These Terms & Conditions (the “Terms”) govern your participation in the Stickers on Photos 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, -1536 Luxembourg.
Participants. In order to participate in the Contest, you must be 18 years old or older, and have a Viber account in your name. Participation is forbidden on employees of Viber and their family members or anyone else connected in setting up or administrating the Contest.
1. Entries to the Contest.
1.1. Entry to the Contest is free and does not require making any purchase or paying any fee.
1.2. In order to enter into the Contest, please send your photo/s to the chatbot available here http://bit.ly/ViberHalloween. Please make sure that your photo/s does not include any minors and/or any person who did not consent to be included in the Contest.
1.3. Entries (as defined below) to the Contest will be accepted until October 31, 2017. After this date no further Entries can be made, unless we decide to extend the contest.
1.4. We assume no responsibility for entries not received on time or at all for whatever reason, including due to a technical error or malfunction.
1.5. All photos may be published as part of Viber’s campaign, and made available to over 900 million Viber users within the Viber network, as well as to the general public though other social networks. By making your Entry you hereby irrevocably agree in advance to this publication.
1.6. Each user may submit ten Entries to the Contest.
2. Winners and Prizes.
2.1. Five winners will be selected daily by a team composed of Viber personnel. Each winner will be entitled to receive a collection of Viber stickers (the “Prize”).
2.2. In addition, the winning Entries (as well all other Entries) and the personalized Prizes may be published as part of Viber’s campaign, and made available to over 900 million Viber users within the Viber network, as well as to the general public though other social networks. By making your Entry you hereby irrevocably agree in advance to this publication and confirm that everybody in the photo consented to such publication.
2.3. No cash alternative to the Prize will be offered. The Prize is not transferable. We reserve the right to substitute the Prize with another prize of equivalent value without giving prior notice.
2.4. Winners will be notified within 7 days of the close of the Contest, through the winners’ Viber account. If a winner cannot be contacted or does not claim the Prize within 7 days of notification, we reserve the right to withdraw the Prize from the winner and pick a replacement winner instead.
2.5. Viber’s decisions on all matters involving the Contest will be final.
3. Content and Restricted Uses.
3.1. By submitting your entry to the Contest, you hereby confirm, warrant and undertake as follows:
3.1.1. Your entry to the Contest as well as any other materials or content submitted or otherwise provided by you to Viber Contest (collectively, the “Entry”), is your own original work or you otherwise have sufficient legal rights thereto, including sufficient rights to give to Viber the License (as defined below) to the Entry .
3.1.2. In the event your Entry includes additional participants, you confirm that you have obtained their express consent for the use of their image, the submission of the Entry to the Contest, the publication of the image by Viber and otherwise to these Terms. You are solely responsible towards Viber in connection with your Entry. You will fully indemnify Viber for any claims in respect of your Entry, the use by Viber of your Entry in accordance herewith, and its lawfulness, either by the additional participants or by any other third party. In particular, you agree to pay for all royalties, fees, damages, and any other monies owing to any person or entity by reason of submission of your Entry to the Contest in violation of these Terms or of applicable law.
3.1.3. By uploading your Entry you represent and warrant that: Your Entry (i) is not defamatory, unlawful, harmful, threatening, abusive, harassing, tortuous, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) does not infringe any third party’s rights, including any patent, trademark, trade secret, copyright, or other intellectual property right, or any privacy rights; (iii) does not promote any unlawful activities, gambling and/or pornography; (iv) does not constitute content that you do not have the right to make available by reason of any law or contractual or fiduciary relationship; (iv) does not comprise or include any “junk mail” or “spam”; and (v) does not include content which does not fully comply with these Terms.
3.1.4. You hereby grant Viber an irrevocable, perpetual, non-exclusive, royalty-free and worldwide license (the “License”) to use the Entry in any way Viber may reasonably choose for the purpose of the Contest as well as for promoting Viber’s services and products and other commercial uses, including without limitation, a license to copy, transmit, excerpt, publish, edit, distribute, publicly display, create derivative works of, host, index, cache, tag, encode, modify and adapt, in any form or media now known or hereinafter developed. You hereby further warrant to Viber that you have the right to grant the License. If you do not want to grant Viber the said License, and/or did not obtain the agreement by all participants in the Entry to provide the said License, please do not share or submit the Entry to the Contest.
3.1.5. Without derogating from the above, you specifically acknowledge that you are aware and agree that your name and your Entry may be, at Viber’s sole discretion, published and publicly displayed within and outside the Viber network, including on various social networks, for commercial purposes, and that you will have no claim whatsoever towards Viber in connection with such use, including any claim for any remuneration, royalties or other compensation, or any claim concerning a violation of intellectual property or privacy rights.
3.2. In addition, by submitting an Entry to the Contest, you further undertake that you will not, nor will you allow others, to:
3.2.1. Engage in excessive usage of the Contest site or network, as determined by Viber, or disrupt the availability of the Contest chatbot or network for other users;
3.2.2. Interfere with or disrupt the Contest and/or Viber’s chatbot, or otherwise interfere with Viber’s systems and services in any manner.
3.3. Viber may, but is not obligated to, review any Entry and block, delete, add clarifications, edit, modify, replace, or remove an Entry that Viber, in its sole discretion, considers to be non-compliant with any of the requirements of these Terms, the terms of service and policies of any social networks providers and/or any applicable law or regulation.
3.4. Without any obligation from Viber to delete any content, if you see any content you believe to be offensive or infringing of copyrights, you may report such content to us.
3.5. You are solely responsible for backing up of your Entry. Viber shall not be liable for any purging, deletion or failure to retain any Entry.
3.6. You acknowledge that Viber cannot control third party’s uses of pictures published publicly on social media and shall not be liable for any such use.
4. Limitation of Liability.
4.1. 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 CONTEST OR ANY OTHER CLAIM RELATED IN ANY WAY TO THE CONTEST. 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.
4.2. AS A CONDITION OF ENTRY INTO THE CONTEST, 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: ACCESSING THE CONTEST PAGE; SUBMITTING AN ENTRY OR OTHERWISE PARTICIPATING IN ANY ASPECT OF THE CONTEST; THE RECEIPT, OWNERSHIP OR USE OF ANY PRIZE AWARDED; WHERE APPLICABLE, PREPARING FOR, PARTICIPATING IN OR TRAVELLING TO AND/OR FROM ANY PRIZE-RELATED ACTIVITY; OR ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE CONTEST TERMS OR THE CONTEST TERMS OR THE ANNOUNCEMENT OF THE OFFERING OF THE PRIZE.
5. General.
5.1. Subject to applicable law, Viber reserves the right to cancel or amend the Contest and these Terms at any time without notice and at Viber’s sole discretion.
5.2. The Contest and these terms and conditions will be governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of London, UK.