LYNCH X INTERPOL FAN-GENERATED NFT COLLECTIBLE ARTWORK SUBMISSION OFFICIAL TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED.
HiFi Labs Inc. (“HiFi Labs”) invites you (“you” or “participant”) to create and submit your original artwork (individually a “Submission” and collectively “Submissions”) to the Lynch x Interpol fan-generated NFT artwork request for submission (“Promotion” or “Request for Submissions”) via the Promotion website located at www.lynchxinterpol.tv(“Promotion Website”).
1. Submission Period.
The period during which HiFi Labs will accept Submissions will commence on Tuesday, October 26, 2021 at 8:00 am Pacific Time and end on Sunday, November 7, 2021 at 11:59 pm Pacific Time. (“Submission Period”).
HiFi Labs Inc, 595 Pacific Ave. 4th Floor, San Francisco, CA 94133
The Promotion is open to individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction of legal residence (whichever is older as of the date of entry).
4. How to Submit.
To create a Submission, follow the instructions located at the Promotion Website.
5. Content Requirements.
Submissions must not contain any obscene, explicit sexual material, nudity, profanity, commercial solicitations or commercial promotion. Submissions also must not contain content or images that could be considered abusive, inflammatory, denigrating, and disrespectful to groups, individuals or institutions. Each participant warrants and represents that his/her Submission is his/her original work that is not been previously published in any manner, that has not been offered to any third party, that it does not infringe upon the copyrights, trademarks, rights of publicity or privacy, or any other intellectual rights of any person or entity, and that the participant is not relying on the “fair use” doctrine in lieu of consents. Each participant warrants that he or she has obtained permission from any person whose name, likeness or voice is used in the Submission and that submission to HiFi Labs or the use of Submission by HiFi Labs will not infringe on any third-party rights. Each participant warrants that their Submission is free from any malware, worms, viruses, Trojan horses, or any other destructive elements.
To the maximum extent permitted by law, each participant agrees to defend, indemnify and hold harmless HiFi Labs and its officers, directors, agents, affiliates, employees, other representatives, promotional partners and successors of each of the foregoing from and against any and all liability, claims demands, losses, damages, costs and expenses (including reasonable attorneys’ fees) resulting from any act, default or omission of the participant and/or any breach by such participant of any obligation, agreement, warranty or representation set forth herein.
Each participant shall retain all ownership rights in his or her submission.
8. License and Publicity.
If a Submission is accepted for use by HiFi Labs, the applicable participant hereby grants HiFi Labs a perpetual, transferable, and non-exclusive license to use and exploit their Submission, in whole or in part, in any medium now known or later developed. Participants further grant HiFi Labs the perpetual right and permission to print, publish, broadcast, and use, world-wide in any media now known or later developed, such participant’s name, portrait, picture, voice, likeness, biographical information, and Submission (including all content included in the participant’s Submission) for any purpose without notification.
9. Number of Submissions selected/no selection.
While there is no limit to the number of Submissions that HiFi Labs may select for use, HiFi Labs may determine at its option that no Submissions satisfy its criteria and standards. This is not a contest. HiFi Labs is requesting Submissions and may decide to publish one (or more) Submissions, in whole or in part, in conjunction with other Submissions.
10. GENERAL CONDITIONS; LIMITATIONS OF LIABILITY AND RELEASES:
WARNING: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY TAMPER WITH OR DAMAGE ANY WEBSITE ASSOCIATED WITH THIS REQUEST FOR SUBMISSIONS OR UNDERMINE ITS LEGITIMATE OPERATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, HIFI LABS RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
HiFi Labs reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the submission process and/or the Promotion Website, and/or their legitimate operation; to violate these Terms and Conditions; or to act in a disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
HiFi Labs and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by participants, errors or by any of the equipment or programming associated with or utilized in the Request for Submissions; (2) lost, late, incomplete, damaged, stolen, misdirected, or illegible submissions; (3) lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer and/or telephone equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; (3) unauthorized human intervention in any part of the submission process; (4) technical or human error which may occur in the administration of the Request for Submissions or the processing of submissions; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a participant's participation in the Request for Submissions. If, for any reason, the Request for Submissions is not capable of running as planned, HiFi Labs may, in its sole discretion, (a) modify the Request for Submissions or suspend the Request for Submissions to address the impairment and then resume in a manner that best conforms to the spirit of these Terms and Conditions; and/or (b) terminate the Request for Submissions. HiFi Labs failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. Participants acknowledge and agree that this Request for Submissions is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram or Twitter.
BY MAKING A SUBMISSION, EACH PARTICIPANT AGREES THAT FACEBOOK, INSTAGRAM OR TWITTER, HIFI LABS AND ITS AGENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTCIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THE REQUEST FOR SUBMISSIONS OR IN ANY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE REQUEST FOR SUBMISSIONS IS TERMINATED OR THE TERMS AND CONDITIONS CANNOT BE FULFILLED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS REQUEST FOR SUBMISSIONS, EACH PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PROMOTION WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Nature of relationship/waiver of equitable relief.
Each participant understands and acknowledges that HiFi Labs has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each participant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of HiFi Labs’ use of any such similar or identical material. Each participant acknowledges and agrees that the HiFi Labs does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to a Submission. Finally, each participant acknowledges that, with respect to any claim by a participant relating to or arising out of HiFi Labs actual or alleged exploitation or use of any Submission or other material submitted in connection with the Request for Submissions, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the participant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
12. Choice of Law and forum.
Except where prohibited, participants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with Request for Submissions shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the Superior Court of California in the County of San Francisco; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with this Request for Submissions, but in no event attorneys’ fees; and (3) under no circumstances will participants be permitted to obtain awards for, and each participant 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 regarding this Agreement between HiFi Labs and each participant, or the rights and obligations of a participant and HiFi Labs in connection with the Request for Submissions, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Questions regarding this Promotion should be sent to [email protected] or mailed to HiFi Labs Inc at 595 Pacific Ave. 4th Floor, San Francisco, CA 94133.
You are not eligible to submit a Submission unless you agree to these Terms and Conditions. Furthermore, by submitting Submission, you agree and understand that these Terms and Conditions form a binding legal agreement between you and HiFi Labs with respect to the Request for Submissions.