These Terms & Conditions (the “Terms”) govern your participation in the ‘Viber’s World Football 2018 Contest’ (the “Contest”). By participating in the Contest, you agree to be bound by these Terms, so please read these Terms carefully. If you do not agree to be bound by these Terms, you should refrain from participating in the Contest. “Viber” means Viber Media S.à r.l., a company incorporated in the Grand Duchy of Luxembourg, having offices at 2 rue du Fossé, L-1536 Luxembourg.
Participants. In order to participate in the Contest, you must be at the age of consent to form a binding agreement in your country (or older) and in any way older than sixteen (16) years old, and to have a Viber account. Participation is forbidden on employees of Viber and the rest of the Rakuten Group, and their family members or anyone else connected in setting up or administrating the Contest.
Any attempt by a Participant (as defined below) to obtain more than the allowable Entries (as defined below) by using multiple/different Viber accounts, e-mail address, identities or any other methods will void all of such Participants’ Entries. Viber reserves the right to verify eligibility of all Participants. Illegible and/or incomplete Entries and Entries submitted by Participants who do not meet the eligibility requirements are void.
The terms and conditions set forth in the Public Account, Public Chat, Bot, Community and Viber Admin Panel (VAP) Terms and Guidelines (available at https://www.viber.com/terms/chat-public-accounts-terms-guidelines/, as amended from time to time), as well as the Viber Privacy Policy (available at https://www.viber.com/terms/viber-privacy-policy/, as amended from time to time) shall also apply to your participation in the Contest.
1. Entries to the Contest.
1.1 General:
1.1.1 Entry to the Contest is free and does not require making any purchase or paying any fee.
1.1.2 The Contest shall take place between June 11th, 2018 and July 15th, 2018, 23:59:59 (UTC+2) (the “Term”).
1.1.3 During the Term, Viber users will have the chance to predict daily football matches’ results through the Chat Leaderboard feature (the “Matches”) and also compete in the global Contest. Upon joining the Viber World Football 2018 Activity, through one of the different channels available (the “Activity”), you will be redirected to the Viber’s World Football Chatbot (the “Bot”), therein you will need to subscribe to the Bot and choose whether you want to predict results and share them with friends only, or also take part in the global Contest and win prizes. In order to participate in the Contest, you will have to click ‘Yes I agree’, approve these Terms and play according to the below rules. Clicking “Yes I agree” will be considered an “Entry” and participation in the Contest and is subject to the Terms hereof. If you clicked ‘Yes I agree’ you will be considered a “Participant” in the Contest. If you clicked ‘No I don’t want to win prizes’ you will not be considered a Participant in the Contest which means that you will not be displayed in the Contest’s Leaderboards (as defined below) and will not be entitled to win any prizes (i.e. you will only take part in the Activity).
1.1.4 When you participate in the Contest your Viber username and picture, together with the points that you have collected, will be displayed in the Contest’s country level, and global, leaderboards, which will be available to all Participants of the Contest (i.e. the country level leaderboard will be displayed to the Participants of such country and the global leaderboard will be displayed to the Participants worldwide) (collectively: the “Contest’s Leaderboards”). If your Viber username is a phone number, or our system suspects that it is, we will change your username in the Contest’s Leaderboards to “Unknown”.
If you choose to participate in the Contest, you grant Viber the right to display your Viber username and picture, together with the points you have collected, in the Contest’s Leaderboards. If you do not wish your Viber username and/or picture to be displayed in the Contest’s Leaderboards, please refrain from participating in the Contest.
1.1.5 Whether you decide to take part in the Activity only, without participating in the Contest, or decide to take part in the Contest as well, you will be able to predict the Matches’ results in your private group chats via the Viber World Football Chat Extension feature and track the points you have collected (provided that, if you do not participate in the Contest, you will not appear in the Contest’s Leaderboards and will not be entitled to win Prizes). Once a user shares his/her predictions, they will be able to create the group’s leaderboard simply from the Chat Extension feature and other Viber users who wish to join and be on the group leaderboard need to share their prediction in the same group.
1.1.6 A Viber user is only able to make one prediction per Match, and that prediction will apply for all the different leaderboards he/she are a part of (for example, if a user has one leaderboard going with his/her friends, and a different one with his/her coworkers, in this case only one prediction per each game – the last prediction that was submitted – will be taken into account on both leaderboards).
