AR-CADE Terms and Conditions

Loak x Lightship AR-CADE Challenge Terms & Conditions

Dated: April 23rd, 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; AMERICAN SAMOA, ANGUILLA, DOMINICA, FIJI, GUAM, PALAU, PANAMA,
SAMOA, TRINIDAD AND TOBAGO, US VIRGIN ISLANDS, VANUATU, SEYCHELLES, QUEBEC (CA),
CHINA, CRIMEA, CUBA, SUDAN, IRAN, NORTH KOREA, RUSSIA, CRIMEA, DONETSK, AND
LUHANSK REGIONS OF UKRAINE, SYRIAAND 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 Loak x Lightship AR-CADE Challenge Contest (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 and Contest Organizer’s sole discretion. See below for the complete
details.

§ 1.
GENERAL PROVISIONS

1. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Loak x Lightship AR-
CADE Challenge Contest Terms & Conditions (“Terms”). Therefore, please read these Terms prior to

entry to ensure you understand and agree. By submitting an Entry in the Contest, Entrants agree to
these Terms and Niantic’s Developer Platform Terms of Service and License Agreement (“Terms of
Service”) at https://niantic.dev/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 Terms. These Terms
form a binding legal agreement between Entrants and Organizer 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; American Samoa, Anguilla, Dominica, Fiji, Guam,
Palau, Panama, Samoa, Trinidad and Tobago, US Virgin Islands, Vanuatu, Seychelles, Quebec (CA),

China, Crimea, Cuba, Sudan, Iran, North Korea, Russia, Crimea, Donetsk, and Luhansk regions of
Ukraine and Syria or located in a jurisdiction subject to comprehensive trade sanctions administered by
U.S. Dept. of Treasury’s Office of Foreign Assets Control, or where the laws of the USA or local law
prohibit participation or receiving a prize in any contest, (3) are not the target of any sanctions, including
any person on the List of Specially Designated Nationals and Blocked Persons, the Foreign Sanctions
Evaders List, and the Sectoral Sanctions Identifications List administered by the U.S. Department of the
Treasury’s Office of Foreign Assets Control, the EU Consolidated Financial Sanctions List administered
by the European Union, the Consolidated List of Financial Sanctions Targets in the United Kingdom
administered by Her Majesty’s Treasury, and the United Nations Security Council Asset Freeze List; or (4)
owned or controlled (as defined by the relevant sanctions law) by any such person described in clause
(1), (2) or (3), as a result of which such owned or controlled person is subject to the same prohibitions or
restrictions as the person described in clause (1), (2) or (3).
(5) not be a person or entity under U.S. export controls or sanctions;
(6) must not be employed by a competitor of Organizer or Sponsor, as determined at both Organizer’s
and Sponsor’s sole discretion;
(7) and not have any contractual or other arrangements that, in Organizer’s and Sponsor’s sole
discretion, would prohibit entrant from fully participating in the Contest and/or entering into any contracts
required by Sponsor;
Employees, interns, contractors, and official office-holders of Organizer and Sponsor, their 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.
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.

3. CONTEST ORGANIZER: The Contest is organized, distributed and managed Loak, Inc. (the
“Organizer” or “We”) with offices at 2150 Shattuck Ave, Berkeley, CA 94704, USA

4. SPONSOR: The Contest is sponsored by Niantic, Inc. (“Sponsor”), with offices at One Ferry Building,
Suite 200, San Francisco, CA 94111, USA.
5. CONTEST SUBMISSION PERIOD: The Contest begins at 12:00:00 P.M. Pacific Daylight Time (PDT)
Zone in San Francisco, CA on April 24th, 2023 and ends at 11:59:59 P.M. PDT on May 19th, 2023

(“Submission Period”). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING
TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
The Organizer reserves the right to extend the duration of the Contest in its sole discretion and especially
in the event of unforeseen circumstances outside its control. Any changes to Submission Period will be
posted on the Contest Landing Page at: https://loak.co/ar-cade
§ 2.
DEFINITIONS

