“Predict the Winner of the Match” Terms and Conditions

Predict the Winner of The Match Contest Terms and Conditions

These Terms & Conditions (the “Terms”) govern your participation in the ‘Predict the Winner 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.

Participation. The FC Barcelona Contest “Predict the Winner of the match” (the “Contest”) is open only to those Viber app users who have joined an official “FC Barcelona” Community (whether an English, Arabic, Spanish or Russian-language community) (the “Community”) on Viber app on or before the end of the Term (as defined below), as indicated on Viber’s records, and are still members of the Community on the Announcement Date, who are at least 18 years old as of the date of Entry (as defined below) and have a phone number prefix of any of the following countries: Algeria, Austria, Belarus, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iraq, Ireland, Italy, Latvia, Liechtenstein, Libya, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, Ukraine and United Kingdom (“Participant(s)”). Participation is forbidden to 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 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 Entry to the Contest is free and does not require making any purchase or paying any fee.

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 December 19, 2020 and until June 30, 2021 (the “Term”).

1.3 During the Term, the Community members will have the chance to predict the outcome of the FC Barcelona football matches. To enter the Contest, the Community member must have a valid Viber account, join the Community on or before the end of the Term and like the correct answer to the poll question within the Community by tapping the heart next to it. The entry must fulfill all Contest requirements, as specified herein and as may be further specified at the announcement, to be eligible to win a Prize (as defined below). Entries that are not complete, or do not meet the eligibility requirements, or do not adhere to these Terms or specifications may be disqualified at the sole discretion of Viber. You may enter only once. You may not enter more times than indicated by using multiple identities or devices in an attempt to circumvent these Terms. If you use fraudulent methods or otherwise attempt to circumvent these Terms, your submission may be removed from eligibility at the sole discretion of Viber.

1.4 Odds: The odds of winning depend on the correct answer to the poll question and the number of eligible Entries received.

2. Prizes and Winner Selection:

2.1 Prizes: The Contest will have up to one (1) eligible Winner (as defined below) per month. Each eligible Winner will be entitled to receive one (1) FC Barcelona jersey (the “Prize”).

2.2 Viber shall ship out the Prize to the destination communicated by the Winner shortly following the and subject to Winner’s claiming its Prize, providing sufficient contact and shipment details and complying with all conditions as set forth herein. Viber shall not be liable for any failure by the Winners to receive the Prize in case the shipment details provided by the Winner are inaccurate or incomplete, or due to the reasons beyond Viber’s reasonable control. Any and all Prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner.

2.3 Viber is entitled to change any of the Prize, and to add and/or remove prizes, in its sole discretion. No portion of any of the Prizes may be transferred, redeemed for cash, or substituted, except by Viber (in its sole discretion), which reserves the right (but not the obligation) to substitute any portion of a Prize with a prize of any value for any reason, if any. The Prizes 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). Acceptance, participation in and/or use of a 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 Prize.

2.4 Winner Selection and Notification:

(a) Winners of the Contest will be selected in a random drawing out of the eligible Participants who answered the Contest poll suggested in the Community correctly (“Winner(s)”).

(b) Winners will be notified by a private message sent by Viber promptly following an applicable Announcement Date (“Prize Notification”). The Winner must reply by a direct message, 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 for the shipment of the Prize. If the Winner does not respond to the Prize Notification by the Deadline, they may be disqualified and Viber and the alternate Participant 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.

(c) Viber shall have no liability for a Winner’s failure to receive notices due to Winners’ spam, junk e-mail or other security settings or for Winners’ provision of inaccurate, incomplete or otherwise non-functioning contact information. If the selected Winner cannot be contacted, is ineligible, unavailable or fails to claim the Prize by the Deadline, or fails to timely return a completed and executed declaration or affidavit of eligibility/confirmations/acknowledgements/liability or publicity releases (collectively, the “Contest Documents”) as may be additionally required by Viber, the Prize may be forfeited and denied.

2.5 Viber reserves the right to verify the eligibility of the Winners. 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 herein, otherwise the entry may be disqualified and any potential Prize won will be forfeited in Viber’s sole discretion. Viber further reserves the right to send 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 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.

2.6 The applicable Winners will be officially announced in the FC Barcelona Community, within 14 days from the end of each calendar month within the Term (each an “Announcement Date”).

2.7 It is agreed and acknowledged that upon the receipt of the Prize, the Winner agrees to send to Viber at least one picture with an image of itself wearing the won jersey and a short video in which it wears a won jersey (approximately 30 seconds long) extends its greetings, thanks or similar content.

2.8 Except where prohibited by law, the Winners’ Entry, and acceptance of a Prize constitutes the Winner’s 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 name, photograph, picture and video sent by him, 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, marketing 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, 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 waives any right to inspect or approve any such use.

3. Release; Indemnity.

ALL 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, CONTRACTORS, AGENTS, 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.

(a) 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 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, 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 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.

(b) 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 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.

5. Governing Law; Disputes.

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 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, these Terms 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.

6. General

6.1 Viber reserves the right to change 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 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 Contest will be final and binding.

6.2 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.

6.3 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, under their respective Terms of Use and Privacy Policy, and that Winners’ details communicated to Viber may be shared with the respective service providers for the purposes of fulfilling the Prize and Viber’s obligations hereunder, and will be used by them under their respective privacy policies.