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KOHL’S HOMETOWN GIVING PROGRAM

OFFICIAL RULES

By participating in the "Kohl’s Hometown Giving Program" (the "Program"), the Organization (as defined below) and you, in your capacity as Application Contact (as defined below) for the Organization, expressly agree to abide by these Official Rules.

Eligibility: Program open only to charitable organizations with services benefiting Milwaukee and Waukesha counties, and with Internal Revenue Service 501(c)(3) status (each, an "Organization"). For the avoidance of doubt, the Program is not open to supporting current Kohl’s Hometown partners, 2022 Kohl’s Hometown Giving grant recipients, schools (including school districts, colleges, universities, PTA’s, Foundations, alumni associations), daycares, health clinics/health care centers, individuals, religious congregations*, religious activities such as religious worship, instruction, or proselytization, clinical and/or research programs, fundraiser or gala events, endowment campaigns, elected officials, athletic teams, or events/programs. Associates of Kohl’s, and immediate family and household members of such individuals cannot apply for grant monies on behalf of an Organization. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not.

*For the avoidance of doubt a religious congregation (e.g., a church, synagogue, mosque) may not apply for or receive grant funds unless they are applying in support of a non-sectarian program with an individual EIN number.

OVERVIEW OF KEY DATES AND TIMES:

PERIOD Begin Date & Time End Date & Time
Grant Application 12:00 a.m. C.T. on
Monday, August 14, 2023 		5:00 p.m. C.T. on
Friday, August 25, 2023
Grant Application Review Monday, August 28, 2023 Friday, October 6, 2023
Grant Application Status Notification Tuesday, October 10, 2023 Tuesday, October 10, 2023
Grant Acceptance (Form Return) Tuesday, October 10, 2023 Friday, October 20, 2023
Grant Confirmation Tuesday, October 10, 2023 Friday, October 20, 2023

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Program Entry: Please consult the overview of key dates and times above. The Program's Grant Application Period begins on or after 12:00 am C.T. on 8/14/23 and ends at 5:00 pm C.T. on 8/25/23 ("Grant Application Period"). Administrator’s computer is the official clock for this Program.

  1. GRANT APPLICATION: During the Grant Application Period navigate the internet to www.KohlsHometownGiving.com ("Website") and click the "Register Now" button to begin the application process. For the avoidance of doubt, you must complete all steps in order to be considered for a grant; you must do so even if your Organization applied for a grant in the past versions of the Kohl’s Hometown Giving Program (information provided in previous years will not be reviewed for THIS Program). Your Grant Application (defined below) can be completed in multiple sessions (if necessary) so long as all elements of the Grant Application are received by the corresponding deadline as set forth above.

    ORGANIZATION REGISTRATION
    1. Take the eligibility questionnaire, this includes providing your Organization’s EIN number and NTEE code to preliminarily determine whether your Organization is eligible. Click "Submit." If it is confirmed that you are an Organization with Internal Revenue Service 501(c)(3) status you will be able to proceed to the next steps.
    2. Application Contact Information: Type in your first name, last name, title at Organization, email address (at Organization), direct phone number (at Organization) and your Organization Website URL (For the avoidance of doubt, you are submitting an application for a grant to be used by your Organization, NOT by you personally.) NOTE: only persons who are organization administrative personnel with supervisory responsibility over matters of Organization policy may serve as an Organization’s ("Application Contact"). If you do not meet this criterion, you CANNOT serve as an Organization’s Application Contact Note: Only one (1) person can serve as the Organization’s Application Contact and submit an application for the Program on behalf of an Organization. For the avoidance of doubt, if more than one (1) application is received for a given Organization, only the first application will be reviewed. You will also be asked to create a password so that you may return to your application at a later date.

    Carefully read the Official Rules and Privacy Policy, then click the check boxes signifying that you have read, fully understand and agree to these Official Rules and that you possess all required right, power and authority to submit an application for your Organization in the Program and that, to the best of your knowledge and belief, all information provided in the Application is true and complete and no regulation, rule or Organization policy would prevent your Organization from participating in the Program or receiving grant monies from Sponsor (if application is accepted) and that any requested funding if received will solely be used as outlined in this application process. Sponsor or Administrator may request you to provide proof as to your possession of all right, power and authority to submit application for your Organization; and, if such proof is deemed inadequate in any regard (as determined by Sponsor or Administrator in their sole discretion) or should you fail to provide any proof within the time period indicated by Sponsor/Administrator, your Organization shall forfeit any right to any grant monies from Sponsor and Sponsor shall have no liability or obligation to your Organization. Click the Submit button to send your Organization’s registration.

