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TERMS OF SERVICE

NIKECRAFT SUMMER CAMP

NIKECRAFT ISRU SUMMER CAMP TERMS OF SERVICE

Date of last revision: July 15, 2025

Welcome to Nikecraft ISRU Summer Camp!

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE PARTICIPATING IN THE ISRU SUMMER CAMP.

These Terms apply to the Nikecraft ISRU Summer Camp website and mobile app (the "Platform"); the 8-week participation-based competition and related services accessible through the Platform (together with the Platform, the "Services"); and the opportunity to earn the right to purchase footwear products ("Purchase Rights").

These Terms create a legally binding agreement between you and Tom Sachs Studio, LLC (doing business as "Nikecraft"), a limited liability company with its principal place of business at 245 Centre St, New York, NY 10013 ("Tom Sachs Studio," "we," "us," or "our") regarding your participation in the ISRU Summer Camp and use of the Services.

1. OVERVIEW OF ISRU SUMMER CAMP

The ISRU Summer Camp is a 8-week participation-based competition where participants complete daily self-improvement exercises, upload photos as proof of completion, and earn points based on their participation. Participants with the highest participation scores at the end of the competition earn the right to purchase limited-edition footwear from Tom Sachs Studio's online store.

Important: Earning the right to purchase does not guarantee product availability. If you choose to exercise your Purchase Rights, separate terms and conditions will apply to that purchase transaction through our online store.

2. UPDATES

We may update these Terms from time to time. The "date of last revision" above indicates when these Terms were last updated. Unless we indicate otherwise, updated Terms will be effective immediately upon posting, and your continued use of the Services will confirm your acceptance of the updates.

3. ELIGIBILITY

You must be at least 18 years old to participate in the ISRU Summer Camp. By participating, you represent and warrant that you meet this age requirement. If you are under the legal age of majority where you live, you may only participate under the supervision of a parent or guardian who also agrees to these Terms.

4. ACCOUNT REGISTRATION

When you register for the ISRU Summer Camp, the following rules apply:

  • Be True: Provide accurate registration information and keep your account information up to date. While you may use a pseudonym for your public-facing profile, you must provide accurate and verifiable contact information, including an email address and a phone number capable of receiving text messages, to be eligible for Purchase Rights. We may require validation of this information to confirm your eligibility.
  • Be You: Your account is for your personal use only. Do not register for more than one account, register an account on behalf of someone else, or transfer your account to someone else.
  • Be Secure: Keep your username, password, and other login credentials secure and do not allow anyone else to use your account.
  • Be Responsible: Inform us immediately of any unauthorized use of your account. You are responsible for anything that happens through your account – with or without your permission.

5. USER CONTENT

Content You Submit

The ISRU Summer Camp allows you to upload photos, add captions, create profile content, and share your daily activity completions ("User Content"). You may choose to make your User Content public or keep it private. Tom Sachs Studio is not responsible for User Content.

Except for the license you grant us below, as between you and Tom Sachs Studio, you retain all rights in and to your User Content.

License to Use

By submitting User Content, you grant Tom Sachs Studio and its affiliates a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide and fully paid license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content for any purpose related to the ISRU Summer Camp, including but not limited to:

  • Displaying participation photos and progress within the Platform
  • Creating promotional materials for Nikecraft and future ISRU events, including on Nikecraft's social media channels
  • Sharing success stories and participant achievements
  • Administrative purposes related to scoring and competition management

To the fullest extent permitted by applicable law, you hereby irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding your User Content.

Right to User Content

You represent and warrant that:

  • You own or have all necessary rights to your User Content
  • Your User Content does not violate any third-party rights
  • Your User Content does not contain any material that is defamatory, obscene, unlawful, threatening, or abusive
  • You have obtained consent from any identifiable persons in your User Content

6. USER CODE OF CONDUCT

You are solely responsible for your conduct while using our Services and must comply with the following rules:

Do Not:

  • Submit false or misleading activity completions
  • Use automated means to submit content or earn points
  • Harass, threaten, or harm other participants
  • Post content that infringes intellectual property rights
  • Attempt to manipulate the scoring system
  • Share inappropriate, offensive, or illegal content
  • Impersonate others or misrepresent your identity
  • Use the Services for any commercial purpose

Tom Sachs Studio reserves the right to disqualify participants who violate these rules and to remove any User Content at our sole discretion.

7. INTELLECTUAL PROPERTY

The Platform and Services contain content owned or licensed by Tom Sachs Studio, including text, software, designs, graphics, logos, and other materials ("Tom Sachs Studio Content"). This content is protected by copyright, trademark, and other intellectual property laws.

The Nikecraft name, associated artwork, and related intellectual property are used under license from NIKE, Inc. You do not acquire any rights to these marks through your participation in the ISRU Summer Camp.

