Terms and Conditions

Terms and Conditions

The Link Parks Small Business Challenge (the “Contest”) is offered at the sole discretion of Link Logistics Real Estate LLC (the “Sponsor” or “Link”). Link Parks is the business park division of Sponsor.

These Contest Terms and Conditions (“Contest Terms”) are part of Sponsor’s General Terms of Service. By agreeing to these Contest Terms, you also agree to Sponsor’s General Terms of Service (“General Terms”) and acknowledge the Privacy Policy. Capitalized terms used but not defined in these Contest Terms have the meaning given to them in the General Terms and Privacy Policy.

No purchase or payment of any kind is necessary to enter or win this Contest. A purchase will not increase your chances of winning. Entry is open to current Link Parks customers who are eligible pursuant to the below requirements in the Eligibility section. This Contest is void where prohibited by law.

AS DETAILED BELOW, THESE TERMS AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. IF YOU DO NOT AGREE TO THESE CONTEST TERMS, INCLUDING THE MANDATORY BINDING ARBITRATION OR CLASS ACTION OR JURY WAIVER PROVISIONS, DO NOT PARTICIPATE IN THIS CONTEST.

Eligibility:  To be eligible for the Contest, you must, as of the date of entry, (i) be a legal resident of one of the 50 United States or the District of Columbia, (ii) be at least 18 years of age, and (iii) be a current Link Parks small business customer with no more than 25 employees, and (iv) have at least one year left on the lease agreement. Small business customer employees are those employed by you either as full-time or part-time. Only one submission is eligible for the Contest from each small business customer, irrespective of how many Entries (as defined below) are made. The first Entry from a small business customer will be considered the final Entry.  Link and Link Parks employees, officers, directors, representatives, and agents of Link Parks and all immediate family members (e.g., spouse, parent, sibling, child, and their respective spouses and the “steps” of each, all lineal descendants, including those by adoption, regardless of where they reside) and all persons living in the same household of each, whether or not related, are not eligible to enter or win the Contest. By entering, you agree to be bound by these Contest Terms, the General Terms, and the decisions of Sponsor, which are final and binding in all respects. The Contest is subject to all applicable federal, state, and local laws.  

As part of the verification process, Sponsor reserves the right to verify the accuracy of the information contained in any Entry and to otherwise investigate the eligibility of any entering business submitting an Entry as a current customer of Link Parks. 

“Entrant(s)” means any Link Parks small business customer who meets the eligibility requirements (as defined in the Eligibility section above) and who submits an application (as defined in the How to Enter section below) into the Contest in accordance with these Contest Terms.

How to Enter: To enter, visit linksmallbusinesschallenge.com (“Contest Webpage”) and complete an official entry form answering the questions listed in the application. Entries to the Contest Webpage must be received and uploaded by 11:59:59 PM ET on June 6, 2025, to be eligible. Once the official entry form is completed, submitted, received and uploaded, it is an “Entry”. Entry times will be determined using the Contest Webpage computer, which will be the official clock for the Contest. Normal time rates and/or data rates (as applicable), if any, charged by the Entrant’s internet or mobile service provider will apply. All Entries are subject to verification for compliance with law and these Contest Terms at any time in Sponsor’s sole discretion.

Limit one (1) Entry per Entrant per small business customer during the entry submission period via the Contest Webpage. If multiple Entries are submitted, including from different individuals from a small business customer, only the first Entry received via the Contest Webpage from that Entrant will be considered; all other Entries will be disqualified. 

Entry Specifications: To complete the application form for entry, share details about your business. Each section is subject to a word limit, and any excess will be disregarded. Word limits for each question cannot be combined in aggregate. You shall ensure that your Entry complies with the following requirements and you represent and warrant that your Entry complies with the following requirements: (a) must be original and have been created solely by the Entrant, without the assistance of any third party; (b) must not violate, infringe or misappropriate the rights of any third party, including, but not limited to intellectual property rights (including copyrights and rights in trade secrets and trademarks), or the publicity or privacy rights of any person, living or deceased, or any person’s, entity’s or organization’s personal or proprietary rights; (c) must be in keeping with the Contest and must not be explicit, offensive, obscene, or profane, and must not be derogatory toward any ethnicity, race, gender, sexual orientation, religion, profession, or age group, or promote any activities that may be unsafe or dangerous, as determined by Sponsor, in its sole and absolute discretion; (d) must not be libelous, threatening or harassing; (e) must not contain any viruses, worms, or other interfering computer programming; (f) must not relate to a business for which an Entry has already been submitted; and (g) must not contain any information which you expect Sponsor to keep confidential or to otherwise protect. Sponsor reserves the right, in their sole discretion, to disqualify any Entry that Sponsor determines does not comply with these guidelines, to make such changes to any Entry as are necessary to make it compliant, or to require the Entrant to do so. 

