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Elevate Sweepstakes (the "Sweepstakes") Terms

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

General. Coda Project, Inc. (”Coda,” “we” or “us”) invite you to enter the Sweepstakes, which are governed by the below terms and conditions (these “Terms”). This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the fifty (50) United States, the District of Columbia or in Puerto Rico.

Dates of Sweepstakes. The Sweepstakes begins at 8:00:01am Pacific Time (“PT”) on November 7, 2023 and ends at 11:59:59pm PT on November 8, 2023 (the “Sweepstakes Period”).

Eligibility. To participate in the Sweepstakes, you must be 18 years of age or older and reside within the fifty (50) United States, the District of Columbia or in Puerto Rico. To be eligible to receive a prize, you must have an address on file with Coda or have provided an address when prompted at the time of entry. In the event that you have an incomplete address, you will be disqualified and an alternate prize winner will be selected in a random drawing.

How to Enter. You must visit

https://coda.io/@steve-s/codaadventure⁠

(the “Online Website”) during the Sweepstakes Period and complete the entry form in its entirety including: complete name, email address, title and company. There is a limit of one entry per entrant during the entire Sweepstakes Period. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that entrant’s entry and that entrant may be disqualified from the Sweepstakes. Coda is not responsible for any entry that is lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, postage-due, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, human error, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Coda.

Drawing/Odds. On or about December 9, 2023, potential prize winners will be selected in a random drawing from all eligible entries received. Odds of winning depend on the number of eligible entries received for the Sweepstakes. By entering the Sweepstakes, you fully and unconditionally agree to be bound by these Terms and the decisions of Coda, which will be final and binding in all matters relating to the Sweepstakes.

Prize.

One 10.9-inch iPad Wi‑Fi 64GB

Total ARV of all prizes to be awarded is $491.73

Prize Restrictions. Limit of one (1) prize per person/household. All prizes are non-transferable or assigned and no substitutions or cash redemptions; except at Coda’s sole discretion or as otherwise provided herein. Coda will not replace any lost or stolen prizes. In the case of unavailability of any prize, Coda reserves the right to substitute a prize of equal or greater value. No more than the stated number of prizes set forth in these Terms will be awarded.

Notifications. Potential winners will be notified via email. A winner will have 7 days to respond back to the prize notification. If a prize notification email is returned or unanswered within the allotted time (7 days) or if a potential winner declines the prize or is ineligible, an alternate winner will be selected by random drawing of the remaining eligible entries. 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 Coda may determine, in each case, at Coda’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 Coda’s receipt of the completed Required Forms. No compensation will be provided for any prizes that are not able to be awarded to a prize winner.

Fees & Taxes. You are responsible for any fees associated with receiving or using a prize, including but not limited to, wiring fees or currency exchange fees. Each prize winner is solely responsible for all applicable federal, state and local taxes, including taxes imposed on his/her income. Coda reserves the right to withhold a portion of the prize to comply with the federal, state and local tax laws of the United States.

Publicity Rights. By making an entry into the Sweepstakes, you hereby grant to Coda a royalty free, irrevocable, perpetual and worldwide license to use and display your name, your company, and your company logo on Coda’s websites, apps, and/or social media pages and accounts for purposes of marketing and promoting the Sweepstakes or Coda’s products and services, without compensation of any kind or further notice to or approval from you or any third party. Notwithstanding the foregoing, Coda has the right, but no obligation to promote, market, highlight, or display you, your company, or your entry.

Disclaimer. CODA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING PARTICIPATION IN THE SWEEPSTAKES.

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 Coda’s Terms of Service, these Terms will govern. You represent and warrant that you are not an employee or contractor of Coda. Coda may modify these Terms in its sole discretion.

Privacy and Use of Personal Information. Coda collects personal information from you when you enter the Sweepstakes for the purposes of selecting a winner of the Sweepstakes, administering the Sweepstakes and contacting you about the Sweepstakes and Coda products and services in accordance with Coda’s

Privacy Statement⁠

Limitation on Liability. CODA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS AND THE SWEEPSTAKES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE. THE MAXIMUM LIABILITY OF CODA FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE SWEEPSTAKES WILL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00).

Relationship of Parties. Nothing set forth herein shall be construed as constituting you and Coda as partners, joint venturers, or as creating the relationships of employer/employee, franchiser/franchisee, or principal/agent between the parties.

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 Sweepstakes. 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.

Winners List. To obtain a list of winners of the Sweepstakes send a request with your name and email address to support@coda.io.

Sponsor. Coda Project, Inc. 888 Villa Street, 4th Floor, Mountain View CA 94041.

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