1.2 How to Compete:
1.2.1 During the Term, Viber will send to all Viber users that have subscribed to the Bot (Viber users that only participate in the Activity and Viber users that participate in the Contest as well) a daily notification of the Matches, and such users will be requested to predict their results by the commencement of each such Match (the “Record time”). if you did not submit your prediction by the Record Time you will not be eligible to predict the results of such specific Match.
1.2.2 If you perfectly predicted the Match’s result, you will receive 3 points, and if you are a Participant (i.e. a Viber user that participates in the Contest) you will also receive a daily prize and be displayed in the Contest’s Leaderboards (as specified in section 1.1.4 above). The points collected are automatically applied to all of the user’s different group leaderboards (if you do not participate in the Contest, the points that you have collected will not be displayed on the Contest’s Leaderboards and will only be displayed on your private leaderboards). If you did not predict the exact result but correctly predicted the right outcome, you will still get 1 point added to the total of your collected points (for example, if a user predicted that team A will win 3:1 and the Match ended with team A winning 3:2).
For Round 16 finalists, Quarter-finals, Semi-finals and Finals, the above mechanism shall apply, but Viber users that predicted the exact Match result will be entitled to 9 points instead of three 3, and Viber users that did not predict the exact Match result but correctly predicted the right outcome (i.e. the winner of the Match or a draw), will win 3 points instead of 1.
The official Match’s result will be the final Match score, including overtime. In case of a penalty shootout, the Match will be considered as a draw according to the overtime score.
1.2.3 At the end of the Term, the Participant that collected the most points during the Term will be the Ultimate Winner of the Contest and will be entitled to win the Contest’s Grand Prize (as defined below) (the “Ultimate Winner”). In the event that two or more Participants collected the same number of points during the Term, the Participant who was able to perfectly predict the Matches’ results (winning team/draw and number of goals scored by each team) more times, will be the Ultimate Winner. In the event of a draw between the Participants that collected the most points and perfectly predicted the same number of Matches’ results, the Participant that was first to subscribe to the Bot will be the Ultimate Winner.
1.2.4 Viber is entitled to add more activities and opportunities for Participants to collect points as part of the Contest, in its sole discretion.
1.2.5 Viber assumes no responsibility for Matches’ predictions not received on time or at all for whatever reason, including due to a technical error or malfunction.
2. Prizes:
2.1. Match Prize(s):
Each Participant that predicted accurately a Match result and won 3 points for predicting the result of such Match, will win a Match Prize (as defined below), as decided by Viber in its sole discretion.
The Match Prizes will consist of one of the following prizes (the “Match Prize(s)”):
- A US$1 worth of Viber Out credit (each: a “Coupon”).
Each Coupon may be redeemed until July 31st, 2018 and may be used within 30 days from its redemption. The Coupons and their use are subject to the Viber Coupon Terms of Use (available at https://www.viber.com/terms/vo-coupon-terms-of-use/, as amended from time to time).
- A Viber sticker pack, to be chosen by Viber in its sole discretion;
- An HD movie voucher from Rakuten TV;
The Match Prizes are limited to three (3) Prizes per Participant overall.
2.2. Grand Prize:
2.2.1 The Ultimate Winner of the Contest will win a trip and to Barcelona, which will include the following (the “Grand Prize”):
- 2 tickets to the FC Barcelona vs Real Madrid match at the Camp Nou stadium, to take place during the 2018–19 La Liga season (the “Prize Game”);
- 2 flight tickets – tourist class;
- Accommodation for 3 nights for 2 people;
- US$1,000 for expenses (total for both travelers);
Other costs (including transportation) are not covered. The Ultimate Winner and his/her companion must have a valid passport and obtain required visas and/or other approvals, if any, and travelers insurance, at their own expense.
The Grand Prize together with the Match Prizes shall be referred to hereunder as “Prizes”.
2.2.2 The Ultimate Winner will be contacted via the Bot by a direct message within seven (7) days from the end of the Term (the “Prize Notification”). The Ultimate Winner must reply by a direct message to the Bot, within seventy-two (72) hours of the date of the Prize Notification (the “Deadline”), the Ultimate Winner’s full name, email address for further communication and a mailing address. If the Ultimate Winner does not respond to the Prize Notification by the Deadline, he/she may be disqualified and Viber and the Participant who collected the second highest number of points in the Contest may be chosen by Viber to be the alternate Ultimate Winner (“Alternate Ultimate Winner”), and Viber may repeat the aforementioned process until a qualified Ultimate Winner has been selected for the Contest.
