Terms of Use

ACCEPTANCE OF TERMS

Welcome to Hop Culture (“Hop Culture,” “we” or “us”) and our website Terms of Use (these “Terms”). These Terms are important and affect your legal rights, so please read them carefully. Note that Section 18 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By accessing or using HopCulture.com and various related services (collectively, the “Site”), you agree to be bound by these Terms and all of the terms incorporated herein by reference. After reviewing these Terms, please indicate your acceptance by providing information regarding yourself, checking the box, and clicking the “I Agree” button, all at the bottom of these Terms.

By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Site or any features provided on the Site. By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site.

These Terms may be revised at any time for any reason, and Hop Culture may provide you notice of these changes by any reasonable means, including by providing notice through the Site. You can determine when we last updated the Site by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use the Site, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site.

REGISTRATION AND PERSONAL DATA

In order to access and use certain areas or features of the Site, you will need to register for an account. Each registration is for a single user only. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. Any changes to your registration information may be made by sending such changes to hello@hopculture.com. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

By creating an account, you also consent to receive electronic communications from Hop Culture (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

LICENSE TO ACCESS AND USE THE SITE AND CONTENT

Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, Hop Culture logos and all designs, text, graphics, pictures, information, data, software, User Content (as defined in Section 6), other files and the selection and arrangement thereof (collectively, “Content”) are the property of Hop Culture or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non- sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.

However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Hop Culture or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

TRADEMARKS

The Hop Culture logo, and any other Hop Culture product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on the Site are the property of Hop Culture or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Hop Culture or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.

LEGAL REQUIREMENTS; PRIVACY

Policy Hop Culture is committed to processing and protecting the personal data collected through the Site when you use the Site in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal data, including, if applicable to you, the European Union General Data Protection Regulation. Hop Culture’s policy is to retain personal data necessary to provide our services, except that we may retain your personal data for longer periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to “unsubscribe” from further messages from us. This policy applies to personal data that you or others provided to us and personal data generated or inferred from your use of our services. When Hop Culture is the data controller, we will decide how your personal data is processed and for what purposes. For additional information about your rights and your personal data, what data is collected, how it is processed, protected, shared, and how long it is retained, please see the Hop Culture’s Privacy Policy located at https://hopculturestg.wpengine.com/privacy-policy/.

Where Hop Culture has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Hop Culture may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.

We implement a number of security features to help guarantee and ensure to the greatest extent possible that your information is safe. We use industry standard technologies when transferring and receiving user data exchanged between Hop Culture and third parties to ensure its security.

User data may be stored on servers maintained by our third party partners and subject to their security safeguards which are periodically audited, with certifications from accreditation bodies across geographies and verticals. All financial transactions are made securely. Please see Hop Culture’s Privacy Policy located at https://hopculturestg.wpengine.com/privacy-policy/ for additional information relating to the privacy and security of information collected hereunder.

USER CONTENT

You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR. You agree that you will not, and will not permit anyone else to, directly or indirectly:

• Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
• Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
• Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

RIGHTS IN USER CONTENT

We do not claim any ownership interest in your User Content.

However, by uploading, posting or submitting User Content to the Site or to our pages or feeds on third party social media platforms (e.g., Hop Culture’s Facebook page, LinkedIn page or Twitter feed), you hereby grant Hop Culture a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, however, Hop Culture will only share personal information that you provide in accordance with our Privacy Policy at https://hopculturestg.wpengine.com/privacy-policy/

You acknowledge and agree that Company may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Hop Culture, its customers or the public.

FEEDBACK

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Hop Culture, the Site or the services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Hop Culture. Hop Culture shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

LINKED SITES

We have not reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Hop Culture. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Hop Culture reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Hop Culture. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

INDEMNIFICATION

You shall indemnify, hold harmless, and, at Hop Culture’s option, defend Hop Culture from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Hop Culture resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Site, any User Content that you Transmit to or through the Site, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or any of its features. You further agree that Hop Culture shall have control of the defense or settlement of any third party claims, unless Hop Culture exercises its option to require you to defend Hop Culture. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Hop Culture.

MODIFICATIONS TO THE SITE

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time.

SPECIAL ADMONITIONS FOR INTERNATIONAL

Use This Site is hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.

TERMINATION

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

GOVERNING LAW AND JURISDICTION

These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of Delaware, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina shall not apply. Except as otherwise provided in Section 13, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state courts in Delaware, U.S.A., or the United States District Court for Delaware, and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms, and you agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.

NOTICE

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Hop Culture at the following contact: hello@hopculture.com. Any notices to you may be made via either e-mail or postal mail to the address in Hop Culture’s records or via posting on the Site. Please report any violations of these Terms to Hop Culture at the contact listed above.

