Prom Rental Terms and Conditions

2023 Jos. A. Bank Prom Ambassador Program Terms and Conditions

These Terms and Conditions apply to the 2023 Prom Ambassador Program from Jos. A Bank (“Jos. A. Bank” or “Sponsor”). As explained below, you, the “Participant,” will have the opportunity to qualify for a $250 coupon reward that can be used towards a single rental, retail, or custom transaction (subject to certain exclusions), from a Jos. A. Bank store, if you provide the required number of Rental Referrals during the “Program Period” which runs from January 27th, 2023 through July 1, 2023 (but prior to your Prom).

By participating in Prom Ambassador Program, each participant (or, if a minor, his/her/their parent or guardian on his/her/their behalf) agrees to be bound by these Terms and Conditions and the decisions of Sponsor and administrators, which shall be final in all respects.

A “Rental Referral” is defined as a transaction where a person (a) provides your Prom Ambassador Group ID number at the time of booking, AND (b) deposits $20.00 in connection with each qualifying rental which must include, at a minimum, coat and pants, shirt, tie, and jewelry, (each rental, a “Rental Package”) from Jos. A. Bank for a prom that occurs no later than July 1, 2023.

Please note that only rentals for Prom events (proms, senior balls, or other similar spring high school formal events that occur during the Program Period) qualify as “Rental Referrals” for the Prom Ambassador Program.

Please note that rentals or referrals initiated prior to you registering for the 2023 Prom Ambassador Program will NOT be counted as a Rental Referral. Your own rental is not required for participation in the 2023 Prom Ambassador Program, also will NOT be counted as a Rental Referral.

Who is Eligible to be a “Prom Ambassador”?

The Prom Ambassador Program is open only to legal residents of the 50 United States and the District of Columbia, who are (a) 14 years of age or older as of the date of registration; and (b) enrolled as a full-time student in either (i) an accredited high school, which high school is accredited by one of the following regional accrediting agencies in the United States: Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, North Central Association of Colleges and Schools, Northwest Accreditation Commission, Western Association of Schools and Colleges, and Southern Association of Colleges and Schools; or (ii) a non-accredited high school that is recognized by Jos. A. Bank as a participating school. To determine whether your high school is recognized as a participating school or to seek recognition from Jos. A. Bank as a participating school, please contact your local Jos. A. Bank store. Please see the Josbank.com website for store information. Employees, officers, directors, and agents of Jos. A. Bank, its parent, subsidiaries, and affiliate companies, and all coordinating agencies for the 2023 Prom Ambassador Program, and the immediate families of each, or persons living in the same household of such employees, are not eligible.

How Does the Prom Ambassador Program Work?

In order to participate in the 2023 Prom Ambassador Program, the person who wants to be a Prom Ambassador must (a) register at least 14 days prior to the date of his/her/their/their Prom night (which must occur no later than July 1, 2023) (“Event Date”); (b) submit his/her/their/their first and last name, telephone number, email address, high school name, Event Date, and high school city and state; and (c) consent (or if Prom Ambassador is a minor, Prom Ambassador must obtain the consent of his/her/their/their guardian or parent) to his/her/their/their participation in the Prom Ambassador Program, his/her/their/their compliance with these Terms & Conditions, and the business use of his/her/their/their name and personal information, including contact information provided to Jos. A. Bank, in connection with the Prom Ambassador Program as well as for the business uses of Jos. A. Bank, as stated at josbank.com/privacy-policy; and (d) opt in to receiving emails, which will contain information necessary for participation and administration of the Prom Ambassador Program. PLEASE NOTE: The $250 coupon reward will be sent to you by email. You may view, change, or delete your personal information at any time by contacting us by email or phone. See "For Further Information," below for contact information.

Once registered, each Prom Ambassador will be given a “Prom Ambassador ID number”. During the Program Period up to his/her/their/their Event Date, a Prom Ambassador will be credited with a “Rental Referral” (as defined above) for each qualifying transaction where his/her/their/their Prom Ambassador ID is provided to Jos. A. Bank when the customer books his/her/their/their rental for prom at one of our stores. LIMIT: One (1) Prom Ambassador registration per person and one (1) person per Prom Ambassador registration.

What Can A Prom Ambassador Receive?

