Barça Fans Video ‘Singing the Anthem’ Contest Terms and Conditions - June 2020

Barça Fans Video ‘Singing the Anthem’ Contest Terms and Conditions – June 2020

These Terms & Conditions (the “Terms“) govern your participation in the ‘Barça Fans Video ‘Singing the Anthem’ Contest (the “Contest“) organized by Viber and Futbol Club Barcelona (“FC BARCELONA”). 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” or “We” 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 at the age of legal capacity to form a binding agreement in your country (or older) and in any case over the age of 16, and to have a Viber account. Participation is forbidden on employees of FC BARCELONA, Viber and the rest of the Rakuten Group, and their family members or anyone else connected in setting up or administrating the Contest.

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 between June 4th, 2020, and June 9th, 2020, 23:59:59 (UTC+01:00 time zone) (the “Term”), unless we decide to extend the Term.

1.1.3 Please make sure that your Entry (as defined below) does not include any person who did not consent to be included in the Contest.

1.2 How to Compete:

1.2.1 In order to enter the Contest, you need to subscribe to the Futbol Club Barcelona bot, available for free in the Viber discover screen (respectively: a “Subscriber” and “FC BARCELONA Bot”), and send, during the Term (as defined below), a video of yourself singing the FC BARCELONA anthem.

1.2.2 A submission of a video to the FC BARCELONA Bot will be considered an “Entry” and participation in the Contest and is subject to the Terms hereof.
The terms and conditions set forth in the PA, PC and Bot and Community Terms and Guidelines available at https://www.viber.com/terms/chat-public-accounts-terms-guidelines/, as amended from time to time, shall apply to the FC BARCELONA Bot and the Subscribers’ engagement therewith.

1.2.3 Viber reserves the right to stop accepting Entries, at any time, in its sole discretion.

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

1.2.5 All Entries may be published as part of Viber’s or FC BARCELONA’s Barça Fans Video ‘Singing the Anthem’ campaign, and made available to over 1 Billion Viber users within the Viber network and/or FC BARCELONA’s social channels, as well as to the general public through other social networks and/or other means of mass media. By making your Entry you hereby irrevocably agree in advance to this publication.

1.2.6 Viber assumes no responsibility for predictions not received on time or at all for whatever reason, including due to a technical error or malfunction.

Winners:

2.1 The winners of the Contest will be chosen by a committee comprised of Viber’s and FC BARCELONA’s marketing experts, which will select Subscribers who submitted the most passionate and creative Entries (the “Winner(s)”).

2.2 The winning Entries will also be part of the final Barça anthem video to be aired on June 16, 2020 via the FC BARCELONA Community.

2.3 The winning Entries will be featured in a special video that will be posted on Viber’s and FC BARCELONA’s social channels (the “Special Video”). In addition, the winning Entries may be displayed on Camp Nou’s main stadium screen, during an FC BARCELONA match which will take place on June 16, 2020. By making your Entry and/or participating in the Contest you hereby irrevocably agree in advance to these publications.

2.4 Each Winner will only be eligible to be displayed once within the Special Video irrespective of the number of Entries he/she makes.

2.5 No cash alternative to the will be offered to a Winner.

2.6 Viber and FC BARCELONA have the sole discretion in selecting the Winners from all the Entries received. Viber’s and FC BARCELONA’s decisions on all matters involving the Contest will be final.

2.7 Viber and FC BARCELONA are entitled to change this Contest, including by way of changing the Contest’s format, adding more activities as part of the Contest, changing the Winners’ award and/or decide to award additional Winners, in their sole discretion.

3. Content and Restricted Uses.

3.1 By submitting your Entry and/or participating in the Contest, you hereby confirm, warrant and undertake as follows:

3.1.1 Your Entry to the Contest is submitted personally by you, and you have sufficient legal rights thereto, including sufficient rights to give Viber, the rest of the Rakuten Group and FC BARCELONA the License (as defined below). If other people are included or appear in any of your Entries, or are otherwise involved in the creation of the Entry, you confirm that you received their approval and rights, including copyright, image rights or whatsoever other rights, (or their guardians in case they are children or do not have legal capacity) to grant the License as per these terms.

3.1.2 You are solely responsible towards Viber, the rest of the Rakuten Group and FC BARCELONA in connection with your Entry. You will fully indemnify Viber, the rest of the Rakuten Group and FC BARCELONA for any claims in respect of your Entry’s lawfulness or its non-compliance with the above or in the event it infringes any third parties’ rights. 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 submitting 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, the rest of the Rakuten Group and FC BARCELONA (all of them jointly referred to as the “Authorized Parties”), an irrevocable, perpetual, non-exclusive, royalty-free and worldwide license (the “License”) to use the Entries, in any way the Authorized Parties may reasonably choose and through any supports, media or channels, for the purpose of the Contest as well as for promoting the Authorized Parties, their services, 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 that you have the right to grant the License. If you do not want to grant to the Authorized Parties 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 (whether on your behalf and on behalf of any third party that may appear in the Entry or may have been involved in the creation of the Entry) that your name and image (and also the other parties names and or images appearing or involved in the creation of the Entry) and your Entries may be, at each of the Authorized Parties’ sole discretion, published and publicly displayed within and outside the Viber network, including on various social networks and the media, for commercial purposes, and that you will have no claim whatsoever towards any of the Authorized Parties 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 FC BARCELONA Bot, as determined by Viber, or disrupt the availability of the Contest site or network for other users.

3.2.2 Interfere with or disrupt the Contest and/or the Viber network, 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 You are solely responsible for backing up of your Entries. Viber shall not be liable for any purging, deletion, or failure to retain any Entry.

3.5 Viber reserves the right to disqualify any participant who is not eligible to participate in the Contest.

4 Limitation of Liability.

4.1 VIBER, THE REST OF THE RAKUTEN GROUP AND FC BARCELONA, AND EACH OF THEIR 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, FC BARCELONA, AND ANY OF THEIR AFFILIATES HAD BEEN ADVISED OF THE POSSIBILITY THEREFORE 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, AND EACH OF THEIR AFFILIATES’ 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, FC BARCELONA, AND EACH OF THEIR 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 FC BARCELONA BOT; 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 ANY PRIZE-RELATED ACTIVITY; OR ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE CONTEST TERMS OR THE ANNOUNCEMENT OF THE WINNER(S).

5. General

5.1 By submitting an Entry to or otherwise participating in the Contest, you hereby agree to receive marketing or promotional materials from, Viber, the rest of the Rakuten Group and FC BARCELONA.

5.2 In addition, by submitting an Entry to the Contest, you hereby agree that your Entries will be collected, processed and used by Viber, the rest of the Rakuten Group and FC BARCELONA, under their respective Terms of Use and Privacy Policy.

5.3 Subject to applicable law, Viber and FC BARCELONA reserves the right to cancel or amend the Contest and these Terms at any time without notice and at Viber’s and FC BARCELONA’s sole discretion.

5.4 The Contest and these Terms 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.