Terms and conditions of the contest “KIDS PRESENTER (submit your video about FCB players)”

Privacy policy follows

These Terms & Conditions (the “Terms“) govern your participation in the “KIDS PRESENTER (Submit your video about FCB players)” 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.

Contest’s organization is jointly coordinated by FCB, Viber and Rakuten Group companies as identified below:

Futbol Club Barcelona (hereinafter “FCB”), whose head offices are at Avinguda Arístides Maillol, s/n, 08028 Barcelona, Spanish Tax Identification Code (CIF) G-08266298, included in the Registre d’Entitats Esportives (Registry of Sports Organizations) of the Generalitat de Catalunya (Government of Catalonia) as a sports club, with number 2.590, Volume 2, Page 295 of the Llibre de Registre d’Entitats Esportives (Log Book of Sports Organizations).

Viber Media S.à r.l., (hereinafter “Viber”) a company incorporated in the Grand Duchy of Luxembourg, having offices at 2 rue du Fossé, -1536 Luxembourg.

Rakuten Group Inc., a parent company of Viber, which is a publicly traded company in Japan, and other entities in the Viber corporate family (Group).

All together are hereinafter referred to as “Contest organizers” or “we”.

  • Entries to the Contest.
    • General:
      • 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 18 (parents can submit for minor per 1.1.5 below), and to have a Viber account. Participation is forbidden on employees of FCB, Viber and the rest of the Rakuten Group, and their family members or anyone else connected in setting up or managing the Contest.
      • Entry to the Contest is free and does not require making any purchase or paying any fee.
      • The Contest shall take place August 10th to August 28th, 2021, 23:59:59 (UTC+01:00 time zone), unless we decide to extend the Term. Last date for entries is August 17th, 2021, 23:59:59 (UTC+01:00 time zone) (the “Term”).
      • Please make sure that your Entry (as defined below) does not include any person who did not consent to be included in the Contest.
      • Only legal representatives of minors may submit material to participate. Otherwise, prior express written authorization from the minor’s legal representatives must be submitted.
    • How to Participate:
      • To enter the Contest, you need to subscribe to the official community of FC Barcelona, available for free in the Viber platform (respectively: a “Subscriber” and “FCB Community”).
      • When subscribing, you will be added to the Community where you will find information on how to submit the material to participate, and its technical characteristics, if applicable. In general terms, a video must be submitted via email provided in the community, during the Term (as defined below), showing support for the FBC team in the most creative way.
      • A submission of a video via email by the end date for submission (August 17, 2021) and confirmation of receipt, will be considered an “Entry” and participation in the Contest, and is subject to the Terms hereof. Entries should keep an appropriate voice tone and language.
      • Participation will only be valid and may only be made by submitting the video through the email address provided by the contest organizers, in the FCB Community. Any other means of submission will be discarded, and Contest organizers shall not be held responsible for any liability that may arise from the non-use of the official submission and registration channels.

The terms and conditions set forth in Viber’s platform, the privacy policy, and the Bot, Community and channels Terms and Guidelines available at https://www.viber.com/es/terms/public-chat-public-accounts-terms-guidelines/,  as amended from time to time, shall apply to the FCB Community and the Subscribers’ engagement therewith.

  • Contest organizers reserves the right to stop accepting Entries, at any time, in its sole discretion.
  • Contest organizers assumes no responsibility for Entries not received on time or at all for whatever reason, including due to a technical error or malfunction.
  • All Entries may be published as part of FCB’s or Rakuten Group campaign and made available to over 1 billion Viber users within the Viber network and/or FCB’s and Rakuten Group social media 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 and indefinitely agree in advance, and confirm that anyone in the Entry or involved in creating the Entry has confirmed they agree to this publication, the broadcast of images and recorded voice, in any internal or external medium or support, graphic, sound, audiovisual, photographic, video graphic, internet, web pages, social networks, blogs, mobile applications or any other procedure for the broadcast of images by telematic means that may be implemented in the future, which allows their broadcast and/or public communication without limit in the number of broadcasts, being able to make as many copies of the images and/or videos as necessary for such purposes, for the use of such images and/or videos.

