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OpenSpace 2021 Refer-A-Friend Program Policy

Terms and Conditions

These Terms and Conditions (“Official Rules”) apply to the referral program (the “Program”) offered by OpenSpace, Labs Inc. and its affiliates (“Sponsor”) and set forth the legally binding terms and conditions for your participation in the Program as a referrer (“Entrants”). Please read these Official Rules carefully before participating in the Program, including by referring a friend. The Program is also subject to the OpenSpace Privacy Policy, which are incorporated herein by reference. By submitting an Entry (defined below), the Entrant agrees to these Official Rules and warrants that the Entry complies with all requirements set out in these Official Rules.

SPONSOR

OpenSpace, 333 Kearny St. Floor 4 San Francisco, CA 94108 USA, is the Sponsor. The Program is not sponsored by, endorsed by, administered by, or affiliated with LinkedIn, Facebook, Instagram, Twitter, or any other social media platform on which it appears.

ELIGIBILITY

Employees, officers, and directors of the Sponsor and Sponsor’s subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers, or distributors of Program materials are not eligible to participate in the Program. Winning a Prize (defined below) is contingent upon the Entrant fulfilling all requirements set forth herein and is subject to compliance with all applicable federal, state, and local laws and regulations.

PARTICIPATION

Participation in the Program constitutes the Entrant’s full and unconditional agreement to be bound by these Official Rules. These Official Rules supplement any terms set forth in any email, website, or social media post. By submitting an Entry (defined below), the Entrant agrees to these Official Rules and warrants that the Entry complies with all requirements set out in these Official Rules.

The Entrant is responsible for determining that participation in the Program and receipt of the Prize is in compliance with all policies and requirements of their company. The Entrant’s participation in the Program will be considered confirmation of their full compliance with any such policies and requirements.

ENTRY

To enter the Program, Entrants must complete and submit a qualified referral lead, using the Sponsor’s Refer-A-Friend Referral Form available at https://www.openspace.ai/refer-a-friend/.

To qualify, referrals must be for new customers who are not already in negotiations or contact with the Sponsor for a contract, and have not yet seen a demo of the Sponsor’s product, and are not former or existing Sponsor clients. Referrals shall not qualify if they are already in Sponsor’s database or have already been referred by someone else. Referrals for the Entrant’s own project, own company that has an established Enterprise Agreement with the Sponsor, or for government entities are not eligible. Referring multiple contacts at the same project will be counted as one Entry. 

All Entries become the sole and exclusive property of the Sponsor. The Sponsor is not required to return or acknowledge any Entry. By participating in the Program, the Entrant warrants that the Entrant has the authority to grant the rights described herein to the Sponsor, and that the information submitted to the Sponsor is true, correct, and complete in all material respects and is not misleading. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, or garbled entries, which may be disqualified at the Sponsor’s sole discretion.

PRIZE

After Entrant submits a Referral Form, Sponsor will determine whether the referral is a qualified referral. If a submission is a qualified referral, the Entrant submitting a qualified Entry will receive a Sponsor-branded 17 oz Swag Bottle stainless steel water bottle. If the qualified Entry results in a closed-won opportunity in a paid Product Plan (only Project or Enterprise are eligible) for the Sponsor, the Entrant will be able to choose between two Prizes: (i) a 360 camera (Sponsor will provide Entrant with camera options upon time of winning) or (ii) a team lunch for up to 25 people (Sponsor will provide Entrant with lunch options upon time of winning). Entrants are subject to verification by Sponsor and must meet all eligibility requirements before being confirmed to receive a prize. Sponsor reserves the right in its sole discretion to determine all qualification criteria and to reject Entry that does not meet its standards.

No substitution, cash equivalent, or transfer of a Prize is permitted except at the Sponsor’s sole discretion. The Sponsor reserves the right to substitute a Prize (or a portion thereof) with one of equal or greater value. Prizes are subject to and winners must abide by all requirements of these Official Rules. Winners agree to accept any Prize “as is.” The Sponsor has sole discretion to resolve any concerns, questions, or complaints related to a Prize. Prizes may be subject to additional terms and conditions imposed by the issuer of the Prize.

