RAKUTEN VIBER’S SCRATCH AND WIN CAMPAIGN TERMS AND CONDITIONS

We are happy that you wish to take part in the Rakuten Viber’s Scratch and Win Campaign (the “Campaign“). These Terms & Conditions (the “Terms“) govern your participation in the Campaign. By participating in the Campaign, 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 Campaign. “Viber” means Viber Media S.à r.l., dba “Rakuten Viber” a company incorporated in the Grand Duchy of Luxembourg, having offices at 2 rue du Fossé, L-1536 Luxembourg.

Participation. In order to participate in the Campaign, you must have a valid Viber account registered with a valid phone number in your country and be at the legal age of consent to form a binding agreement in your country (or older), but in any event not less than 16 years old.

VOID IN ALL TERRITORIES WHERE PROHIBITED BY LAW.

1. General

1.1. During the Term of the Campaign (as defined below), subject to the quantities, territories and further Partners’ terms as stated in the Prizes Table below, and as further detailed herein, users of the Viber App that: (i) have received a push notification from Viber through which they accessed  the scratch and win scratch card on the Viber App (the “Scratch Card”); or (ii) got a Scratch Card pop-up upon opening the Viber App,  will be granted with an option to scratch the Scratch Card and be awarded a Prize (as defined below) which shall be randomly awarded to them from the selection of Prizes. In any case only one (1) Prize can be redeemed by each user for the Term of the Campaign (or up to two (2) Prizes in the Participant’s countries which includes Partner’s Prizes), all as further described below (any such user, a “Participant”, or “you”).

1.2. Participation is forbidden for employees of Viber and the rest of the Rakuten Group, and for employees of the Partners (as defined below), and their family members or anyone else connected in setting up or administrating the Campaign.

1.3. As further mentioned below, all Prizes are provided by either Viber or any of its Partners (where applicable) under the Campaign. The Participant’s country, for the purposes of determining the eligibility of relevant Prizes, is determined based on the Participant’s phone number country prefix.

1.4. You may not redeem Prizes by using multiple identities or devices in an attempt to circumvent an orderly conduct of the Campaign as set forth under these Terms. If you use fraudulent methods or otherwise attempt to circumvent these Terms and an orderly conduct of the Campaign, your access to the Scratch Card may be denied, your Entry may be disqualified, and your eligibility may be voided, at the sole and final discretion of Viber.

1.5. The terms and conditions set forth in the Viber Terms of Service available at https://www.viber.com/en/terms/viber-terms-use/, as amended from time to time, shall apply to the Scratch Card and the Participants at all times, and nothing herein shall derogate from their applicability.

1.6. Participation in the Campaign is free of charge and does not require making any purchase or paying any fee to Viber. If your Prize is provided by one of the Partners, then such Prize will be subject to the Partner’s binding terms and conditions, which apply in addition to these Terms, and which are further set in the Prizes Table below. Furthermore, you may have to be asked to make a purchase at such Partner’s resource, platform, facility, online or offline store, etc. in order to be able to take advantage of the Prize.

1.7. The Campaign shall take place between December 4, 2023, 00:01 and December 25, 2023, 17:00 (GMT+3) (the “Term”). The term “day”, “daily” and other derivatives used in these Terms will mean a calendar day (24 hours) according to GMT+3 time zone, within the Term. Viber reserves the right to modify or delay the Term.

1.8. Entry to the Scratch Card shall be considered an “Entry” and participation in the Campaign, and is subject to the Terms hereof.

1.9. Viber assumes no responsibility for Entries not received on time or at all for whichever reason, including due to a technical error or malfunction.

2. Prizes; Partner’s Prizes

2.1. Subject to the terms and conditions under these Terms, (i) Participants who will enter the Scratch Card via the push notification they received or via the Scratch Card pop-up on the Viber App and will then scratch the Scratch Card, as further set forth in Section 2.4 below, will be entitled to receive one prize, which will be randomly awarded to Participant out of the available pool of Prizes in Participant’s country as described in the Prizes Table below (the “Prize(s)”); and (ii) if Partners from Participant’s country are participating in the Campaign, as described in the Tables below, one of the Prizes may also include, in addition to the Prize specified above, a chance to win a Prize of such Partner (the “Partner’s Prize”) as described in the Tables below and as further set forth in Section 2.5 below. The Partner’s Prize winners will be randomly selected by Viber, out of the Participants who scratched the relevant Scratch Card.

2.2. It is acknowledged that some of the Prizes are provided by the Partners described below in the Prizes Table and some are provided by Viber. The applicability, eligibility, redemption, use and exercise of each Partner’s Prize is solely subject to the specific terms and conditions of each Partner appearing against the relevant Partner’s Prize under the column “Partner’s Binding Terms and Conditions” in the Prizes Table, if and as applicable. All Partner’s 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 actual randomized selection, redemption, exercise, use or enjoyment of the Partner’s Prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose and Viber hereby expressly disclaims any responsibility and/or liability whatsoever with respect to any aspect of the Partner’s Prizes , including inter alia in connection with the applicability, eligibility for, validity, redemption, exercise and use of such Partner’s Prizes. Furthermore, in some territories, the actual randomizes selection/or the grant of prizes in connection thereto may not be permitted and in such case, the eligibility for a Prize shall be void.