    IF YOU DO NOT CHECK THE BOXES INDICATING YOUR AGREEMENT TO THE OFFICIAL RULES AND ACKNOWLEDGING THAT YOU HAVE ALL RIGHT, POWER AND AUTHORITY TO SUBMIT AN APPLICATION FOR YOUR ORGANIZATION IN THE PROGRAM, YOUR ORGANIZATION’S REGISTRATION WILL NOT BE ACCEPTED, YOU WILL NOT BE ABLE TO MOVE ON TO THE APPLICATION STEP AND SPONSOR AND ADMINISTRATOR WILL HAVE NO LIABILITY OR OBLIGATION TO YOUR ORGANIZATION.

    Once you complete your Organization Registration, you will be able to move on to the Application.

    GRANT REQUEST: DESCRIPTION
    1. You will be asked to provide the details about the use of funds if received from Sponsor (i.e., if application is chosen), including the issue(s) that the programming funded by the grant monies will address; the population that would benefit from the program funded by the grant monies; the analytics to be used in quantifying the success of the program funded by the grant monies.

    GRANT REQUEST: BUDGET
    1. You will be asked to provide your Organization’s 2022 Annual Revenue, Organization Top 3 Donor’s Names and Grant Amounts from 2022 and Requested Grant Amount: Enter the amount of money you are requesting for your organization. You may apply for one (1) grant valued between $5,000 (minimum) and $25,000 (maximum).
    2. Budget: Enter specific good faith estimates of the expenses for which the grant money will be used if application is accepted. NOTE: Requests for unrestricted funds will not be awarded.
    3. Disclose if there is any co-funding from other sources (e.g. organizations, corporations, individuals) for the programming funded by the grant monies if application is accepted.

    ADDITIONAL INFORMATION
    1. The questions in the section are optional and will not affect the review of your grant application.
    Your Organization Registration, Grant Request Description, Budget and Additional Information (as applicable) will constitute a "Grant Application" in this Program.

    All Grant Applications must be received in full by 5:00 pm C.T. on 8/25/23.

  2. Grant Application Review/Determination: Administrator and/or Sponsor will review all Grant Applications received during the Grant Application Review Period (as defined in the chart above). Approval of all eligible Grant Applications will be conducted in two phases and determined based on a competitive review based on the following criteria:
    3. Scored Grant Application Questions Criteria
    Describe your organization’s program that will address this issue? The organization clearly outlines a program that would positively impact the issue identified in the application. Kohl’s also feels this program is appropriate to support, given the impact that will be made on the community issue addressed and Kohl’s philanthropic positioning.
    Specifically describe how Kohl’s funding will be used within this program. The organization will use Kohl's funding to support their program and address a true & urgent need in the community. Take into consideration the Budget Section as well to ensure the organization provides clear, budget details to identify how funding will specifically be used.
    What is the anticipated impact of fundng? If supporting a specific program at your organization, what is the total demographic and geographic reach of this program? The requested funding directly makes an impact on the community and the organization is able to measure a quantifiable reach.
    Describe how you will be able to quantify and report on the outcomes/successes achieved through the grant. The organization clearly states how they will be able to quantify and report on its outcomes/ success of Kohl’s funding.
    How is your organization addressing disparities in diversity and inclusion both within your organization and the populations you serve? Organization and/or proposed program clearly addresses disparities in diversity and inclusions both within the organization and the populations served.
    SUBMISSION OF AN APPLICATION IN NO WAY OBLIGATES SPONSOR OR ADMINISTRATOR TO ACCEPT APPLICATION AND AWARD GRANT MONIES TO AN ORGANIZATION, EVEN IF IT IS ELIGIBLE. THE DECISION WHETHER (OR NOT) TO ACCEPT APPLICATION AND AWARD GRANT MONIES IS AT SPONSOR/ADMINISTRATOR'S SOLE AND ABSOLUTE DISCRETION. SPONSOR FURTHER RESERVES THE RIGHT, DUE TO AVAILABLE GRANT MONEY THRESHOLDS FOR CATEGORIES OR OTHER REASONS TO AWARD GRANT MONEY TO APPROVED ORGANIZATIONS ONLY IN PART.

