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Please read the following terms and conditions carefully. This Pivo $5k Challenge Terms and Conditions (“T&C”) is a binding agreement between you and Pivo, Inc., a Delaware Corporation (“PIVO”).

By entering this challenge, you (i) accept and agree to the following terms and conditions which will govern the challenge; and (ii) represent that you are of legal age to enter into a binding agreement. If you do not agree to this T&C, do not upload your content to PIVO. Your entry and participation in this challenge shall be deemed an unconditional acceptance by you of this T&C. All entry instructions and any other specific details relating to the challenge or the prizes form part of this T&C.

This T&C also governs PIVO’s use of your name, nickname, likeness, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information or any third parties (“Appearances”) as included in your content. You represent and warrant that you have obtained the appropriate licenses, permissions, and/or releases from all people that recognizably appear in the content, including the real names, nicknames, likenesses, voices, live or recorded performances, autographs, photographs and biographical information of such third party individuals, and the owner of any music, images, video, audio, photos, text, or other material embedded within the content. If your content contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the minor’s parent or guardian to provide the photo, digital, or video image for commercial use.

  1. Employees of PIVO or their family members or anyone else connected in any way with the challenge or helping to set up the challenge shall not be permitted to enter the challenge.

  2. To enter the challenge you must record your submitted content with a Pivo Pod.

  3. Closing date for entry will be 11:59PM (EST) July 31st 2022. After this date no further entries to the challenge will be permitted.

  4. The rules of the challenge and the prize for each winner are as follows:

    • You can participate in the challenge by uploading your content on your social media profile, tagging #Pivo5KChallenge and @getpivo and then submitting the post link at https://pivo.ai/pages/5k-challenge.
    • Only one entry will be accepted per person. If you submit multiple contents only one will be considered.
    • Any entries that PIVO considers, in its absolute discretion, to be dangerous, vulgar, offensive, indecent, illegal racist, copied, offensive, cruel or fraudulent, or infringe on the rights or copyright of others will be immediately disqualified.
    • The content must be owned by you and uploaded to your own social media profile, if it is discovered that you have broken any of these rules you will be disqualified.
    • PIVO will review all submitted contents and select the shortlisted finalists.
    • All shortlisted finalists will receive a Pivo gift and a discount code sent by email.
    • At the end of the challenge PIVO will select the final winners who will get an equal share of the price pool of $5,000 USD.
    • Further information can be found at: https://pivo.ai/pages/5k-challenge.

  1. PIVO reserves the right to cancel or amend the challenge and this T&C without notice in the event of a catastrophe, war, civil or military disturbance, or any actual or anticipated breach of any applicable law or regulation or any other event outside of the PIVO’s control. Any changes to the challenge will be notified to entrants as soon as possible by PIVO.

  2. You represent and warrant that: (i) You have all rights and licenses necessary to grant to PIVO the rights granted in the content and Appearances, including but not limited to rights to synchronize any master recording and or composition used to video, images, video, audio, photos, text, or other material embedded within the submission, and you will pay any and all third parties who may be entitled to a royalty or fee (including public performance organizations) arising from the licensed use of any composition or master recording embedded within the submission; (ii) to the extent any third-parties are visible in the submission, you have obtained express consent from the third-parties to submit their likeness; (iii) PIVO’s use or sublicense of the submission, Appearances, or third-party materials as contemplated by this T&C will not infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, moral rights or any applicable law or regulation; (iv) Your consent to this T&C will not violate or conflict with any obligations owed by you to a third party; and (v) you will comply with all laws, rules and regulations applicable to this T&C.

  3. You will indemnify, defend and hold PIVO harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from or related to: (a) breach of any of your representations and warranties in this T&C; (b) any third party claim that the submission or Appearances, or PIVO’s use thereof, infringe, misappropriate or violate such third party’s intellectual property or other third party rights; and (c) any third party claim that is based on any act or omission of You that results in personal injury, death, property damage or the violation of any law, ordinance or regulation.

