These Terms & Conditions (the “Terms”) govern your participation in Viber’s 2024 European Football Fan Challenge (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 least 18 years old, unless the applicable local law requires a different age and to have a Viber account. Participation is forbidden for 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 such Participant’s Entries. Viber reserves the right to verify the 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 Viber Terms of Service (available 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 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 for a period from June 14th – July 14th, 2024, 23:59:59 (GMT (the “Term”)).
1.1.3 During the Term, Viber users will have the chance to compete in the global contest and predict daily football matches’ results through the Chat Leaderboard feature (the “Matches”).The contest is a global contest available to Viber users around the world,. In addition, certain countries as further set in these Terms, will be offering the top scoring local users of the global contest the opportunity to win additional prizes which shall be distributed locally. Upon joining the Viber European Football Activity, through one of the different channels available (the “Activity”), you will be redirected to Rakuten Viber’s European Football Fan Challenge 2024 ⚽(the “Bot”). In order to participate in the Contest, you will have to approve these Terms and play according to the below rules. Approving these Terms will be considered an “Entry” and participation in the Contest, which is subject to the Terms hereof. When you participate in the Contest your Viber user name and picture, together with the points that you have collected, will be displayed in the Contest’s local country level, and global, leaderboards, which will be available to all Participants of the Contest (i.e. the local 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 user name is a phone number, or our system suspects that it is, we will change your user name in the Contest’s Leaderboards to “Unknown”.
If you choose to participate in the Contest, you grant Viber the right to display your Viber user name and picture, together with the points you have collected, in the Contest’s Leaderboards. If you do not wish your Viber user name and/or picture to be displayed in the Contest’s Leaderboards, please refrain from participating in the Contest.
1.1.4. A Viber user is only able to make one prediction per Match, and that prediction will apply to all the different leaderboards he/she is 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 game – the last prediction that was submitted – will be taken into account and recorded 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 asked to predict the results of each Match before the commencement of the Match (the “Record Time”). If you did not submit your prediction by the Record Time for the Match, you will not be eligible to predict the results of such Match.
1.2.2 If you perfectly predict the Match result, you will receive 3 points and be displayed in the Contest’s Leaderboards (as specified in section 1.1.3 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 (namely the number of goals) 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 quarter-final matches, 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 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 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 One Weekly Prize will be awarded at the end of each week of the four (4) weeks of the Contest and one (1) Grand Prize will be awarded at the end of the Term.
At the end of each week of the Contest, the one (1) Participant that collected the most points during that week will win a Weekly Prize. In certain local countries the one (1) local Participant that collected the most points during that week will win an additional Local Prize.
At the end of the Term, the Participant that collected the most points during the entire Term (so long as they have not already won a Weekly Prize) 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 more than one (1) Participant 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 more than one (1) Participants collecting the most points and perfectly predicting the same number of Matches’ results, then the (1) Participant that was the 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, at its sole discretion.
1.2.5 Viber assumes no responsibility for Matches’ predictions not received on time or at all from Participants for whatever reason, including due to a technical error or malfunction.
2. Prizes:
2.1. Weekly Prizes:
1 Weekly Prize shall be awarded at the end of each of the four (4) weeks of the Contest. Throughout the Contest a total of four (4) Weekly Prizes will be awarded to a total of four (4) Winners. Each Winner of a Weekly Prize shall receive one (1) Apple iPhone 15 (128gb).
2.2 Grand Prize
The one (1) Ultimate Winner of the Grand Prizes shall receive one (1) Apple iPhone Pro Max (256gb).
The Weekly and Grand Prize are subject to Apple being available in your country of domicile/ residency. If you do not live in a country where Apple iPhones are available Viber will try to find a substitute merchant for devices of an equivalent value. However, if you are domiciled/resident in Russia you will not be able to receive a Prize at all.
The Grand Prize, Weekly Prizes and Local Prizes and Local Grand Prize shall together be referred to as “Prizes”.
In addition to the above Prizes, users in Algeria and in Georgia will also be entitled to the below weekly local prizes (“Local Prize”) and a grand prize (“Local Grand Prize”). The winning of a local prize by a Participant does not disqualify that Participant from the chance to win a Weekly or Grand Prize (global prize).
