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Hope for Haiti x 8th Wall Challenge (Global/Virtual)

Dated: October 2 2023

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.

VOID WHERE PROHIBITED. RESIDENTS OF THE FOLLOWING COUNTRIES ARE EXCLUDED FROM PARTICIPATION; THE BALKANS, BELARUS, BRAZIL, BURMA, CHINA, COTE D'IVOIRE (IVORY COAST), CRIMEA, CUBA, DEMOCRATIC REPUBLIC OF CONGO, IRAN, IRAQ, ITALY, LIBERIA, NORTH KOREA, PAKISTAN, QUEBEC, RUSSIA, SPAIN, SUDAN, SYRIA, TURKEY, ZIMBABWE, AND ANY COUNTRY, STATE, PROVINCE OR TERRITORY WHERE THE LAWS OF THE UNITED STATES OR LOCAL LAW PROHIBITS PARTICIPATING OR RECEIVING A PRIZE IN THE CONTEST. 

ENTRY IN THIS CONTEST CONSTITUTES ENTRANT ACCEPTANCE OF THESE OFFICIAL RULES. The Hope for Haiti x 8th Wall Challenge (the “Contest”) is a skill contest; chance will play no part in determining the winners of the Contest. The Entries (defined below) will be evaluated by Judges who will determine the winning entrants in accordance with these Rules. The prizes will be awarded to qualifying entrants in Sponsor’s sole discretion. See below for the complete details. This Contest is in no way sponsored, endorsed, administered by, or associated with any third party.

1. BINDING AGREEMENT: In order to enter the Contest, you must agree to these 8th Wall Challenge Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. By submitting an Entry in the Contest, entrants agree to these Rules and 8th Wall’s Terms & Conditions (“Terms”) at https://www.8thwall.com/terms. Entrants may not submit an Entry to the Contest and are not eligible to receive any prize described in these Rules unless they agree to these Rules. These Rules form a binding legal agreement between entrants and Sponsor with respect to the Contest.

2. ELIGIBILITY: To be eligible to enter the Contest, you must: 

(1) be at least the age of majority in your country, state, province, or jurisdiction of residence (and at least twenty (20) years old in Taiwan) at the time of entry; 

(2) not be a resident any of the following countries; the Balkans, Belarus, Brazil, Burma, China, Cote D'ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Italy, Liberia, North Korea, Pakistan, Quebec, Russia, Spain, Sudan, Syria, Turkey, Zimbabwe or any country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize in the Contest; 

(3) not be a person or entity under U.S. export controls or sanctions; and

(4) have access to the Internet as of October 2, 2023.

Entrants agree that if selected as a winner they will provide any additional necessary information or consents necessary to confirm eligibility as a winner. Failure to provide additional information or consents will be grounds for disqualification, unless prohibited under applicable law. Contest is void in the Balkans, Belarus, Brazil, Burma, China, Cote D'ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Italy, Liberia, North Korea, Pakistan, Quebec, Russia, Spain, Sudan, Syria, Turkey, Zimbabwe and where prohibited by law. Employees, interns, contractors, and official office-holders of Sponsor, its respective subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, interns, contractors, officers, and directors are ineligible to participate in this Contest. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.

3. SPONSOR: The Contest is sponsored by 8th Wall LLC, a subsidiary of Niantic, Inc. (“Sponsor”), with offices at One Ferry Building, Suite 200, San Francisco, CA 94111, USA.

4. CONTEST PERIOD: The Contest begins at 12:00 am Pacific Time (PT) Zone in the United States on October 2, 2023 and ends at 11:59:59 P.M. PT on November 6, 2023 (“Contest Period”). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.

5. HOW TO ENTER: 

1. During the Contest Period, using your Free Trial, Starter, Plus, Pro or Enterprise 8th Wall Account, design an 8th Wall experience using any of the WebAR features available. The experience must include a link to Hope for Haiti’s donation page, [https://give.hopeforhaiti.com/give/518482/#!/donation/checkout]. Hope for Haiti is a charity registered in the United States, address 1021 5th Ave N. · Naples, FL 34102, with a mission to do  To improve the quality of life for the Haitian people, particularly women and children. (“Sponsor charity” or “Hope for Haiti”).. 