Any capitalized words and terms used in this Terms & Conditions shall have the following meanings:
a) Entrant – a natural person of legal age of majority in their country of residence, but in any event not
younger than 18 years of age participating in the Contest;
b) Entry – the task for the Entrant consists of developing an AR Experience using Niantic Lightship
software and submitting a proof of work in the form of a video and codebase.
c) Organizer – Loak, Inc. organizing, distributing, managing, and providing prizes for this Contest;
d) Sponsor – Niantic, Inc. providing the software necessary for participating in the Contest;
e) Brief – description of the task, theme and terms of the Contest published on loak.co website;
f) Team Leader – the individual responsible for submitting the Entry on behalf of the Developer Team and
in case of winning redistributing the prize to other team members;
g) Awardee – the individual who wins one of the prizes provided in this Contest;
h) Awardee Agreement – the agreement from the Organizer which the Awardee is obliged to complete
and send back in a form a scan to the indicated email address of the Organizer within 7 days from it being
sent.

§ 3.

CONDITIONS OF PARTICIPATION

1. HOW TO ENTER: An entrant that meets the requirements outlined herein must do the following to
enter the Contest:
(i) Upload your codebase for an AR experience that uses Lightship ARDK to a GitHub repository.
Follow the Loak README guidelines.
(ii) Add LoakSubmissions as a collaborator to the GitHub repository.
(iii) Entrants may submit multiple Entries, but note that each Entry is only eligible to receive one Prize.
All Entries must be received by 11:59 P.M. PDT on May 19th, 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. Entrants can utilize templates with ready-to-use code to participate in this Contest.

For an Entry to be considered for any of the prizes, it has to coincide with both the theme and criteria
further described in the Brief on the Organizer’s website at: https://loak.co/ar-cade
2. DEVELOPER TEAM: If more than one natural person takes part in the Contest submitting one AR
Experience, all members of the Developer Team agree that:
a) the individual who submits an AR Experience on behalf of the Developer Team will be designated the
leader of such team (the “Team Leader”);
b) the Team Leader is solely responsible for distributing any proceeds resulting from being selected as an
Awardee to the other individuals in the Developer Team.

§ 4.
ENTRIES

1. ENTRY REQUIREMENTS: Each Entry must 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 Organizer’s and Sponsor’s 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 Organizer, 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 Organizer’s or Sponsor’s content and/or materials as required herein, except as
expressly approved by Organizer.
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 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; or instigate or encourage others to commit illegal activities or cause injury or
property damage to any person or entity.
g) Submitted demo videos must be public posts and must comply with YouTube’s or Vimeo’s (as applicable)
Terms of Use.
h) All content submitted as an Entry must not include any material that contains software viruses, worms,
or any other computer code, files or program designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
i) Entries must not be made and submitted to impersonate any person or entity, including but not limited to
an employee of Organizer, Sponsor and their affiliated companies; or falsely state or misrepresent
yourself, your age or your affiliation with a person or entity.

The Entry and/or video 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 Terms & Conditions, including, without limitation, name and
likeness permissions from any person who appears in or is identifiable in the Entry. Organizer reserves
the right to request proof of these permissions in a form acceptable to Organizer 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/or video to be uploaded and/or
posted on the Organizer’s mobile application (“Loak”), any websites owned or controlled by both Organizer
and Sponsor, any social media channels of Organizer or Sponsor (including but not limited to, Facebook,
Twitter, LinkedIn and Instagram), or other websites.
Entrant agrees that Organizer and Sponsor are 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 both Organizer
Sponsor in each instance. Organizer does not guarantee the posting of any Entry.

§ 5.

SUBMISSION OF ENTRIES

1. In order to participate in this Contest, you must create your Entry ensuring that the requirements

specified in this Terms & Conditions and the Brief on the Organizer’s website at: https://loak.co/ar-
cade are followed and submit it by adding LoakSubmissions as a GitHub collaborator to the code