NOTIFICATION

Winners will be notified by email at the email address provided at the time of Entry. The Entrant is solely responsible for submitting the correct email address; the Sponsor will not be legally responsible for failure of winning notification if the Sponsor has not been provided the correct email address. The email notification will request the winner to submit an address (a delivery address for the Swag Bottle or 360 camera Prize, or a physical address for the team lunch Prize). Winners must provide an accurate address for a Prize; if the address is not accurate and a Prize cannot be delivered, the winner will forfeit their Prize. The Sponsor will send a follow-up email after the first notification for the 360 camera and team lunch Prizes, providing Prize options for the winner. 

Winners must respond to all emails sent by the Sponsor within 10 business days. If a winner does not respond; or if notification to the winner is returned as undeliverable; or if a winner rejects their Prize; or if a winner does not comply with these Official Rules, that winner will forfeit their Prize. A winner may be required to execute: an affidavit, declaration, or certificate of eligibility; a liability release; and a publicity release; and to provide proof of identification (e.g., driver’s license, passport). If the winner: does not execute and deliver any required documents to the Sponsor by the specified deadline; rejects a Prize; does not comply with these Official Rules, that winner may be disqualified from the Program. 

If the Sponsor is unable to deliver the Prize to the winner for any reason, including but not limited to regulatory reasons, then the Sponsor may at its sole discretion provide a different Prize of equivalent value, with or without prior notice to the winner.

TAXES

The Sponsor is not responsible for any taxes, duties or other obligations relating to the issuing of this Program’s Prizes. Any payment of tax or duty is the winner’s sole responsibility.

If and to the extent the Sponsor is required by an authorized tax authority to withhold any taxes on the Prize, the Sponsor will provide all required reporting and withhold any such amounts as required by law and the Prize issued to the winner will be net of any such withheld amount. The Sponsor will make no payments other than withholding payments, if required, and will not be responsible for any payment of any other amount required in order to allow the delivery of the Prize to the winner.

USE OF ENTRY

Except where prohibited by law, entry in the Program constitutes the Entrant’s irrevocable permission for the Sponsor to use the Entry, including the Entrant’s name, picture, character, likeness, and voice as they may appear in the Entry, for trade, advertising, promotional, or any other purpose, throughout the world in any media now known or hereafter developed, without notice or compensation.

RIGHT TO CANCEL OR SUSPEND PROMOTION

If the Program is not able to run as planned due to infection by computer virus, bug, worm, trojan horse, denial of service attack, tampering, unauthorized intervention, fraud, technical failure, or any other cause that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Program, or any other reason, the Sponsor may, at its sole discretion, choose to cancel, terminate, modify, or suspend the Program. The Sponsor may, at its sole discretion, disqualify any Entrant that the Sponsor suspects of tampering with the entry process or the operation of the Program. The Sponsor may prohibit an Entrant from participating in the Program or winning a Prize if, at the Sponsor’s sole discretion, the Sponsor determines that the Entrant is attempting to undermine the legitimate operation of the Program. Any attempt by an Entrant to undermine the legitimate operation of the Program may be a violation of criminal and civil laws, and if such an attempt is made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

TECHNOLOGY TERMS & CONDITIONS

The Sponsor is not responsible for incomplete, misdirected, late, lost, damaged, or stolen Entries; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions; or for technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in the offering or announcement of any Prize or in any Prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.

ACCOUNT HOLDER

The person submitting the Entry must be the Authorized Account Holder of the email account used to submit the Entry; otherwise, the Entry may be deemed void. “Authorized Account Holder” means the natural person who is assigned an email address by an internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. A winner shall, at the Sponsor’s request, provide the Sponsor with proof that the winner is the Authorized Account Holder of the email address associated with the winning Entry. In case of dispute as to the identity of any Entrant, the Entry will be deemed to have been made by the Authorized Account Holder of the email address submitted at the time of Entry. Any other attempted form of entry is prohibited; no automatic, programmed, robotic, or other means of entry are permitted.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