 

  • Winners and Prizes.
    • Winners’ selection:
      • The winners of the Contest will be chosen by a committee comprised of FCB’s marketing experts, which will select up to eleven (11) Subscribers who submitted the most creative Entries (the “Winner(s)”).
      • The selection process will take place from August 18th until August 25th.
      • The winning Entries will be announced on August 28th, 2021, via the FCB Community, available on Viber’s platform.
      • The winning Entries will be featured in a special video that will be posted on Viber’s, Rakuten’s and FCB’s social channels (the “Prize(s)”). In addition, the winning Entries will be displayed on Camp Nou’s main stadium screen, during an FCB match which will take place on August 29th and on Rakuten’s Sports Platform By making your Entry and/or participating in the Contest you hereby irrevocably and indefinitely agree in advance to these publications, in accordance with this Terms.
    • One participant is eligible to win only one Prize, irrespective of the number of Entries he/she makes.
    • Communication of the Prize
      • The communication to the Winner(s) will be made to the valid electronic address provided in the registration process.
      • If a Winner cannot be contacted, we reserve the right to withdraw such Prize from the Winner and pick a replacement Winner instead.
      • If the prize is waived or not accepted, the prize will be awarded to the first alternative Winner.
    • No cash alternative to the Prize will be offered. The Prizes are offered on ‘NO EXCHANGE, NO REFUND’ basis and are not transferable.
    • FCB has the sole discretion in selecting the Winners. FCB’s decisions on all matters involving the Contest will be final.
    • Contest organizers are entitled to change the Prize, add more Prizes, activities, and opportunities as part of the Contest and/or to decide to award additional Winners, in their sole discretion.

 

  • Content and Restricted Uses. 
    • By submitting your Entry and/or participating in the Contest, you hereby confirm, warrant, and undertake as follows:
      • Your Entry to the Contest is submitted personally by you, and you have sufficient legal rights thereto, including sufficient rights to give to FCB, Viber and the rest of the Rakuten Group the License (as defined below). If other people are included in any of your Entries or are otherwise involved in the creation of the Entry, you confirm that you received their authorization (or their legal representatives if they are minors or do not have legal capacity) to grant the License as per these terms.
      • You are solely responsible towards FCB, Viber and the rest of the Rakuten Group in connection with your Entry. You will fully indemnify FCB, Viber and the rest of the Rakuten Group for any claims in respect of your Entry’s lawfulness or its non-compliance with the above. 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.
      • 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.
      • You hereby grant FCB, Viber and the rest of the Rakuten Group (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 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.
      • Without derogating from the above, you specifically acknowledge that you are aware and agree that your name 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.
    • In addition, by submitting an Entry to the Contest, you further undertake that you will not, nor will you allow others, to:
      • Engage in excessive usage of the FCB Community, as determined by Viber, or disrupt the availability of the Contest site, email, or network for other users.
      • Interfere with or disrupt the Contest and/or the Viber network, or otherwise interfere with Viber’s systems and services in any manner.
    • 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.
    • 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.
    • Viber reserves the right to disqualify any participant who is not eligible to participate in the Contest or otherwise do not comply with the rules and Terms. The Contest organizers disclaim any responsibility in case of non-compliance of the participants.

 

  • Data Protection
    • The personal data you provide to us will be processed by the data processing entities in accordance with the applicable data protection regulations, especially with the EU General Data Protection Regulation, in a fair, lawful and transparent manner, and in line with our privacy policy.
    • With your prior and informed consent, we will process only those personal data that are essential for participation in the contest, and we will keep them as long as necessary for the specific purposes for which they have been collected.
    • To use images of minors in videos, you must be the legal representative of those, and have the capacity to prove it in case you are required to do so to validate the participation. By participating, you declare that you have the legal authority and sufficient legal capacity to use the image of your minor or represented child.
    • You are solely responsible for providing accurate data in the registration process, and a valid email address for us to communicate with you.
    • Subscription to the Viber network is governed by its own terms and privacy policies, which you can review at the time of registration, or at any other time, at https://www.viber.com/en/terms/viber-privacy-policy/.
    • All your rights as a data subject are in full force and effect and may be exercised in accordance with the provisions of our privacy policy.

