These Terms & Conditions (the “Terms”) govern your participation in the ‘Shakira Fan Challenge 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 have a Viber account. Participation is forbidden on Shakira’s staff, on 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.
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, including the Subscribers’ engagement with the Shakira Bot (as defined below).
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 22, 2018 to June 29, 2018 (UTC+2) (the “First Term”) and between August 2, 2018 to August 9, 2018 (UTC+2) (the “Second Term” and together with the First Term: the “Contest’s Submission Periods”);
1.1.3 In order to enter into the Contest, you need to subscribe to the Shakira bot, available for free in the Viber discover screen (the “Shakira Bot”) and play according to the below rules (each: a “Subscriber”). Upon subscribing to the Shakira Bot, you will also automatically become a follower of the Shakira Public Account.
1.1.4 A submission of a Question (as defined below) will be considered an “Entry” and participation in the Contest and is subject to the Terms hereof.
1.2 How to Compete:
1.2.1 During the Contest’s Submission Periods, and upon subscribing to the Bot, Subscribers will have the chance to submit a question to Shakira through the Shakira Bot (each, a “Question”). At the end of each of the Contest’s Submission Periods, Shakira’s staff will choose the best, funniest and/or most creative Questions and Shakira will answer these Questions in her Public Chat as follows: The Questions submitted within the First Term will be answered by Shakira during the first week of July, 2018; and, the Questions submitted within the Second Term will be answered by Shakira during the second week of August, 2018; Final dates will be published on Shakira’s Public Chat;
1.2.2 Viber reserves the right to stop accepting Entries, at any time, in its sole discretion.
1.2.3 Viber assumes no responsibility for Entries not received on time or at all for whatever reason, including due to a technical error or malfunction.
2.1 Prizes:
2.1.1 The Subscribers that submitted the best, funniest and/or most creative Questions, per each of the Contest’s Submission Periods, as decided by Shakira’s Staff in their sole discretion, will win one of the following prizes (each a “Winner”, and collectively the “Winners”), as per the following winning order (i.e. per each applicable Contest’s Submission Period, the Subscriber that submitted the best Question will be considered Winner No.1 and will win the first prize; Subscriber that submitted the second best Question will be considered Winner No. 2 and will win the second prize, and so on) (each: a “Prize” and collectively: the “Prizes”):
First Term:
| Winner No. | The Prize(s) |
| #1 | Winner will receive two (2) tickets to the Shakira concert to take place at Barcelona, Spain, on July 6, 2018, during which the Winner and his/her friend will have the chance to meet and greet Shakira in person.
Any other costs not mentioned are not covered. The Prize DOES NOT include flights, accommodation and/or transportation, if required, which will be Winner’s responsibility. At least one of the Winner or his/her companion must be 18 or older. |
| #2 | Winner will receive two (2) tickets to the Shakira concert to take place at Barcelona, Spain, on July 6, 2018.
Any other costs not mentioned are not covered. The Prize DOES NOT include flights, accommodation and/or transportation, if required, which will be Winner’s responsibility. At least one of the Winner or his/her companion must be 18 or older. |
| #3-#5 | T-shirt signed by Shakira |
Second Term:
| Winner No. | The Prize(s) |
| #1 | Winner will receive two (2) tickets to the Shakira concert to take place at Washington DC, on August 11, 2018, during which the Winner and his/her friend will have the chance to meet and greet Shakira in person.
Any other costs not mentioned are not covered. The Prize DOES NOT include flights, accommodation and/or transportation, if required, which will be Winner’s responsibility. At least one of the Winner or his/her companion must be 18 or older. |
| #2 | Winner will receive two (2) tickets to Shakira concert to take place in Las Vegas, Nevada, on September 1, 2018, during which the Winner and his/her friend will have the chance to meet and greet Shakira in person.
Any other costs not mentioned are not covered. The Prize DOES NOT include flights, accommodation and/or transportation, if required, which will be Winner’s responsibility. At least one of the Winner or his/her companion must be 18 or older. |
| #3-#8 | 6 Winners will receive, each, two (2) tickets to one of the following Shakira concerts, as will be chosen by Viber in its sole discretion:
Any other costs not mentioned are not covered. The Prize DOES NOT include flights, accommodation and/or transportation, if required, which will be Winner’s responsibility. At least one of the Winner or his/her companion must be 18 or older. |
| #9-#11 | T-shirt signed by Shakira |
2.1.2 The Winners will be contacted via the Bot by a direct message within three (3) days from the end of each of the Contest’s Submission Periods (the “Prize Notification”) (i.e. Winners that submitted their Questions during the First Term will be contacted within three (3) days from the end of the First Term and Winners that submitted their Questions during the Second Term will be contacted within three (3) days from the end of the Second Term). The Winners must reply by a direct message to the Bot, within forty-eight (48) 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 a Winner does not respond to the Prize Notification by the Deadline, he/she may be disqualified and an alternate Winner may be chosen by Viber (“Alternate Winner”), and Viber may repeat the aforementioned process until a qualified Winner has been selected for the Contest.
2.1.3 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 Winners via registered mail and/or email. In this event, the applicable Winner must sign and return the Contest Documents postmarked within three (3) 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 the 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 the Winners or the failure of Winners 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.