1. At a minimum, record a one (1) minute or less demo video (YouTube or Vimeo link) introducing what your 8th Wall experience can do and upload to the challenge submission page.  In addition, include a link to your public 8th Wall Featured Page of your experience.
2. Submit the entry (“Entry”) on the official Contest  itch.io jam submission page located at https://itch.io/jam/8thwallxhopeforhaiti. 

Entrants may submit an Entry individually or with other Entrants in a team, but please note that each Entry is only eligible for a single prize. Maximum 4 individuals per team. Up to 3 entries per person are allowed.

All Entries must be received by 11:59 P.M. PT on November 6, 2023 and any subsequently received entries will be disqualified. Entries are void if they are in whole or part incomplete (e.g. do not contain the required information), altered, counterfeit, obtained through fraud, late or otherwise do not comply with the Rules. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void.

6. ENTRY REQUIREMENTS: Each entry must also meet the following criteria:

(a) They must not be derogatory, offensive, threatening, defamatory, disparaging, libelous, or contain any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.

(b) They must not contain content, material, or any element that is unlawful, or otherwise in violation of or contrary to any applicable federal, state, provincial or local laws and regulations in any state, province or other jurisdiction where Entry is created.

(c) They must not contain any content (excluding Sponsor’s content and any Sponsor charity partner content as required herein), material or element that displays any third party advertising, slogan, logo, trademark, or indicates a sponsorship or endorsement by a third party or commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.

(d) They must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material, software or element that is owned by or subject to any rights or licenses of a third party or entity, other than Sponsor’s content and/or materials as required herein, except as expressly approved by Sponsor.

(e) They cannot contain any content, element or material that violates a third party’s publicity, privacy or intellectual property rights, other than Sponsor’s and any Sponsor charity partner content and/or material as required herein.

(f) They cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promote any activities that may appear unsafe or dangerous; or promote any particular political agenda or message.

(g) They must clearly indicate that donations are optional, and not imply (directly or indirectly) that either the Entrant or the Sponsor will be making any donation to the Sponsor charity as a result of the use of the experience.

The entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry or video contain any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the application or videos, any and all releases and consents necessary to permit the use and exhibition of the application or videos by Sponsor in the manner set forth in these Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render such Entry null and void. By submitting an Entry, entrant warrants and represents that he/she consents to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

By submitting an Entry, entrant hereby grants permission for the Entry and video to be posted on any websites owned or controlled by Sponsor, any social media channels of Sponsor (including but not limited to, Facebook, Twitter, LinkedIn and Instagram) or other websites. Entrant agrees that Sponsor is not responsible for any unauthorized use of Entries by third parties. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance. Sponsor does not guarantee the posting of any Entry.

7. JUDGING: All eligible Entries will be judged by a panel of experts (“Judges”) based on the following equally-weighted criteria: (i) Storytelling; (ii) 8th Wall; (iii) Innovation; (iv) Completeness (the “Judging Criteria”). Prizes will be awarded in the following categories: 

8th Wall x Hope for Haiti Grand Prize will be awarded to the Entry with the best overall submission covering the criteria of Storytelling, best use of  8th wall, Hope for Haiti’s mission, and completeness.

Hope for Haiti Mission Prize will be awarded to the Entry with the best use of Hope for Haiti assets and catered to the campaign issue of the new healthcare campus.

Best Original Storytelling Prize will be awarded to the Entry with an AR experience that best tells a seamless story from opening to the donation page. Most Aspirational WebAR Experience prize  will be awarded to the Entry that uses more than one 8th Wall feature well. Community Favorite Prize will be awarded to the Entry with the best overall score voted by the online community on itch.io.

Honorable Mention Prize Category will be awarded to the next 3 Entries with the best overall submission covering the criteria of Storytelling, 8th Wall, Hope for Haiti’s  mission, and completeness.

If there is a tie, the tied entries will be re-judged by a different panel of qualified judges as determined by the Sponsor. In the event a potential winner is disqualified for any reason, the entry that received the next highest total score will be chosen as the potential winner. Entrants acknowledge that judging of this kind is by its nature subjective.