2.2.1 Algeria
Participants must be domiciled/residents of Algeria.
Five (5) local prizes shall be awarded in Algeria as follows: one (1) weekly prize shall be awarded at the end of each of the four (4) weeks of the Contest and one (1) local grand prize shall be awarded at the end of the Contest.
The Local Prize per each week is one (1) official Algerian national non-signed jersey of Riyad Mahrez (a total of 4 weekly prizes total), and the Local Grand Prize is one (1) official Algerian national signed (by the footballer Riyad Mahrez) jersey of Riyad Mahrez.
Each winner shall receive one (1) football jersey. Participants may only win one local prize. In the event of a participant securing the most points in more than one (1) week of the Contest and/or total score at the end of the Contest, that participant’s score shall not be recognized more than once and said participant may only win one (1) prize of a football jersey. For subsequent weeks/end of the Contest following the participant’s win of a prize, the participant with the next highest score of points who has not already won a local prize will win that week’s/end of contest prize.
The prizes shall be provided by Viber and delivered/posted to winners by Viber.
The winner of the prize will not be able to choose the size of his/her jersey signed by Riyad Mahrez. The winner will not be able to request or receive a different size of jersey.
Georgia
Participants must be domiciled/residents of Georgia.
Five (5) Prizes shall be awarded in Georgia as follows: one (1) Local Prize shall be awarded at the end of each of the four (4) weeks of the Contest and one (1) Local Grand
Prize shall be awarded at the end of the Contest.
The Local Prize per each week is one (1) Football of Euro 2024 (a total of 2), and one (1) national team jersey (a total of 2).
The Local Grant Prize is a national team bomber.
In the event of a participant securing the most points in more than one (1) week of the Contest and/or total score at the end of the Contest, that participant’s score shall not be recognized more than once and said participant may only win one (1) Prize. For subsequent weeks/end of the Contest following the participant’s win of a Prize, the participant with the next highest score of points who has not already won a Local Prize will win that week’s/end of contest prize.
The Prizes shall be provided by Viber and delivered/posted to winners by Viber.
The winner of the prize will not be able to choose the size of his/her Prize, nor shall be able to request or receive a different size of the Prize.
2.2.2 The Ultimate Winners will be contacted via the Bot by a direct message within fourteen (14) 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”), and provide 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 email. In this event, the Ultimate Winner must sign and return the scanned Contest Documents by email 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 timely 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 Ultimate Winner selection and notification procedures set out in this section until a qualified Ultimate Winner has been selected for the Contest.
2.2.4 The Ultimate Winners will be officially announced in the Bot, within 14 days from the end of the Term.
2.2.6 Prize winners 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 re not expressly included in the Prize description. Failure to take the Prize does not relieve the Prize winner of his/her tax obligations associated with winning the aforementioned Prize.
2.2.7 Except where prohibited by law, a Winner’s entry, and acceptance of the Prize constitutes the 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 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 Prize winner releases Viber and the 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.
2.2.8 The names of the Prize Winner, as well as footage and other images of the Prize Winner, may be published by Viber and/or the rest of the Rakuten Group (at their sole discretion) and may be made available to all 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 a Prize, each Participant hereby irrevocably agrees 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 at Viber’s sole discretion.
2.4 Participants from all territories may only win one Prize for the entire Contest.
2.5 Viber is entitled to change any of the Prizes, and to add and/or remove Prizes, at its sole discretion.
2.6 No portion of any of the Prizes may be transferred except by Viber (at its sole discretion), who reserves the right to substitute any portion of a Prize with a prize for any reason, including, without limitation, Prize unavailability. 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) including with regard to the use or enjoyment of the prize, including, without limitation, its quality, 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. The Prizes are provided by third parties and Viber is not responsible for these, if there are any issues with the functioning or use of the Prize you should contact the provider of the Prize.
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 Match(es) 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’s 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 the 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. 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 brought against Viber or its affiliates 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 Apple gift cards, 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 all 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.
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