$250 Coupon Reward

Individual Prom Ambassadors are eligible for this coupon reward after obtaining six (6) qualifying Rental Referrals, as follows:

Six (6) Rental Referrals: A Prom Ambassador who has accumulated six (6) Rental Referrals (excluding their personal rental) during the Program Period prior to his/her/their Event Date qualifies.
PLEASE NOTE: The $250 coupon reward will be delivered by email which the Prom Ambassador can redeem in the store.
PLEASE NOTE: The $250 coupon reward must be earned prior to the Event Date. (See below for further details on redemption and timing.)
PLEASE NOTE: A Prom Ambassador can only receive one (1) $250 coupon reward.
PLEASE NOTE: Although Prom Ambassadors can no longer attain Referrals after his/her/their Event Date, coupons they’ve distributed can still be redeemed, subject to their terms and conditions.

Any federal, state or local taxes (other than sales tax) are the responsibility of the Prom Ambassador.

How to Arrange For and Redeem the $250 Coupon Reward

In connection with the $250 coupon reward, the Prom Ambassador’s reservation will automatically be assigned the coupon code at the time of qualifying for the offer. The coupon will activate 14 days prior to the event date, or when the Prom Ambassador has met all the qualifications if they are not yet met 14 days prior to the event date. The $250 coupon reward may be used only once and must be surrendered at time of purchase. If the coupon reward is used towards retail clothing that should need alterations, tailoring is extra and the responsibility of the Prom Ambassador. For all transactions more than $250, the Prom Ambassador must pay the remaining balance, including sales tax to complete the purchase. For Prom Ambassadors choosing to use his/her/their coupon towards their rental, Damage and Handling Fee is also the responsibility of the Ambassador and is not covered by the coupon.

For Ambassadors choosing to use the coupon towards their rental, standard rental terms and conditions apply. See tuxedo.josbank.com/terms-and-conditions.

The $250 coupon reward (a) may NOT be combined with other discounts or offers, including Bank Account Rewards discount; (b) may NOT be redeemed for cash or credit (in whole or in part, even if the free rental, custom, transaction is less than $250); and (c) are NOT redeemable online. For more details about rental terms and conditions, visit tuxedo.josbank.com/terms-and-conditions.

PLEASE NOTE: The $250 coupon reward must be earned prior to the Event Date. Prom Ambassadors planning to use their coupon towards their rental upon obtaining 6 qualifying Rental Referrals must go into a nearby Jos. A. Bank store and select their rental style, get fitted for their rental, and place a $20 rental deposit at least 7 days prior to the Event Date to avoid incurring rush fees. If the qualifying number of referrals are met prior to the event date, the deposit will be refunded to the Ambassador, less taxes and fees. Rental terms and conditions apply.

PLEASE NOTE: A $250 coupon reward can only be awarded up to the Event Date. A Prom Ambassadors’ $250 coupon reward is non-transferrable. No refunds, cash, or credit will be issued for rewards associated with this program.

PLEASE NOTE: Prom Ambassadors planning to use their $250 coupon reward towards new clothes to wear to their Prom event must earn the Reward and bring the coupon to a store at least 10 days prior to the Event Date, to accommodate the preparation time and/or alterations.

PLEASE NOTE: If qualified and the necessary Rental Referrals met prior to the Event Date, the $250 coupon reward can be redeemed up to two weeks prior to the Event Date and up to 30 days after the Event Date provided all criteria is met. Subject to all applicable terms and conditions, including that it is not valid for Excluded Items.

No refunds, cash, or credit will be issued for any items obtained using a $250 coupon reward in connection with this program.

Required Disclosures of Being a Prom Ambassador

A Prom Ambassador is required to disclose his/her/their/their relationship with Jos. A. Bank in the Prom Ambassador Program in any promotional activities, including emails and social media posts about the program. The following is suggested language: “I just signed up to be a Jos. A. Bank Prom Ambassador. Take this Prom Ambassador ID in-store to receive $50 off your next rental: [PROM AMBASSADOR ID SHOULD POPULATE HERE]. For more information on the Prom Ambassador Program, check out www.tuxedo.josbank/promrules. All promotional messages must be accurate and must not disparage any individual or organization. In the event that a Prom Ambassador fails to comply with this provision, Sponsor may, upon discovery, take appropriate action, in its sole discretion.

Additional Terms and Conditions/ Releases/ Disputes

Use of a false email account or other inaccurate registration information will, upon discovery by Jos. A. Bank, disqualify an individual from participating in the Prom Ambassador Program and receiving any Rewards. ANY ATTEMPT TO DELIBERATELY DAMAGE OR TAMPER WITH THE WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROM AMBASSADOR PROGRAM MAY BY A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, JOS. A. BANK RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM SUCH INDIVIDUAL TO THE FULL EXTENT ALLOWED BY LAW. Jos. A. Bank further reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the registration process, the operation of the Prom Ambassador Program, or the redemption of any Rewards; violates these Terms and Conditions; or acts in an unsportsmanlike or disruptive manner at any time during the Prom Ambassador Program, or with the intent to annoy, abuse, threaten or harass any other person, and to seek damages or other remedies to the full extent allowed by law.