2.3. No cash alternative to the Prizes will be offered. The Prizes are offered on a ‘NO EXCHANGE, NO REFUND’ basis and are not transferable. Any redemption, exercise and use of any Prize, as well as any and all Prize-related expenses, if any, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Participant. No substitution of Prize or request for the cash equivalent by Participant shall be allowed.

2.4. In order to receive a Prize, the Participant will be offered to scratch the Scratch Card. Following such scratching, the indication of the Prize, which has been randomly selected and automatically assigned to the Participant, will be revealed, and the user will be suggested to redeem/proceed to exercise the Prize, and if the Prize also includes the chance to win a Partner’s Prize – the Participant who won the Partner’s Prize will be notified via a message by Viber (in case the Prize is provided by one of the Partners, such redemption/exercise will be subject to such Partner’s terms and conditions). The overall eligibility of one Participant will be limited to a total of one (1) Prize (or up to two (2) Prizes in the Participant’s countries which includes Partner’s Prizes) (i.e. either one Viber Out Coupon, one Viber Plus monthly subscription, one Sticker Pack and/or one Partner’s Prize – to be distributed randomly by Viber subject to the availability and the country pool of prizes as set forth in the Prizes Table).

2.5. In countries where Partners participate in the Campaign (see the Partners’ Table below), after Entry to the Scratch Card, one of the Prizes may include, in addition to the Prize specified in Section 2.1(i) above, a chance to also win a Partner’s Prize. The Partner’s Prize winners will be randomly selected by Viber, out of the Participants who scratched the relevant Scratch Card.

2.6. Each Participant hereby acknowledges that the availability of Prize / Partner’s Prizes during the Campaign is not guaranteed, that the pool of Prizes / Partner’s Prizes may be fully exhausted prior to the end of the Term, and Participant shall have no right or entitlement in connection thereof, and Viber shall have no obligation whatsoever to replenish the Prize and/or provide Participant with alternatives. Without derogating from any provisions hereunder and in addition to Section 3.3 below, the Participant hereby confirms its non-reliance on the Prizes’ / Partner’s Prizes’ availability and waives, as between the Participant and Viber, to the maximum extent permitted under applicable law, any and all claims whatsoever that it may have in connection thereof or with respect to the eligibility for Prizes or Partner’s Prizes.

2.7. Viber reserves the right to change, modify, suspend and/or cancel the Campaign or any part thereof at any time (including by way of limiting the use of the Prizes /Partner’s Prizes, adding or reducing the number of Prizes /Partner’s Prizes and/or opportunities, or canceling any and all Prizes /Partner’s Prizes etc.), or discontinue this Campaign 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 Campaign will be final and binding.

3. Limitation of Liability; No Warranty

3.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIBER AND EACH OF ITS AFFILIATES, AND/OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR PARTICIPATION IN THE CAMPAIGN OR ANY OTHER CLAIM RELATED IN ANY WAY TO THE CAMPAIGN. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF VIBER HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VIBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

3.2. 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.  PARTICIPANTS AGREE AND ACKNOWLEDGE THAT ALL 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.

3.3. BY PARTICIPATING IN THE CAMPAIGN, YOU HEREBY RELEASE VIBER AND EACH OF ITS AFFILIATES AND SUBSIDIARIES AND/OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS OR ACTIONS OF ANY KIND WHATSOEVER WITH RESPECT TO INJURIES, DAMAGES, OR LOSSES, TO PERSONS OR PROPERTY, WHICH MAY BE SUSTAINED IN CONNECTION WITH SUBMITTING AN ENTRY, PRIZES, PARTICIPATION IN THE CAMPAIGN OR WITH RESPECT OF ANY ASPECT OF THE CAMPAIGN.

4. Miscellaneous

The name of the Rewards winners, as well as footage and other images may be published by Viber and/or the rest of the Rakuten Group (at their sole discretion) and may be made available to over one Billion (1,000,000,000) 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 Promotion each Participant hereby irrevocably agree in advance to the publication described in the preceding sentence to the fullest extent permitted under law.

Any personal information collected under the Promotion will be collected, processed and used in accordance with Viber’s Privacy Policy, which is available at https://www.viber.com/terms/viber-privacy-policy/. Additionally, this information may be used by Viber for the purposes of administering the Campaign, and by Viber and the Partners for providing the Prizes, including but not limited to name, email address and phone number.

The Campaign and these Terms are governed by the laws of England and Wales, without regard to the conflict of laws principles. As a condition of participating in this Campaign, a Participant agrees that any and all disputes which cannot be resolved between the parties hereto, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in London, UK. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including attorneys’ fees.

 

© 2023 Viber Media S.à r.l. All Rights Reserved.

 

 

 

 

PRIZES TABLE