 

  • Limitation of Liability.
    • FCB, VIBER 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 FCB, VIBER AND ANY OF THEIR AFFILIATES HAD BEEN ADVISED OF THE POSSIBILITY THEREOF 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, FCB, VIBER, AND EACH OF THEIR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
    • AS A CONDITION OF ENTRY INTO THE CONTEST, YOU AGREE TO RELEASE FCB, VIBER 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 FCB COMMUNITY; 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 OR THE OFFERING OF THE PRIZE.
    • 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.
    • Subject to applicable law, Viber reserves the right to cancel or amend the Contest and these Terms at any time without notice and at Viber’s sole discretion.
    • 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, without prejudice to an imperative or dispositive norm that establishes a different competent and applicable jurisdiction. 

Privacy Policy

The European General Data Protection Regulation (GDPR) requires entities responsible for the processing of personal data to provide the following additional information at the time of collection of personal data. The contest registration form contains the basic information on the collection and processing of the data provided, and this section provides additional information that complements it. For information about processing of your data within the Viber application and in connection with the FCB bot please review Viber’s privacy policy available here.

Data controller

Futbol Club Barcelona (hereinafter “FCB”), whose head offices are at Avinguda Arístides Maillol, s/n, 08028 Barcelona, Spanish Tax Identification Code (CIF) G-08266298, included in the Registre d’Entitats Esportives (Registry of Sports Organizations) of the Generalitat de Catalunya (Government of Catalonia) as a sports club, with number 2.590, Volume 2, Page 295 of the Llibre de Registre d’Entitats Esportives (Log Book of Sports Organizations).

Rakuten Group Inc., a company incorporated in Japan with its place of business at 1-14-1 Tamagawa, Setagaya-ku, Tokyo 158-0094, Japan, parent company of Viber Media S.a.r.l.

Viber Media S.a.r.l., owner of Viber platform, located at 2 Rue du Fosse, Luxembourg, L-1536, Grand Duchy of Luxembourg.

All three entities, hereinafter referred as “Controllers” or “we”, are responsible for the collection and use of your personal data as indicated in this policy.

Principles applied to the processing of personal data

The following principles are applied by Controllers and by anyone on its staff who has access to data. The personal data will always be:

  • processed in a lawful, fair and transparent manner.
  • collected for specified, explicit and legitimate purposes and not be further processed in a manner incompatible with those purposes.
  • adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
  • accurate and, if necessary, kept up to date, and we guarantee that all reasonable steps are taken to ensure that any information which is inaccurate in relation to the purposes for which it is provided is erased or rectified.
  • stored for no longer than is necessary for the purposes of the processing.
  • processed with integrity and confidentiality, in such a way as to guarantee adequate security for them.

Controllers will process your personal data in strict confidence. It has also put in place appropriate technical and organisational security measures to prevent destruction, loss, access or unlawful manipulation. Criteria such as the scope, context, and purposes of the processing, the state of the art and the risks involved, as well as the type of personal data processed, and the categories of data subjects have been taken into account in determining these measures.

Personal data processed and purpose

The personal data provided during the contest must be accurate and complete and kept up to date, and will be processed in order to participate, submit material, select and communicate winner(s) and prize, and for managing any requests. The lack of provision of such information, or the provision of incorrect or outdated data, will make it impossible to properly manage your participation and communication with you.

During the contest we collect the following categories of personal data:

  • Information related to your entry and participation in the contest, such as name, surname, e-mail address, video recording of image, and voice.