2.2.3 Viber reserves the right to verify the eligibility of the Ultimate Winner. Viber reserves the right to send an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Contest Documents”) to the Ultimate Winner via registered mail and/or email. In this event, the Ultimate Winner must sign and return the Contest Documents postmarked within five (5) days of the date of receipt of the Contest Documents, or the Grand Prize will be forfeited and the Alternate Ultimate Winner will be chosen. Viber is not responsible for the failure, for any reason whatsoever, of the Ultimate Winner to timely respond to the Prize Notification or return the Contest Documents. The return of any Contest Documents as undeliverable, the inability of Viber to contact the Ultimate Winner or the failure of Ultimate Winner to contact Viber in a timely manner will result in disqualification, and an alternate Ultimate Winner may be selected, and Viber may repeat the winner selection and notification procedures set for in this section until a qualified Ultimate Winner has been selected for the Contest.
2.2.4 The Ultimate Winner will be officially announced in the Bot, within 14 days from the end of the Term.
2.2.5 Grand Prize winner must travel on dates specified by Viber for the Grand Prize or Grand Prize will be forfeited. Travel and accommodations are subject to availability and blackout dates. Travel must be roundtrip. Viber will determine airline in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Terms, and those set forth by Viber’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and travel costs not expressly stated in the Grand Prize packages description above, including but not limited to, ground transportation, meals, tips, incidentals, passenger tariffs or duties, surcharges, airport fees, baggage fees, service charges or facility charges, personal charges at lodging, security fees, car rental charges (including insurance and optional services, if any), state, federal, provincial or local taxes of any kind, or other expenses are solely the responsibility of Grand Prize winner and Grand Prize winner’s travel companion. Any portion of the Grand Prize not accepted or unclaimed and/or unused by the Grand Prize winner will be forfeited and will not be substituted. Grand Prize winner and Grand Prize Winner’s travel companion must be able to travel during the specific time determined by Viber or the Grand Prize will be forfeited in its entirety and an alternate winner may be selected in Viber’s sole discretion. In the event that for any reason the Prize Winner or Prize Winner’s travel companion fail to obtain the required approvals, authorizations or otherwise, the Prize will be forfeited in its entirety and an alternate winner may be selected in Sponsor’s sole discretion, with no compensation or alternative prize provided to the original winner. Travel must originate and end at the same major, as applicable, except as otherwise provided by these Terms. If, in the sole judgment of Viber, air travel is not required due to Grand Prize winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Viber’s sole discretion. Viber will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Terms and conditions of all tickets apply. Specific seat locations will be determined by Viber in its sole discretion. Grand Prize winner and Grand Prize winner’s travel companion must travel on the same itinerary and are responsible for all necessary travel documents and for any travel insurance. Upon Viber’s Request, Grand Prize winner’s travel companion must execute a liability/publicity release (except where prohibited by law) in order to accompany Grand Prize winner on trip. At least one of the Grand Prize winner or the Grand Prize winner companion must be twenty-one (21) years old or older. In the event that the Grand Prize winner or the Grand Prize winner’s travel companion are under eighteen (18) years of age, such liability/publicity release must be executed by the parent or legal guardian of such minor on his or her behalf. Other travel restrictions, conditions and limitations may apply.
2.2.6 Grand Prize winner will be solely responsible for all federal, state and local taxes and fees and other expenses associated with his/her prize receipt and/or use that are not expressly included in the Grand Prize description. Failure to take or complete any portion of the Grand Prize does not relieve the Grand Prize winner of his/her tax obligations associated with winning the aforementioned prize.
2.2.7 Except where prohibited by law, the Grand Prize winner’s entry, and acceptance of the prize constitutes the Grand Prize winner’s and, if applicable, the travel companion of Grand Prize winner’s irrevocable, sub-licensable, absolute right and permission for Viber and the rest of the Rakuten Group, to use, publish, post or display said Grand Prize winner’s and, if applicable, travel companion of Grand Prize winner’s name, photograph, likeness, statements, biographical information, voice, city and state address, prize information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in Viber’s and/or the Rakuten Group’s sole discretion), for any purpose, including but not limited to advertising, trade, promotional and publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, notification, opportunity to review, approval or compensation of any kind, and each Grand Prize winner, and, if applicable, travel companion of Grand Prize winner, releases Viber the and rest of the Rakuten Group from any and all liability related thereto. Nothing contained in these Terms obligates Viber to make use of any of the rights granted herein and Grand Prize Winner and if applicable, the travel companion of Grand Prize Winner, waives any right to inspect or approve any such use.
