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Magic Leap Independent Creator Program Terms

EFFECTIVE DATE: November 15, 2018

Thanks for your interest in Magic Leap’s Independent Creator Program (the “Program”)! The Program is governed by these Independent Creator Program Terms (these “Terms”), so please read these Terms carefully before submitting an Entry (as defined below) to the Program. Your submission of an Entry to the Program constitutes your agreement to these Terms, and you may not submit an Entry to the Program and won’t be eligible to receive any prizes described in these Terms unless you agree to these Terms. These Terms form a binding legal agreement between you and Magic Leap, Inc. (“Magic Leap”) with respect to the Program. Additional information regarding the Program may be communicated to you via the email address you provided in the Entry.

Section 17 of these Terms contains an arbitration agreement, which will, with limited exception, require you to submit claims you have against Magic Leap to binding and final arbitration.

1. Program Overview. Developers (as defined below) may submit their ideas for an application for distribution on Magic Leap’s platform (each submission, an “Entry,” and each application described in an Entry, an “App”). Magic Leap will judge all eligible Entries and select Developers to receive prizes for their Entries, as further described below.

2. Program Period. The Program will begin on November 15, 2018 at 12:00 pm ET (the “Program Start Date”) and end when the last Grant Recipient (as defined below) is announced, which will be on or before February 15, 2019 at 11:59pm ET (such period, the “Program Period”).

3. Entrant Eligibility. You are eligible to participate in the Program if: a. you are 18 years old or older, b. you have agreed to Magic Leap’s Creator Agreement (which is required in order to access Magic Leap’s Creator Portal) and these Terms, and c. you are not (i) an employee, contractor, director, advisor, consultant (or an immediate family member of anzy of the foregoing) of Magic Leap or any of its affiliates, or (ii) an employee of a supplier, vendor, or retailer of Magic Leap or any of its affiliates.

4. Applying as an Individual or Team. All eligible individuals can enter the Program as an individual or as a team. Each eligible Program participant, whether an individual or team, will be referred to in these Terms as a “Developer”.

5. How to Enter. Developers may submit an Entry starting on the Program Start Date and ending on December 15, 2018 at 11:59pm ET (such period, the “Submission Period”) by visiting and following the instructions. Developer is responsible for any costs and expenses incurred in submitting this Entry, including any travel and living expenses, for its participants.

6. Entry Eligibility. An Entry will be eligible to win a prize if the Entry is: a. completed in its entirety in accordance with the applicable instructions, b. submitted during the Submission Period, c. in the English language, and d. the Developer’s original work, or if the Entry includes any content owned by a third party (“Third Party Content”), the Developer has permission from the owner of the Third Party content to submit the Entry to the Program and grant Magic Leap all rights that are granted under these Terms.

7. Entry Ownership; Independent Development. As between Developer and Magic Leap, Developer shall own all right, title, and interest in and to all Entry content submitted by Developer (including the App it describes), subject to the rights granted to Magic Leap under Section 12 below. Magic Leap takes no responsibility and assumes no liability for any Entry content submitted by you or any third party. Nothing in these Terms prevents Magic Leap or other developers who may have relationships with Magic Leap from developing or having developed products, content, software, concepts, systems or techniques that are similar to or compete with products, content, software, concepts, systems or techniques that Developer may develop pursuant to its Entry. Developer acknowledges that multiple products may be in simultaneous development for Magic Leap’s platform at any time.

8. Prizes. Each Grant Recipient will be offered a prize consisting of: (a) A Magic Leap One device (or if the Grant Recipient is a team, a reasonable number of devices to be shared by the Grant Recipient team), (b) a grant in the amount of $20,000 to $500,000, to be determined in accordance with Section 9, and/or (c) reasonable development support from Magic Leap, in its sole discretion, to assist Grant Recipient in the development of the App. The number of prizes offered depends on the number of Developers who are chosen as Grant Recipients and the grant amounts offered, each in accordance with Section 9.

Magic Leap may also offer Grant Recipients other benefits, as described in the Grant Terms (as defined below). A Grant Recipient’s receipt of a prize will be subject to the Grant Recipient’s agreement to additional terms and requirements (the “Grant Terms”) that will be provided to the Grant Recipient when Magic Leap notifies the Grant Recipient in accordance with Section 11, including, without limitation, the payment schedule and milestone requirements for Magic Leap’s payment of the grant, and developing and publishing the App within a specific timeframe and in accordance with Magic Leap’s standard publishing terms and content guidelines. Any Grant Recipients who do not agree to the Grant Terms will forfeit their prize and such prize may remain unawarded. Grant Recipients who accept a prize will be responsible for all applicable taxes related to that prize. The Grant Recipients of any prize with a value of $600 or greater will be issued a 1099 U.S. Tax Form for the retail value of the prize and may be required to provide additional tax-related documentation in connection with the prize. The odds of a Developer winning a prize depends on the quality of the Developer’s Entry, as measured against the judging criteria described below. Any transfer or substitution of prizes will be at Magic Leap’s sole discretion.

9. Judges; Judging Criteria. All Entries will be judged by seven (7) judges who are Magic Leap personnel. Eligible Entries will be judged based on the following criteria: (1) 20% App category (e.g., entertainment, productivity, enterprise, etc.), (2) 20% novelty and merit of the concept within the App category, (3) 20% diversity of the Developer, (4) 20% development risk assessment (pedigree of Developer, development time given the team size, complexity of development challenges, compliance with application submission agreements and guidelines provided by Magic Leap), and (5) 20% engagement loop (how likely is a user to return frequently to the App).