repository of the submitted AR experience.
2. Entrants will receive confirmation of Entry’s application to the Contest within 7 days of filling in the
form; This confirmation does not evaluate eligibility of the Entry to be considered for the prize, but only
acknowledges the Entry being submitted correctly.
3. One Entrant or Developer Team may submit up to 30 Entries.
4. The Organizer allows, subject to the Submission Period deadlines, the possibility of changing the Entry
that has already been submitted. For this purpose, the Entrant must once again go through the procedure
described in point 1 above using the same personal information and project name as the original Entry.
This is on the understanding that the new Entry will replace the original Entry, and the original Entry will
be disqualified, as the last submitted Entry with the same name will be the one to take part in the Contest.
5. The Organizer reserves the right to disqualify any Entrant or Entry that does not comply with these
Terms & Conditions in its sole discretion. Organizer is not obligated to notify you if your Entry has been
disqualified.
6. The Organizer reserves the right to remove inappropriate, offensive and harmful Entries as well as
projects that do not fit the Brief.
7. Entrant agrees that participation in this Contest and agreement to these Terms & Conditions will not
violate any agreement to which (s)he is a signatory or party and that no such agreement otherwise limits
Entrants’ ability to participate in this Contest or grant the rights granted herein.

§ 6.

SELECTION OF AWARDEES

1. JUDGING: All eligible Entries will be judged by a panel of experts (“Judges”) based on the following
equally- weighted criteria (the “Judging Criteria”):
a) 25%: Originality and innovation;
b) 25%: Fun and engaging gameplay;
c) 25%: Creativity using the Lightship ARDK;
d) 25%: The quality and reliability of the software.

The Judges will pre-judge the Entries based on videos provided by the Entrants and then proceed to
review the actual code of Entries from the finalists. The Judges will run the finalists’ Entries submitted and
test them.
All Judges’ decisions are final and binding in all matters relating to this Contest. Each Entrant
acknowledges that other Entrants may have created ideas, concepts or assets contained in their Entry
that may have familiarities or similarities to your Entry (including, without limitation, a similar Entry), and
that Entrant will not be entitled to any compensation or right to negotiate with the Contest Parties because
of these familiarities or similarities.

The one (1) Entry which receives the highest score from the Judges will be awarded the Grand Prize.
Three (3) Entries, best in each of categories described in article 3 point 1 of this document will receive a
secondary prize. All eligible Entries that are deemed by Judges as containing full runnable code will be
eligible for an Entry Prize.
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. Organizer reserves the right not to award all prizes or to choose fewer than the stated
prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. An
entry may only receive one Prize - for example, a Category Prize winner will not also be eligible to
receive the Grand Prize. Prize awards are subject to verification of eligibility and compliance with these
Terms & Conditions.
2. NOTIFYING THE AWARDEES: On or about June 2nd, 2023, all potential Grand Prize and Category
Prize winners will be notified via the email addresses submitted during entry. If one of those potential
winners does not respond to the notification attempt within five (5) business 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 of a Grand Prize or Category Prize must sign and return any applicable documents sent by
Organizer related to the Contest, which may include, but not be limited to, an Awardee Agreement, a
Declaration of Eligibility, Confidentiality Agreement, and a Liability and Publicity Release and provide any
additional information that may be required by Organizer. Potential winners must return all such required
documents within seven (7) 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 Terms & Conditions, may be strictly enforced. Determinations of judges are
final and binding.
Organizer informs that all communication with Awardees will be done through his/her email address given
during the registration and submission process via the submission form on the Loak website.
Organizer reserves the right to modify the notification procedures and applicable deadlines for responding
in connection with the selection of any alternate potential Awardee, if any. If an Award is legitimately
claimed, it will be awarded.

3. JUDGES: Judges may be employees of Organizer and 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 Organizer.

4. PRIZES: One Grand Prize and three (3) Category Prizes are available.
Grand Prize
One Grand Prize consists of: (i) $2,000 cash; Approximate Retail Value (“ARV”) of the Grand Prize is:
$2,000.
Category Prizes
Three Category Prizes each consist of: (i) $500 cash; ARV of each Category Prize is $500.

For the avoidance of doubt, the entirety of the Contest will be conducted in the English language. All
materials submitted in connection with the Contest must be in English or, if not in English, the entrant
must provide an English translation of the demonstration, video, text description, and testing instructions
as well as all other materials submitted. The Contest and all related activities, winners, and all other
features may be filmed, photographed, recorded and/or broadcast (together “Recordings”) and such
Recordings may be edited, altered, mixed, cut, used or re-used at Organizer’s sole discretion. Winners
are solely responsible for any and all expenses not expressly stated in the prize description herein.

Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by the Organizer.
No transfer, substitution, or equivalent for prizes is allowed, except at Organizer’s sole discretion.
Organizer reserves the right to substitute a prize, in whole or in part, of equal or greater 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 or insufficient entries
are received, no prizes will be awarded. Subject to the above provisions regarding prize substitutions, if
there are at least twenty (20) submissions in compliance with these Terms & Conditions, all prizes will be
awarded. All prize details that are not expressly specified in these Terms will be determined by the
Organizer, as applicable, in its discretion.
The Award will be delivered to the Awardee within 60 days from the date of Winners Announcement,
provided that the formalities referred to in section 2. above will be completed by the Awardee and both the
Entry and the Entrant will be positively verified. A valid bank account is required for Awardees to receive
payment of their Award.
The Organizer is not responsible for the inability of the Awardee to collect the Award for reasons
attributable solely to the Awardee.
All costs of transferring the Award are borne by Organizer.

5. TAXES: RECEIPT OF PRIZES FOR POTENTIAL WINNERS AND WINNERS ARE SUBJECT TO THE
CONDITION THAT THEY PROVIDE ORGANIZER WITH ALL NECESSARY DOCUMENTATION TO
COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAX REPORTING AND
WITHHOLDING REQUIREMENTS. THIS MAY INCLUDE SUBMITTING SOCIAL SECURITY NUMBERS
FOR TAX REPORTING PURPOSES. ALL PRIZES WILL BE AWARDED NET OF ANY TAXES
ORGANIZER IS REQUIRED BY LAW TO WITHHOLD. WINNERS ARE SOLELY RESPONSIBLE FOR
ANY TAXES IMPOSED ON THE PRIZES, REGARDLESS OF WHETHER TAXES HAVE BEEN
WITHHELD. In order to receive a prize, potential winners may be required to submit tax documentation
requested by Loak or otherwise required by applicable law, including the law of the potential winner's
country of residence. Potential winners are responsible for complying with all applicable tax laws and filing
requirements. Failure to provide the required documentation or comply with such laws may result in prize
forfeiture, and Loak may, at its sole discretion, select an alternative potential winner.

a) Loak will withhold taxes from the prize as required by United States federal and state tax regulations.
The amount withheld will be determined based on the winner's tax status and applicable laws.
b) If a winner is a non-resident of the United States, they may be subject to additional withholding or
reporting requirements as mandated by applicable tax laws and treaties. In such cases, the winner is
responsible for providing Organizer with any necessary documentation, such as a certificate of
residence, within 45 days from the Winners Announcement date to ensure compliance with tax
regulations and any applicable double taxation avoidance agreements. If the winner presents a valid
certificate of residence and the relevant double taxation avoidance agreement allows for a reduced tax
rate or exemption, Organizer will apply the appropriate tax rate as per the agreement.
c) Organizer is not responsible for any inability or unwillingness of a winner to accept or use a prize (or
portion thereof) for any reason. Prize details not specifically stated in these Terms will be determined in
Organizer's sole discretion. To the fullest extent allowable under applicable law, all taxes (if applicable)
(including, without limitation, national, federal, state, and/or local taxes), as well as any expenses arising
from acceptance or use of the prizes and not specified in these Terms as being provided as part of the
prizes, are the sole responsibility of the winners. Organizer is not responsible for and will not replace
any lost, mutilated, or stolen prizes or prize elements or any prizes that are undeliverable or do not
reach a winner because of incorrect or changed contact information. If a winner does not accept or use
the entire prize for any reason, the unaccepted or unused part of the prize will be forfeited, and
Organizer will have no further obligation with respect to that prize or portion of the prize. No transfers or
substitutions will be made, except at Organizer's sole discretion. Organizer reserves the right to
substitute any stated prize or any component thereof with another prize or component of equal or
greater value for any reason. No more than the stated prizes will be awarded. Participants waive the
right to assert as a cost of receiving the prizes, any and all costs of verification and redemption and any
liability and publicity that might arise from claiming or seeking to claim said prizes.

5. GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Organizer
reserves the right to disqualify any entrant from the Contest if, in Organizer’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.

§ 7.

INTELLECTUAL PROPERTY RIGHTS

1. As between Organizer 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 both
Organizer’s and Sponsor’s technology and platforms, which will remain the sole property of Organizer or
Sponsor or its licensors). As a condition of entry, Entrants hereby provide a perpetual, irrevocable,
worldwide, royalty-free and non-exclusive license to both Organizer and 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,
incorporating into Organizer’s and Sponsor’s products and platforms, promoting the Contest and future
versions of the Contest and both Organizer’s and Sponsor’s marketing. Entrants are responsible for
securing proper intellectual property protections. Organizer will not assume ownership responsibility.
Entrants are responsible for ensuring they are not infringing on the intellectual property rights of another
individual or entity.
2. By entering into this Contest you declare that you are the author of the Entry and you have all
applicable intellectual property rights to the Entry submitted in the Contest and that they do not infringe
third party rights.
3. The Entrant is liable to the Organizer in the event that his application for participation in the Contest or
the Entry violates the rights of third parties or generally applicable law.
4. In the event of posting content and Entry that violates the law or rights of third parties, the Awardee is
responsible. In the event of any claims by third parties against the Organizer for infringement of their
copyright-as a result of Organizer's use of the Entry, the Organizer shall immediately notify the Awardee
of this fact, who undertakes to take over the above claims.
5. In connection with your participation in the Contest, you may acquire information or materials which are
of a confidential or proprietary nature. You agree to use such confidential information only in connection
with your participation in the Contest and agree to hold in confidence and to not disclose confidential
information to any person or entity without the prior written consent of the relevant entity. You understand
and agree that a violation of this confidentiality obligation may result in immediate termination from the
Contest, among other remedies that may be sought by and available under law.

§ 8.
COMPLAINTS

1. Entrants have the right to lodge complaints regarding the way the Contest is carried out. The complaint
should include:
a) name and surname of the Entrant;
b) mailing address;
c) exact description of reasons for lodging a complaint.
2. Complaints should be sent via email to: info@loak.co.

3. Complaints can be submitted no later than 14 days from the date of Contest Winners Announcement.
The date of complaint submission is the date of its delivery to the Organizer's email account.
4. The Organizer shall respond via email to the complaint no later than within 30 days of receiving it in a
correct and complete form.
5. Complaints not containing any of the elements specified in Clause 2 above or submitted after the
deadline specified in Clause 3 above shall not be considered by the Organizer.

§ 9.
FINAL PROVISIONS

1. RIGHT OF FIRST OFFER AND REFUSAL: During the Contest Period, and for a period of ninety (90)
days following the end of the Contest Period, both Organizer and Sponsor shall have both a right of first
offer and a right of first refusal for the purchasing, publishing, distribution and/or exclusive licensing of all
Developers’ Entries. Organizer or Sponsor and Entrant shall negotiate any such offers in good faith.
Should entrant receive a bona fide offer from a third party for the Entry or have a good faith desire to
publish or distribute the Entry itself, entrant shall provide written notice to Organizer or Sponsor of the
business details and terms and conditions of such offer or desire and Organizer or Sponsor shall have a
period of no less than thirty (30) days from the time of such notice to exercise its rights outlined in this
Section.

2. PRIVACY: Entrant acknowledges and agrees that both Organizer and Sponsor may collect, store,
share and otherwise use any personally identifiable information provided to Organizer 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. Organizer will use this information in accordance with its Privacy
Policy located at https://www.loak.co/privacy-policy, 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 Organizer. Entrant has the right to request
access, review, rectification or deletion of any personal data held by Organizer in connection with the
Contest by writing to Organizer at this email address: info@loak.co.

