These Terms & Conditions (the “Terms”) govern your participation in the ‘BarçaViber Man of The Match 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, L-1536 Luxembourg.
Participants. In order to participate in the Contest, 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. Participation is forbidden on employees of FC Barcelona (“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.
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 of such Participants’ Entries. Viber reserves the right to verify 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 Public Account, Public Chat, Bot, Community and Viber Admin Panel (VAP) Terms and Guidelines (available at https://www.viber.com/terms/chat-public-accounts-terms-guidelines/, 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 will relate to all FC Barcelona games as part of La Liga, UEFA Champions League (UCL) and Copa del Rey – which shall take place from October 20th, 2018 and until June 1st, 2019 (the “Term”).
1.1.3 During the Term, Viber users will have the chance to guess FC Barcelona football matches’ results through the FC Barcelona Chatbot (the “Matches”) and also compete in the global Contest. Upon joining the BarçaViber Man of The Match Contest, through one of the different channels available (the “Activity”), you will be redirected to the FC Barcelona chatbot (the “Bot”), therein you will need to subscribe to the Bot and choose whether you want to guess results and share them with friends only, or also take part in the global Contest and win prizes. In order to participate in the Contest, you will have to click ‘Yes I agree’, approve these Terms and play according to the below rules. Clicking “Yes I agree” will be considered an “Entry” and participation in the Contest and is subject to the Terms hereof. If you clicked ‘Yes I agree’ you will be considered a “Participant” in the Contest. If you clicked ‘No I don’t want to win prizes’ you will not be considered a Participant in the Contest which means that you will not be displayed in the Contests Leaderboard (as defined below) and will not be entitled to win any prizes (i.e. you will only take part in the Activity).
1.1.4 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 global leaderboard, which will be available to all Participants of the Contest (the “Contest Monthly Leaderboard”). The Contest Monthly Leaderboard will display the 5 Participants that have accumulated the most points in each applicable month. 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 Monthly Leaderboard to “Unknown”.
If you choose to participate in the Contest, you grant Viber and FC Barcelona the right to display your Viber user name and picture, together with the points you have collected, in the Contest Monthly Leaderboard. If you do not wish your Viber user name and/or picture to be displayed in the Contest Monthly Leaderboard, please refrain from participating in the Contest.
1.1.5 Whether you decide to take part in the Activity only, without participating in the Contest, or decide to take part in the Contest as well, you will be able to guess the Matches’ results in your private group chats via the Viber FC Barcelona Chat Extension feature and track the points you have collected (provided that, if you do not participate in the Contest, you will not appear in the Contest Monthly Leaderboard and will not be entitled to win Prizes). Once a user shares his/her guesses, they will be able to create the group’s leaderboard simply from the Chat Extension feature and other Viber users who wish to join and be on the group leaderboard need to share their guess in the same group.
1.1.6 A Viber user is only able to make one guess per Match, and that guess will apply for all the different leaderboards he/she are 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 guess per each game – the last guess that was submitted – will be taken into account 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 Match reminder before the commencement of the applicable Match, and such users will be requested to guess their results by the commencement of each such Match (the “Record time”). If you did not submit your guess by the Record Time you will not be eligible to guess the results of such specific Match.
1.2.2 If you perfectly predicted the Match’s result, you will receive 3 points and be displayed in the Contest Monthly Leaderboard (as specified in section 1.1.4 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 Contests Leaderboard and will only be displayed on your private leaderboards). If you did not guess the exact result 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 FC Barcelona will win 3:1 and the Match ended with FC Barcelona winning 3:2).
For knock-out Matches that include overtime/extra time (and may include penalty shootouts), the official Match’s result will be the final Match score, including overtime/extra time. In case of a penalty shootout, the Match will be considered as a draw according to the overtime/extra time score.