When evaluating an Entry, each judge will vote on whether the Developer of the Entry should receive a prize, based on the above criteria. If the majority of judges vote in favor of offering the Developer a prize, then the judges will determine the grant amount (between $24,000 to $500,000), based on the above criteria. The judges must approve any grant amount by a majority vote. The Developer will then receive such prize, subject to availability and these Terms.

10. Judging Period. The judging period for each Entry will be thirty (30) days after Developer submits the Entry (the “Judging Period”).

11. Grant Recipients. If the judges vote to offer a Developer a prize (each such Developer, a “Grant Recipient”), Magic Leap will notify the Grant Recipient by email (to the email address provided with the Entry) within thirty (30) days after the end of the Judging Period. To obtain the first name, last initial, city and state of the Grant Recipient(s), send a separate self-addressed, stamped envelope marked “Independent Creator Program Grant Recipients List” to Magic Leap. Requests for Grant Recipients list must be received no later than 90 days from the last day of the Program Period (residents of Vermont and Washington need not include return postage). Magic Leap is not responsible for and will not be liable for late, lost, misdirected or unsuccessful efforts to notify a Grant Recipient. In the event a Grant Recipient does not accept a prize, a Grant Recipient is ineligible, or the prize or prize notification is not deliverable, the Grant Recipient will not receive a prize. Magic Leap’s selection of Grant Recipients will be final and cannot be appealed.

12. Grant Recipient Releases and Licenses. Your Entry is considered non-confidential, and Magic Leap has no obligations with respect to such Entry. By accepting a prize, each Grant Recipient hereby grants to Magic Leap and its affiliates the perpetual, worldwide, irrevocable right and license to use, copy, publicly perform, publicly display, and distribute Developer’s name(s) and the contents of its winning Entry (in whole or in part, including descriptions or Developer-provided footage, stills or related materials for the App it describes) for advertising and promotional purposes, in any media now existing or later developed, without any additional compensation or permissions. Where lawful, the Grant Recipients may be required to sign and return an affidavit of eligibility, release of liability, and/or publicity release.

13. Developer Representations and Warranties. Developer represents and warrants that: (a) all content in Developer’s Entry is the Developer’s original work, or if the Entry includes any Third Party Content, the Developer has permission from the owner of the Third Party Content to submit the Entry to the Program and grant Magic Leap and its affiliates all rights and licenses that are granted under these Terms (including, without limitation, the rights granted under Section 12); and (b) Developer’s submission of the Entry to the Program, and Magic Leap and its affiliates’ use of the Entry as permitted under Section 12, will not: (i) violate any third party’s intellectual property rights, rights of publicity, or other rights, (ii) violate any applicable law, or (iii) result in Developer’s (or any of its members’) breach of or default under any agreement or arrangement by which Developer (or any of its members) is bound.

14. Developer Indemnification. Developer will defend Magic Leap and its affiliates’ directors, officers, employees, contractors, agents, and representatives (collectively, “Indemnitees”) and hold harmless from and against any actual or threatened suits, actions proceedings (at law or in equity), and claims (“Claims”), and indemnify the Indemnitees for any and all damages, liabilities, costs and expenses (including reasonable attorneys fees) arising from the Claim, if such Claim relates to: (a) Developer’s breach of any representations or warranties under these Terms, (b) the Entry, or (c) Developer’s participation in the Program.

15. Disqualification. Magic Leap reserves the right, in its sole discretion, to disqualify any Developer (or Developer team member) from the Program, and ban any Developer (or Developer team member) from participating in any future Magic Leap programs, contests or other promotions, who (a) violates these Terms, (b) attempts to interfere with the Program’s submission process or any other part of the Program, or (c) attempts to undermine the legitimate operation of the Program.

16. Right to Modify, Suspend, or Cancel Program. Magic Leap may modify, suspend, or cancel the Program, in its sole discretion, if Magic Leap determines that the fairness and/or integrity of the Program is compromised for any reason.

17. Other Terms. THE PROGRAM IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations. NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. This Program and these Terms are governed by Florida law. If there is any dispute under these Terms or otherwise relating to the Program, you expressly agree that all such disputes will be solely governed by the venue and Agreement to Arbitrate and Waiver of Class Action provisions in the Account Terms and Conditions, which are located at (the “Account Terms”). Please read the Agreement to Arbitrate and Waiver of Class Action carefully and understand your rights. In addition, the Program and all Entries are subject to Magic Leap’s Privacy Policy and additional terms located at Neither party may assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of the other party, provided, that, Magic Leap may assign these Terms to any of its affiliates or in connection with a merger, acquisition, or sale of all or substantially all of its assets without the prior written consent of the other party. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. All rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will remain in full force and effect. These Terms are the entire agreement of the parties regarding the subject matter hereof, superseding all other agreements between them, whether oral or written, regarding the subject matter hereof.

Copyright © 2018 Magic Leap, Inc. 7500 W. Sunrise Blvd., Plantation, FL 33322. All rights reserved. Magic Leap, Magic Leap One, and the associated logos are registered and unregistered trademarks of Magic Leap, Inc.

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