SEVERABILITY

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Hop Culture’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Hop Culture, LLC
Attn: James Smith
1213 W. Morehead St., #220
Charlotte, NC 28208
[email protected]

MISCELLANEOUS

These Terms constitute the entire agreement between you and Hop Culture relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Hop Culture. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Hop Culture’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Hop Culture Giveaway Terms and Conditions

THIS PROMOTION IS NOT OPEN TO THE GENERAL PUBLIC. TO ENTER OR BE SELECTED, YOU MUST BE AN ELIGIBLE ENTRANT (AS DEFINED BELOW). NO
PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Agreement to Terms and Conditions

Participation in this promotion (the “Promotion”)
constitutes Eligible Entrant’s full and unconditional agreement to and acceptance of the Terms and Conditions set forth herein (the “Terms and Conditions”). The Promotion is sponsored by Hop Culture, LLC, 21 S. Front St, Wilmington, NC 28401 (collectively, “Hop Culture”, or “we”,
“us”, or “our”, as applicable).

Winning a prize is contingent upon fulfilling all requirements set forth herein and the decisions of Hop Culture, which are final and binding in all aspects of this Promotion, including but not limited to Hop Culture’s determination of the winners. This Promotion is not affiliated with or sponsored, sanctioned, or endorsed by or in any way in association with Instagram. Instagram has no liability or responsibility for any claim arising in connection with this Promotion or any prize(s) awarded in connection therewith. Any questions, comments, or complaints regarding the Promotion must be directed to Hop Culture, and not to Instagram. You are providing your information to Hop Culture, and not to Instagram.

Eligibility

This Promotion is open only to individuals who are legal residents of, and physically located within, the fifty (50) United States (including D.C.), and who are the age of majority or
older at the time of entry (each, an “Eligible Entrant”), excluding employees of Hop Culture, its affiliates, and members of their immediate families (spouses, parents, children, and siblings and their respective spouses), and those living in the same household as each. The Promotion is subject to all applicable federal, state, provincial, and local laws and regulations. This Promotion is void where prohibited or otherwise restricted by law, including but not limited to any jurisdictions with laws that would require any registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these Terms and Conditions.

Promotion Period

The Promotion period will run from for the period set forth in the Instagram post associated such Promotion (the “Promotion Period”). Hop Culture’s computer shall be the official time-keeping device for the Promotion.

To Enter

To enter the Promotion, during the Promotion Period, an Eligible Entrant must submit an entry as follows:

Instagram Comment Submission

To register to enter the Promotion, during the Promotion Period an Eligible Entrant must (i) access the Hop Culture brand page on the Instagram
application on Eligible Entrant’s compatible device; (ii) like the Promotion post on the Instagram page about the Promotion; (iii) follow such Instagram page; and (iv) tag one Eligible
Entrant’s (1) Instagram followers in the comments to the Instagram page about the Promotion. There is a limit of one (1) entry per person/Instagram account in this Promotion. The use of an agency or any automated system to enter is strictly prohibited and Hop Culture reserves the right to disqualify any entries received through such methods, as determined by Hop Culture, in its sole discretion.

To enter the Promotion in this method, you must be an active holder of a non-private Instagram account (holders of private account settings may not enter in this method). If you do not have the Instagram application, you may download it through the application store on your device.

The Instagram application is free, and Instagram’s Terms of Use apply. For details, visit https://www.instagram.com/about/legal/terms/before-january-19-2013/ .

Drawing; Odds of Winning

After the Promotion Period, Hop Culture will select winners in a random drawing of all eligible entries received during the Promotion Period. The odds of being selected depend on the number of entries received.

Additional Terms

If you enter the Promotion using a mobile device on a wireless service provider’s network (as opposed to a Wi-Fi network), your carrier’s text and data rates will apply.
You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. By entering the Promotion, each
Eligible Entrant represents, warrants, and covenants that they have the right and power to enter the Promotion and perform all of its obligations. Entrants acknowledge that any breach or
violation of these Terms and Conditions or the Instagram Terms of Use shall immediately disqualify the Eligible Entrant during the Promotion.

Notification and Requirements of Potential Winners

The potential winner(s) will be notified via Instagram private messenger within two (2) days following selection and within comments under Giveaway post. Hop Culture shall have no liability for any winner’s failure to receive notices due to Instagram privacy settings or other security settings, or for the potential winner’s failure to respond within the required time frame.

The potential winner must sign (and winning is contingent upon the winner signing) an Affidavit of Eligibility, assignment and other documentation relating to the Prize (as defined below) that will be sent via email (“Winner Agreements”). The Winner Agreements must be returned to Hop Culture within 48 hours in order for the winner to be officially recognized. If the winner is unable to accept the Prize, or if the winner does not return the signed Winner Agreements within 48 hours after Hop Culture’s emailing of the same, Hop Culture may automatically disqualify the winner and may select another winner in accordance with this Section. Among other things, the winner must agree to grant Hop Culture permission to use his/her/their name, photograph and likeness for advertising and Promotion of this and similar Promotions and/or the Hop Culture’s products or services without additional compensation, unless prohibited by law; and the winner must sign any applicable forms required by tax authorities.

A Prize will only be awarded to the winner if they comply with all of these Terms and Conditions and the terms and conditions of the Winner Agreements. Entrants may request a list of winners by mailing a request to Hop Culture, Attn: Grace Weitz, 21 S. Front St, Wilmington, NC 28401. Requests for list of winners must be received within six (6) months following the end of the Promotion Period. Prizes will be fulfilled approximately one (1) week after the conclusion of the drawing, and Prizes will be fulfilled by Hop Culture.