3. PUBLICITY: As a condition of entry, entrant grants both Organizer and Sponsor, its subsidiaries,
agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work
from, and publicly display contents of the application, including, without limitation, entrant’s names,
biographical information, demos, screenshots, portraits, pictures, videos, voices, likenesses, images,
statements and other information: (1) for the purposes of allowing Organizer, Sponsor and the Judges to
evaluate the Entries for purposes of the Contest, and (2) in connection with news, publicity, marketing,
advertising and promotion to the public or other groups. The entrant hereby waives any right to any form
of compensation and all legal claims, including for libel, slander, invasion of privacy, and copyright
infringement, related to the application’s content and its use. As described herein, entrants may be asked
to complete a publicity release.

4. 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 Terms; (d) claims brought by persons or
entities other than the parties to these Terms 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 Brief or 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.

5. ELIMINATION: Non-compliance with these Terms 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.

At any point during the Contest, Organizer may eliminate an entrant for any reason in Organizer’s sole
discretion. Reasons for elimination may include, but not be limited to, (i) insufficient, low quality, or poor
execution of work, (ii) material deviation from the plans and other materials submitted as part of the
applications, and (iii) failure to comply with Organizer’s technical, business, or other requirements. If an
entrant is eliminated for any reason, such entrant is no longer eligible for continuing in the Contest, any
prizes, or other benefits.

6. 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.

7. RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the Contest is not capable of
running as Organizer 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,
Organizer reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Contest and
if terminated, Organizer 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. Organizer further reserves the right to disqualify any entrant who violates these Terms 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,
Organizer reserves the right to seek any and all remedies available from any such entrant to the fullest
extent of the applicable law.

8. 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 Terms be construed as an offer or contract
of employment with either Organizer, 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 Organizer or the Contest Entities and that no such relationship is established by entrant’s
submission of an Entry under these Terms.
9. LIMITATION OF LIABILITY: Entrant hereby releases both Organizer and Sponsor from any and all
liability in connection with the prizes or entrant’s participation in the Contest and further acknowledges
that neither Organizer nor Sponsor are responsible for: (a) lost, late, damaged, destroyed, delayed,
stolen, leaked, misdirected, incomplete, or illegible garbled entries, YouTube posts or comments, or
YouTube posts or comments received through impermissible or illegitimate channels, 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.

10. ACCESS TO TERMS: Terms and Conditions are available for inspection at the Organizer’s office and
at: https://loak.co/ar-cade
These Terms & Conditions, the rules posted on Organizer's designated website together with the terms
provided on the Creative Brief Site, the Privacy Policy, the Terms and Conditions of use for the Niantic
Lightship and the other documents referenced in these Terms & Conditions, contain the entire agreement
between you and the Organizer. Where there is a conflict between these Terms & Conditions and any
other document, Policies or agreements, Terms & Conditions will take precedence.

11. AMENDMENTS TO THIS DOCUMENT: The Organizer has the exclusive right to amend the Terms &
Conditions. Organizer may change the Terms and Conditions in the event of:
a) inability to conduct the selection of Entries at the originally set date due to reasons beyond the
Organizer's control, the occurrence of which he could not foresee even with due diligence;
b) Legal obligation to make changes, including the obligation to adjust the Terms & Conditions to the
current legal state.
c) A change to the Terms and Conditions may not result in a worsening of the situation of Entrants.
d) The Organizer shall inform Entrants of changes to the Terms & Conditions by publishing the amended
version on the Organizer's website at: https://loak.co/ar-cade at least 7 days before the changes come
into force.
e) An Entrant who does not agree with the changes to the Terms & Conditions may resign from the
Contest until the Winners Announcement by submitting a statement of resignation to the Organizer. A
statement referred to in the preceding sentence may be sent to the Organizer at one of the addresses
specified in §1 point 3 of the Terms & Conditions. Resignation from the Contest due to changes in the
Terms & Conditions will result in the expiry of the license granted by the Entrant.
f) If any provision of the Terms & Conditions, several or part of these provisions are or will become
ineffective, it does not make other provisions ineffective. An ineffective provision should be replaced with
an appropriate effective provision.

12. RECOURSE TO JUDICIAL PROCEDURES: In matters not covered by these Terms & Conditions, the
provisions of generally applicable California State law shall apply, unless it is not possible due to the need
to apply the provisions of the law of the registered seat or place of the residence of the Entrant.

Terms & Conditions come into force on the day of its publication on the website: https://loak.co/ar-cade

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