APES GOT TALENT – SHOW US THE BARS!

TERMS AND CONDITIONS

Entry into the Ape-In Productions, APES GOT TALENT – SHOW US THE BARS (hereinafter referred to as the “Challenge”) constitutes acceptance of the following terms and conditions (the “Official Rules”):

Sponsor: Ape-In Productions, LLC (“Sponsor” and/or “AIP”).

Eligibility: VOID WHERE PROHIBITED, SOME RESTRICTIONS APPLY. The Challenge is open to AIP OG NFT (the “Token”) holders who are at least eighteen years of age (18) and older at the time of entry.  Employees, consultants, independent contractors, and interns of AIP and any parent or affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, consultant, independent contractors, and interns are not eligible. Subject to all applicable federal, state, and local laws and regulations. By participating in the Challenge, entrants: (i) agree to be bound by these Official Rules and by the interpretations of these Official Rules by AIP and by the decisions of AIP, which are final in all matters relating to the Challenge; (ii) to release and hold harmless AIP and its agents, employees, officers, directors, subsidiaries, affiliates, suppliers, distributors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in the Challenge and/or the use or misuse or redemption of a prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action; and (iii) acknowledge compliance with these Official Rules. AIP 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 Content or to be acting in violation of these official Rules or any other promotion or in an unsportsmanlike or disruptive manner; in addition, AIP may disqualify, in its sole discretion, any entrant who is under a third party agreement which AIP deems as contradictory to the amateur nature of this Challenge.

Entry Period: The submission period begins at 12:01 PM PST on 11/29/2021 and ends at 12:00 PM EST on 12/10/2021 (the “Submission Period”). All entries must be received by the end of the Submission Period.

How To Enter: Entry into the Challenge is effectuated by visiting the AIP Discord channel and uploading an MP3 file containing your musical entry, to consist of rap lyrics to be sung over the instrumental of ApeSh!t made available by AIP on its website (the “Website”) to holders of its OG Label NFT (the “Token”).  Only holders of the Token are eligible. Limit one (1) entry per Token. For clarification, for someone to enter more than one (1) time they will need to use a different Token for each entry. By submitting an entry, each entrant represents and warrants they have all necessary rights to any content provided in conjunction therewith including all necessary copyright rights, and that they are solely responsible for any claims related thereto. Incomplete or invalid entries will be disqualified. Only the first entry received from a particular Token will be eligible; subsequent attempts to enter will be disqualified. Only eligible entries received during the Submission Period will be considered for the Challenge. Participation constitutes entrant’s full unconditional agreement and acceptance of these Official Rules.

Selection Of Winner: Unless otherwise stipulated on the Website, one (1) winner will be selected from all eligible entries who entered the Challenge during the Submission Period (the “Winner”).  Winners will be announced within forty-eight (48) hours of selection and will be notified by notice placed on the Website, AIP’s Discord, and/or social media pages.

Odds: Actual odds of winning depend on the number of eligible entries received.

Prize: The Winner will receive 1 Ethereum (e.g., 1 ETH) and an additional Token (the “Prize”). In order for the Winner to accept the Prize, Winner must have an active Token at the time of selection and announcement of the Winner.  If the Winner initially selected does not have a Token at that time, AIP will select another Winner. The verifiable retail value (VVRV) of the Prize at the time of posting of these Official Rules is Five Thousand, Four Hundred Dollars ($5,400.00). AIP further reserves the right to feature the Winner and the Winner’s Challenge entry on the AIP website, Discord, and social media pages.  No alternative prize, cash equivalent, or other substitution is permitted. Any difference between actual value and actual retail value will not be awarded. The Prize is nontransferable. Winner is responsible for all taxes, and all fees associated with the use of the Prize. Any expenses not stated relating to acceptance and use of the Prize is the sole responsibility of the Winner.  Winner may be required to provide a W9 or W8-B to AIP in order to the claim Prize, and failure of Winner to provide this to AIP in a timely manner may result in Winner not being able to claim the Prize, and AIP selecting an alternate Winner.

Disputes:  You agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Challenge, or any prizes awarded shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Challenge, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Wyoming State Court located in the state of Wyoming; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorneys’ fees, which are specifically excluded; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and AIP in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of Wyoming, without giving effect to any choice of law or conflict of law rules (whether of the State of Wyoming or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wyoming.

General Terms: Noncompliance with any of these Official Rules may result in disqualification of any entrant, including but not limited to the Winner. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER OR ANY ENTRANT OR ANY BEHAVIOR BY A WINNER OR ANY ENTRANT THAT WILL BRING SUCH WINNER, AN ENTRANT, OR AIP INTO DISREPUTE (IN AIP’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CHALLENGE AND SUCH ENTRANT’S DISQUALIFICATION FROM THE CHALLENGE.

AIP assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Challenge or by any human error which may occur in the processing of the entries in this Challenge. AIP is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any entry submissions, failure of the Website on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Challenge or the rules of the Challenge. AIP is not responsible for any typographical or other error in the printing of the offer, administration of the Challenge, or in the announcement of the Prize or the Winner. If, for any reason, the Challenge is not capable of running as planned, including, without limitation, changes in AIP’s business, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of AIP which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Challenge or for any reason that AIP deems it necessary, AIP reserves the right in its sole discretion to cancel, terminate, modify or suspend the Challenge, or to determine the Winner in its sole discretion. All interpretations of these Official Rules and decisions by AIP are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and will result in disqualification of all such entries. Automated entries or entries that have been tampered with or otherwise solicited improperly will result in disqualification of all such entries. AIP reserves the right in its sole discretion to disqualify any individual it finds to have tampered with the entry process or the operation of this Challenge; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Challenge.

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, AIP RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE COURTS OF THE STATE OF WYOMING (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CHALLENGE AND THE LAWS OF THE STATE OF WYOMING SHALL GOVERN THE CHALLENGE. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.

Entrants agree to indemnify and hold harmless AIP from any and all liability resulting or arising from the Challenge, to release all rights to bring any claim, action or proceeding against AIP, and hereby acknowledge that AIP has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.

Except where prohibited, participation in the Challenge constitutes the Winner’s consent to AIP’s or its agents’ use of the Winner’s name, likeness, prize, photograph, voice, and/or opinions for promotional purposes in any media, worldwide, without further payment or consideration.  Upon request, the Winner will provide consent to such use in writing.

The Winner (or parent/legal guardian if winner is a minor in his or her state of residence) may be required to sign and return an Affidavit of Eligibility, Liability, and Publicity Release (“Affidavit”) which must be received by AIP within seven (7) days of the date notice or attempted notice is sent, in order to claim the Prize. If a potential Winner cannot be contacted, or fails to sign and return the Affidavit within the required time period, the potential Winner forfeits the Prize.  In the event that a potential Winner is disqualified for any reason, AIP will award the Prize to an alternate Winner.

AIP’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  AIP is not responsible for the inability or failure of any Winner to accept a Prize for any reason.

© 2021 Ape-In Productions, LLC. All rights reserved.