8. PURCHASE RIGHTS

Participants who achieve qualifying scores will earn Purchase Rights. Leaderboard position is determined by total score. Ties are broken first by the highest number of consecutive days of participation in any single activity, and then by account registration time. Any remainng ties after the last contest day will be broken by head-to-head game of Lunar Lander. These rights:

  • Are personal to you and may not be transferred
  • Must be exercised within the timeframe specified
  • Do not guarantee product availability
  • Are subject to the terms and conditions of Tom Sachs Studio's online store

If you choose to exercise your Purchase Rights, the transaction will be governed by the separate terms of sale applicable to purchases from our online store.

9. THIRD-PARTY SERVICES

The Services may integrate with or link to third-party services, including:

  • Social media platforms for sharing achievements
  • Payment processors for purchases
  • Analytics services

Your use of third-party services is subject to their respective terms and privacy policies. Tom Sachs Studio is not responsible for third-party services or content.

10. PHYSICAL ACTIVITY & SAFETY

The Services and Experiences may include features that provide information about physical activity, nutrition, or general wellness or provide opportunities to engage in physical activity. Content and information provided through the Services and at Experiences are provided for educational and informational purposes only and are not intended as medical advice. The Services and Products are not medical devices and are not intended to diagnose, treat, cure, or prevent any illness, metabolic disorder, disease, or health problem.

Before using the Services or Products as part of any exercise program or participating in an Experience, consider the risks involved and consult with a medical professional. Consulting a medical professional before beginning an exercise program is especially important if you are overweight, pregnant, nursing, or diabetic or have a heart condition, any injuries, disabilities, or other medical conditions. There are potentials for injury and other dangers associated with any physical or recreational activity, and you should not engage in any such activities that pose a heightened risk to you in light of your health conditions. Never disregard professional medical advice or delay in seeking it because of content and information provided through the Services or at Experiences.

You should start any physical activity slowly, take care not to exceed your capabilities, and immediately stop if you become dizzy, dehydrated, or your body's ability to function normally is otherwise affected. If you experience a medical emergency, stop using the Services and Products or participating in the Experience and consult with a medical professional. You must also take appropriate precautions while using the Services or Products or participating in Experiences and monitor your surroundings (e.g., traffic, crowds, and hazards). YOU ASSUME THE RISKS ASSOCIATED WITH ANY PHYSICAL ACTIVITIES THAT YOU ENGAGE IN.

11. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to and will indemnify and hold harmless Tom Sachs Studio, LLC and its affiliates and each of its and their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, licensors, suppliers, successors, assigns, and insurers, and all Experience sponsors, advertisers, volunteers, staff, and owners or lessors of premises used in connection with an Experience (individually and collectively, the "Tom Sachs Studio Parties") from and against all claims, losses, liabilities, expenses, damages and costs, including attorneys' fees, arising from or relating in any way to (i) your access to or use of the Services or Products; (ii) your access to or participation in Experiences; (iii) your User Content or Feedback; or (iv) your violation of these Terms, any law or the rights of any third party (including intellectual property rights or privacy rights). The Tom Sachs Studio Parties will have control of the defense or settlement, at the Tom Sachs Studio Parties' sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Tom Sachs Studio or the other Tom Sachs Studio Parties.

12. RELEASE

To the fullest extent permitted by applicable law, you, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge the Tom Sachs Studio Parties from any and all claims or causes of action you may have for damages arising from or relating to these Terms, the Services, Products, or Experiences. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

13. WARRANTIES; DISCLAIMERS

Your use of our Services and Products and your participation in Experiences, and any content or materials provided therein or therewith is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Products, Services, Experiences and any content or materials provided therein or therewith are provided "AS IS" and "AS AVAILABLE" without any representation or warranties of any kind, whether express, implied, or statutory. We aren't making any promises of any kind, and Tom Sachs Studio disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Tom Sachs Studio does not represent or warrant that our Products, Services, Experiences, or any content provided therein or therewith are accurate, complete, reliable, current, or error-free, that access to our Services or any content provided therein or therewith will be uninterrupted, or that any defects will be corrected. While Tom Sachs Studio attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or any content provided therein or therewith, or our servers are free of viruses or other harmful components or content or materials. Tom Sachs Studio is not responsible for any damage to your Device resulting from accessing the Services, for your interactions with other users of the Services or other Experience participants, or for any damage or harm you may experience because of these interactions. You assume the entire risk as to the quality and performance of the Products, Services, and Experiences and any content provided therein or therewith. All disclaimers of any kind (including in this Section and elsewhere in these Terms) are made for the benefit of Tom Sachs Studio and the other Tom Sachs Studio Parties. We hope you enjoy and get the full benefit of the Services, Products, and Experiences; however, we do not guarantee any results. The foregoing disclaimer of warranty does not apply to any product or manufacturer warranty expressly offered by Tom Sachs Studio and/or any third-party manufacturer of Products.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TOM SACHS STUDIO NOR ANY OF THE TOM SACHS STUDIO PARTIES WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES, EVEN IF TOM SACHS STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PRODUCTS AND SERVICES AND YOUR PARTICIPATION IN EXPERIENCES. YOUR ONLY REMEDY AGAINST ANY TOM SACHS STUDIO PARTY IN CONNECTION WITH ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES IS TO STOP USING THE PRODUCTS AND SERVICES AND TO STOP PARTICIPATING IN EXPERIENCES.

