Niantic Studio Educational Sponsorship Application - Spring 2025 Terms & Conditions

Dated: January 2025

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED. RESIDENTS OF THE FOLLOWING COUNTRIES ARE EXCLUDED FROM PARTICIPATION; THE BALKANS, BELARUS, BURMA, CHINA, COTE D'IVOIRE (IVORY COAST), CRIMEA, CUBA, DEMOCRATIC REPUBLIC OF CONGO, IRAN, IRAQ, LIBERIA, NORTH KOREA, PAKISTAN, RUSSIA, SUDAN, SYRIA, ZIMBABWE, AND ANY COUNTRY, STATE, PROVINCE OR TERRITORY WHERE THE LAWS OF THE UNITED STATES OR LOCAL LAW PROHIBITS PARTICIPATING OR RECEIVING A PAYOUT IN THE PROGRAM. 

AS A CONDITION OF PARTICIPATING, PARTICIPANT AGREES TO THESE TERMS AND CONDITIONS. The Niantic Studio Educational Program Application (the “Program”) is a program from Niantic, Inc. (“Niantic” or “Sponsor”) designed to support the creation of next-gen immersive XR development using Niantic Studio. By participating or attempting to participate in the Program, you (“Participant”) agree to accept Niantic's decisions as final and binding in all matters. If you violate any of these Terms, your participation, including any Application or Event (defined below), will be void, and you must immediately forfeit any payout (as defined below) that you may have received. Niantic reserves the right to terminate the Program and revoke your access to any or all payouts at any time without prior notice.

1. BINDING AGREEMENT: In order to participate in the Program, you must agree to these Niantic Studio Educational Program Application - Spring 2025 Terms and Conditions (“Terms”). Therefore, please read these Terms prior to entry to ensure you understand and agree. By submitting an Application in the Program, participants agree to these Terms and 8th Wall Terms & Conditions (“8th Wall Terms”) at https://www.8thwall.com/terms. Participants may not submit an Application to the Program and are not eligible to receive any payouts described in these Terms unless they agree to these Terms. These Terms form a binding legal agreement between participants and Niantic with respect to the Program.

2. ELIGIBILITY: To be eligible to participate in the Program, you must: 

(1) be at least the age of majority in your country, state, province, or jurisdiction of residence (and at least twenty (20) years old in Taiwan) at the time of participation; 

(2) not be a resident any of the following countries; the Balkans, Belarus, Burma, China, Cote D'ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Pakistan, Russia, Sudan, Syria, Zimbabwe or any country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a payout in the Program; 

(3) not be a person or entity under U.S. export controls or sanctions;

(4) have access to the Internet as of January 2, 2025; and

(5) be a part of an official university, organization, educational non-profit entity, or other relevant organization (as determined on a case by case basis by Niantic in its sole discretion.

Participants agree that if selected as a payout recipient they will provide any additional necessary information or consents necessary to confirm eligibility as a recipient. Failure to provide additional information or consents will be grounds for disqualification, unless prohibited under applicable law. Void in the Balkans, Belarus, Burma, China, Cote D'ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Pakistan, Russia, Sudan, Syria, Zimbabwe and where prohibited by law. Employees, interns, contractors, and official office-holders of Niantic, its respective subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Niantic Entities”), and members of the Niantic Entities and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, interns, contractors, officers, and directors are ineligible to participate in this Program. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.

3. SPONSOR: The Program is sponsored by Niantic, Inc. (“Sponsor”), with offices at One Ferry Building, Suite 200, San Francisco, CA 94111, USA.

4. APPLICATION AND EVENT PERIODS: The Application Submission period begins at 9:00 AM Pacific Time (PT) Zone in the United States on January 2, 2025 and ends at 11:55 pm PT on May 1, 2025(“Application Period”). The Event period for Selected Participants begins on January 2, 2025 at 9:00 AM PT and ends on May 31, 2025 at 11:15 PM PT (“Event Period”). PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.