The Sponsor is not responsible if the Program cannot take place or if a Prize cannot be awarded due to delays or interruptions as a result of acts of god, acts of war, natural disasters, weather, acts of terrorism, or any other event beyond the Sponsor’s control. By participating in the Program, the Entrant agrees that the Sponsor will have no liability for any loss, injury, or damage, including but not limited to personal injury, death, or damage to personal or real property, to the Entrant or any other person or entity due in whole or in part, directly or indirectly, to the acceptance, possession, use, or misuse of a Prize or participation in the Program. The Sponsor will not be responsible or liable for any direct, indirect, incidental, consequential, or punitive damages, or other damages or losses of any kind, arising out of the Entrant’s participation in the Program or receipt or use of a Prize. By entering the Program, the Entrant agrees to release, hold harmless, and indemnify the Sponsor and their respective parents, divisions, subsidiaries, affiliates, and advertising, promotion, public relations, and other agencies, and the respective officers, directors, employees, representatives, and agents from any and all liability for property damage, personal injury, and death, and any other loss, harm, damage, injury, cost, or expense whatsoever, which may occur in connection with, preparation for, travel to, or participation in the Program or any Program-related activity, or possession, acceptance, use, or misuse of a Prize, and for any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery. Without limitation, this Program and all Prizes are provided “as is,” without the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, or other warranty of any kind, either express or implied. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to certain Entrants. Entrants should check their local laws for any restrictions or limitations regarding these limitations or exclusions. As far as permitted by applicable law, the Sponsor will not in any circumstances be responsible or liable to compensate an Entrant or accept any liability for any loss, damage, personal injury, or death occurring as a result of accepting a prize, except where caused by the Program Party’s negligence. Entrants’ statutory rights are not affected. 

PERSONAL INFORMATION

Personal information collected from Entrants in connection with this Program is subject to the Sponsor’s “Privacy Notice” available at https://www.openspace.ai/privacy-policy/. Entrant agrees that any personal information may be processed, shared, and otherwise used for the purposes and within the context of the Promotion and any other purposes outlined in these Official Rules. The Sponsor may also use personal information to verify the Entrant’s identity and contact information, and to otherwise verify the Entrant’s eligibility to participate in the Program. The Entrant agrees that the Sponsor may send the Entrant blogs, articles, specials, informational emails regarding the Sponsor’s business activities, and various other promotional materials. The Entrant may access, review, rectify, or cancel any personal information held by the Sponsor, and may elect to have the Entrant’s name excluded from all lists used by the Sponsor, by writing to Refer-A-Friend Program, OpenSpace, 333 Kearny St. Floor 4 San Francisco, CA 94108 USA or emailing refer-a-friend@openspace.ai.

TERMINATION

The Sponsor reserves the right to modify or terminate the Refer-A-Friend Program at any time at its sole discretion. The Sponsor also reserves the right to modify, substitute or terminate any Prize at its reasonable discretion.

DISPUTE; GOVERNING LAW

These Official Rules and all matters arising out of or relating to the Program will be governed by the laws of the State of California, without regard for its conflicts of law provisions. To the extent permitted by law, the right to litigate, seek injunctive relief, or make any other recourse to judicial or any other procedure in case of disputes or claims arising out of or relating to the Program are hereby excluded and the Entrant expressly waives any such rights.

Any action arising out of or relating to the Referral Program must be brought in the state courts located in San Francisco County, California, or the federal district court located in San Francisco, California, and by participating in the Program, the Entrant submits to the exclusive jurisdiction of such courts. To the extent permitted by law, the right to litigate, seek injunctive relief, or make any other recourse to judicial or any other procedure in case of disputes or claims arising out of or relating to the Program are hereby excluded and Entrant expressly waives any such rights.

ADDITIONAL TERMS

This is the entire agreement between the parties about this Program. The Prize, if any, is made to Entrant as an “independent contractor,” and Entrant is not an employee or agent of Sponsor. Entrant does not have the right or authority to bind Sponsor in any way. Entrant must be 18 or older to participate. Entrant represents, warrants and certifies to Sponsor that Entrant will comply with all applicable laws and governmental regulations in participating in the Program.

THE PROGRAM IS VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH ABOVE WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.

* Entrants may alternatively choose to enter the Program via the following method:

(1) Provide the following information on a plain postcard:
a. Your name;
b. Your e-mail address;
c. Your telephone number;
d. A statement that you wish to enter the Program and have read and agreed to the Official Rules for the Sweepstakes.

(2) Mail the postcard (postage paid) to the following address:
Open Space Labs, Inc.
Attn: Refer-A-Friend Program
333 Kearny St. Floor 4
San Francisco, CA 94108 USA

CONTACT

For any questions, complaints, or claims with respect to the Program, contact the Sponsor at Refer-A-Friend Program, OpenSpace, 333 Kearny St. Floor 4 San Francisco, CA 94108 USA or email refer-a-friend@openspace.ai.

Updated March 2021