Enhanced Games

ENHANCED GAMES REQUEST FOR SUBMISSIONS TERMS AND CONDITIONS

Enhanced Ltd., a Cayman Islands exempt company, incorporated under the laws of Cayman Island with its registered address at 87 Mary Street, George Town, Grand Cayman KY1‐1107, Cayman Islands (“Enhanced” or “we”) is looking for individuals (“you”) to sponsor and train for the Enhanced Games competition.

Enhanced will review the submissions and may select one or more individuals (if any) to sponsor and document on film their regiment, preparation, and/or supervise the individual training for the Enhanced Games.

  1. Submission Period: The submission period will open on 03/04/2024 at 08:00:00 AM Greenwich Mean Time (“GMT”) and end on 03/05/2024 at 11:59:59 PM GMT (“Submission Period”). In order to submit a valid Submission (defined in Section 3 below) for consideration by Enhanced, your Submission must be received no later than 11:59:59 PM GMT on 03/05/2024. Enhanced will select the athletes at its sole discretion. If you are selected, we will inform you by telephone or email at the telephone number or email address you provide on the submission form. It is your responsibility to make sure that the contact information you provide is accurate. During the Submission Period, you will have the opportunity to share with Enhanced and the larger community your inspirational story that has motivated you to want to train to become an Enhanced Games athlete and for your story to be shared with the world.
  2. Eligibility: This Request for Submissions is open to anyone who is over the age of 18, or the age of majority in their respective place of permanent residence at the time of submission (whichever age is higher). Employees, officers, and directors of Enhanced or their respective parents, subsidiaries, and affiliates, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to participate in this Request for Submissions. Participation in this Request for Submissions constitutes your full and unconditional agreement to these Terms and Conditions and to Enhanced’s decisions, which are final and binding in all matters related to this Request for Submissions.
  3. Submission Process: During the Submission Period, you must: (i) visit the official Enhanced Request for Submissions (‘Face of the Games Wanted’) page here, (ii) truthfully and completely answer all of the questions on the Sign Up form accessed here, (iii) click or press the “SUBMIT” button at the bottom of the questionnaire page, (iv) post your video on your social media sites (in compliance with all guidelines and terms of such social media sites) and tag Enhanced on the relevant social media channels (@enhanced_games on Instagram and X, @enhanced.games on TikTok) and include the hashtag ‘#enhancedgames’ (collectively, a “Submission”). Individuals may submit answers to the submission form and questionnaire in any language and Enhanced will, in its sole discretion, translate the language answers into English for reviewing purposes. Submitters may not challenge or dispute Enhanced’s translations.
  4. Limits and Restrictions: Limit one (1) Submission per individual. Submitting multiple Submissions may result in disqualification of all such Submissions. Bulk, automated and/or third party Submissions are prohibited and will be disqualified. Multiple submitters are not permitted to share the same email address. Any attempt by any individual to submit more than one Submission by using multiple and/or different identities, email addresses, or any other methods will void all of that individual’s Submissions. Submissions that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive, infringe on others rights, or otherwise not in compliance with these Terms and Conditions may be disqualified at Enhanced’s sole and absolute discretion.
  5. What Happens if You are Picked? If Enhanced selects your Submission, you will be contacted for a follow-up interview, which may include Enhanced’s request for additional information and materials. Once Enhanced has concluded the follow-up interview and received all requested materials (to the extent applicable), Enhanced may, in its sole discretion, extend to you a potential opportunity to be a subject of a potential documentary series and receive professional coaching services.
  6. Release: By participating in this Request for Submissions in any way, or by uploading or making any Submission for consideration, you agree to release and hold harmless Enhanced and its respective subsidiaries, affiliates, suppliers, distributors, and advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, any cause of action arising from Your Content as set forth and in violation of Section 7 below, personal injury, death, or damage to or loss of property or privacy arising out of your participation in the Request for Submissions, any posting online, public display and/or otherwise using any part of your Submission.
