VAPORESSO Sparkling Creative Design Contest Official Rules

These rules (“Official Rules”) are the complete, official rules for the VAPORESSO Sparkling Creative Design Contest (the “Contest”). Contest Sponsor reserves the right to disqualify any Participant who is found to breach these Official Rules.

The Contest is sponsored by Smoore Labs, 7901 Stoneridge Drive, Suite 208, Pleasanton, CA 94588 (“Sponsor”).

CONTEST PERIOD: The Contest period shall begin on April 14, 2023 at 12:00:01 A.M. Eastern Time (“ET”) and shall continue to run until September 14, 2023 at 11:59:59 P.M. ET (“Contest Period”). There will be two rounds of the Contest. The first round shall begin on April 14, 2023 at 12:00:01 A.M. Eastern Time (“ET”) and shall continue to run until June 14, 2023 at 11:59:59 P.M. ET (“Round 1”). The second round shall begin on June 16, 2023 at 12:00:01 A.M. Eastern Time (“ET”) and shall continue to run until September 14, 2023 at 11:59:59 P.M. ET (“Round 2”). Submissions received after the Contest Period will not be considered valid submissions.

It is the Participant’s responsibility to check the website regularly throughout the Contest to stay informed of any new or updated deadlines. Sponsor is not responsible for any Participant’s failure to do so.

Note: Sponsor’s computer is the official timekeeping device for this Contest.

ELIGIBILITY: The Contest is a contest of skill open only to who is 21 years of age or older (a “Participant,” “you,” or “entry”). The following individuals are not eligible to participate or to submit Submissions: (i) employees of Sponsor, and any of their affiliate companies or subsidiaries; (ii) family members (spouse, parents, siblings, and children) of any individual referred to in clause (i), and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above. This Contest is subject to all federal, state, and local laws and regulations and is void outside the United States and where prohibited by law.

To be eligible for entry, the copyright or other intellectual property rights for all Submissions submitted to the Contest must be owned by an eligible contestant. Submitted work must be original to entrant, and entrant must have the right or authority to enter and publish the work. Unauthorized or infringing Submissions will be disqualified.

Each Submission: a. Cannot defame, misrepresent, or contain disparaging remarks or images about Sponsor or its products or other people, products, or companies; b. Cannot communicate any message inconsistent with the positive image and goodwill with which Sponsor wishes to associate. Without limitation, this means that your Submission cannot contain materials that are threatening, harassing, degrading, hateful, intimidating, obscene, indecent, pornographic, violent, or otherwise objectionable, as determined by Sponsor in its sole discretion; c. Cannot violate any law; and d. Cannot contain materials embodying the names, likeness, or other indicia identifying any other person, living or dead, unless you have express permission from that person (or, if such person is a minor, from his or her parent or legal guardian) to use his or her name, likeness, or other indicia in connection with this Contest. You will provide Sponsor with proof of such permission upon Sponsor’s request.

Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Submission for any reason.

Sponsor is the sole judge of eligibility and may determine that a Submission or Participant is ineligible to participate in the contest for a variety of reasons not described here but at the sole discretion of Sponsor.

AGREEMENT TO OFFICIAL RULES: Participant’s participation in the Contest constitutes Participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. By participating in the Contest and submitting a Submission, Participant expressly agrees to participate in supporting marketing and other promotions and endorsements for Sponsor and its partners. Sponsor may display Submission photos on its website or on other promotional materials without attribution or any compensation owed to Participant.

SUBMISSION REQUIREMENTS: HOW TO ENTER: Each eligible Participant may participate by visiting https://www.vaporesso.com/activity/fun-with-innovation and uploading an original design for the XROS 3 NANO products. Participants must also complete all required fields of the entry form, including providing your full name and email address. Participants are limited to a single Submission during the Contest Period. Product Designs will be displayed on the Contest Website.

Submissions must be received prior to the Contest deadline and adhere to the guidelines for Submissions specified in the Official Rules and on the Contest Website.

Submissions that do not meet the requirements set forth in these Official Rules will be disqualified and ineligible to win.

INTELLECTUAL PROPERTY: By entering your Submission in the Contest or submitting additional photographs related to the Contest, you hereby grant Sponsor and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers), and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform, and display your Submission, in any and all media, in whatever form, for any legal purposes whatsoever now known or that hereinafter become known. Each Participant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her. By uploading a submission, Participant is expressly warranting that they own or are licensed to enter the photo in the Contest and that their Submission does not infringe the intellectual property rights of any third party.

PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Sponsor personnel will judge the completeness and value of the submissions as provided below to award prizes.

Six (6) winners will be selected at the end of Round 1 and six (6) winners will be selected at the end of Round 2 based on the number of votes they receive for Product Design:

• First Prize: The Participant in each round with the most votes will receive an iPad Pro.

• Second Prize: The Participant in each round with the second and third most votes will receive an Apple Watch.

• Third Prize: The Participant in each round with the fourth, fifth and sixth most votes will receive Airpods.

The ARV of each prize represents Sponsor’s good faith determination. Additionally, the winners’ designs will be featured on the XROS 3 NANO product.

Each prize is nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value for any reason as determined by Sponsor in its sole discretion. The winners will be responsible for all applicable federal and local taxes on the receipt and use of the prize and all other costs and expenses not specifically mentioned herein. You agree that Sponsor shall not be liable for any damages or losses you incur using or related to the Prize.

