THE CURIOSITY LAB 2022 EMPATHY CONTEST OFFICIAL RULES
1. Eligibility: the Curiosity Lab 2022 Empathy Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (including District of Columbia) and Canada who are at least eighteen (18) years old at the time of entry (“Entrants”) and who have legally purchased or obtained an edition of the Empathy Access Card Non-Fungible Token (NFT) . Employees, Partners, Contractors, or Affiliates (“Related Person”) of Curiosity Lab Holdings, LLC, Actually Curious and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such Related Person are not eligible. The Contest is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations and is void where prohibited.
2. Sponsor: Curiosity Lab Holdings, LLC, 500 North Rainbow Avenue Suite 300A, Las Vegas, Nevada 89107, U.S.A. Administrator: Curiosity Lab Holdings, LLC, 500 North Rainbow Avenue Suite 300A, Las Vegas, Nevada 89107, U.S.A.
3. Agreement to Official Rules: Participation in this Contest constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest shall commence at 11:59pm EDT on the seventh (7) business day following the sale of the final edition of the Actually Curious Non-Fungible Token (“NFT”) and shall end at 11:59pm EDT on the seventh (7th) day following the opening of the Contest (the "Contest Period") and consists of one entry per NFT owner.
5. How to Enter: To participate you must meet all of the terms and conditions set forth herein and must have a valid and verifiable email address. Should you choose to submit your entry through a mobile device, please know that message and data rates may apply. Please consult your wireless-service provider regarding its pricing plans.
To submit an entry, take the following steps:
All submissions must be submitted via the following typeform: https://actually-curious.typeform.com/to/b6cVJaFA. By submitting your typeform answer to the question above (referred herein as your “Submission”), you agree that it conforms to the Content Restrictions as defined below and that Sponsor, in its sole discretion, may disqualify you from the Contest if it believes that your Submission fails to conform to the Content Restrictions.
Content Restrictions:
The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and/or likeness in the Submission and to grant the rights set forth below. If requested, Entrant must be able to provide such permissions in a form acceptable to Sponsor.
The Submission must not disparage Sponsor, or any other person or party;
The Submission must not contain brand names or trademarks other than those owned by Sponsor, which Entrant has a limited license to use to incorporate in his/her Submission in this
Contest;The Submission must not contain images or artwork not created by Entrant;
The Submission must not contain material that is inappropriate, indecent, obscene, hateful,
tortious, defamatory, slanderous or libelous;The Submission must not contain material that promotes bigotry, racism, hatred or harm
against any group or individual or promotes discrimination based on race, gender, religion,
nationality, disability, sexual orientation or age; andThe Submission must not contain material that is unlawful, in violation of or contrary to the laws
or regulations in any state where Submission is created.
6. Limit: Each Entrant shall only upload one (1) Submission for the entirety of the Contest. The Submission must be unique to qualify as an entry. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. In the event of a dispute as to any Submission, the authorized account holder of the email account used to register will be deemed to be the Entrant and must comply with these Official Rules. Each Entrant may be required to show proof of being an authorized account holder.
7. Winner Determination: After the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will select one (1) Entrant with the highest-scoring Submission from among all eligible Submissions received during the Contest Period based on the following criteria (“Judging Criteria”) each weighed equally: Creativity; Individuality; and Potential Impact.
In the event of a tie, the Entrant whose Submission received the highest score for Individuality, as determined by the qualified judges, in their sole discretion, will be deemed the applicable Potential Winner.
Sponsor reserves the right to select zero (0) Winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
8. Winner Requirements: Potential Winners will be notified by hello@curiositylab.io by 11:59pm on the sixtieth (60th) day following the end of the Contest. The Potential Winner will be required to provide his/her full name, valid email address, mailing address and birthdate within two (2) days of the date notice is sent through email, in order to claim the prize. If a Potential Winner cannot be contacted, fails to provide any the requested information within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a Potential Winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded.
8. Sponsor's Use of Submissions: For Entrants: providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Entrant will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Submission.
For Winners: Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 10, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
9. Prizes: ONE (1) GRAND PRIZE: A $2,000.00 eGift fulfilled as a digital card. Approximate Retail Value: $2,000 USD or $2,000 CAD (depending on the residency of winner). Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person. Prizes will be fulfilled 8 – 10 weeks after the winner is identified and properly accepts the prize by providing any and all information herein required.
10. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, Instagram, LLC, Administrator and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
11. Publicity: Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, (and or province) likeness, photo (including Social Account profile photo), Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
14. Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts of the State of Nevada, United States; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant 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 Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada. For Residents of Quebec Only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement
15. Winner List: The winner will be announced by Sponsor after winner confirmation is complete and in a manner of the Sponsor’s choosing.
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