License to Entry: By entering the Contest and providing your Entry in connection with the Contest, you hereby grant and agree to grant to Sponsor a perpetual, irrevocable, sublicenseable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use your Entry, or any portion thereof, for the purpose of evaluating your Entry in connection with the Contest and otherwise administering and conducting the Contest, and in the event your Entry includes any feedback or suggestions regarding the Contest, the Sponsor or its business, products or services, to use such feedback and suggestions for any purpose. Sponsor may also create aggregated and anonymized data derived from Entries and all right, title and interest in and to such data, and all intellectual property rights related thereto, shall solely and exclusively belong to Sponsor and Sponsor may use such data for any purpose. Sponsor will have no obligation to publish or use or retain any Entry you submit or to return or destroy any Entry. You agree to take, at Sponsor’s expense, any further action requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Entry.

By entering this Contest, you consent to being contacted by Sponsor for any purpose including receiving marketing, promotional, and other information.

You agree that it is your sole responsibility to obtain and you shall obtain all licenses, assignments, permissions, consents and releases necessary for the grant of the rights contained in this paragraph and the paragraph below.

License Granted by Finalists: Without limiting the above paragraph, in the event you are a Finalist, without further compensation due to you, you hereby grant and agree to grant Sponsor a perpetual, irrevocable, sublicenseable, royalty-free, worldwide, nonexclusive license, permission and consent to Sponsor’s use, publish, display, modify, reproduce, create derivative works of (such as preparing summaries) any content, company name, trademark, logo, website URL, social media identifier and other indicia of origin, and any individual’s name, likeness and other identifying attributes (such as the individual’s voice, image and biographical information) that are included in your Entry or otherwise captured, recorded or filmed by or provided to Sponsor or its affiliate or their representative or contractor, as part of any photoshoot, interview or other interaction with you in connection with the Contest (including but not limited to at the Event), for the purpose of advertising, marketing, and promoting your Entry, you and your business, this Contest, the Event, and Sponsor and its affiliates, in any medium or forum (including but not limited to Sponsor’s websites and social media pages), both during and after the Contest Period. Upon our request, you shall and shall ensure that your Representative or other representative takes any further action, including but not limited to executing an additional consent and/or the Property Release Form and General Release Form, including to effect, perfect or confirm Sponsor’s rights as set forth above in this paragraph. 

Contest Dates: The Contest begins May 19, 2025, at 12:00 a.m. ET and ends August 20, 2025 at 11:59 p.m. ET (the “Contest Period”). The “Entry Submission Period” begins May 19, 2025 at 12:00:00 a.m. ET and ends June 6, 2025 at 11:59:59 p.m. ET. During the Contest Period, there are a series of events that start and end on or about the dates and times noted below but are subject to modification by Sponsor as set forth on the Contest Webpage.  If there is any conflict regarding timelines with respect to the Contest in these Contest Terms and the Contest Webpage, the Contest Webpage will prevail to the extent of the conflict:

Note: All dates/times are 2025/ET.

Judging Criteria to Determine Finalists: Throughout the Entry Submission Period, all eligible Entries received will be judged by a panel of judges comprised of Link Logistics and Link Parks employees assembled by Sponsor (“Panel”). The Panel will score each eligible Entry, applying a maximum of three points per question, based on the following judging criteria (“Judging Criteria”):

1. Innovation: 
   • How does your business stand out in your industry? 
   • How does your product stand out from those of your competitors? 
2. Customer Experience: 
   • How do you prioritize customer service? 
3. Brand Presence: 
   • What is your unique point of view that sets your brand apart? 
   • How does your digital presence bring it to life? 
4. Storytelling: 
   • How do you share your story so that it resonates with your audience? 
5. Growth Potential: 
   • Is your pitch for how you will use $50,000 clear and inspiring? 

Based on the Panel Scores, the five (5) highest-scoring Entrants or such other number determined by Sponsor will be deemed potential finalists. All Entries are subject to verification of eligibility and compliance with these Contest Terms. The Panel’s decision is final and binding in all matters relating to this Contest. The Panel reserves the right to appoint a tie-breaker in the event of a tie.

