These Terms & Conditions (the “Terms”) govern your use of the Spell Bee Chat BOT (the “BOT”). By using the BOT, 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 using the BOT. “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.
In order to use the BOT, 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.
The Spell Bee is intended for students over 16 who are in higher secondary level students. English will be used as the primary language for the competition. Students currently engaged in Higher Secondary Level, A Levels or equivalent are eligible to apply for the competition. Eligible students will have to register officially through Nepal Spell Bee Chatbot.
Usage of the BOT is forbidden to employees of Viber and the rest of the Rakuten Group, and their family members or anyone else connected in setting up or administrating the BOT.
Only Users (as defined below) from Nepal will be eligible to participate and win gifts (as defined below).
Any attempt by a User 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 Users’ Entries. Viber reserves the right to verify eligibility of all Users. Illegible and/or incomplete Entries and Entries submitted by Users who do not meet the eligibility requirements are void.
The terms and conditions set forth in Viber’s Terms of Service at https://www.viber.com/en/terms/viber-terms-use/, 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 use of the BOT.
1. Entries to the BOT
1.1. General:
1.1.1. Entry and use of the BOT is free and does not require making any purchase or paying any fee.
1.1.2. The BOT shall operate between August 1, 2022 to April 31, 2022, 23:59:59 Nepal local time (the “Term”).
1.1.3. During the Term, Viber users of the BOT will have access to Spell Bee contest/games and will have the chance to win gifts. In order to participate you will need to subscribe to the BOT, approve these Terms and play according to the below rules. Subscription to the BOT and approval of the Terms will be considered an “Entry” and use of the BOT is subject to the Terms hereof. Each Viber user that subscribed to the BOT and approved the Terms will be considered a “User” of the BOT.
1.1.4. When you use the BOT your Viber username and picture, together with the points that you have collected, will be displayed in the BOT’s leaderboard which will be available to all Users of the BOT (the “BOT’s Leaderboard”). If your Viber username is a phone number, or our system suspects that it is, we will change your username in the BOT’s Leaderboard to “Unknown”.
If you choose to use the BOT, you grant Viber the right to display your Viber username and picture, together with the points you have collected, in the BOT’s Leaderboard. If you do not wish your Viber username and/or picture to be displayed in the BOT’s Leaderboard, please refrain from using the BOT.
1.1.5. The BOT will launch features in Phases.
Phase I: Eligible Students wishing to participate in the Spell Bee contest must first register exclusively through Viber Bot, where they will share their personal information including: name, school name, city, grade, and also need to attach student ID for verification purposes. Once they share, the Bot will generate a unique QR Code and ID, after which they can take a test for the first qualification round.
The test is available in 25 locations; meaning that the test questions will be different for each city. The names of cities include: Illam, Birtamode(Jhapa), Damak(Jhapa), Biratnagar, Itahari(Dharan), Siraha, Lahan, Janakpur, Birgunj, Hetauda, Chitwan, Pokhara, Palpa, Butwal, Dang, Nepalgunj, Dhangadhi, Mahendranagar, Surkhel, Bhaktapur, Lalitpur, Banepa, Basundhara(Kathmandu), Kalanki(Kathmandu) and Baneshwor(Kathmandu).
After the 1st registration and digital test, shortlisted students will receive a push message from Bot along with the details of an offline qualifier contest, where they will need to come to the venue with the Bot generated QR Code (to be presented while entering the venue). They will have to take the test again in the venue through Bot and there will be on the ground activities for the students.
Phase II: There will be games in the Bot with the leaderboard, but no rewards/prizes are involved.
Question of the week: Every week any Bot subscriber can join the question of the week contest, where they can set an alert in order to receive a reminder to participate. Every week on Sunday, Bot will activate some questions with a timer of 5-10 minutes, where the participants need to answer questions and submit. A lucky winner will be announced in the show. The winner will be announced on Viber Bot, the contest’s official social media handles, channels and additional platforms (to be determined). The winner of the “Question of the week” will be rewarded with a gift by Viber as will be announced on the show.
2. Prizes
2.1. Each winner of the “Question of the Week” will be contacted through the BOT (the “Gift Notification”). The Winner must reply within seventy-two (72) hours of the date of the Gift Notification (the “Deadline”), the winner’s full name, email address for further communication and a mailing address. If the winner does not respond to the Gift Notification by the Deadline, he/she may be disqualified and the User to follow in the applicable BOT’s Leaderboard may be chosen by Viber to be the alternate winner (“Alternate Winner”), and Viber may repeat the aforementioned process until a qualified winner has been selected.
2.2. The winner of the “Question of the Week” will be solely responsible for all federal, state and local taxes and fees and other expenses associated with his/her gift receipt and/or use that are not expressly included in the gift description. Failure to take or complete the gift does not relieve the winner of the gift of his/her tax obligations associated with winning the aforementioned gift.
2.3. Except where prohibited by law, the of the “Question of the Week’s entry, and acceptance of the gift constitutes the 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 winner’s and, if applicable, travel companion of a 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 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 Prize winner waives any right to inspect or approve any such use.
2.4. The name of the winners, as well as footage and other images of the winners 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 using the BOT and/or claiming the gift each winner hereby irrevocably agree in advance to the publication described in the preceding sentence to the fullest extent permitted under law.