Jos. A. Bank may, to the maximum extent permitted by applicable law and in its sole and absolute discretion and without notice, (a) terminate any Prom Ambassador account and participation in the Prom Ambassador Program; and (b) modify, suspend, or cancel the Prom Ambassador Program if fraud, technical failures, legal requirements, or any other factor beyond its reasonable control impairs the integrity of the program, as determined by Jos. A. Bank in its sole discretion. In the event of termination of the Program, Jos. A. Bank will, if feasible and within its sole discretion, distribute Rewards based on the information available at the time of termination. Inclusion in any modified procedures shall be each participant’s sole and exclusive remedy under the circumstances. Any changes to the use of personal information shall apply only to information you supply after the effective date of any change.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Prom Ambassador Program-related materials, privacy policy or terms of use on the website and/or these Terms and Conditions, these Terms and Conditions shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. The invalidity or enforceability of any provision of these Terms and Conditions shall not affect the validity or enforcement of any other provision.

PLEASE NOTE: Nothing in the Prom Ambassador Program is intended to or shall be deemed or construed to create an employment, joint venture, partnership or agency relationship between a participant and Jos. A. Bank.

By participating in the Prom Ambassador Program, each participant (or, if a minor, his/her/their/their parent or guardian) acknowledges that Jos. A. Bank and/or the other Released Entities (as defined below) do not make, nor are in any manner responsible for any warranty, representations, express or implied, in fact or in law, relating to the quality, conditions, fitness or merchantability of any aspect of the Prom Ambassador Program or any Rewards (other than as set forth in the rental terms at tuxedo.josbank.com/terms-and-conditions). All Rewards are awarded AS IS. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, in which case the above limitations or exclusions may not apply. Each participant (or if a minor, his/her/their parent or guardian) acknowledges that the Released Entities are not responsible for and participant (or if a minor, his/her/their parent or guardian) releases all liability for: (i) registrations or entry of Prom Ambassador ID numbers or related URLs for Rental Referrals or PIF’s that are lost, misdirected, unintelligible, corrupted, incomplete, late, incorrectly or inaccurately transcribed, or otherwise not in compliance with these Terms and Conditions; (ii) any act, failure to act, delay, or error relating to the transmitting or processing of Prom Ambassador registrations, Prom Ambassador ID numbers or related urls, Rental Referrals, or PIF’s; (iii) telecommunications network, phone system, computer system, hardware, or software malfunctions, failure, disconnection, unavailability or inaccessibility of any service, data loss, or other difficulties of any kind, including but not limited to any malfunctions or inaccuracies with the Website, or any injury or damage to a Prom Ambassador’s or other person’s computer related to or resulting from participating in the Prom Ambassador Program or accessing or downloading materials relating to the Prom Ambassador Program or any Rewards; (iv) electronic or human error which may occur in the administration of the Prom Ambassador Program; (v) unauthorized human intervention in any part of the Prom Ambassador Program; (vi) any conditions caused by events beyond the control of the Released Entities that may cause the Prom Ambassador Program to be disrupted or corrupted; (vii) any losses, injuries, or damages of any kind resulting directly or indirectly from participation in the Prom Ambassador Program; and/or acceptance, use, or misuse of any Reward or Reward-related activity; or (viii) any printing or typographical errors in any materials relating to the Prom Ambassador Program.

BY PARTICIPATING IN THE PROM AMBASSADOR PROGRAM, PARTICIPANT (OR IF A MINOR, HIS/HER/THEIR PARENT OR GUARDIAN) AGREES TO AND HEREBY DOES RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS JOS. A. BANK, SOCIAL MEDIA SITES, AND EACH OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, DISTRIBUTORS, DEALERS, VENDORS, PRIZE PROVIDERS, AND THE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES OF ALL SUCH COMPANIES (COLLECTIVELY “THE RELEASED ENTITIES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH HIS/HER/THEIR/THEIR PARTICIPATION IN THE PROM AMBASSADOR PROGRAM, IN WHOLE OR IN PART, OR ACCEPTANCE, POSSESSION, OR USE/MISUSE OF ANY REWARD OR REWARD-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, PROPERTY DAMAGES, DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND CLAIMS BASED ON THE RIGHTS OF PUBLICITY AND PRIVACY.