This personal data is stored in our databases, applying all technical and organizational security measures required by regulations, and will be used solely for the purpose of managing the contest and the subsequent promotion in media, social networks and communication channels of Controllers and affiliates.

You can change your information if they are inaccurate or incomplete or provide additional details.

We will not use your personal data to make automated decisions. In any event, if there is further processing of data for purposes other than those for which they were initially collected, we will inform you of all aspects relevant to this other purpose before proceeding with such further processing.

Period for which the personal data will be stored

Personal data will be kept for the duration of the contest, and subsequent management of the prizes through social networks and media as well as broadcasting of the materials of the winner(s), in accordance with the provisions of terms and conditions applicable for the contest, and, even afterwards, during the legal prescription period of any liability that may arise therefrom with respect of winner and for one year with respect of other entrees.

Lawfulness to process personal data

The following legal bases of lawfulness apply to the processing of your personal data:

  • Necessary for the performance of a Contract: for data relating to the entry and participation in the Contest
  • Legitimate interest: for data relating to requests for information or services, which make the processing necessary to carry out our commercial activity, provided that such interests are not above your interests or fundamental rights and freedoms. Our legitimate interest is to be able to guarantee business continuity, establishing contact and communication channels that allow us to offer our products and services and understand the needs and expectations of the market, in addition to improving the level of satisfaction of the Users and, therefore, improve our offer of services and brands.

Recipients of personal data

The personal data collected may be transferred/communicated to the following recipients:

 

  • Companies in charge of data processing, such as providers that perform services for Controllers, such as the management of promotional campaigns, content management and customer relations. Service providers are authorized to use the information only to the extent necessary to perform and provide the services for which they were contracted and subject to the terms set forth in the processing contract(s) entered into.
  • Public Administrations and Bodies when required by tax, labor or other applicable regulations.

International data transfers may also occur as a result of the above transfers/communications if the recipient companies are located outside the European Economic Area, for which Controllers will use appropriate safeguards in accordance with applicable legal requirements to ensure that the personal data is adequately protected. For companies that are not members of the Rakuten Group, the standard contractual clauses adopted by the European Commission will be used as a guarantee for transfers to countries that do not have an adequacy decision from the European Commission. For companies within the Rakuten Group, the Rakuten Group has implemented Binding Corporate Rules , applying to said companies to ensure that each of them provides for an appropriate level of protection of personal data. In any case, those recepients, including third parties, with whom certain personal data are shared will have previously accredited the adoption of adequate technical and organizational measures for the correct protection of the data in accordance with the GDPR.

We undertake never to use your personal data for purposes other than those set out in this document, nor to transfer it unlawfully to third parties.

Rights of data subjects

You may exercise any of the rights recognized in the data protection regulations.

We undertake to respect and facilitate the exercise of these rights and, in particular, the rights of access, rectification, erasure, opposition, restriction of processing and portability of data. These rights may be exercised by sending an email to (privacy@viber.com). In case we have legitimate doubts regarding your identity or cannot confirm said identity or when requested by applicable law, we reserve the right to request a copy of your valid identification document. We will use this document only to verify your identity.

We will provide you with all the necessary information regarding the actions we carry out on the basis of any request to exercise the rights that concern you as an interested party, within the stipulated legal deadlines.

In any case, we inform you that you may lodge a complaint with a data protection supervisory authority for the protection of any of your rights, in the case of Spain, before the Spanish Data Protection Agency, or in any case with the Luxembourg Data Protection Agency.

In the event that you provide personal data of third parties, you undertake, under your sole responsibility, to have obtained their prior consent for their data to be processed by Controllers, having previously informed as indicated in the GDPR.

Basic information regarding the processing of personal data

Controller: FC Barcelona, Viber Media S.a.r.l and Rakuten Group Purpose: managing entries and participation for the contest;. Lawfulness: Consent; legitimate interest. Recipients: Data processors located outside EU. Rights: Access, rectification and erasure, and other rights specified on the additional information. Additional Information: Detailed information on Data Protection can be found in the supplementary clause privacy policy.