2.2.8 The name of the Grand Prize winner, as well as footage and other images of the Grand Prize winner, the Grand Prize winner’s travel companion, and Grand Prize (including the Prize Game) may be published by Viber and/or the rest of the Rakuten Group (at their sole discretion) and may be made available to over nine hundred million (900,000,000) Viber users within the Viber network, as well as to the general public through the media and other social networks, including, without limitation, on Facebook, and, including, without limitation, for commercial purposes. Without limitation to the preceding paragraph, by entering and/or participating in the Contest and/or claiming the Grand Prize each Participant hereby irrevocably agree in advance to the publication described in the preceding sentence to the fullest extent permitted under law.
2.3 Viber reserves the right to verify eligibility of all Participants. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Viber account is registered on the date the entry is submitted, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential Prize won will be forfeited in Viber’s sole discretion.
2.4 Viber is entitled to change any of the Prizes, and to add and/or remove Prizes, in its sole discretion.
2.5 No portion of any of the Prizes may be transferred, redeemed for cash, or substituted, except by Viber (in its sole discretion), which reserves the right to substitute any portion of a Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize winner. The Prizes, and all elements thereof, are subject to availability. The Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of a Prize is at Prize winner’s sole risk and the Released Parties (as defined below) are not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the Prize. Without limitation to the foregoing, any delays or other issues causing Grand Prize winner to miss any part of the Grand Prize (regardless of whether Grand Prize winner is at fault) or the cancellation of all or a portion of the Grand Prize for any reason, will not result in a substitute prize being awarded.
3. RELEASE. PRIZE WINNERS AND PARTICIPANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, VIBER AND THE REST OF THE RAKUTEN GROUP, AND ALL OF THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND EACH OF THEM (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY LIABILITY, DAMAGES, OR CAUSES OF ACTION (HOWEVER NAMED OR DESCRIBED), WITH RESPECT TO OR ARISING OUT OF ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF A PRIZE, ANY PORTION THEREOF OR PARTICIPATION IN ANY PROMOTION RELATED ACTIVITY OR PARTICIPATION IN THIS CONTEST.
4. Limitations of Liability.Viber and rest of the Rakuten Group are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or Entries or Matches’ predictions not received resulting from any hardware, software, or technical failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer, internet or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or Entries, or Matches’ predictions, not received by Viber on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to Participant’s or any other person’s computer related to or resulting from participating in the promotion or downloading any material for the Contest, or other telecommunications malfunctions which may limit a Participant’s ability to participate. Viber may prohibit a Participant from participating in the Contest or winning a Prize if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs), if such Participant is intending to annoy, abuse, threaten or harass any other Participants or Viber representatives and/or if such Participant Viber user name or picture, as displayed in the Contest’s Leaderboards is unlawful, harmful, threatening, abusive, vulgar, obscene, offensive, indecent, invasive of another person’s privacy, hateful, or racially, ethnically objectionable. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Viber which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Viber reserves its right at its sole discretion to cancel, terminate, modify or suspend the Contest.
5. Further Liability Limitations. To the maximum extent permitted by law, in no event will Viber and the rest of the Rakuten Group be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the Contest, including any access to or use of Viber or any downloading from or printing material from Viber. Everything on Viber is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply. Prize winners agree that the Prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.
6. Disputes. Except where prohibited, Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the London, UK; (ii) this Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of England the Wales without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other laws.
7. General
7.1 Viber reserves the right to change the Activity and/or the Contest or any part thereof and these Terms (including without limitation, changing the Term, the Prizes, the structure of the Contest, the redemption period of the Coupons, etc.), and may discontinue the Activity and the Contest at any time without notice, at Viber’s sole discretion, and without any liability on its part. Viber’s decisions on all matters involving the Activity and/or the Contest will be final.
7.2 Without derogating from anything in the contrary in these Terms, the Participant specifically acknowledges and you are aware and agree that your Viber user name and picture may be published by Viber and/or the rest of the Rakuten Group (at their sole discretion) and may be made available to over nine hundred million (900,000,000) Viber users within the Viber network, as well as to the general public through the media and other social networks, including, without limitation, on Facebook, for the purpose of Contest’s promotion.
7.3 By submitting an Entry or otherwise participating in the Contest, you hereby agree to receive marketing or promotional materials from Viber and the rest of the Rakuten Group. In addition, by submitting an Entry to the Contest, you hereby agree that your information will be shared with Viber and the rest of the Rakuten Group, and Chat Leap Ltd. (the third party service provider which stores the aforementioned information), under their respective Terms of Use and Privacy Policy.
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