On or about November 10, 2023, all potential winners will be notified via email. If one of those potential winners does not respond to the notification attempt within fourteen (14) days from the notification attempt, then such potential winner may be disqualified and an alternate potential winner may be selected from among all eligible entrants based on the judging criteria described herein. Each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information, such as that referenced in section 9 below, that may be required by Sponsor. Potential winners must return all such required documents within five (5) days following attempted notification or such potential winner may be deemed to have forfeited the prize and another potential winner may be selected based on the judging criteria described herein. All notification requirements, as well as other requirements within these Rules, may be strictly enforced. Determinations of judges are final and binding. 

Judges may be employees of Sponsor or external, may or may not be listed individually on the Contest website, and may change before or during the Contest Period. Judging will take place at the discretion of Sponsor. 

8. PRIZES: The Sponsor will award the following ‘Prizes’ to the winning Entry in each Category:

8th Wall x Hope for Haiti  Grand Prize to consist of:

(i) $5000 cash, to be awarded to an individual or split equally across the team if the winning Entry was submitted by a team; (ii) winning Entry will be showcased in a dedicated blog post at www.8thwall.com/blog and across Niantic 8th Wall social properties; (iii) an exclusive meeting for the winner(s) with our dev rel team and engineering team, to take place virtually. Approximate Retail Value (“ARV”) of the Prize is: $6000. 

Hope for Haiti Mission Prize to consist of:

(i) $2,000 cash, to be awarded to an individual or split equally across the team if the winning Entry was submitted by a team (ii) winning Entry will be showcased in a dedicated blog post at www.8thwall.com/blog and across Niantic 8th Wall social properties. ARV of this Prize is: $2,500; 

Best Original Storytelling Prize to consist of:

(i) $2,000 cash, to be awarded to an individual or split equally across the team if the winning Entry was submitted by a team. (ii) winning Entry will be showcased in a dedicated blog post at www.8thwall.com/blog and across Niantic 8th Wall social properties. ARV of this Prize is $2,500; 

Most Aspirational Prize to consist of:

(i) $2,000 cash, to be awarded to an individual or split equally across the team if the winning Entry was submitted by a team. (ii) winning Entry will be showcased in a dedicated blog post at www.8thwall.com/blog and across Niantic 8th Wall social properties. ARV of this Prize is $2,500;

Community Favorite Prize to consist of:

(i) $1000 cash, to be awarded to an individual or split equally across the team if the winning Entry was submitted by a team.

Honorable Mention Category, 3 prizes to consists of:

(i) $1000 cash, to be awarded to an individual or split equally across the team if the winning Entry was submitted by a team.

No transfer, substitution, or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Contest Entities have not made and are not making, and Contest Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, or regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.

In the event that no entries are received, no prizes will be awarded. Subject to the above provisions regarding prize substitutions, if there are at least four (4) submissions in compliance with these Rules, all prizes will be awarded

9. TAXES: RECEIPT OF PRIZES TO POTENTIAL WINNERS/WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. THIS MAY REQUIRE THE SUBMISSION OF WINNER SOCIAL SECURITY NUMBERS FOR TAX REPORTING PURPOSES. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS, REGARDLESS OF WHETHER TAXES HAVE BEEN SO WITHHELD. In order to receive a prize, potential winners may be required to submit the tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winners are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.

10. GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Sponsor reserves the right to disqualify any entrant from the Contest if, in Sponsor’s sole discretion, it believes that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, viewers, Sponsor or the Judges.

11. INTELLECTUAL PROPERTY RIGHTS: As between Sponsor and the entrant, the entrant retains ownership of all intellectual and industrial property rights (including moral rights) in the contents of their Entry (with the exception of Sponsor’s technology and platforms, which will remain the sole property of Sponsor or its licensors). As a condition of entry, entrants hereby provide a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to Sponsor to use the Entries, developed intellectual property and technology, and all other materials resulting from or related to the Contest in any and all media throughout the world for any purpose, including, but not limited to, allowing the Judges to evaluate the entries for purposes of the Contest, promoting the Contest and future versions of the Contest and Sponsor’s marketing. Entrants are responsible for securing proper intellectual property protections. Sponsor will not assume ownership responsibility. Entrants are responsible for ensuring they are not infringing on the intellectual property rights of another individual or entity. 