IF TOM SACHS STUDIO OR ONE OF THE OTHER TOM SACHS STUDIO PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES, THE MAXIMUM AGGREGATE LIABILITY OF TOM SACHS STUDIO AND THE OTHER TOM SACHS STUDIO PARTIES SHALL NOT EXCEED THE LESSER OF (I) US $100.00 (OR THE EQUIVALENT OF US $100.00 IN THE LEGAL CURRENCY OF YOUR COUNTRY OR REGION) OR, IF YOU LIVE IN EUROPE, EURO €100.00; AND (II) THE AMOUNT PAID BY YOU TO TOM SACHS STUDIO FOR THE APPLICABLE SERVICES, PRODUCTS, OR EXPERIENCES GIVING RISE TO SUCH LIABILITY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER BASIS, EVEN IF TOM SACHS STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitations set forth in this Limitation of Liability Section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Tom Sachs Studio or the other Tom Sachs Studio Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

15. MODIFICATION AND TERMINATION

Tom Sachs Studio may terminate or modify all or part of any Services, including member programs, Product offerings, and Experiences at any time without notice. All modifications and additions to the Services, Product offerings, and Experiences will be governed by these Terms, unless otherwise expressly stated by Tom Sachs Studio in writing.

Tom Sachs Studio may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Services or your ability to participate in Experiences at any time and for any reason, without any liability to Tom Sachs Studio, subject to applicable law.

These Terms remain in effect even after your account is closed, terminated, or suspended or you have otherwise stopped using the Services and stopped participating in Experiences.

16. ALTERNATIVE AND ADDITIONAL TERMS

In addition to these Terms, additional terms and conditions may apply to your use of certain Services or Products, or participation in Experiences, including:

  • Tom Sachs Studio Online Store Terms of Sale (if you exercise Purchase Rights)
  • Privacy Policy
  • Competition Rules and Scoring Guidelines

17. DISPUTES, JURISDICTION, VENUE

Applicable Law

Any disputes, claims, controversies, or legal proceedings arising out of or relating to these Terms, the Products, Services, or Experiences (each a "Claim") will be governed by and in all respects construed and enforced in accordance with New York law, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods will not apply.

Venue

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, all Claims shall be resolved individually, without resort to any form of class action or any other kind of representative proceeding, and exclusively in the state or federal courts located in New York County, New York. You and Tom Sachs Studio waive any objection to venue in any such courts.

Time to Bring a Claim

To the extent permitted by law, a Claim must be brought within one (1) year after the Claim arises; otherwise, the Claim is permanently barred, which means that you or Tom Sachs Studio will no longer have the right to assert that Claim against the other.

18. MISCELLANEOUS

Export Restriction

You may not use or otherwise export or re-export the Products, Services or related technology or any content contained therein, except as authorized by export control and sanctions laws of the United States and any other government having jurisdiction. In particular, but without limitation, the Products and Services and the technology and the content contained therein, may not be exported or re-exported to (i) any U.S. sanctioned or embargoed countries or regions; or (ii) any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person's List or Entity List, or other U.S. sanctions or export control lists.

Electronic Communications

By using the Services, purchasing Products, or participating in Experiences, you agree to receive certain electronic communications from Tom Sachs Studio, subject to applicable law. Communications and transactions between Tom Sachs Studio and you may be conducted electronically.

Assignment

Tom Sachs Studio may assign its rights and duties under these Terms, in whole or in part, to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. You cannot assign your rights and duties under these Terms, and any attempted assignment in violation of this sentence is void.

Waiver

Tom Sachs Studio's failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Tom Sachs Studio's rights. You should always assume these Terms apply.

Severability

If any provision in these Terms is held unlawful, invalid, or unenforceable for any reason, including because it is found to be unconscionable, then (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (iii) the unenforceable or unlawful provision may be revised to the extent required to render these Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve these Terms and the intent of these Terms to the fullest possible extent.

Intended Beneficiary

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.

Section Headings

The Section headings in these Terms are for convenience only and have no legal or contractual effect. Use of the word "including" will be interpreted to mean "including without limitation."

19. CONTACT INFORMATION

For questions about these Terms or the ISRU Summer Camp, contact us at:

Tom Sachs Studio, LLC
245 Centre St
New York, NY 10013
Email: nikecraft@tomsachs.org

20. ACKNOWLEDGMENT

BY PARTICIPATING IN THE ISRU SUMMER CAMP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

Special Notice: This is an art project created by Tom Sachs Studio, LLC doing business as Nikecraft. While we have permission to use certain NIKE-related intellectual property, Tom Sachs Studio is an independent entity and NIKE, Inc. is not responsible for the ISRU Summer Camp or these Terms.