PARTICIPANT (OR IF A MINOR, HIS/HER/THEIR PARENT OR GUARDIAN) WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Notwithstanding the foregoing, if the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, participant (or, if a minor, his/her/their parent or guardian) agrees that (a) this Program shall be governed by, and construed in accordance with, the laws of the State of California, regardless of principles of conflicts of laws; (b) any dispute, action or litigation concerning this Program shall take place exclusively in the federal or state courts sitting in Alameda County, California; and (c) you (or if a minor, your parent or guardian) expressly consents to the jurisdiction of and venue in such courts and waives all defenses relating to jurisdiction or venue in such courts; all except where prohibited by law.

IN ADDITION, PARTICIPANT (OR IF A MINOR, HIS/HER/THEIR/THEIR PARENT OR GUARDIAN) AGREE THAT ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH PARTICIPATING IN THE PROM AMBASSADOR PROGRAM AND WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. BY PARTICIPATING IN THE PROM AMBASSADOR PROGRAM, PARTICIPANT (OR IF A MINOR, HIS/HER/THEIR PARENT OR GUARDIAN) AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM OR ANY REWARD GIVEN WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS.

PLEASE NOTE: No Endorsement from Instagram, YouTube, Facebook, Google+ and Twitter (collectively, “Social Media Sites”): The Prom Ambassador Program may be promoted by Sponsor or others on one or more Social Media Sites. The Prom Ambassador Program is in no way sponsored, endorsed or administered by, or associated with the Social Media Sites. Other than applying separately for a Social Media Site Account, any information you provide to Sponsor in connection with the Prom Ambassador Program is to Sponsor and not to the Social Media Site. You understand that by using and interacting with any Social Media Sites you are subject to the terms, conditions, and policies that govern the use of that site. You should therefore review the applicable terms and policies for any Social Media Sites, including privacy and data gathering practices, before using or interacting with these sites.

For Further Information

If you have further questions, comments or concerns, please contact us.

Terms and Conditions for 2023 Cash for Schools Program by Men’s Wearhouse

Thank you for registering for our Cash for Schools (“CFS”) Program. This program is hosted by the Men’s Wearhouse, in partnership with Jos A Bank (collectively, “We,” “Us,” or “Our”).

By joining, your school has the opportunity to earn cash rewards based on how many Qualifying Transactions are made in association with your school’s prom event(s). This event, or all events—if your school has more than one prom—must occur no later than July 1, 2023 (the “Event”).

For example, when a student comes into a Men’s Wearhouse or Jos A Bank store to arrange for a rental for your school’s prom event, that student will be asked for their school information. If the student thereafter picks up their rental for the Event and pays the rental fees in full, then the rental will be counted towards the total for your school. The same is true for a prom-related purchase that meets the Qualifying Transactions definition below.

Schools can earn the following cash rewards, based on the total amount of Qualifying Transactions for their school event:

25-49 Qualifying Transactions	School Receives $500 Check
50-74 Qualifying Transactions	School Receives $1000 Check
75-99 Qualifying Transactions	School Receives $1500 Check
100+ Qualifying Transactions	School Receives $2000 Check

Qualifying Transactions Definition:

Rentals: The minimum rental value must be $125 (not including fees or taxes) that is paid in full. Rentals can be from either Men’s Wearhouse or Jos A Bank to count towards the total Qualifying Transactions for the school. If rental is subsequently canceled and/or a refund provided, the transaction will not count toward the school’s total Qualifying Transactions. The student must identify their school at the time the rental reservation is made, to have their rental count toward the school’s total Qualifying Transactions.
Purchase: Purchase of prom-related attire must meet a minimum of $125 in a single transaction, before taxes and fees. Purchases can be from either Men’s Wearhouse or Jos A Bank to count towards the total Qualifying Transactions for the school. If merchandise is subsequently returned and a refund provided, the transaction will not count toward the school’s total Qualifying Transactions. Purchases will only count toward Qualified Transaction totals if the purchase is made on or after February 1, 2023. No purchases prior to that date will qualify as a Qualified Transaction. The student must identify their school at the time the prom-attire purchase is made, to have their purchase count toward the school’s total Qualifying Transactions.

