BarcaViber Fan of the Year Contest Terms and Conditions
These Terms & Conditions (the “Terms“) govern your participation in the ‘BarcaViber Fan of the Year 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 to have a Viber account. Participation is forbidden on employees of 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.
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 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 September 1st and until May 26th, 2018 (the “Term”). 1.1.3 In order to enter into the Contest, you need to subscribe to the FC Barcelona bot, available for free in the Viber discover screen (the “FCB Bot”) and play according to the below rules.
1.2 Match Heat:
1.2.1 In each FC Barcelona match during the Term, subscribers of the FCB Bot will be asked 4 questions through the FCB Bot, on Viber:
- Two hours before the game and until start of game (you will not be able to answer/collect points for these questions once the game starts):
- Win / Draw / Loss (WDL)
- Final Score
- From halftime until game end +2 minutes (you will not be able to answer/collect points for these questions following such time):
- Team Performance
- Man of the Match choice
A response to a question will be considered an “Entry” and participation in the Contest, and is subject to the Terms hereof.
Subscribers that did not submit a response to a question within the aforementioned time windows, shall not be eligible to continue and answer the following questions for the specific match.
1.2.2 Users will score hits for correct answers. To hit a score for the final score question, the prediction has to be exact (e.g. If FC Barcelona wins 5:0 and the user has predicted a 4:0 win then such user will not score a hit for the Final Score question).
1.2.3 To win a point for the team performance, your answer has to be within the range of 0.5 points to the average of all other participants who voted (“Community Average“) (e.g. with a team performance Community Average of 4.45, only users that rated a 4 will hit a score; If the Community Average is exactly 5.5, all users who have rated 5 and all users who have rated 6 will score a hit for the team performance question). To hit a score for the Man of the Match choice, your answers have to match the most voted Man of the Match by other users.
Users that scored 4/4 hits for a certain match (i.e. predicted accurately the WDL, final score, Community Average for team’s performance and community’s choice for Man of the Match) – are Match Bachelors and collect 1 point for that specific match, which will be counted for the Monthly Heat.
All scores are collected by Inscouts GmbH, and are final for the purpose of these Terms.
Viber is entitled to add more activities and opportunities for participants to collect points as part of the Contest, in its sole discretion.
1.3 Monthly Heat:
1.3.1 Eligible Participants:
At the end of each calendar month, the Match Bachelors (one, or if there is a tie, then more) that collected the highest amount of points during that month will automatically become Monthly Bachelors.
- Viber is entitled to add more activities and opportunities for participants to collect points as part of the Contest, in its sole discretion.
1.3.2 Monthly Prize:
- A single participant who is an eligible Monthly Bachelor will win the Monthly Prize.
- An announcement and notification of the Monthly Prize winner will take place up to 7 business days following the end of the applicable calendar month.
- In the case of multiple Monthly Bachelors – the Monthly Bachelor who was first to subscribe to the FCB Bot will receive the Monthly Prize.
- Monthly Prize will be one of the following, at Viber’s sole discretion:
- An official FC Barcelona merchandise item (an official FCB shirt, accessory or equipment).
- Traveling packs to see an FC Barcelona game in Camp Nou (Up to 2 packs will be awarded during the season). Each pack includes 2 regular game seats to a game in Camp Nuo, to be selected by Viber in its sole discretion, 2 flight tickets for tourist class, and accommodation for 2 people for 2 nights in Barcelona. Winner and their 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 them must be 21 or older. Other costs are not covered.
- Viber is entitled to decide to award additional winners at each Monthly Heat, in its sole discretion.
1.4 Seasonal Heat:
1.4.1 Eligible Participants:
At the end of the Term, all Monthly Bachelors will be eligible to enter the Seasonal Heat. Viber will notify all Monthly Bachelors through Viber of their eligibility within 7 days of the end of the Term, and they will have 14 days to send Viber a one minute video, to the platform instructed by Viber, explaining why they should be named BarcaViber Fan of the Year (Seasonal Entry). A committee comprised of Viber marketing experts will select the most creative and convincing video, within 7 days from the end of the 14 days’ period given for the preparation and submission of the aforementioned videos.