  7. Your Content; License: By uploading or submitting any Submission, including any information, text, social media posts, tags or any other content (collectively, “Your Content”) and otherwise submitting a Submission for consideration, you represent that (a) the Submission and Your Content is truthful, original to you, and does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including any patent, trademark, publicity, privacy, moral, trade secret, copyright and/or other proprietary rights, and does not violate any applicable federal, state or local laws or ordinances, (b) you own or have the necessary licenses, rights, consents and permissions to use and allow the use of the Submission and Your Content, including any and all patent, trademark, publicity, privacy, moral, trade secret, copyright, and/or other proprietary rights therein, (c) you have the written consent, release, and/or permission of each and every identifiable person in the Submission and Your Content (to the extent applicable) to use such person’s name or likeness in the Submission and Your Content for the uses contemplated herein and (d) you specifically agreed that Enhanced does not encourage or advocate you engage in any activity or take any substance that could cause a risk of injury, damage or death and we specifically discourage all individuals, including, without limitation, you, from taking any such undue risks or engaging in any such risky behaviors. YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN IN THE CREATION OF YOUR CONTENT. You represent that you have not copied or in any way taken any of the Submission or Your Content from any third party. Further, by making or submitting a Submission and Your Content, you expressly grant the Released Parties a perpetual, worldwide, royalty-free, sublicensable, and transferrable right and license to host, store, modify, use, distribute, reproduce, excerpt, adapt, prepare derivative works of, publicly perform and display, publish, and make any other use of your Submission and Your Content in any and all media now known or hereinafter devised, as determined by Enhanced in its sole discretion. This includes, but is not limited to, the right and license to modify, use, distribute, reproduce, excerpt, adapt, prepare derivative works of, publicly perform and display, publish and make any other use of the Submission and Your Content and all aspects thereof: (a) in and in connection with any product, recording, video, advertisement, documentary, series, or any advertising or promotional material; and (b) on Enhanced.org, or any other website, webpage or social media site owned, operated by or related to Enhanced. You grant Enhanced the right and license to use the Submission and Your Content and all aspects thereof, as set forth herein, in any way Enhanced determines whether with or without providing any attribution or compensation to you, except where prohibited by law. Notwithstanding the foregoing, you expressly acknowledge and agree that nothing herein shall require Enhanced to utilize any portion of Your Content. You agree to indemnify and hold harmless the Released Parties (from and against any and all costs, damages, losses and expenses (including attorneys’ fees) arising from any third party trademark, copyright, intellectual property, right of publicity or other claims arising out of the use of the your Submission or Your Content.
  8. Publicity; Marketing: Except where prohibited by law, your participation in this Request for Submissions constitutes your express and irrevocable consent to Enhanced’s and its agents’ worldwide use of Your Content, including without limitation your name, likeness, biographical details and any other information you may submit or Enhanced may obtain in connection with your Submission for promotional, marketing and trade purposes in any and all media now known or hereafter discovered, without further payment or consideration; including without limitation placement on Enhanced’s websites, social media accounts, and mobile applications. In addition, except where prohibited by law, your participation in this Request for Submissions constitutes your consent to Enhanced contacting you at a later date to inquire further and potentially gain more information about your Submission or your experiences with Enhanced overall. You expressly acknowledge and agree that your Submission and Your Content may be accessible by others and that there is no confidentiality or privacy with respect to your Submission and Your Content. In addition, the information provided by you in your Submission may be used by Enhanced for the purpose of delivering its products and services, to inform you of other products or services available, or to contact you about your opinion of current and new products and services that may be offered. We may use your contact information in order to send you promotional e-mails, postal mail or other communications regarding products or services we may offer.
  9. Additional Legal Conditions: This Agreement contains the entire understanding between the parties and supersedes all prior agreements or understandings, whether written or oral. This Agreement shall be governed by and construed in accordance with the laws of the Cayman Islands, excluding its conflict of law principles. Any disputes arising out of or in connection with this Agreement will be resolved in courts of the Cayman Islands. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

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