Here is what you need to know to participate:

Your school will not earn any funds until a minimum of twenty-five (25) Qualifying Transactions have been linked to your unique school ID (provided by Us) for your Event. To be clear, if between 1 and 24 students complete a Qualifying Transaction for your Event, then your school would not receive any funds. If 25 students make a Qualifying Transaction for your Event, then your school will receive $500. Further Qualifying Transaction thresholds are outlined above. The maximum amount a school can earn is $2000.
The school must be registered for our CFS Program at least four (4) weeks before the earliest of the school’s Event(s) or July 1, 2023. No late submissions will be considered. At the time of registration, for purposes of total Qualifying Transaction calculations, we will ask for the school’s latest prom event date. We will credit the school for all Qualifying Transactions associated with any school prom events, so long as they occur before July 1, 2023.
No amounts will be earned for Qualifying Transactions completed after the Event.

Ways to increase participation include:

Encouraging your students to rent or purchase their prom attire from Men’s Wearhouse or Jos A Bank. (The more referrals the more your school can earn.)
Encouraging your student leaders to become Prom Ambassadors for a chance to earn a $250 Coupon to be used towards a rental, retail purchase or custom purchase. See Prom Ambassador program terms and conditions for full details at menswearhouse.com/promrules.
Encouraging students and their parents to visit one of our stores or our website and use our online tools to learn about our rental and purchase offerings as well as benefits afforded to members of our rewards programs.
Present our “How to Dress for Success” seminars on your campus (available as a virtual format).
Print and display or digitally share collateral material we create for you to help promote your Event (available on our website).
Allowing Men’s Wearhouse/Jos A Bank to participate in prom Event committee meetings or other related meetings to build awareness of your school’s participation in the CFS Program.
Delivering Men’s Wearhouse and/or Jos A Bank Prom messages via your school’s Website, newspaper, email and other media, spreading word of your school’s participation in Cash for Schools among students and their parents.

By submitting your school’s information to join the CFS Program, you represent and warrant that you are (a) over 18 years of age, and (b) authorized to represent the school identified here, as it relates to the Event. You also agree and understand, on behalf of yourself and your school, that (a) participation in the CFS Program is subject to the terms and conditions stated herein, these terms and conditions may be subject to change; (b) your school will not receive any funds unless, by the Event date, We have received the school’s Federal Tax ID number via a W9 and/or written representation that the school is a 501(c)(3) nonprofit organization with a Letter of Determination from the IRS; (c) amounts earned will be provided via check, made payable to the school, and mailed to the school address, in care of the school principal; and (d) if any check is not cashed before the expiration stated on the check itself, then the funds will be considered forfeited and Men’s Wearhouse will make no further efforts to distribute the funds. Men’s Wearhouse will make commercially reasonable efforts to issue the checks within five (5) weeks after the Event.

Liability and Release

Each participant (school, renter, or purchaser) under the CFS Program, agrees to (1) defend, indemnify, and otherwise hold Us, and Our respective parents, subsidiaries, affiliated companies, promotion and distribution partners, the agents, officers, directors, and/or employees (collectively, the “Released Parties”) harmless from and against any and all liability of any nature whatsoever arising out of or relating to participation in the CFS Program, (2) release Us and each of the Released Parties from any and all liability for any loss, harm, damages, costs, and/or expenses, including without limitation property damages, personal injury and/or death, arising out of participating in this CFS Program or the acceptance, possession, use, or misuse of any funds awarded, (3) waive any and all claims against Us and each of the Released Parties based on publicity rights, defamation, invasion of privacy, or any other intellectual property or privacy right, and (4) acknowledge that We have not made nor are We responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, as it relates to the CFS Program or the funds awarded.

We shall not be liable for any damages whatsoever related to or arising from (a) any technical errors that may prevent participation in any way; (b) unauthorized human intervention in the CFS Program; and/or (c) errors in the administration of the CFS Program.

All disputes, claims, and causes of action arising out of, or connected with, the CFS Program or any funds awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Maryland. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, including rights and obligations of Us or participants, shall be governed by, and construed in accordance with, the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules (whether of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Maryland.

In the event that the operation, security, or administration of the CFS Program is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, We may, in our sole discretion and at any time, (a) suspend the CFS Program to address the impairment and then, at Our sole discretion, resume the CFS Program in a manner that best conforms to the spirit of these Terms and Conditions (b) award the funds based on the number of Qualifying Transactions received up to the time of the impairment and/or (c) terminate the CFS Program. Any attempt by any person to undermine the legitimate operation of the CFS Program may be a violation of criminal and civil law, and should such an attempt be made, We reserve the right to seek damages from any such person to the fullest extent permitted by law. Failure or delay by Us to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.

Please check back to our website www.josbank.com/prom for any updates or modifications to the CFS program or these Terms and Conditions.