  3. Grant Application Status Notification: Organization and you, in your capacity as Application Contact will be notified via email (at the address you registered with) whether or not your grant has been approved on or about October 10, 2023. If approved, Application Contact may be required, at Sponsor’s/Administrator’s sole discretion, to complete, sign and return within an indicated time period an Affidavit of Compliance and/or other materials substantiating that the grant money will be used to pay for eligible expenses in conjunction with the Grant ("Grant Acceptance Form"). Application Contact further agrees to notify Sponsor immediately in writing if at any time after receipt of grant monies the Organization’s status as an Internal Revenue Service 501(c)(3) entity has been rescinded by the Internal Revenue Service; or, if the Organization (or any officer or director of same) has become subject to an investigation by and/or any allegations from any regulatory body and/or tribunal of any kind (including, without limitation, federal, state, and/or local); or, if the Organization (or any officer or director of same) is party to a civil lawsuit concerning any act of moral turpitude or which otherwise might bring Kohl’s Inc. or Kohl’s Cares LLC, a wholly owned subsidiary of Kohl’s into public disrepute or adversely affect their goodwill and reputation. Failure to timely comply with these requirements (as applicable) or if requested materials are deemed inadequate in any regard (as determined by Sponsor or Administrator in their sole discretion), Organization shall refund to Sponsor immediately the full amount of the grant money and Sponsor and Administrator shall have no liability or obligation to Organization. (But, return of the grant money shall not relieve Application Contact and/or Organization of potential liability to Sponsor and Administrator.) Grant may be awarded to Organization if Sponsor and Administrator determine that Organization is eligible and application is valid as per these Official Rules; the decision whether (or not) to award a grant to an Organization (and, if awarded, the amount of the grant) is at Sponsor’s/Administrator’s sole and absolute discretion.
  4. Grant Acceptance (Form Return): If your Grant Application is approved, your Grant Acceptance Form must be signed and completed by Friday, October 20, 2023, it being understood that an electronic version of the Grant Acceptance Form shall have the same, legally binding effect as an original hand-signed document. In the event of noncompliance with this requirement and/or if the email notification is returned as undeliverable after three (3) attempts, such Organization’s Application may be rejected and such grant money restored to the pool of available monies for the corresponding category as per Rule 3 below. If your Grant Acceptance Form is not properly completed and submitted by the specified deadline you may not be awarded a grant and Sponsor and Administrator will have no liability or obligation to your Organization.
  5. Grant Confirmation: Administrator will review all Grant Acceptance Forms during the Grant Confirmation Period (as defined in the chart above). If Grant Acceptance Form is confirmed, Application Contact will be sent a Grant Confirmation email to the email address they registered with by Friday, October 20, 2023.
  6. Grant Distribution: Grant monies will be issued as checks (in the name of the Organization) and are anticipated to be distributed to approved Organizations in late November/ early December 2023. Organizations will be notified via email when their check is sent. Organization is responsible for any cost(s) that may be incurred above and beyond the approved grant amount as well as for compliance with any tax or other reporting requirements relative to receipt of grant monies from Sponsor. Application Contact further agrees to fully cooperate with Sponsor/Administrator such that Sponsor may properly report its provision of grant monies to Organization as well as to assist Sponsor in achieving favorable tax treatment/benefits in conjunction with providing such grant monies to Organization.
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Allocation of Grant Monies Among Categories:

Category Available Grant Monies
Health & Wellness 150,000
Social Service $150,000
Arts & Culture $50,000
Environmental Sustainability $50,000
Education $100,000

IN NO EVENT WILL SPONSOR’S TOTAL FINANCIAL OBLIGATION FOR A GIVEN CATEGORY EXCEED THE CORRESPONDING AVAILABLE GRANT MONEY THRESHOLD. Once the available grant money threshold is reached for a given Category, grant monies for such Category will no longer be available. Should any available grant monies remain at the end of the Program Period, Sponsor may award such monies in its sole discretion.

