These Terms & Conditions (the “Terms”) govern your participation in the ‘Viber World Cricket Bot 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 Viber and the rest of the Rakuten Group, and their family members or anyone else connected in setting up or administrating the Contest.
Only Participants (as defined below) from Nepal, Bangladesh and Sri-lanka will be eligible to win the Local Prizes (as defined below).
Any attempt by a Participant 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.
1. Entries to the Contest.
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 May 30th, 2019 and July 14th, 2019, 23:59:59 (UTC+2) (the “Term”).
1.1.3 During the Term, Viber users will have the chance to subscribe to the Viber World Cricket Bot through one of the different channels available (the “Bot”), predict daily cricket matches’ results (the “Matches”) and win prizes. In order to participate in the Contest, you will need to subscribe to the Bot, approve these Terms and play according to the below rules. Subscription to the Bot and approval of the Terms will be considered an “Entry” and participation in the Contest and is subject to the Terms hereof. Each Viber user that subscribed to the Bot and approved the Terms will be considered a “Participant” in the Contest. If you do not approve the Terms, you will still be able to play, predict and collect points, but you will not be displayed in the Contest’s Leaderboards (as defined below), you will not be able to participate in the Contest, and will not be eligible to win Prizes.
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 Contest’s global leaderboard which will be available to all Participants of the Contest. Participants from Nepal, Bangladesh and Sri-Lanka (the “Particular Countries”) will also be displayed in a country level leaderboard which will be available to the Participants of such country (the “Countries’ Leaderboards” and collectively: the “Contest’s Leaderboards”). 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’s Leaderboards to “Unknown”.
If you choose to participate in the Contest, you grant Viber the right to display your Viber user name and picture, together with the points you have collected, in the Contest’s Leaderboards. If you do not wish your Viber user name and/or picture to be displayed in the Contest’s Leaderboards, please refrain from participating in the Contest.
1.2 How to Compete:
1.2.1 During the Term, Viber will send to all Viber users that have subscribed to the Bot a daily notification of the Matches, and such users will be requested to predict their results by the commencement of each such Match (the “Record time”). if you did not submit your prediction by the Record Time you will not be eligible to predict the results of such specific Match.
1.2.2 Each Match prediction will feature 4 different questions: (i) who will be the toss winner; (ii) who will win the Match; (iii) what will be team A score; and (iv) what will be team B score; For each accurate prediction you will win points according to the following mechanism:
(i) successful toss winner prediction – 1 point;
(ii) successful winning team prediction – 3 points;
(iii) successful team A or team B exact score prediction – 10 points;
(iv) successful team A and team B exact score prediction – 20 points
If you answered question (ii) to (iv) correctly, you will also be entitled to receive a Match Prize (as defined in section 2.1 below). The points collected are automatically applied to all of the user’s different leaderboards.
Any points collected with respect to the semi-final Matches will be multiplied. Any points collected with respect to the final Match will be quadrupled.
1.2.3 At the end of the Term, the 3 Participants in each of the Particular Countries that collected the most points during the Term will be entitled to win a Contest’s Grand Prize (as defined below) (the “Local Winners”). For the purpose of choosing the Local Winners, in the event that two or more Participants collected the same number of points during the Term, the Participant who was able to perfectly predict the Matches’ results (winning team and score prediction of each of the teams) more times, will prevail over the other Participants. 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 Bot will prevail over the other Participants.
1.2.4 Viber is entitled to add more activities and opportunities for Participants to collect points as part of the Contest, in its sole discretion.
1.2.5 Viber assumes no responsibility for Matches’ predictions not received on time or at all for whatever reason, including due to a technical error or malfunction.
2.1. Match Prize(s):
In addition to the point collected, each Participant that predicted accurately a Match result (winning team and both team’s exact score), will win a Match Prize (as defined below), as decided by Viber in its sole discretion.
The Match Prizes will consist of one of the following prizes (the “Match Prize(s)”):
- A US$1 worth of Viber Out credit (each: a “Coupon”).
- A Viber sticker pack, to be chosen by Viber in its sole discretion;
The Match Prizes are limited to five (5) Prizes per Participant overall.
2.2. Grand Prizes:
2.2.1 The first three Participants to collect the most points, throughout the Term, in each of the Particular Countries will be entitled to win a Grand Prize, as specified below (each: a “Grand Prize”):
#1 – The Participant who collects the most Points, in each of the Particular Countries (3 Local Winners overall), will win an iPhone X;
#2 – The Participant who collects the second highest number of points, in each of the Particular Countries (3 Local Winners overall), will win a smart tv;
#3 – The Participant who collects the third highest number of points, in each of the Particular Countries (3 Local Winners overall) will win an iPad;
The Grand Prizes together with the Match Prizes shall be referred to hereunder as “Prizes”.
2.2.2 Each of the Local Winners will be contacted via a direct message on Viber within seven (7) days from the end of the Term (the “Prize Notification”). The Local Winner must reply within seventy-two (72) hours of the date of the Prize Notification (the “Deadline”), the Local Winner’s full name, email address for further communication and a mailing address. If the Local Winner does not respond to the Prize Notification by the Deadline, he/she may be disqualified and the Participant to follow in the applicable leaderboard of the Particular Country may be chosen by Viber to be the alternate Local Winner (“Alternate Local Winner”), and Viber may repeat the aforementioned process until a qualified Local Winner has been selected.
2.2.3 Viber reserves the right to verify the eligibility of the Local Winners. Viber reserves the right to send an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Contest Documents”) to the Local Winners via registered mail and/or email. In this event, the applicable Local Winner must sign and return the Contest Documents postmarked within five (5) days of the date of receipt of the Contest Documents, or the Grand Prize will be forfeited and the Alternate Local Winner will be chosen. Viber is not responsible for the failure, for any reason whatsoever, of the Local 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 Local Winner or the failure of the Local Winner to contact Viber in a timely manner will result in disqualification, and an Alternate Local Winner may be selected, and Viber may repeat the winner selection and notification procedures set for in this section until the applicable qualified Local Winner has been selected.
2.2.4 The Local Winners will be officially announced in Viber social media assets, within 14 days from the end of the Term.
2.2.5 Local 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 Grand Prize description. Failure to take or complete any portion of the Grand Prize does not relieve the Local Winner of his/her tax obligations associated with winning the aforementioned prize.
2.2.6 Except where prohibited by law, the Local Winners’ entry, and acceptance of the prize constitutes the Local Winners’ irrevocable, sub-licensable, absolute right and permission for Viber and the rest of the Rakuten Group, to use, publish, post or display said Local Winners’ 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 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 Local Winner 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 Local Winners waive any right to inspect or approve any such use.
2.2.7 The names of the Local Winners, as well as footage and other images of the Local Winners may be published by Viber and/or the rest of the Rakuten Group (at their sole discretion) and may be made available to over one 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 the applicable Grand Prize each Participant hereby irrevocably agree in advance to the publication described in the preceding sentence to the fullest extent permitted under law.
2.3 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 Prize won will be forfeited in Viber’s sole discretion.
2.4 Viber is entitled to change any of the Prizes, and to add and/or remove Prizes, in its sole discretion.
2.5 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 to substitute any portion of a 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 a Grand Prizes are the sole responsibility of the Local Winner. The Prizes, and all elements thereof, 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 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 the Prize.
3.RELEASE. PRIZE WINNERS AND PARTICIPANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, 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. 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’ predictions 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’ predictions, 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’s Leaderboards 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 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. 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 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.
7.1 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, the redemption period of the Coupons, 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.
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 one 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.
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