Finalists: All potential finalists will be required to complete and sign the following documents and return them via e-mail (and subsequently by mail per instructions to be provided) to Sponsor by the date specified in the email sent to them notifying that they are finalists: (1) an Affidavit of Eligibility and Release; (2) where lawful, a Property Release Form and General Release Form – Photography & Video, (3) a W-9 Form (completed in the name of the business, with the associated business tax id #), (4) Verification of Eligibility (Entrant verification as current Link Parks customer with the requisite lease agreement and number of employees as set forth herein) (5) a Background Check Release Form and (6) any other documentation set forth in the email. 

If an eligible business for an Entry has multiple owners (full or partial), all owners may be required to sign/complete the required documentation as communicated in the email notification. If any documents sent by any means to a potential finalist are returned as undeliverable, or if a potential finalist fails to properly execute and return all documents described herein in the time noted, or if a potential finalist is found not to be eligible or not in compliance with these Contest Terms, that potential finalist may be disqualified at the sole discretion of Sponsor. The next highest-scoring Entrant will move up and be notified as a potential finalist, time permitting. All finalists are considered “potential” pending submission of required documents and verification of eligibility and compliance with these Contest Terms. All five (5) potential finalists may not be determined if Sponsor determines that an insufficient number of eligible Entries is received.

The Contest Webpage and Sponsor’s email to the Finalists will set forth the activities the Finalists must complete. Such activities include:

• PR shoot. In-person participation at a one-day photoshoot at their Link Parks space on a date set by Sponsor in consultation with the Finalist in addition to participation in capturing a brief video filmed by the Finalist with direction by Sponsor (July 2025)
• Pitch via Virtual Event. Prepare and deliver presentation at the virtual Event described in the paragraph below, “Judging to Determine Grand Prize Winner” 
• Additional Information. Providing Sponsor with any additional information to assist Sponsor in preparing press releases, announcements and spotlights on Finalist. 

Failure to complete any of these activities may result in the Finalist being disqualified at the sole discretion of Sponsor. Finalists will be expected to pay all costs and expenses in attending the photoshoot and Event.

Without limiting the Contest Terms set forth herein, all Entrants agree that Sponsor may announce the name of the owner(s), business name, and business address of the finalists in any medium, including online.

Judging to Determine Grand Prize Winner: The finalists selected (each, a “Finalist”) will be required to identify a Representative (Owner or Representative) to attend the live virtual event (“Event”) currently scheduled for the week of August 4, 2025. At the Event, finalists will present their best pitches to executive judging panel (“Executive Panel”) engaged by Sponsor and participate in a brief question and answer session. The Executive Panel will determine the winner in its sole discretion based on the pitches showcasing how they will use the prize to support their small business, applying the Judging Criteria set forth above to the live virtual pitch presentation. In the event of a tie, the Executive Panel reserves the right to select an additional judge as a tie-breaker. The Executive Panel’s determination (including as determined by any tie-breaker, if applicable) is final and binding in all matters relating to this Contest. 

Use Of Information/Non-Confidential Submissions: The Sponsor has no obligation to maintain any information, content or ideas contained in any Entry or communicated at the Event as confidential or proprietary and Entrants should not include or provide information within any Entry or Event which you expect Sponsor to keep confidential or to otherwise protect. 

Prizes: One grand prize of $50,000 will be awarded to the Finalist with the highest score (the “Grand Prize Winner”) to put toward the success of their small business. The Grand Prize winner will be notified at the conclusion of the live event (embargo in place until August 20, 2025. The remaining Runners-up will be notified at the conclusion of the live event (embargo in place until August 20, 2025), and will each receive $10,000 to put toward the success of their small business. All Finalists are considered prize winners (“Prize Winner(s)”). All such monetary prizes will be fulfilled in the form of a check made out in the name of the business. All prize details not specified herein shall be determined solely by Sponsor. Prizes are non-transferable; no substitutions allowed, except at the discretion of Sponsor in which case a prize of equal or greater value will be awarded. Sponsor will issue a Form 1099 to all prize recipients. Federal, state, and local taxes, if any, are the sole responsibility of Grand Prize Winner and Prize Winner(s). 

Prize Winner(s) may elect to decline any part(s) of the prize as offered and set forth in the paragraph above, without any additional compensation. If any part of a prize is declined, it will not be reimbursed nor awarded to another finalist. Sponsor will distribute the monetary prize to the Prize Winner(s) within fifteen (15) days of notifying the Grand Prize Winner. 