5. APPLICATION AND SUBMISSION PHASE 

1. Application Phase: During the Application Period, you must first submit an application (“Application”).
   1. Navigate to 8thwall.com Resources, click on Community and the Educational Program Application, or navigate directly to 8th.io/sponsorship 
   2. Complete application form, one per organization
   3. Applications accepted on rolling basis until date below
   4. Submit all Applications by May 1, 2025at 11:59pm PT

1. Event Phase: For Participants selected to participate in the Event Phase: Submit the project(s) created during your Event no later than 14 business days after the event ended with May 31, 2025 being the latest date an event can held. 
   1. Judges will review Applications, and select Participants from among eligible Applications using the Selection Criteria outlined below (“Selected Participants” or “Selected Organizations”). Selected Participants and/or Organizations will be invited to continue in the Program and move forward with hosting an Event.
   2. Event proposal must be approved by Judges to move forward with the Program and receive payout(s).
   3. Selected Participants or Organizations must use the Program payout towards hosting either a Hackathon or a Workshop (“Event”) featuring the use of Niantic Studio tools:
      1. Hackathon - $5000 USD.
      2. Workshop - $2000 USD.

Participants may use the Program payout at their own discretion solely in order to support and organize hosting an Event, including but not limited to, reserving a venue, providing food, arranging for logistics, distributing swag, etc. 

1. Upon completion of the Event, Participants will share the resulting projects created during the Event with Sponsor (“Projects”). 

Participants may submit an Application individually or with other Participants in an Organization, and up to one Entry per person or Organization per category are allowed, but please note that each Application is only eligible for a single payout.

All Applications must be received by 11:59pm PT on May 1, 2025 and any subsequently received Applications will be disqualified. Applications are void if they are in whole or part incomplete (e.g. do not contain the required information), altered, counterfeit, obtained through fraud, late or otherwise do not comply with the Terms. Applications generated by script, macro or other automated means or by any means which subvert the application process are void.

6. APPLICATION AND EVENT PROJECT REQUIREMENTS: Each Application and Event Project (each an “Entry”)  must also meet the following criteria:

(a) They must not be derogatory, offensive, threatening, defamatory, disparaging, libelous, or contain any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Program.

(b) They must not contain content, material, or any element that is unlawful, or otherwise in violation of or contrary to any applicable federal, state, provincial or local laws and regulations in any state, province or other jurisdiction where Entry is created.

(c) They must not contain any content (excluding Sponsor’s content as required herein), material or element that displays any third party advertising, slogan, logo, trademark, or indicates a sponsorship or endorsement by a third party or commercial entity or that is not within the spirit of the Fund, as determined by Sponsor, in its sole discretion.

(d) They must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material, software or element that is owned by or subject to any rights or licenses of a third party or entity, other than Sponsor’s content and/or materials as required herein, except as expressly approved by Sponsor.

(e) They cannot contain any content, element or material that violates a third party’s publicity, privacy, or intellectual property rights, other than Sponsor’s content and/or material as required herein.

(f) They cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promote any activities that may appear unsafe or dangerous; or promote any particular political agenda or message.

(g) They must follow any additional technical specifications or requirements described on the Program Website/Webpage.

The Entries must be the original work of the Participant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry or video contain any material or elements that are not owned by the Participant, and/or which are subject to the rights of third parties, the Participant is responsible for obtaining, prior to submission of the application or videos, any and all releases and consents necessary to permit the use and exhibition of the application or videos by Sponsor in the manner set forth in these Terms, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Participant at any time. Failure to provide such proof may, if requested, render such Entry null and void. By submitting an Entry, Participant warrants and represents that he/she consents to the submission and use of the Entry in the Fund and to its use as otherwise set forth herein.

By submitting an Entry, Participant hereby grants permission for the Entry and video to be posted on any websites/webpages owned or controlled by Sponsor, any social media channels of Sponsor (including but not limited to, Facebook, Twitter (X), LinkedIn and Instagram) or other websites/webpages. Participant agrees that Sponsor is not responsible for any unauthorized use of Entries by third parties. Sponsor does not guarantee the posting of any Entry.

7. SELECTION CRITERIA: All eligible Applications will be judged by a panel of experts (“Judges”) based on the following equally-weighted criteria: 1) Strategic alignment (potential reach which includes regional importance, size of event, event timing, etc.); 2) Academic plans (interest and intent to incorporate Niantic Studio into curriculum); and 3) Merit (relevant background and experience) (the “Selection Criteria”). Selected Applicants will be awarded the payouts described below.

Payouts will be awarded in the following manner:

1. $2,000 towards hosting a Workshop teaching participants how to use Niantic Studio platform and tools to create an XR project.
2. $5,000 towards hosting a Hackathon where participants and/or Organizations compete for prizes or awards on the best use of Niantic Studio platform and tools.

