Official Contest Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, META, TWITTER OR REDDIT. VOID WHERE PROHIBITED.

Eligibility

The @ConceptsApp Contest (the “Contest”) is open only to individuals who are eighteen (18) or older or have reached the age of majority in their jurisdiction of residence, whichever is older. Entrants are responsible for ensuring that their entry into the Contest complies with the laws of their respective jurisdictions of residence. Employees of TopHatch, Inc. (the “Sponsor”) and its related companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible. Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.

Sponsor

TopHatch, Inc., 751 Laurel St #545, San Carlos, CA 94070 USA.

Entry Period

The Contest will run from April 1, 2022 through April 30, 2022 at midnight (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified.

How to Enter

To enter the Contest, you must, during the Entry Period: Post an original sketch created in Concepts App on Instagram, Twitter or Reddit using the hashtags #drawalandscapechallenge, #conceptsapp, and #contest (each, an “Entry”). In the caption, tell us the story behind your sketch or project. Your Entry must include the hashtags #drawaportraitchallenge, #conceptsapp and #contest. You may enter multiple times, but will only be eligible for a single prize.

Additional Requirements

Entries must not: (a) impersonate any person or entity (including by using any celebrity look-a-likes or sound-a-likes) or falsely state or misrepresent any affiliation with any person or entity; (b) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortuous or objectionable; (c) depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate; (d) advertise or promote alcohol, tobacco, firearms, or gambling; (e) contain any content that is protected by copyright, trademark (including, without limitation, any logo that appears on an article of clothing or elsewhere), trade secret, right of publicity or other proprietary right, without the express prior written consent of the owner of such right; (f) endorse any religious or political cause or candidate; (g) contain any personal information about you or any other person; (h) depict any minor; (i) contain any confidential information, or any material, non-public information about any company; or (j) contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software or network. Entries must not have been entered into any other contest, promotion or exhibition, or otherwise published or distributed. The Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Entry for any reason.

Selection of Potential Winners

On or about May 4, 2022, a panel of judges assembled by the Sponsor will select three (3) potential winners from among the eligible Entries received, based on the following equally-weighted judging criteria: originality, strength of your concept share, and creativity. In the event of a tie, the Entry with the higher score for strong concept will be the potential winner. Potential winners will be notified via Instagram Direct Message, Twitter Direct Message or Reddit Message, and required to execute an Affidavit of Eligibility and a Liability and Publicity release (unless prohibited by law), which must be returned within three (3) days of notification. Return of any notification as undeliverable, failure to sign and return required documentation within the specified time period, the inability of Sponsor to contact the potential winner within three (3) days, or noncompliance with these Official Rules by the potential winner may result in disqualification and an alternate potential winner will be selected.

Prizes

First prize:

• a choice of one of: Apple AirPods, Samsung Galaxy Buds+, or Microsoft Surface Earbuds (approximate retail value (“ARV”): $200)
• a set of six Copic markers (ARV: $40)
• a Concepts App t-shirt (ARV: $20)

Second prize:

• a set of six Copic markers (ARV: $40)
• a Concepts App t-shirt (ARV: $20)

Third prize:

• a Concepts App t-shirt (ARV: $20)

Winners are solely responsible for taxes and any other costs not specified above. There will be no cash substitution or other substitution of the prize, except by the Sponsor, who reserves the right to substitute a prize with another of comparable or greater value.

General Conditions

In the event that the operation, security or administration of the Contest is impaired in any way for any reason, including technical errors or fraud, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules, or (b) select the potential winners and/or award the prizes according to the applicable judging criteria from among the eligible Entries received up to the time of the impairment. The Sponsor reserves the right, in its sole discretion, to disqualify any person whom the Sponsor finds to be tampering with the Contest or to be acting in violation of the letter or spirit of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The Contest is subject to federal, state and local laws and regulations and is void where prohibited.

Sponsor’s Rights to Entries

Solely for the purposes of marketing and publicity connected with the Contest, you grant to the Sponsor a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable (through multiple tiers) and transferable license, without additional consideration to you or third parties, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public and otherwise use and exploit (and have others exercise such rights on behalf of the Sponsor, through multiple tiers) your Entry (the “Licensed Content”) and any ideas, trademarks and other intellectual property accompanying, related to or embodied in the Licensed Content, and any materials embodying, incorporating or derived from the Licensed Content, in any format or media now known or hereafter developed. You further grant to the Sponsor the right to use the name, photograph, portrait, picture, voice, likeness, statements, and biographical information of you for the Sponsor’s advertising and promotional purposes, whether or not in connection with your Entry, in each case for the purpose of administering and promoting the Contest, any future Sponsor promotions, and/or the Sponsor. You hereby waive any and all rights that you each may have under laws worldwide that concern “moral rights” or “droit moral” in connection with the Licensed Content. The Sponsor reserves the right (but not the obligation) to verify at any time that all necessary rights, clearances, consents, releases and other permissions in or relating to the Licensed Content have been validly obtained. You agree to fully cooperate with the Sponsor in any such verification inquiries.

Your Representations and Warranties

By submitting an Entry, you represent and warrant that: (a) you have the legal right and authority to submit the Entry, participate in the Contest and grant to the Sponsor the rights set forth in these Official Rules; (b) the Entry complies with all requirements of these Official Rules; (c) the Entry is your original work, and you own all rights to the Entry, or alternatively, to the extent the Entry contains any third-party materials, each such third party has validly authorized you in writing to exploit such third-party materials in the Entry and to grant to the Sponsor the rights set forth in these Official Rules; (d) to the extent the Entry depicts any person or features the voice of any person, you are the person so depicted or featured, or alternatively, each person so depicted or featured has validly authorized you in writing to exploit such person’s name and likeness in the Entry and to grant to the Sponsor the rights set forth in these Official Rules; (e) the Entry, and the use thereof by the Sponsor and its designees, does not and will not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property, privacy, publicity or other rights of any third party; (f) you have complied and will comply with all applicable laws, rules, regulations, and explicit and implicit agreements with third parties in creating, preparing and submitting the Entry; and (g) all information that you provide to the Sponsor in connection with your participation in the Contest is and will remain accurate and complete.

Release and Indemnity; Limitations of Liability

By participating in the Contest, you agree to release, indemnify and hold harmless the Sponsor, its related companies, business partners and service providers, Instagram and Facebook, and its and their respective shareholders, directors, officers, employees and agents (the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, any participation in the Contest or receipt or use of any prize, including: (a) claims that your Entry violates any copyrights, patents, trademark rights, publicity rights or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit your Entry; (c) claims arising from any breach or alleged breach by you of any covenant, representation or warranty set forth in these Official Rules; (d) claims of misappropriation of ideas or other intellectual property; (e) claims arising from any technical errors or printing errors, including errors that may prevent you from submitting an Entry; (f) claims arising from unauthorized human intervention in the Contest; (g) claims arising from lost, late, postage-due, misdirected or undeliverable mail or e-mail; (h) claims arising from errors in the administration of the Contest or the processing of Entries; and (i) claims arising from injury, death or damage to persons or property.

If you are a California resident, you waive any and all rights under Section 1542 of the Civil Code of the State of California, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Disputes

Except where prohibited, you agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the County of San Mateo, in the State of California. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, 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 California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

Contest Results

We will post winning entries here four days after end of contest. Stay tuned!

Contact Information:

If you have any questions or comments about these terms, please do not hesitate to contact us at:

• Website: https://concepts.app
• Email: concepts@tophatch.com
• TopHatch, Inc., 751 Laurel St #545, San Carlos, CA 94070 USA.