SELECTION OF POTENTIAL WINNERS: Product Designs will be displayed on the Contest Website for the public to vote on their favorite design. All Submissions will be judged based on the number of votes they receive from the public on the Contest Website for their Product Design. No prize will be awarded, and the contest deemed void, if fewer than 6 total Submissions are received. Prize awards are subject to verification of eligibility and compliance with these Contest Rules. All decisions of the Contest Sponsor and the Jury will be final and binding on all matters relating to this Contest.

The Contest Winners for Round 1 will be notified by email and announced on the Contest Website on June 15, 2023. The Contest Winners for Round 2 will be notified by email and announced on the Contest Website on September 15, 2023.

WINNERS’ OBLIGATIONS (DELIVERY & DOCUMENTATION): If a prize is valued at $600 or more the potential winner must sign and return an IRS W-9 form within 14 days of notification in order to claim the prize.

• the required documentation is not returned within 14 days after receipt of any request to provide documentation;

• prize notification letter/email or prize is returned as undeliverable; or • potential winner is disqualified for any reason.

By accepting any Prize, each Participant receiving a Prize thereby agrees to the use of his/her name, address, image, likeness, and/or Prize information by Sponsor for promotional purposes in any medium without additional compensation.

DECLINING PRIZES: A Participant may decline to be a Winner by notifying Sponsor directly within one week following the Contest deadline, in which case the declining Participant forgoes any prize or other features associated with winning the Contest. Sponsor reserves the right to disqualify a Participant at its sole discretion if Sponsor deems disqualification appropriate.

RECEIVING PRIZES: After verification of eligibility, the Prize winner will receive the prize through U.S. Mail, as appropriate. Allow 30 days from final confirmation for Prize delivery. Any winners that receive prizes valued over $600 will receive IRS 1099 form in the amount of their prize at the appropriate time. Prize winners are responsible for any taxes, fees, or other liability resulting from their receipt of a Prize regardless of the value of the prize.

WARRANTIES AND OBLIGATIONS

PARTICIPANT WARRANTIES AND OBLIGATIONS: By submitting an entry to the Contest, you agree that you have full right and authority to enter and participate in the Contest. You are solely responsible for your entry. All entry information is deemed collected in the United States.

Participation is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law. You are responsible for checking applicable laws and regulations in your jurisdiction before participating in the Contest to make sure that your participation is legal. You are responsible for all taxes and reporting related to any award that you may receive as part of the Contest.

Each Participant is solely responsible for all equipment, including but not necessarily limited to a camera, computer, and internet connection necessary to access the Website and to develop and upload any Submission, as well as all costs incurred by or behalf of the Participant in participating in the Contest.

By entering a Submission, you represent and warrant that you have the right and authority to make the Submission on your own behalf and that your Submission:

• is your own original work;

• does not contain confidential information;

• does not violate or infringe upon the intellectual property rights, copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;

• does not and will not violate any applicable law, statute, ordinance, rule or regulation; and

• does not trigger any reporting or royalty obligation to any third party.

A breach of any of these warranties will result in the corresponding entry being invalid, as well as other legal obligations.

LIMITATION OF LIABILITY: By participating in the Contest, each Participant agrees to release, indemnify, and hold harmless Sponsor, its respective affiliates, subsidiaries, advertising and promotions agencies, as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions, and any liability of any kind resulting from or arising out of your participation in or association with the Contest or the Contest Prize. Contest Sponsor is not responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software, or virus, or incomplete, late, or misdirected Submissions. Contest Sponsor reserves the right to cancel, modify, or suspend the Contest should any causes beyond the control of Contest Sponsor corrupt the administration, security, or proper play of the Contest, and to determine winners from among Submission not affected by the corruption, if any, in its sole discretion.

Sponsor is not responsible for (a) late, lost, stolen, damaged, garbled, incomplete, incorrect, or misdirected Submissions or other communications, (b) errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines, or (c) data corruption, theft, destruction, unauthorized access to, or alteration of Submission materials, loss or otherwise. Sponsor is not responsible for electronic communications or emails which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in any email account to receive email messages. Contest Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, the Contest.

RESERVATION OF RIGHTS: Contest Sponsor reserves the right to modify the dates and deadlines, and the right to modify, add, or remove additional Contest deadlines for any reason. Sponsor may cancel the Contest entirely, not award the prize, or select an alternate prize if awarding the Contest Prize as originally described or on the original time frame becomes commercially unreasonable arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, pandemics, government orders related to a pandemic, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services. Any changes will be communicated on the Contest Website.

MISCELLANEOUS

PRIVACY: Participants agree that personal data submitted and any other information provided in connection with the Contest may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules and the Privacy Policy found at https://www.vaporesso.com/privacy-policy.

In addition to the uses of personal information described in that Policy, Sponsor will use information you provide through entry into the Contest to administer the Contest.

SEVERABILITY: The invalidity or unenforceability of any provision of these Contest Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Contest Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.

GOVERNING LAW AND VENUE: Participant agrees that: (a) he/she releases and will defend, indemnify, and hold harmless the Promotion Parties from and all any and all Claims from third parties related to Participant’s participation in the Contest; (b) Claims arising out of or connected with this Contest, or the prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in California; (c) Participant submits to sole and exclusive personal jurisdiction to said courts in the State of California for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (d) any and all Claims, judgments, and awards shall be limited to actual damages of out-of-pocket expenses associated with entering this Contest, but in no event attorneys’ fees; and (e) under no circumstances will Participant be permitted to obtain awards for and Participant hereby waives all rights to claim punitive, incidental, and consequential damages or any other damages, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Sponsor in connection with this Contest, shall be governed by and construed in accordance with, the laws of California in the United States, without giving effect to any choice of law or conflict of law rules.