Between January 2, 2025 and May 31, 2025, all potential payout recipients will be notified via email before their Event is set to occur. If one of those potential payout recipients does not respond to the notification attempt within fourteen (14) days from the notification attempt, then such potential payout recipient may be disqualified and an alternate potential payout recipient may be selected from among all eligible Participants based on the selection criteria described herein. Each potential payout recipient may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release, or other agreements, and provide any additional information, such as that referenced in section 9 below, that may be required by Sponsor. Potential payout recipient must return all such required documents within five (5) days following attempted notification or such potential payout recipient may be deemed to have forfeited the payout and another potential payout recipient may be selected based on the judging criteria described herein. All notification requirements, as well as other requirements within these Terms, may be strictly enforced. Determinations of Judges are final and binding. 

Judges may be employees of Sponsor or external, may or may not be listed individually on the Program website/webpage, and may change before or during the Application or Event Periods. Judging will take place at the discretion of Sponsor. 

8. FUNDING PAYOUTS: The Sponsor will award the Program payout(s) to the Selected Applicant(s) subject to the following terms.

No transfer, substitution, or cash equivalent for payouts is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a payout, in whole or in part, of equal or greater monetary value if a payout cannot be awarded, in whole or in part, as described for any reason. Sponsor and Sponsor Entities have not made and are not making, and Sponsor and Sponsor Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the payout, or regarding the use, value or enjoyment of the payout, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the payout or any components thereto.

In the event that no Applications are received, no payouts will be awarded. Subject to the above provisions regarding payout substitutions, if there are a minimum number of sufficient Application submissions in compliance with these Terms, all payouts will be awarded.

9. TAXES: RECEIPT OF PAYOUTS TO POTENTIAL RECIPIENTS/ RECIPIENTS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. THIS MAY REQUIRE THE SUBMISSION OF PAYOUT RECIPIENT’S SOCIAL SECURITY NUMBERS OR EMPLOYER IDENTIFICATION NUMBER FOR TAX REPORTING PURPOSES. ALL PAYOUTS WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PAYOUTS ARE THE SOLE RESPONSIBILITY OF THE PAYOUT RECIPIENTS, REGARDLESS OF WHETHER TAXES HAVE BEEN SO WITHHELD. In order to receive a payout, potential recipients may be required to submit the tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential payout recipient’s country of residence. The potential payout recipients are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential payout recipient r fails to provide such documentation or comply with such laws, the payout may be forfeited and Sponsor may, in its sole discretion, select an alternative potential payout recipient.

10. GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Sponsor reserves the right to disqualify any Participant from the Program if, in Sponsor’s sole discretion, it believes that the Participant has attempted to undermine the legitimate operation of the Program by cheating, deception, or other unfair playing practices or annoys, abuses, threatens, or harasses any other Participants, viewers, Sponsor, or the Judges.

11. INTELLECTUAL PROPERTY RIGHTS: As between Sponsor and the Participant, the Participant retains ownership of all intellectual and industrial property rights (including moral rights) in the contents of their Application and Entry (with the exception of Sponsor’s technology and platforms, which will remain the sole property of Sponsor or its licensors). As a condition of entry, Participants hereby provide a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to Sponsor to use the Applications and Entries, developed intellectual property and technology, and all other materials resulting from or related to the Program in any and all media throughout the world for any purpose, including, but not limited to, allowing the Judges to evaluate the Applications and Entries for purposes of the Program, promoting the Program and future versions of the Program and Sponsor’s marketing. Participants are responsible for securing proper intellectual property protections. Sponsor will not assume ownership responsibility. Participants are responsible for ensuring they are not infringing on the intellectual property rights of another individual or entity. 

12. PRIVACY: Participant acknowledges and agrees that Sponsor may collect, store, share, and otherwise use any personal information provided to Sponsor throughout the Program, including, but not limited to, name, age, mailing address, phone number, and email address. In the event an Entry qualifies for a payout Sponsor may collect additional information to facilitate payment. Failure to provide all necessary personal information may result in Participant’s participation in the Program being deemed ineligible. Sponsor will use this information in accordance with the applicable Privacy Policies located at https://www.8thwall.com/privacy and https://nianticlabs.com/privacy including without limitation for administering the Program and in the event an Entry qualifies for a payout to verify an Participant’s age and identity, and for marketing purposes as permitted by law. Participant information will not be shared with other individuals or companies without a Participant’s express consent. Participants agree that their personal information will be stored and processed by Sponsor in the United States. Participant personal information may also be transferred to countries outside of their jurisdiction of residence, including the United States. Such other countries may not have privacy laws and regulations that provide the same level of protection to those that exist in your jurisdiction of residence. By providing personal information in connection with the Program, Participants hereby expressly consent to such transfers of their personal information to the United States or other countries. Participants may request access, review, rectification or deletion of any personal data held by Sponsor in connection with the Program by writing to Sponsor at this email address: support@8thwall.com.