12. PRIVACY: Entrant acknowledges and agrees that Sponsor may collect, store, share and otherwise use any personally identifiable information provided to Sponsor throughout the Contest, including, but not limited to, name, mailing address, phone number and email address. Entrant information will not be shared with other individuals or companies without an Entrant’s express consent. Failure to provide all necessary personal information may result in Entrant’s participation in the Contest being deemed ineligible. Entrant information will not be shared with other individuals or companies without an Entrant’s express consent. Sponsor will use this information in accordance with its Privacy Policy located at https://www.8thwall.com/privacy, including without limitation for administering the Contest and verifying an Entrant’s identity, age, postal address, email address, and telephone number in the event an entry qualifies for a prize and for marketing purposes as permitted by law. Entrants agree that their personal information will be stored and processed by Sponsor in the United States. Entrant personal information may also be transferred to countries outside of their jurisdiction of residence, including the United States. Such other countries may not have privacy laws and regulations that provide the same level of protection to those that exist in your jurisdiction of residence. By providing personal information in connection with the Contest, Entrants hereby expressly consent to such transfers of their personal information to the United States or other countries. Entrant has the right to request access, review, rectification or deletion of any personal data held by Sponsor in connection with the Contest by writing to Sponsor at this email address:  support@8thwall.com.

14. PUBLICITY: By accepting a prize, Entrant agrees to Sponsor and its agencies use of his or her name and/or likeness, and contents Entry, for advertising and promotional purposes of the Contest without additional compensation, unless prohibited by law. As described in Section 7, Entrants may be asked to complete a publicity release.

15. WARRANTY AND INDEMNITY: To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any obligation, representation or warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all injuries, losses, liabilities, damages of any kind to persons or property, including death, costs and expenses (including reasonable attorney’s fees) arising out of or accruing in whole or in part, directly or indirectly from entrant’s participation in the Contest or any Contest-related activity or (a) any Entry or other material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the entrant in connection with the Contest; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing or retention of Entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.

16. ELIMINATION: Non-compliance with these Rules and/or any false or incorrect information provided within the context of the Contest by any entrant concerning identity, age, mailing address, telephone number, email address, ownership of right, or the like, may result in the immediate elimination of the entrant from the Contest. 

17. INTERNET AND OTHER TECHNICAL ISSUES: Contest Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable or destroyed Entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate.

18. RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the Contest is not capable of running as Sponsor intended, including lack of sufficient or high quality Entries, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Contest and if terminated, Sponsor may elect not to select any potential winners or to determine the potential winners for the Contest from among all eligible entrants received prior to action taken using the judging criteria specified above. Sponsor further reserves the right to disqualify any entrant who violates these Rules or tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an entrant to deliberately damage any website, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek any and all remedies available from any such entrant to the fullest extent of the applicable law.

19. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall a submission into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Sponsor, or the Contest Entities. Entrants acknowledge that Entries have been submitted voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency, or other relationship, or implied-in-fact contract now exists between entrant and Sponsor or the Contest Entities and that no such relationship is established by entrant’s submission of an Entry under these Rules.

20. LIMITATION OF LIABILITY: Entrant hereby releases Sponsor from any and all liability in connection with the prizes or entrant’s participation in the Contest and further acknowledges Sponsor is not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, leaked, misdirected, incomplete, or illegible garbled entries, or Entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Contest or the processing of Entries; or (f) any injuries, damages, or other losses related to testing or playing the Entries, using Sponsor technology, or as otherwise related to this Contest. Entrants agree that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Contest (but not the development of the Entry) but in no event attorneys’ fees; and entrants waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, GROSS NEGLIGENCE, OR INTENTIONAL ACTS  SO THE ABOVE MAY NOT APPLY TO YOU.

21. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: To the extent permitted by law, these Rules shall be governed by, subject to and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all entrants expressly waive any and all such rights.

22. DISPUTES AND TERMS: By entering the Contest, entrant agrees that all disputes between entrant and Sponsor of whatsoever kind or nature arising out of these Rules, shall be subject to Sponsor’s Terms & Conditions (“Terms”) available at https://www.8thwall.com/terms. Entrant accepts and agrees to abide by the Terms as a condition of participation. 

23. WINNERS’ LIST: You may request a list of winners after November 14, 2023 by emailing cphengdy@nia-ops.com with the subject being 8th Wall Developer Challenge Winners no later than December 14, 2023.