Superhuman Program Terms and Conditions
1. General. Superhuman Platform Inc. (“Superhuman,” “we,” or “us”) invites you to participate in or submit your idea, use case, application, or other requested submission information as part of the contest, promotion, application, grant, discount offer or other program that Superhuman is administering (the “Program,” and such participation or submission, an “Entry”). The terms and conditions below (these “Terms”) govern your Entry and participation in the Program. All Entries must meet the following criteria:
- Entries (including your personal contact details) must be true, accurate, original, non-infringing, and not in violation of any third-party rights (including, by way of example and not limitation, the rights of privacy and publicity), exclusively created, and owned by you, and you must have all rights necessary to submit the Entry.
- Entries may not contain information of any individuals who have not provided their explicit, legally enforceable authorization or any other sensitive information.
- All Entry materials must be in English or, if not in English, you must provide an English translation of the Entry.
- Entries must comply with Superhuman’s Terms of Service, including Superhuman’s Acceptable Use Policy.
- Superhuman reserves the right to reject any applicant or Entry for any or no reason in its sole discretion and without notice.
2. Eligibility. To participate in a Program, you generally must meet any documented requirements set forth for such Program, must be 18 years of age or older and must reside in the United States. However, from time to time, Superhuman may administer Programs that are also open to non-United States residents who are at least the age of majority where they reside as of the time of entry. You may not participate in a Program if you are a resident of a country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize in the Program (including, but not limited to, Brazil, Quebec, Russia, Crimea, Cuba, Iran, North Korea, Syria and any other country designated by the United States Treasury's Office of Foreign Assets Control).
3. Selection Process. Selection of Entries is at Superhuman’s sole discretion. Superhuman’s decisions are final in all matters related to the Program. Superhuman reserves the right to disqualify Entries for any reason. If you are selected as a winner or to otherwise participate in the Program, you may be required by Superhuman to enter into a separate agreement with Superhuman regarding your participation in the Program. Selected applicants will be required to provide additional information (such as taxpayer, KYC, and payment details), be subject to additional review (such as a background check or identity verification) and accept additional terms regarding the Program, including additional Program participation requirements. You acknowledge that Superhuman has no obligation to select, post, or use any Entry or to respond to you in any way.
4. Application Period. The application period for the Program commences and ends on time and date set forth in the applicable Program web page, unless extended by Superhuman in its sole discretion. Superhuman reserves the right, in its sole discretion, to modify, suspend, or cancel the Program at any time for any reason.
5. Intellectual Property. By applying to join the Program, you hereby represent and warrant that your Entries are your original works of authorship, do not contain information that you or any third party considers to be confidential, do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the Entry contains any material or elements that you do not own or that are subject to the rights of third parties, then you represent that you have obtained, prior to submission of the Entries, any and all releases and consents necessary to permit Superhuman and its affiliates to use the Entry without additional compensation to evaluate your application and as otherwise described in the User Agreement.
6. Publishing Commitment. In the event that the Program involves Superhuman’s selection of Entries that are intended to be displayed publicly, your selection and any applicable prize is contingent upon your Entry remaining publicly displayed. You acknowledge that such Programs are designed by Superhuman for the purpose of highlighting and promoting Entries, and you agree that by participating in a Program and accepting any award or other consideration, you will keep the applicable Entry displayed for a reasonable period of time following the conclusion of the Program (including for up to one (1) year).
7. Publicity Rights. By making a Entry, you hereby grant to Superhuman a royalty free, irrevocable, perpetual and worldwide license to use and display your name, your likeness in a photography or video, your company, and your company logo on Superhuman’s websites, apps, and/or social media pages and accounts for purposes of marketing and promoting your submission, the Program, or Superhuman’s products and services, without compensation of any kind or further notice to or approval from you or any third party. You understand and agree that these materials are the property of Superhuman. Notwithstanding the foregoing, Superhuman has the right, but no obligation to promote, market, highlight, or display you, your company, or your Entry.
8. Account Credits. The following shall apply with respect to account credits that may be awarded to you in connection with a Program (“Account Credits”). Account Credits can only be redeemed by you against paid subscription fees in future billing cycles. The Account Credits are not redeemable for cash and have no cash value. Account Credits cannot be transferred to another user or any other account than the account to which the Account Credit was originally awarded (including other accounts created or owned by you) and cannot be redeemed against past transactions. Any Account Credit redeemable by you is contingent upon your continued compliance with Superhuman’s Terms of Service. Superhuman reserves the right not to permit the redemption of any Account Credits in the following circumstances: Superhuman is prohibited by applicable law from applying or providing Account Credits; Superhuman has discontinued its Account Credit program; and any other reason that Superhuman reasonably deems appropriate, including with respect to circumstances which involve fraud, abuse, misuse, or use of the Program in a manner in which it was not intended (whether suspected or otherwise).
9. Prizes. The following shall apply with respect to cash or other prizes that may be awarded to you in connection with a Program (”Prizes”). A monetary Prize will be mailed to your address, or sent electronically to your bank account, only after receipt of any required forms (collectively the “Required Forms”), if applicable, or by such other means as Superhuman may determine, in each case, at Superhuman’s sole discretion. Failure to provide correct information on the Required Forms, or other correct information required for the delivery of a Prize, may result in delayed Prize delivery, disqualification, or forfeiture of a Prize. Prizes will be delivered within 60 days of Superhuman’s receipt of the completed Required Forms.
10. Fees & Taxes. You are responsible for any fees associated with receiving or using Account Credits or a Prize, including but not limited to, wiring fees or currency exchange fees. You are responsible for reporting and paying all applicable taxes in your jurisdiction of residence (federal, state/provincial/territorial and local). You may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents may be required to provide a completed form W-9 and residents of other countries may be required to provide a completed W-8BEN form. You are also responsible for complying with foreign exchange and banking regulations in your respective jurisdictions and reporting the receipt of the Account Credits or Prize to relevant government departments/agencies, if necessary. Superhuman reserves the right to withhold a portion of the Account Credits or Prize to comply with the tax laws of the United States or other sponsor jurisdiction, or those of your jurisdiction.
11. Disclaimer. SUPERHUMAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE APPLICATION PROCESS OR PARTICIPATION IN THE PROGRAM.
12. General. If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to make another Entry. To the extent there is any conflict between these Terms and Superhuman’s Terms of Service, these Terms will govern. You represent and warrant that you are not an employee or contractor of Superhuman. Superhuman may modify these Terms in its sole discretion.
13. Privacy and Use of Personal Information. Superhuman collects personal information from you when you apply for the Program for the purposes of selecting participants for the Program, administering the Program and contacting you about the Program and Superhuman products and services in accordance with Superhuman’s Privacy Policy.
14. Limitation on Liability. SUPERHUMAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE. THE MAXIMUM LIABILITY OF SUPERHUMAN FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE PROGRAM WILL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00).
15. Relationship of Parties. Nothing set forth herein shall be construed as constituting you and Superhuman as partners, joint venturers, or as creating the relationships of employer/employee, franchiser/franchisee, or principal/agent between the parties.
16. Governing Law and Disputes. These terms and any disputes arising out of or related hereto, will be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The parties acknowledge that these terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law of these terms, any arbitration conducted hereunder shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The state and federal courts located in San Francisco County, California will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these terms or their formation, interpretation or enforcement, including any appeal of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms or the Program. In any action or proceeding to enforce rights under these terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.