13. PUBLICITY: By accepting a payout, Participant agrees to Sponsor and its Niantic Entities use of their name and/or likeness, and contents of the Entry, for advertising and promotional purposes of the Program without additional compensation, unless prohibited by law. As described in Section 7, Participants may be asked to complete a publicity release.

14. WARRANTY AND INDEMNITY: To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Sponsor and Sponsor Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any obligation, representation or warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless the Sponsor and Sponsor Entities from and against any and all claims, actions, suits or proceedings, as well as any and all injuries, losses, liabilities, damages of any kind to persons or property, including death, costs and expenses (including reasonable attorney’s fees) arising out of or accruing in whole or in part, directly or indirectly from Participant’s participation in the Program or any Program-related activity or (a) any Entry or other material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the Program; (c) any non-compliance by the Participant with these Terms; (d) claims brought by persons or entities other than the parties to these Terms arising from or related to the Participant’s involvement with the Program; (e) acceptance, possession, misuse or use of any payout or participation in any Program-related activity or participation in this Program; (f) any malfunction or other problem with the Program website/webpage; (g) any error in the collection, processing or retention of Application or Entry information; or (h) any typographical or other error in the printing, offering or announcement of any payours or recipients.

15. ELIMINATION: Non-compliance with these Terms and/or any false or incorrect information provided within the context of the Program by any Participant concerning identity, age, mailing address, telephone number, email address, ownership of right, or the like, may result in the immediate elimination of the Participant from the Program. 

16. INTERNET AND OTHER TECHNICAL ISSUES: Sponsor and Sponsor Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable or destroyed Applications or Entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Program website/webpage, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an Participant’s ability to participate.

17. RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the Program is not capable of running as Sponsor intended, including lack of sufficient or high quality Entries, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Program and if terminated, Sponsor may elect not to select any potential payout recipients or to determine the potential payout recipients for the Program from among all eligible Participants received prior to action taken using the judging criteria specified above. Sponsor further reserves the right to disqualify any Participant who violates these Terms or tampers with the submission process or any other part of the Program or Program website/webpage. Any attempt by an Participant to deliberately damage any website, including the Program website/webpage, or undermine the legitimate operation of the Program is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek any and all remedies available from any such Participant to the fullest extent of the applicable law.

18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall a submission into the Program, the awarding of a payout, or anything in these Terms be construed as an offer or contract of employment with either Sponsor, or the Sponsor Entities. Participants acknowledge that Applications and Entries have been submitted voluntarily and not in confidence or in trust. Participant acknowledges that no confidential, fiduciary, agency, or other relationship, or implied-in-fact contract now exists between Participant and Sponsor or the Niantic Entities and that no such relationship is established by Participant’s submission of an Application or Entry under these Terms.

19. LIMITATION OF LIABILITY: Participant hereby releases Sponsor from any and all liability in connection with the payouts or Participant’s participation in the Program and further acknowledges Sponsor is not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, leaked, misdirected, incomplete, or illegible garbled Applications or Entries, or Applications or Entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, webpage, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website/webpage or service; (d) unauthorized intervention in any part of the entry process or the Program; (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Program or the processing of Applications or Entries; or (f) any injuries, damages, or other losses related to testing or playing the Applications or Entries, using Sponsor technology, or as otherwise related to this Program. Participants agree that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in the Program (but not the development of the Application or Entry) but in no event attorneys’ fees; and Participants waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, 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, GROSS NEGLIGENCE, OR INTENTIONAL ACTS SO THE ABOVE MAY NOT APPLY TO YOU.

20. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: To the extent permitted by law, these Terms shall be governed by, subject to and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law Terms. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Program are hereby excluded, and all Participants expressly waive any and all such rights.

21. DISPUTES AND TERMS: By participating in the Program, Participant agrees that all disputes between Participant and Sponsor of whatsoever kind or nature arising out of these Terms, shall be subject to Sponsor’s Terms & Conditions (“8th Wall Terms”) available at https://www.8thwall.com/terms. Participant accepts and agrees to abide by the 8th Wall Terms as a condition of participation.