1.2.3 Right after each Match, and for 12 hours thereafter, the Participants will get a message with an invitation to choose the FC Barcelona Man of the Match (MVP of the Match). The Participants will be able to choose any player that played on FC Barcelona’s side. For his/her participation, no matter what the Participant chooses, he/she will get 1 point which will be added to the Contest Leaderboard and to all the different leaderboards he/she are a part of.
1.2.4 At the end of each month within the Term, the Participant that collected the most points during such month will be the Winner and will be entitled to win a Monthly Prize (as defined below) (each: a “Winner”). In the event that two or more Participants collected the same number of points in a specific month, the Participant who was able to perfectly guess the Matches’ results (winning team/draw and number of goals scored by each team) more times, will be the Winner of such month. In the event of a draw between the Participants that collected the most points and perfectly predicted the same number of Matches’ results, the Participant that was first to subscribe to the chatbot will be the Winner of such month.
At the end of each month of the Term the Contest Monthly Leaderboard and all of your groups’ leaderboards will reset themselves and the accumulation of points will start over again.
1.2.5 Viber is entitled to add more activities and opportunities for Participants to collect points as part of the Contest, in its sole discretion.
1.2.6 Viber assumes no responsibility for Matches’ guesses not received on time or at all for whatever reason, including due to a technical error or malfunction.
2. Monthly Prizes:
2.1 Each Winner will receive one of the following prizes, as decided by Viber in its sole discretion:
– FC Barcelona Jersey;
– a signed ball;
– Free tickets to an FC Barcelona Match;*
* this prize shall include 2 free tickets to an FC Barcelona match at the Camp Nou stadium, 2 flight tickets – tourist class; and accommodation for 1 night for 2 people twin share;
Other costs (including transportation) are not covered. The winner and his/her companion must have a valid passport and obtain required visas and/or other approvals, if any, and travelers insurance, at their own expense. . At least one of the winners or his/her companions must be 21 or older.
2.2 The Winners will be contacted via the Bot by a direct message within ten (10) days from the end of the applicable calendar month (the “Prize Notification”). The Winner must reply by a direct message to the Bot, within seventy-two (72) hours of the date of the Prize 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 Prize Notification by the Deadline, he/she may be disqualified and Viber and the Participant who collected the second highest number of points 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 for the applicable month of the Contest.
2.3 Viber reserves the right to verify the eligibility of the Winners. Viber reserves the right to send an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Contest Documents”) to the Winner via registered mail and/or email. In this event, the Winner must sign and return the Contest Documents postmarked within five (5) days of the date of receipt of the Contest Documents, or the Monthly Prize will be forfeited and the Alternate Winner will be chosen. Viber is not responsible for the failure, for any reason whatsoever, of a Winner to timely respond to the Prize Notification or return the Contest Documents. The return of any Contest Documents as undeliverable, the inability of Viber to contact a Winner or the failure of a Winner to contact Viber in a timely manner will result in disqualification, and an alternate Winner may be selected, and Viber may repeat the winner selection and notification procedures set for in this section until a qualified Winner has been selected for the applicable month.
2.4 The applicable Winners will be officially announced in the FC Barcelona Public Account, within 14 days from the end of each month of the Term.
2.5 If applicable, the Winner 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 are not expressly included in the Monthly Prize description. Failure to take or complete any portion of a Monthly Prize does not relieve the Winner of his/her tax obligations associated with winning the aforementioned prize.