  4. LIMITATION OF LIABILITY. IN NO EVENT WILL PIVO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE THEORY OF LIABILITY, ARISING FROM OR RELATED TO THIS T&C OR PIVO'S USE OF THE CONTENT AND APPEARANCES, EVEN IF PIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PIVO’S TOTAL, CUMULATIVE LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS T&C WILL BE LIMITED TO THE AMOUNT PAID BY PIVO TO YOU PURSUANT TO THIS T&C. Notwithstanding the provisions of this Section 8, nothing in this T&C excludes or limits or purports to exclude or limit the liability of either party for: (a) death or personal injury resulting from gross negligence; (b) any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party; or (c) for any liability which cannot be excluded or limited by applicable law.

  5. PIVO is not responsible for inaccurate prize details supplied to any entrant by PIVO or any third party connected with this challenge.

  6. You consent to PIVO contacting you at a later date for marketing and promotion purposes. You may be required by PIVO to participate in a photo, video and/or film session, and acknowledge that PIVO has the right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it sees fit, unless you inform PIVO at the time of entering the challenge that you wishes to retain your anonymity.

  7. Your personal data will be used solely in accordance with current U.S. data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

  8. The prizes are not transferable. Prizes are subject to availability and PIVO reserves the right to substitute any prize with another of equivalent value without giving notice.

  9. Winner will be selected by PIVO and PIVO reserves all rights to select the winners per its discretion. PIVO reserves the right to seek verification of the winner’s age and identity and other relevant information.

  10. The winner will be notified by email within 30 days of the closing date. If the winner cannot be contacted or does not claim their prize within 14 days of notification, we reserve the right to withdraw the prize from the winner.

  11. PIVO will notify the winner when and where the prize can be collected.

  12. The winner agrees to the use their name and submitted content in any publicity material in association with the promotion of the challenge.

  13. PIVO’s decision in respect of all matters to do with the challenge will be final and binding. No correspondence will be entered into.

  14. This T&C will be governed by and construed in accordance with the laws of the State of California, excluding that body of law known as conflict of laws. Any legal action or proceeding arising under this T&C will be brought exclusively in the federal or state courts located in the Northern District of California and the parties irrevocably consent to the personal jurisdiction and venue therein. You may not assign or transfer this T&C without PIVO’s prior written consent, and any attempt to do so will be void. PIVO may freely assign this T&C. The failure by either party to enforce any provision of this T&C will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of this T&C will be effective only if in writing and signed by both parties. If any provision of this T&C held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. The parties to this T&C are independent contractors and this T&C will not establish any relationship of partnership, joint venture, employment, or agency between the parties.

  15. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter or any other Social Network. You are providing your information to the PIVO and not to any other party 

  1. Winner will be selected by PIVO and PIVO reserves all rights to select the winners per its discretion. PIVO reserves the right to seek verification of the winner’s age and identity and other relevant information.

  2. The winner will be notified by email within 30 days of the closing date. If the winner cannot be contacted or does not claim their prize within 14 days of notification, we reserve the right to withdraw the prize from the winner.

  3. PIVO will notify the winner when and where the prize can be collected.

  1. The winner agrees to the use their name and submitted content in any publicity material in association with the promotion of the challenge.

  2. PIVO’s decision in respect of all matters to do with the challenge will be final and binding. No correspondence will be entered into.

  1. This T&C will be governed by and construed in accordance with the laws of the State of California, excluding that body of law known as conflict of laws. Any legal action or proceeding arising under this T&C will be brought exclusively in the federal or state courts located in the Northern District of California and the parties irrevocably consent to the personal jurisdiction and venue therein. You may not assign or transfer this T&C without PIVO’s prior written consent, and any attempt to do so will be void. PIVO may freely assign this T&C. The failure by either party to enforce any provision of this T&C will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of this T&C will be effective only if in writing and signed by both parties. If any provision of this T&C held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. The parties to this T&C are independent contractors and this T&C will not establish any relationship of partnership, joint venture, employment, or agency between the parties.

  1. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter or any other Social Network. You are providing your information to the PIVO and not to any other party.