We are happy that you wish to take part in the Rakuten Viber’s Send an Invite and Get a Reward promotion (the “Promotion“).
These terms & conditions (the “Terms“) govern your participation in the Promotion. By participating in the Promotion, 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 Promotion.
“Rakuten Viber” or “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 be eligible for the Promotion, you (or the “Referrer”) and the Recipient (as defined below) must be living at the time of the Promotion in USA or UK, and you must have an active Viber account, have the Viber App on your mobile device and received the initial message from Viber suggesting to take part in this Promotion. The Participant’s and Recipient’s country, for the purposes of determining the eligibility to participate, is determined based on their phone number country prefix.
1. The Promotion:
1.1. In order to take part in the Promotion you must share your unique link with someone else (the “Recipient”, and together with the Referrer – the “Participant(s)”). The Recipient need not be a Viber user (according to Viber’s records as for the Recipient’s number) at the time of receiving the link and they must:
1.1.1. Meet Viber’s eligibility criteria;
1.1.2. Click your link (Not supported on HUAWEI AppGallery);
1.1.3. Join Viber (complete the onboarding process).
1.2. All of these steps must be performed by the Recipient by the end of the Term (the “Reward Requirements”). It is hereby clarified that if Recipient installed Viber after the end of the Term as specified below, or did not comply with any of other conditions listed herein by the end of the Term, you will not be eligible for any Reward.
1.3. You will lose the right to a Reward if the Recipient is unable to comply with the Reward Requirements for any reason;
1.4. If the above steps, these Terms and all other applicable terms are complied with, then:
(i) You will be notified that you have completed the required steps for receiving a reward and within 72 hours of such notification, you will receive a free Viber Plus subscription for 1 (one) month directly activated in your Viber account (the “Referrer Reward” and the “Referrer Reward Activation” accordingly) and you will also receive a chance to win an additional reward of USD 100 / GBP 100 (in accordance with the territory of the Referrer) gift card by “Gifted.co” (the “Gift Card Reward”); and
(ii) The Recipient will also receive a chance to win the Gift Card Reward (the “Recipient Reward”, and together with the Referrer Reward: the “Reward(s)”).
1.5. 1 (one) winner of the Gift Card Reward will be randomly elected by Viber during the Term and announced on November 13, 2023.
1.6. The Gift Card Reward is provided by Gifted.co (“Gifted”) and will be subject to Gifted’s binding terms and conditions, which apply in addition to these Terms.
1.7. After receiving the Referrer Reward, upon the lapse of 1 (one) month from the Referrer Reward Activation, the Viber Plus subscription on the Referrer’s Viber account shall end.
1.8. Both you and the Recipient will receive a notification of eligibility to receive the relevant Reward.
1.9. Note, a Recipient can only be granted a Recipient Reward once for joining Viber under a referral campaign.
1.10. The winner of the Gift Card Reward will be contacted by Viber within fourteen (14) days from the end of the Term via formatted message (the “Reward Notification”). The winner must reply within seventy-two (72) hours of the date of the Reward Notification (the “Deadline”) with their full name, email address for further communication and a mailing address. If the winner does not respond to the Reward Notification by the Deadline, he/she may be disqualified and another Reward winner may be randomly chosen by Viber to be the alternate winner, and Viber may repeat the aforementioned process until a qualified Reward winner has been selected for the Promotion.
1.11. Viber may prohibit you from participating in the Promotion or winning any Reward (or any other action it deems appropriate) if, in its sole discretion, it determines that you or a Recipient are attempting to undermine the legitimate operation of the Promotion by fraud, cheating, hacking, deception, other unfair practice or are in non-compliance with applicable Viber terms, app store/Google store terms or applicable law relevant to the Promotion or haven’t passed any Viber internal verification checks. You must complete all steps required and pass all eligibility criteria to receive a Reward. If you are unable to do so for any reason within 45 days after the notification you will lose the right to a Reward.
1.12. The Promotion shall take place from 1/11/2023 00:01 until 10/11/2023 23:59 (EST) (the “Term”).
1.13. Viber may, at its sole discretion, and at any time: (i) cancel any outstanding Reward granted (or any part thereof), or – (ii) require you to repay the amount corresponding to the Reward value (or any overpayment), or – (iii) recover the amount corresponding to the reward value (or any overpayment) , if any of the Rewards (or any part thereof) is granted: (a) in contravention to these Terms, (b) any applicable law, or (c) in error.
1.14. It is acknowledged that the Gift Card Reward is provided by Gifted and the Referrer Reward is provided by Viber. The applicability, eligibility, redemption, use and exercise of the Gift Card Reward is solely subject to the specific terms and conditions of Gifted and of Gifted’s third party vendors, as applicable to the exercise of the specific gift card chosen by the winner of the Gift Card Reward via Gifted. All Rewards 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 raffle, redemption, exercise, use or enjoyment of the Gift Card Reward or Referrer Reward, 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 Reward, including inter alia in connection with the applicability, eligibility for, validity, redemption, exercise and use of any of the Rewards.
1.15. No portion of any of the Rewards may be transferred, or substituted, except by Viber (in its sole discretion), which reserves the right to substitute any portion of the Rewards with a prize of equal or greater value for any reason, including, without limitation, Rewards unavailability. All expenses not specifically identified as included in a Rewards are the sole responsibility of the Participants.
2. Limitation of Liability:
2.1. 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 INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR PARTICIPATION IN THE PROMOTION INCLUDING ANY CLAIM RELATED TO THE REWARDS. 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.
2.2. 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 REWARDS 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 REWARD, 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.
2.3. AS A CONDITION OF YOUR PARTICIPATION IN THE PROMOTION, YOU AGREE TO RELEASE VIBER AND EACH OF ITS AFFILIATES, AND/OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH SUBMITTING AN ENTRY OR OTHERWISE PARTICIPATING IN ANY ASPECT OF THE PROMOTION;
3. General
3.1. 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.
3.2. Viber reserves the right to change the Promotion or any part thereof and these Terms (including the Reward Requirements and the Reward), or discontinue this Promotion 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 Promotion will be final.
3.3. 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 Promotion, and by Viber and Gifted for providing the Gift Card Reward, including but not limited to name, email address and phone number.
3.4. Except where prohibited, Participants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or a Reward 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.
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