Hop Culture may automatically disqualify the winner and may select another winner in accordance with this Section. A Prize will only be awarded to the winner if they comply with all
of these Terms and Conditions and the terms and conditions of the Winner Agreements. Prize(s). The winner(s) will receive the prize set forth in the Instagram post associated such
Promotion (“Prize”). The Prize is provided as-is with no guarantee. All warranties, whether express or implied, including the warranties of merchantability and fitness for a particular
purpose, are hereby disclaimed by Hop Culture. All Prize details are at Hop Culture’s sole discretion. The Prize is non-transferable and non-assignable, and will be provided only to the
winner, with no substitutions except at Hop Culture’s sole discretion. The winner is fully responsible for any and all applicable federal, state, and local taxes associated with Prize use or
acceptance. All costs and expenses associated with Prize acceptance and use not specified herein are the sole responsibility of the applicable winner. No interest will be paid on any Prize.
Other restrictions may apply.

Privacy

By participating in the Promotion, Eligible Entrant authorizes Hop Culture to collect, use, process, transfer, and store all data provided by Eligible Entrant, including without
limitation, personal data, to the United States, or any location(s) throughout the world that Hop Culture deems necessary, whether within Eligible Entrant’s country of residence or elsewhere, and with such party(ies) as Hop Culture deems appropriate, for purposes of administration of the Promotion. All information submitted to Hop Culture as part of this Promotion will be treated in accordance with Hop Culture’s privacy policy, available at [https://www.hopculture.com/ccpa-privacy-notice/].

Hop Culture will only use Eligible Entrant’s personal information to: (a) provide information about the Promotion; (b) contact and publicize the individual selected; and/or (c) if
an Eligible Entrant selects to receive additional information from Hop Culture, to send additional information to that Eligible Entrant during or after the Promotion Period. Eligible Entrants to the Promotion may be given the option to receive commercial e-mails from Hop Culture; however, eligibility to participate in the Promotion is not dependent upon Eligible Entrant’s consent to receive such e-mails. Eligible Entrants must fully complete and submit all non-optional data Hop Culture requests to be eligible.

Publicity

Except where prohibited by law, participation in the Promotion constitutes an entrant’s consent to Hop Culture’s use of their name, likeness, voice, opinions, biographical
information for promotional purposes in any media without further payment or consideration. Release, Indemnification and Limitation of Liability: By participating in the Promotion,
Eligible Entrant agrees to release and hold harmless Instagram, Hop Culture, and Hop Culture’s subsidiaries, affiliates, sales representatives, distributors, licensees, agents, advertising and
Promotion agencies, and all directors, officers and employees of any of the foregoing entities (collectively, the “Released Parties”) from and against any claim or cause of action arising out
of participation in the Promotion, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incorrect, garbled, or incompletely received entries; (e) errors in the administration of the Promotion or the processing of entries; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Eligible Entrant participation in the Promotion or acceptance, receipt, use, or misuse of any prize; or travel to any Promotion- related events; and (g) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery. In the event that Eligible Entrant breaches any of these Terms and Conditions, Released Parties shall be entitled to and may seek indemnification from Eligible Entrant for recovery of all legal fees, damages, costs, claims and other expenses that may be incurred by Released Parties as a result of the aforementioned breach. Eligible Entrant further agrees to release the Released Parties and their designees and assigns from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses and damages of any kind arising out of or in connection with the Promotion or acceptance, possession, or use of any prize (including, without limitation, attorneys’ fees, claims, costs, personal injuries, losses and damages related to personal injuries, death, damage to or destruction or property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Hop Culture is not responsible if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

General Conditions

If any provision of these Terms and Conditions are held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law. Hop Culture reserves the right, at its sole
discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Terms and Conditions. If Hop
Culture determines, in its sole discretion, that the Promotion is compromised by virus, bug, robot entries, or other corruption of the administration, security or proper operation of the Promotion, then, at its sole discretion, Hop Culture can either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Terms and Conditions, or (b) award the Prize from among the non-suspect, eligible entries received up to the time of the impairment. In the event of any non-compliance with any requirement stated herein, the winner’s Prize may be forfeited and awarded to an alternate winner. Unless otherwise prohibited by law, as a condition to participating in the Promotion or receiving any Prize awarded by this Promotion, Eligible Entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any
Prize awarded, shall be resolved individually, without resort to any form of class action, and will be determined by final and binding individual dispute resolution under the applicable arbitration rules of JAMS; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will Eligible Entrant be entitled to received attorneys’; fees or other legal costs; and (3) under no circumstances will Eligible Entrant be permitted to obtain awards for, and Eligible 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.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Eligible Entrant and Hop Culture in connection with this Promotion, shall be governed by, and construed in accordance with the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Delaware. These Terms and Conditions (together with the Terms Of Use included on the Hop Culture Platform and Winner Agreements) set forth the entire agreement, and supersede any and all prior agreements of the parties with respect to the subject matter hereof.