LIMITATION OF LIABILITY AND RELEASE: TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, ENTRANT AGREES TO ABIDE BY THESE CONTEST TERMS AND THE DECISIONS OF SPONSOR, AND RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS SPONSOR AND EACH OF ITS RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES (COLLECTIVELY, “RELEASEES“) FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS, DISRUPTION OF BUSINESS, OR ANY LIABILITY OF ANY KIND RESULTING OR ARISING FROM OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE CONTEST, ANY EVENT (SUCH AS ANY PHOTOSHOOT AND THE LIVE VIRTUAL EVENT THAT FINALISTS ARE EXPECTED TO PARTICIPATE IN), THE EXERCISE BY SPONSOR OF ALL RIGHTS, LICENSES AND CONSENTS GRANTED TO IT UNDER THESE CONTEST TERMS, OR ANY AWARDING, POSSESSION, USE AND/OR MISUSE OF ANY PRIZE(S) AWARDED OR BENEFITS ENTRANT DERIVES FROM PARTICIPATING IN THE CONTEST, OR ANY EXERCISE OF ANY OF THE RIGHTS GRANTED BY ENTRANT HEREIN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS AND LIABILITIES (A) RELATING TO ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OR LOSS SUSTAINED BY THE ENTRANT OR ANY OTHER PERSON OR (B) BASED UPON ANY ALLEGATION OF VIOLATION OF THE RIGHT OF PRIVACY OR RIGHT OF PUBLICITY, INFRINGEMENT OF COPYRIGHT OR TRADEMARK, MISAPPROPRIATION OR VIOLATION OF ANY OTHER PERSONAL, INTELLECTUAL OR PROPRIETARY RIGHT, OR ACCEPTANCE OF THE PRIZE THAT MAY BE AWARDED.

ENTRANT AGREES THAT THEY HAVE BEEN MADE AWARE OF, AND UNDERSTANDS, THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” ENTRANT HEREBY WAIVES ANY AND ALL RIGHTS, BENEFITS, AND PROTECTIONS OF SECTION 1542 AND OF ANY OTHER LAW LIMITING THE SCOPE OF A RELEASE.

THE RELEASEES WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, LOSS OF USE, LOSS OF BUSINESS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OF PROFIT ARISING FROM PARTICIPATION IN THE CONTEST OR EVENT(S) OR THE ACCEPTANCE OR USE OF THE PRIZE.

Sponsor reserves the right to change or extend the Entry Submission Period and adjust the remaining dates of the Contest Period for any reason, including if insufficient Entries are received by end of the Entry Submission Period. Sponsor reserves the right to cancel, terminate, modify or suspend the Contest (in whole or in part) if the Contest is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs,” tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest (in whole or in part). The decision of Sponsor to cancel, terminate, modify or suspend the Contest (in whole or in part) shall be final in all respects.

Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Contest.

Entrants who violate these Contest Terms, violate any law, rule or regulation in connection with participation in the Contest, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other Entrant (as determined in Sponsor’s discretion) are subject to disqualification from the Contest. Any attempt by an Entrant or other individual to deliberately damage any website associated with this Contest or undermine the legitimate operation of the Contest may be in violation of criminal and civil law and Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by applicable law. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Sponsor reserves the right to disqualify any Entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Contest Terms will not constitute a waiver of that provision. Any provision of these Contest Terms deemed unenforceable will be enforced to the extent permissible, and the remainder of these Contest Terms will remain in effect. The use of the terms “include” or “including” in these Contest Terms is illustrative and not limiting.

Binding Arbitration: 

Agreement to Arbitrate. The Dispute Resolution by Binding Arbitration section is referred to in these Contest Terms as the “Arbitration Agreement.” To the greatest extent permitted by law, you and Sponsor agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Contest Terms (including any alleged breach thereof), or any aspect of any relationship or transactions between you and Sponsor, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. JAMS will administer the arbitration and will select the arbitrator as described below. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Sponsor on your behalf.

Jury Trial and Class Action Waivers. You and Sponsor agree that, by entering into these Contest Terms, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not by a judge or a jury. 

How to Opt Out. If you do not want to be bound by this Arbitration Agreement, you must notify Sponsor in writing by email to compliance@linklogistics.com within thirty (30) days of the date you first agree to these Contest Terms, stating that you do not want to resolve disputes with Sponsor by arbitration. 

Pre-Arbitration Dispute Resolution Process. Sponsor endeavors to resolve disputes amicably and fairly. If you have concerns, we encourage you to first contact Sponsor at compliance@linklogistics.com. Our support team is available to help and can often resolve any concerns you may have.

If it is not possible to amicably resolve your concerns with Sponsor’s support team, a party intending to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to 277 Park Ave, 46th Floor, New York, NY 10172 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute, and (ii) state the specific relief requested.