2.1.4 With respect to the Prizes that include flights: the Winners must travel on dates specified by Viber for such Prize or 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 Prize winner and Prize winner’s travel companion. Any portion of the Prize not accepted or unclaimed and/or unused by the applicable 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 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 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. 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.
2.1.5 With respect to the Prizes that include concert tickets: In the event that a Prize winner or a Prize winner’s 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.
2.1.6 Winners acknowledge and hereby agree that the concerts’ dates and/or locations are not final and may be changed, and the Winners shall not have any claim towards Viber, the rest of the Rakuten Group, Shakira or Shakira’s staff in connection therewith.
2.1.7 The 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 are not expressly included in the Prize description. Failure to take or complete any portion of the Prize does not relieve the Prize winner of his/her tax obligations associated with winning the aforementioned prize.
2.1.8 Except where prohibited by law, the Winners’ Entry, and acceptance of a prize constitutes the Winners’ and, if applicable, the travel companions of the Winners’ irrevocable, sub-licensable, absolute right and permission for Viber and the rest of the Rakuten Group, to use, publish, post or display said Prize Winners’ and, if applicable, travel companions of Winners’ name, photograph, likeness, statements, biographical information, voice, city and state address, prize information, any quotes attributable to them 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 Winners, and, if applicable, travel companions of the Winners, 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 Winners and if applicable, the travel companions of the Winners, waive any right to inspect or approve any such use.
2.1.9 The names of the Winners, the footage and other images of the Winners, the Winners’ travel companions (if applicable), and the Prizes, may be published by the Shakira’s Staff, by Viber and/or the rest of the Rakuten Group (at their sole discretion) and may be made available to over nine hundred million (900,000,000) 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 the Prize each Subscriber hereby irrevocably agree in advance to the publication described in the preceding sentence to the fullest extent permitted under law.
2.1.10 In addition and without derogating from the above, all Subscribers specifically acknowledge, are aware and agree that their names and Entries may be, at each of Shakira’s Staff, Viber and/or the rest of the Rakuten Group’s 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 such 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.
2.1.11 Viber is entitled to change the Prizes, and to add and/or remove Prizes.
2.1.12 No portion of any of the Prize may be transferred, redeemed for cash, or substituted, except by Viber (in its sole discretion), which reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Prize are the sole responsibility of the Prizes’ Winners. 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 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 a Prize. Without limitation to the foregoing, any delays or other issues causing Prize winners to miss any part of the Prize (regardless of whether Prize Winners are at fault) or the cancellation of all or a portion of a Prize for any reason, will not result in a substitute prize being awarded.
2. Content and Restricted Uses.
2.1 By submitting your Entry and/or participating in the Contest, you hereby confirm, warrant and undertake as follows:
2.1.1 Your Entry to the Contest is submitted personally by you, and you have sufficient legal rights thereto, including sufficient rights to give to Viber the license provided under sections 2.1.7 and 2.1.8. If other people are included in any of your Entries, you confirm that you received their approval (and their guardian’s approval, if they are under legal age) to grant us the license as per these terms.
2.1.2 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.
2.1.3 You will not, nor will you allow others, to Engage in excessive usage of the Contest site or network, as determined by Viber, or disrupt the availability of the Contest site or network for other users.
2.1.4 You will not, nor will you allow others, to Interfere with or disrupt the Contest and/or Viber network, or otherwise interfere with Viber’s systems and services in any manner.
2.2 Viber may, but is not obligated to, review any Entry and block, delete or remove an Entry in the event that Viber, in its sole discretion, considers that the Subscriber making the Entry is in 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.
2.3 Viber reserves the right to disqualify any Subscriber who is not eligible to participate in the Contest.
3. Release.
PRIZE WINNER AND SUBSCRIBERS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, SHAKIRA, SHAKIRA’S STAFF, 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 IN THIS CONTEST.
4. Limitations of Liability.
Shakira, Shakira’s Staff, Viber and rest of the Rakuten Group are not responsible for late, incomplete, illegible, undeliverable, destroyed, 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 Subscriber’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 Subscriber’s ability to participate. Viber may prohibit a Subscriber from participating in the Contest or winning a Prize if, in its sole discretion, it determines that said Subscriber 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 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 Shakira, Shakira’s Staff, 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. Prize 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.
6. General.
6.1 By submitting an Entry to or otherwise participating in the Contest, you hereby agree to receive marketing or promotional materials from Viber and the rest of the Rakuten Group.
6.2 Viber reserves the right to change the Contest or any part thereof and these Terms (including without limitation, changing the Contest’s Submission Periods, 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.
6.3 Any personal information collected under the Contest will be collected, processed and used in accordance with Viber’s Privacy Policy, which is available at https://www.viber.com/terms/viber-privacy-policy/. Additionally, this information may be used by Viber for the purposes of administering the Contest.
6.4 To find out who won, send a legal-size, self-addressed, stamped envelope to: ‘Shakira Fan Challenge Contest’, c/o Viber Media S.à r.l. 2 rue du Fossé, L-1536 Luxembourg, Grand Duchy of Luxembourg. Requests must be received no later than three (3) months following the end of the Second Term. Only one (1) request for either Terms or Contest’s Winners will be fulfilled for each separately mailed outer envelope.
6.5 Except where prohibited, Subscriber agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or a Prize 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.
© 2018, Viber Media S.à r.l. All Rights Reserved.