Áitiúil by Airbnb: Microgrants Scheme Terms and Conditions

The Airbnb Áitiúil Microgrants Scheme (the “Scheme”) will support initiatives across Ireland that promote local communities and preserve and promote Irish Culture to strengthen communities and empower citizens. The Scheme is promoted and presented by Airbnb Ireland UC (“Airbnb”). Further detail about the Microgrants Scheme can be found at www.airbnb.com/d/aitiuil (the “Site”)

1. Application

a. By applying for entry into the Scheme, you agree to be bound by the terms and conditions set out in this document The Airbnb Áitiúil Microgrants Scheme Terms & Conditions (“Terms").

b. Airbnb may request valid proof of eligibility and other relevant documentation, including with respect to the identity of individuals and corporate organisations, and Airbnb may disqualify an applicant or participant at any time without notice for any reason, including, without limitation, if Airbnb determines (in its sole discretion) that the provided proof is not sufficient, you do not otherwise meet the Scheme’s eligibility criteria, or you fail to comply with these Terms or attempt in any way to disrupt or undermine the Scheme or to circumvent any of these Terms.

c. You are not required to make any purchase or pay any fee to apply for the Scheme, nor will you be required to make available any ownership or equity stake in your entity to participate in this Scheme. However, you and your entity (if applicable) are responsible for all expenses you may choose to incur in the course of developing your solution and entry.

d. If you are invited to travel to meetings to discuss or present your solution for the Scheme, Airbnb will pay for your reasonable travel costs and your reasonable accommodation costs at an Airbnb accommodation and other reasonable expenses incurred provided that these costs are agreed in advance.

2. Application process

a. Applicants should complete the online application form, including a broad visionary statement of the idea for their project and a projection of the impact the project will have on their community and promotion of Irish culture (“Letter of Interest”).

b. The Scheme will award grants to successful applicants on a quarterly basis. The opening and closing dates of the quarterly application process for the Scheme will be made available in the online materials for the Scheme, here. Airbnb will not be responsible for any lost, delayed, misdirected, incomprehensible, incomplete, damaged, or undelivered Letters of Interest or for any delay or failure to transmit, process, receive or consider Letters of Interest.

c. Airbnb will consider the Letters of Interest received at its discretion and will notify you by email and/or phone if you are selected as a short-listed project (“Eligible Applicant”). If you are selected as an Eligible Applicant, you will be invited to prepare and a submit a full application (in a form provided to you by Airbnb) (an “Application”) which must be received by Airbnb within 2 weeks.

d. Airbnb will then review the Application and select final Applications for which Airbnb would like to offer funding (“Successful Applications”). Successful Applications will be informed by email and/or phone. Airbnb’s judging panel (“Judges”) will assess the Applications on their own merit and Airbnb’s decision will be final. Airbnb is under no obligation to fund any Application as part of the Scheme. There is no guarantee that any Application will be successful or will be granted funding under the Scheme. Airbnb will not be obliged to provide any feedback on why a particular Application has or has not been successful.

f. Applicants must ensure that their Letter of Interest and Application, as applicable, does not:

i. contain, depict, imply, or refer (explicitly or otherwise) to any content that: is inappropriate, objectionable, or unsuitable; disparage or refer negatively to Airbnb, the Scheme, or any other person or entity; unnecessarily refer to any third party (person or entity); or violate any law or any third party’s intellectual property, privacy, personality, or other rights (“Third-Party Rights”)

ii. conflict with any of Airbnb’s core values, brand guidelines, or positioning, and is not otherwise likely to be objectionable to Airbnb; and

iii. contain malicious code, create an information security risk, or otherwise compromise the integrity of the solution or related software, data, or property, whether alone or integrated with any Airbnb experience, product or service.

g. The following are examples of applications which Airbnb will not consider as part of the Scheme:

i. applications that are not from Eligible Applicants (and any applications from outside of Ireland will not be accepted);

ii. requests for funding for operating costs;

iii. projects that do not reflect Airbnb’s mission of creating a world where anyone can belong anywhere and feel welcomed, respected, appreciated for who we are, no matter where we might be or do not comply with these Terms;

iv. projects that propagate a particular religious faith, or that are restricted to one religion or denomination, activities that propagate or support a political party, affiliation, or political candidate; memorials; and

v. requests for support of fundraising events, speaking events, and travel costs.