2.5. Viber reserves the right to verify eligibility of all Users. 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.
2.6. Viber is entitled to change any of the gifts, and to add and/or remove gifts, in its sole discretion.
2.7. No portion of any of the gifts for winners 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 gift with a prize of equal or greater value for any reason, including, without limitation, gift unavailability. All expenses not specifically identified as included in a gift are the sole responsibility of the winner. The gifts, and all elements thereof, are subject to availability. The gifts 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 gift is at 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 gift.
3. RELEASE. GIFT WINNERS AND USERS 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 BOT.
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 Game participation not performed 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 Game participation, 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 User’s or any other person’s computer related to or resulting from participating in the promotion or downloading any material for the BOT, or other telecommunications malfunctions which may limit a User’s ability to participate. Viber may prohibit a User from using the BOT, at the Game or winning a Prize if, in its sole discretion, it determines that said User is attempting to undermine the legitimate operation of the BOT by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs), if such User is intending to annoy, abuse, threaten or harass any other Users or Viber representatives and/or if such User Viber user name or picture, as displayed in the BOT’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 the BOT 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 BOT.
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 BOT, 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 noninfringement. 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 and Users agree that the Prizes and the Game 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 or the Game, 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, User agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this BOT, the Game 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 BOT 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. Data Sharing and Privacy
7.1. It is anticipated that Viber shall share various data with MALIN MEDIA AND EVENT (“MALIN”), for the selection process, including sharing the data of registrants, including: name, school name, City, etc., (“Personal Data”). Notwithstanding anything to the contrary herein, it is clarified that the only law regarding privacy and data protection matters which shall govern Viber under and in connection with this Agreement and with which Viber shall comply, is the GDPR (as defined below), and that MALIN shall be subject to and comply with both the GDPR and any other data or privacy regulations in Nepal.
7.2. Under no event shall Viber be deemed as being compelled to act in accordance with or subject to any privacy and/or data related regulation of Nepal, and any claims and/or demands which Viber may receive directly or indirectly (including from MALIN), in connection with issues under the applicable Nepal regulations shall subject to Viber’s compliance with the terms of this Agreement, be dealt with solely by MALIN, who shall indemnify, defend and hold Viber harmless from any such claims at MALIN’s sole expense and responsibility.
7.3. Further to the above, it is clarified that any terms used herein which are defined under the GDPR and/or the applicable Nepal law, shall apply to Viber only in accordance with their definition under the GDPR.
7.4. Without derogating from the above, neither Party shall be liable to the other for any indirect, consequential, incidental, special or punitive damages or lost profits under any legal theory or cause of action, even if a Party has been advised of the possibility of such damages. Without derogating from the above, in no event shall either party’s liability be expanded to cover any damages other than direct damages.
7.5. Both Parties have in place reasonable and appropriate administrative, physical, technical, and organizational security measures that protect Personal Data from Security Breach. The Receiving Party of Personal Data shall implement security measures which include at least:
7.5.1. Specific controls such as but are not limited to, access controls, host security, business continuity plan, perimeter security, and other measures reasonably necessary to ensure confidentiality, integrity, and availability of Personal Data,
7.5.2. Measures to securely dispose of the Personal Data, taking into account available technology so that such information cannot be practicably read or reconstructed,
7.5.3. Plans and procedures to recover Personal Data following an unplanned event resulting in an interruption of or inaccessibility of Personal Data,
7.5.4. Limiting access to Receiving Party’s Personnel who need to know the Personal Data for the purpose of implementing these Terms and Conditions,
7.5.5. Implementing logging and auditing techniques for access to Personal Data processes,
7. 5.6. Use of anonymization, pseudonymization, and encryption of Personal Data as appropriate, taking into account the risks that are presented by the processing, and
7.5.7. Regular testing of the effectiveness of the security measures implemented.
7.6. The Receiving Party shall ensure that Personal Data is backed up on a regular basis, and that any back up is subject to security measures as necessary to protect the confidentiality, integrity, and availability of Personal Data.
7.7. Personal Data should only be processed for as long as is necessary. Sharing of Personal Data should be limited accordingly and for no longer than the Term of this Agreement. Specific justification for processing of Personal Data beyond this period is required and only upon written consent of the Sharing Party.
7.8. If a complaint is received about the accuracy of Personal Data which affects personal and/or sensitive personal information shared with the other Party, an updated replacement Personal Data will be communicated to the other Party. The other Party must replace the outdated data immediately upon receipt of the revised data.
7.9. The Retention Period for specific Personal Data shall be as determined by the Parties. At the end of the Retention Period, the Personal Data shall be deleted unless further agreement is given by the Disclosing Party.
8. General
8.1. Viber reserves the right to change the BOT and these Terms (including without limitation, changing the Term, the Prizes, the structure of the BOT, the redemption period of the Prizes, the Game etc.), and may discontinue the BOT or the Game 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 BOT and/or the Game will be final.
8.2. Without derogating from anything in the contrary in these Terms, the User 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 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, for the purpose promotion.
8.3. By submitting an Entry or otherwise using the BOT, you hereby agree to receive marketing or promotional materials from Viber and the rest of the Rakuten Group.
© 2022, Viber Media S.à r.l. All Rights Reserved.