1.4.2 Seasonal Prize:
The winner of the Seasonal Heat will win the following:
- Official title of “BarcaViber Fan of The Year”
- An all inclusive trip and VIP hosting to Barcelona, which will include:
- 2 VIP tickets to an FC Barcelona game, at Viber’s sole discretion.
- 2 flight tickets – tourist class.
- Accommodation for 3 nights for 2 people.
- US$2000 for expenses (total for both travelers).
- A chance to meet the team players and present the BarcaViber Player of the Year award to the winning team player (the FC Barcelona team player that was voted most times “Man of the Match”) (Pending on schedule availability).
- Winner and their 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 them must be 21 or older. Other costs are not covered.
1.5 Viber assumes no responsibility for Entries not received on time or at all for whatever reason, including due to a technical error or malfunction.
1.6 The names of the winners of each of the Match, Monthly and Seasonal Heats, and all Seasonal Entries may be published as part of Viber’s campaign, and made available to over 800 million Viber users within the Viber network, as well as to the general public though other social networks, including on Facebook. By making your Entry and/or participating in the Contest you hereby irrevocably agree in advance to this publication. No cash alternative to the Prize will be offered. The Prizes are offered on ‘NO EXCHANGE, NO REFUND’ basis and are not transferable. We reserve the right to substitute the Prize with other prize or prizes of equivalent value without giving prior notice.
1.7 Viber has the sole discretion in selecting the winners from all the eligible Seasonal Entries received. Viber’s decisions on all matters involving the Contest will be final.
1.8 If a winner cannot be contacted or does not claim one of the aforementioned prizes within 7 days of notification, we reserve the right to withdraw such prize from the winner and pick a replacement winner instead.
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 and Seasonal Entry (if applicable) to the Contest is submitted personally by you, and you have sufficient legal rights thereto, including sufficient rights to give to Viber the License (as defined below) to the Entry and the Seasonal Entry.
2.1.2 You are solely responsible towards Viber in connection with your Entry and Seasonal Entry. You will fully indemnify Viber for any claims in respect of your Entry’s and Seasonal Entry’s lawfulness. 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 and Seasonal Entry to the Contest in violation of these Terms or of applicable law.
2.1.3 By submitting your Seasonal Entry you represent and warrant that: Your Seasonal 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.
2.1.4 You hereby grant Viber and the rest of the Rakuten Group, and to FC Barcelona (the “Authorized Parties”), an irrevocable, perpetual, non-exclusive, royalty-free and worldwide license (the “License”) to use the Seasonal Entry in any way the Authorized Parties may reasonably choose for the purpose of the Contest as well as for promoting Viber’s and the rest of the Rakuten Group’s 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 Seasonal Entry to the Contest.
2.1.5 Without derogating from the above, you specifically acknowledge that you are aware and agree that your name and/or your Seasonal Entry 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, 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.
2.2 In addition, by submitting an Entry to the Contest, you further undertake that you will not, nor will you allow others, to:
2.2.1 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.
2.2.2 Interfere with or disrupt the Contest and/or Viber network, or otherwise interfere with Viber’s systems and services in any manner.
2.3 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.
2.4 Without any obligation from Viber to delete any content, if you see any content you believe to be offensive or infringing of copyrights, you may report such content to us.
2.5 You are solely responsible for backing up of your Seasonal Entry. Viber shall not be liable for any purging, deletion or failure to retain any Seasonal Entry.
2.6 Viber reserves the right to disqualify any participant who is not eligible to participate in the Contest.
3. LIMITATION OF LIABILITY.
3.1 VIBER AND EACH OF ITS 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 VIBER 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, VIBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
3.2 AS A CONDITION OF ENTRY INTO THE CONTEST, YOU AGREE TO RELEASE VIBER AND EACH OF ITS 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 BOT; 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 OR TRAVELLING TO AND/OR FROM ANY PRIZE-RELATED ACTIVITY; OR ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE CONTEST TERMS OR THE CONTEST TERMS OR THE ANNOUNCEMENT OF THE OFFERING OF THE PRIZE.
4.2 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.
4.3 The Contest and these terms and conditions 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.