3. Grants

a. Successful Applications which are offered funding in accordance with these Terms may be offered amounts ranging from Euros 500 to Euros 5,000.

b. Any offer of funding by Airbnb must be wholly and exclusively applied to the project set out in the Successful Application, and may not be used for any other purpose. You may be required to enter into a further contract with Airbnb which specifies project expectations, as well as how such funding may be used, when it will be given, and the circumstances in which such funding may be withdrawn.

4. Obligations of applicants

a. You agree that you will not issue any press release or make any public statement about the Scheme or your Application at any time without Airbnb’s prior written consent (and failure to do so could result in your disqualification).

b. By submitting a Letter of Interest or Application, as applicable:

i. you agree to comply with all applicable laws, these Terms, and any other guidelines or instructions provided to you by Airbnb in connection with the Scheme;

ii. you represent and warrant that you have the authority to bind you, your entity and its participants to these Terms and take full responsibility for doing so; and

iii. you agree that all decisions of Airbnb and the Judges are final and binding on you, your entity, and its participants.

c. To the extent that there is any inconsistency between these Terms and any Scheme-related materials, including but not limited to social media, website content, and television, print, or online advertising, these Terms shall govern.

5. Cancellation

If for any reason Airbnb cannot run the Scheme as planned due to any force majeure events (including without limitation as a result of bugs, tampering, unauthorized intervention, fraud, technical failures, infection by computer virus, or any other cause that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Scheme), Airbnb may cancel, modify, extend, or suspend the Scheme without notice and in its sole discretion.

6. Intellectual Property Rights

a. You will retain any intellectual property rights you have in the project that you create and present in your Letter of Interest or Application in accordance with these Terms, except for any Airbnb technologies or intellectual property rights embodied or incorporated therein and and subject to Airbnb’s ownership of any Airbnb IP (as defined below). However, by participating in this Scheme, you acknowledge and agree that, to the extent permitted by applicable law, any ideas, concepts, data, materials, or information related to your solution or the Scheme that you share are not confidential or proprietary, and that Airbnb and others (including but not limited to anyone attending the in-person presentations) may use, incorporate, or disclose any of them now or in the future in any manner, and you waive any and all related claims that you may have against Airbnb or anyone participating in or attending this Scheme. Notwithstanding the foregoing, and subject to your ownership of intellectual property under this paragraph, in the event you are selected to further develop technology with Airbnb, such development may be governed by additional terms as provided to you by Airbnb and to be agreed in writing.

b. i. If your Application includes content or elements not owned by you, you must be able to provide signed written legal releases (in a form that is satisfactory to Airbnb) that permit you to use and exploit such content and elements in the manner used and exploited; and

ii. you agree that Airbnb and its affiliates exclusively own and shall retain all worldwide rights, title and interest in and to any materials provided by or on behalf of Airbnb in connection with the Scheme and Airbnb’s trademarks, service marks, logos, trade dress, trade names or service names (“Airbnb Marks”) (collectively, “Airbnb IP”), including without limitation all intellectual property rights therein. Nothing in these Terms grants you any rights to use any Airbnb Marks. No title to or ownership of any Airbnb IP is granted or otherwise transferred to you or any other entity or person under these Terms, and any rights not expressly granted herein are withheld. You agree to cooperate with Airbnb to maintain Airbnb’s ownership of the Airbnb IP, and you agree to promptly provide notice to Airbnb of any claims relating to the foregoing.

7. Disclaimers, Liability and Indemnification

a. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT EITHER PARTIES’ LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. b. SUBJECT TO PARAGRAPH

7.a. ABOVE:

i.AIRBNB WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS, REVENUE OR BUSINESS OPPORTUNITY IN CONNECTION WITH THE Scheme; and

ii. AIRBNB’S MAXIMUM AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE Scheme SHALL IN NO CIRCUMSTANCES EXCEED THE SUM OF ONE THOUSAND EURO (€1,000).

8. Relationship to Airbnb

a. You acknowledge that nothing in these Terms will constitute an employment, joint venture, or partnership relationship between you and Airbnb. In no way are you to be construed as being or acting as the agent of Airbnb in any respect, and vice versa.

9. Governing law

a. The Scheme, these Terms, and any matter or claim arising out of or in connection with them are governed by the laws of Ireland and are subject to the exclusive jurisdiction of the Irish courts. Airbnb Community Tourism Scheme Terms & Conditions

Updated and applicable from 8 January 2020.