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Application Restrictions: Sponsor and Administrator will not be responsible for late, lost, incomplete, illegible, damaged, or misdirected applications/materials. As between Sponsor and Organization and you, in your capacity as Application Contact, all application materials become the property of Sponsor and will not be returned. By submitting an application for the Program, Organization and you, in your capacity as Application Contact, agree to these Official Rules and the decisions of Sponsor and Administrator, which are binding and final in all matters relating to the Program. Receipt of Grant Application will be acknowledged; but such acknowledgment in no way obligates Sponsor to award grant monies nor is it otherwise binding upon Sponsor.

By submitting an application, Organization and you, in your capacity as Application Contact, agree to indemnify, defend, release, discharge and hold harmless Sponsor, Administrator, their respective parent, subsidiary and affiliated companies, advertising and promotional agencies, as well as their respective officers, directors, employees, agents and representatives ("Released Parties") from any and all claims, liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to death or personal injury, arising out of an Organization’s participation in the Program, including but not limited to Sponsor’s award or refusal to award Organization a grant, or the Organization and you, in your capacity as Application Contact’s acceptance or use of grant monies (if applicable). All federal, state and local laws and regulations apply.

By submitting a Grant Application, Organization grants to Sponsor and its designees (including Administrator) a perpetual, non-exclusive, irrevocable, fully paid-up, worldwide license to use Organization's marks, name, address and publicly available information concerning the Organization for purposes of trade/advertising/promotion and to reference any awarded grant amounts, without further compensation or approval/notice of any kind. For the avoidance of doubt, Sponsor shall have no liability under any legal theory should Sponsor decide not to use the name/address/publicly available information about an Organization receiving grant monies for trade/advertising/promotion purposes. Upon Sponsor’s request and without compensation other than grant monies being provided to Organization and you, in your capacity as Application Contact further agrees to complete, sign and return any additional documents that Sponsor may require in conjunction with the grant of the foregoing rights.

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Conditions of Participation: If, for any reason, the Program is not capable of running as planned, including but not limited to due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify and/or suspend the Program. If the Program is so affected, the Administrator, acting in concert with Sponsor will conduct the Program and make grant monies available to Organization(s) in the above-indicated monetary thresholds per Category in a manner deemed fair, equitable and in accordance with the spirit of these Official Rules as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on www.KohlsHometownGiving.com. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of applications; errors, defects or omissions in the advertisement or offering of this Program; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or electronic application (or other Program materials, as applicable) to be received on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, including any injury or damage to Organization’s or any person’s computer related to, or resulting from, participation in or downloading or uploading any materials for this Program. Sponsor’s/Administrator’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.

Organization and you, in your capacity as Application Contact further agrees not to knowingly damage or cause interruption of the Program and/or prevent others from participating in the Program. Submission of an application is acknowledgement of, and agreement by Organization and you, in your capacity as Application Contact to be bound by these Official Rules of this Program. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM VIOLATES CRIMINAL OR CIVIL LAWS. THE PRECEDING INCLUDES BUT IS NOT LIMITED TO ANY ATTEMPT TO DEFRAUD SPONSOR AND/OR ADMINISTRATOR WITH RESPECT TO THE SUBMISSION OF AN APPLICATION, THE USE OF GRANT MONIES OR OTHERWISE. IF SUCH AN ATTEMPT IS MADE, SPONSOR/ADMINISTRATOR MAY TAKE ANY AND ALL ACTIONS DEEMED APPROPRIATE BY SPONSOR/ADMINISTRATOR AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

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Disputes: To the fullest extent permitted by law, Organization and you, in your capacity as Application Contact agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Program or the award (or non-award) of grant monies shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Wisconsin or an appropriate Wisconsin State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will Organization (or anyone associated with Organization, including but not limited to Application Contact) be permitted to obtain awards for, and Organization and you, in your capacity as Application Contact hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Organization, on the one hand, and Sponsor, on the other hand, in connection with the Program shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin.

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Privacy Policy: The entry information provided is subject to the Kohl’s Privacy Policy found at https://www.kohls.com/feature/privacy-policy.jsp.

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Sponsor: Kohl's Inc., N56 W17000 Ridgewood Drive, Menomonee Falls, WI 53051.

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Administrator: Probability LLC, 2 Woodstock Meadows Ln., Woodstock, NY 12498