You and Sponsor agree to allow sixty (60) calendar days after the Notice is received to try to resolve any dispute through negotiations. During that time, neither party may submit the claim to arbitration. If Sponsor and you do not resolve the claim within sixty (60) days after the Notice is received, Sponsor and you may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or by you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Sponsor or you is entitled.

Arbitration Procedures. Arbitration will be conducted by one neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS and the JAMS Rules, please visit its website, https://www.jamsadr.com. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the General Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Sponsor and you agree otherwise, any arbitration hearings will take place in New York City, New York. If the parties are unable to agree on a location, the determination shall be made by an arbitrator appointed by JAMS. If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely based on written submissions and documents submitted to the arbitrator or whether there also will be a hearing, and you may choose whether any such hearing will be by telephone or video conference or an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules.

At the end of the arbitration, the arbitrator shall issue a reasoned written decision (called an award) sufficient to explain the essential findings and conclusions on which the award is based.

Requirement of Individualized Arbitration and Relief. You and Sponsor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Except for “mass arbitrations” described below, unless both you and Sponsor agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief for that party’s individual claims. Any relief awarded cannot be granted to or affect other users.

Mass Arbitrations. If 25 or more individuals submit similar arbitration claims and are represented by either the same law firm or law firms acting in coordination, you and Sponsor agree that the JAMS Mass Arbitration Procedures and Guidelines will apply. The JAMS Mass Arbitration Procedures and Guidelines are specially designed to facilitate the fair, expeditious, and efficient resolution of mass arbitrations; they are published at https://www.jamsadr.com/mass-arbitration-procedures.

For any mass arbitration, JAMS will appoint a “process administrator” who will determine all preliminary and administrative matters as may be necessary to ensure the orderly and efficient resolution of the claims.  This will include determining, among other things, whether each party has met the applicable filing requirements and conditions precedent to submit their claims to arbitration, and which demands for arbitration should be included as part of the mass arbitration proceeding.

All arbitration demands included as part of the mass arbitration proceeding must be resolved in stages. You agree to this process even though it may delay the arbitration of your claim. In the first stage, claimants’ counsel and Sponsor will each select 25 cases (50 cases total) to be resolved individually by different arbitrators. In the meantime, no other cases may proceed in arbitration, and JAMS must not charge a case management fee or an arbitration appointment fee for those cases.

After this first stage of cases is completed, the parties must engage in a single mediation of all remaining cases, and Sponsor will pay the mediation fee. If the parties cannot how to resolve the remaining cases after mediation, you and Sponsor agree that the process administrator will batch, consolidate, or otherwise group any remaining arbitration demands to the greatest extent possible.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules and the JAMS Arbitration Schedule of Fees and Costs in effect when the arbitration is started, unless otherwise provided in this Arbitration Agreement.  Where the arbitration is part of a mass arbitration subject to the JAMS Mass Arbitration Procedures and Guidelines, the arbitration fees will be as established in the JAMS Mass Arbitration Procedures Fee Schedule.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Small Claims. Despite the Arbitration Agreement, either you or Sponsor may bring an action seeking only individualized (non-class) relief in the small claims court for the county of your billing address, so long as the action is not removed or appealed to a court of general jurisdiction. If either you or Sponsor initiates an arbitration claim that could be presented to the small claims court, the other party may, in its discretion, require that the arbitration demand be withdrawn and that the claim be filed instead in the small claims court for the county of your billing address, so long as the action is not removed or appealed to a court of general jurisdiction. Any dispute about whether a claim falls within any given small claims court’s jurisdiction will be resolved by that small claims court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.

Severability of Arbitration Agreement. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. The remainder of the Contest Terms and General Terms will continue to apply.

For avoidance of doubt, nothing in this Arbitration Agreement shall affect any non-waivable statutory rights that apply to you. To the extent any claim, dispute or controversy covered by the Contest Terms or General Terms isn’t arbitrable under applicable laws or otherwise, you agree such claim or dispute will be resolved exclusively in accordance with the subsection of the General Terms titled “Governing Law” at Section 15.

Future Changes to Arbitration Agreement. Notwithstanding any provision in these Contest Terms to the contrary, Sponsor agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Sponsor written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Contest Terms (or accepted any subsequent changes to these Contest Terms).

Winners List: For the name of the prize winners, available after August 20, 2025, visit linksmallbusinesschallenge.com or email jsuarez@linklogistics.com. 

© 2025 Link Logistics Real Estate LLC. All rights reserved. These Contest Terms may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Link Logistics Real Estate LLC.