2.6 with respect to the Monthly Prizes that include flights:
The Winner must travel on dates specified by Viber for the Monthly Prize or such prize will be forfeited. Travel and accommodations are subject to availability and blackout dates. Travel must be roundtrip. Viber will determine airline in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Terms, and those set forth by Viber’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and travel costs not expressly stated in the Prize packages description above, including but not limited to, meals, tips, incidentals, passenger tariffs or duties, surcharges, airport fees, baggage fees, service charges or facility charges, personal charges at lodging, security fees, car rental charges (including insurance and optional services, if any), state, federal, provincial or local taxes of any kind, or other expenses are solely the responsibility of Monthly Prize winner and Monthly Prize winner’s travel companion. Any portion of the Monthly Prize not accepted or unclaimed and/or unused by the Winner will be forfeited and will not be substituted. The Winner and Winner’s travel companion must be able to travel during the specific time determined by Viber or the Monthly Prize will be forfeited in its entirety and an alternate winner may be selected in Viber’s sole discretion. In the event that for any reason the Winner or Winner’s travel companion fail to obtain the required approvals, authorizations or otherwise, the Monthly Prize will be forfeited in its entirety and an alternate winner may be selected in Viber’s sole discretion, with no compensation or alternative prize provided to the original winner. Travel must originate and end at the same major, as applicable, except as otherwise provided by these Terms. If, in the sole judgment of Viber, air travel is not required due to Winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Viber’s sole discretion. Viber will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Terms and conditions of all tickets apply. Specific seat locations will be determined by Viber in its sole discretion. The Winner and the Winner’s travel companion must travel on the same itinerary and are responsible for all necessary travel documents and for any travel insurance. If requested by Viber, Winner’s travel companion will execute a liability/publicity release (except where prohibited by law) in order to accompany Winner on trip. In the event that the Monthly Prize Winner or the Monthly Prize Winner’s travel companion are under eighteen (18) years of age, such liability/publicity release must be executed by the parent or legal guardian of such minor on his or her behalf. Other travel restrictions, conditions and limitations may apply.
2.7 Except where prohibited by law, the Winners’ entry, and acceptance of a Monthly Prize constitutes the Winner’s and, with respect to Monthly Prizes that consist of tickets to an FC Barcelona Match, if applicable, the Winner’s prize companion, irrevocable, sub-licensable, absolute right and permission for FC Barcelona, Viber and the rest of the Rakuten Group, to use, publish, post or display said Winner’s and, if applicable, prize companion of 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 FC Barcelona, 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 Winner, and, if applicable, prize companion of Winner, releases FC Barcelona, 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 Winner and if applicable, the prize companion of Winner, waives any right to inspect or approve any such use.
2.8 The names of the Winners, as well as footage and other images of the Monthly Prize Winners, and, with respect to Monthly Prizes that consist of tickets to an FC Barcelona Match, the Winner’s prize companion, and Monthly Prize (including the prize games) may be published by FC Barcelona, Viber and/or the rest of the Rakuten Group (at their sole discretion) and may be made available to over 1 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 Contest and/or claiming a Monthly Prize, each Participant hereby irrevocably agree in advance to the publication described in the preceding sentence to the fullest extent permitted under law.
2.9 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 Monthly Prize won will be forfeited in Viber’s sole discretion.
2.10 Viber is entitled to change any of the Monthly Prizes, and to add and/or remove prizes, in its sole discretion.
2.11 No portion of any of the Monthly Prizes 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 Monthly Prize with a prize of equal or greater value for any reason, including, without limitation, Monthly Prize unavailability. With respect to Monthly Prizes that consist of tickets to an FC Barcelona Match, all expenses not specifically identified as included in such Monthly Prize are the sole responsibility of the Winner. The Monthly Prizes, and all elements thereof, are subject to availability. The Monthly 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). Acceptance, participation in and/or use of a Monthly Prize 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 Monthly Prize.
3.RELEASE. WINNERS AND PARTICIPANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, FC Barcelona, 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. FC Barcelona, 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’ guesses 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 Matches’ guesses, 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 Monthly 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 Viber user name or picture, as displayed in the Contest Leaderboard 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 its 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 FC Barcelona, 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. Winners agree that the Monthly Prizes 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, 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, Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Monthly 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 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 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 over 1 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 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, and Chat Leap Ltd. (the third party service provider which stores the aforementioned information), under their respective Terms of Use and Privacy Policy.
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