These Terms & Conditions (the “Terms“) govern your participation in the ‘Shakira Fan Selfie 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 (i) be 18 years or older, or have permission from your legal guardian to participate, and provided however that no one under the age of 16 will be permitted to enter the Contest; (ii) have a Viber account; and (iii) attend one of Shakira’s concerts in her 2018 US and Canada tour, which will take place between August 3, 2018 and September 6, 2018 (each a “Shakira Concert”); 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.
1. Entries to the Contest; Winners & Prizes;
- Besides the requirement to attend a Shakira Concert at the time of the submission of your Entry (as defined below), Entry to the Contest is free and does not require making any purchase or paying any fee.
- The Contest shall take place between August 3, 2018 and September 6, 2018 (UTC+2) (the “Term”).
- In order to enter into the Contest, you need to subscribe to the Shakira bot, available for free in the Viber discover screen (respectively: a “Subscriber” and, the “Shakira Bot”), and take a funny, creative or ‘out of the box’ selfie of yourself, from the Shakira Concert that you are attending, and send it together with your email address to the Shakira Bot. All selfies need to be submitted at the day of the applicable Shakira Concert between 6:30PM to 7:30PM (local time where the applicable Shakira Concert is taking place).
- A submission of a selfie trough the Shakira Bot will be considered an “Entry” and participation in the Contest and is subject to the Terms hereof.
- Right before the commencement of each Shakira Concert, the Shakira’s staff will choose the best, funniest and/or most creative Entries submitted for each Shakira Concert and the Subscriber(s) that submitted the winning Entries will be awarded with a Prize (as defined below).
- Viber reserves the right to stop accepting Entries, at any time, in its sole discretion.
- Viber assumes no responsibility for Entries not received on time or at all for whatever reason, including due to a technical error or malfunction.
- Winners & Prizes:
- The Subscriber that submitted the best, funniest and/or most creative Entry, per each Shakira Concert, as decided by Shakira’s Staff in their sole discretion (each a “Winner”, and collectively the “Winners”), will win a seat upgrade ticket for him/her and for one companion that is attending the Shakira Concert with him/her (if applicable), for the specific Shakira Concert that they are attending at the time of the Entry (each: a “Prize” and collectively: the “Prizes”). Besides the Prizes for the Shakira Concerts to take place at Houston, Texas and Dallas. Texas, which the Winners of such Prizes will need to collect from the ticket office, all Prizes will be sent to the Winners via the Shakira Bot or by email (i.e. e-tickets), and upon their receipt, Winners will be able to switch to their new seats.
- The Winners will be contacted via the Bot by a direct message prior to the commencement of the applicable Shakira Concert.
- All seat upgrade tickets are the closest “tier” seats to the stage. Winners that are already located in the aforementioned tier cannot request any additional upgrade to their seats.
- Viber reserves the right to verify the eligibility of the Winners, including their age.
- Except where prohibited by law, Winners’ Entry, and acceptance of a Prize constitutes the Winners’ and, if applicable, the Winners Prize companions’, 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, Winners Prize companions’ 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, the Winners Prize companions, release 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 Winners Prize companions, waive any right to inspect or approve any such use.
- The names of the Winners, the footage and other images of the Winners, the Winners Prize Companions (if applicable), 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 Winner hereby irrevocably agree in advance to the publication described in the preceding sentence to the fullest extent permitted under law.
- 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.
- Viber is entitled to change the Prizes, and to add and/or remove Prizes.
- 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) will not result in a substitute prize being awarded.
2. 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 Viber the license provided under sections 2.1.5, 2.1.6 and 2.1.7, and 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.
- 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; (v) does not comprise or include any “junk mail” or “spam”; and (vi) does not include content which does not fully comply with these Terms.
- 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.
- 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.
- 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.
- Viber reserves the right to disqualify any Subscriber who is not eligible to participate in the Contest.
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.
- 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.
- Viber reserves the right to change the Contest or any part thereof and these Terms (including without limitation, changing 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.
- To find out who won, send a legal-size, self-addressed, stamped envelope to: ‘Shakira Fan Selfie 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 one month following the end of the Term.
- Except where prohibited, Subscribers 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 state or federal court located in the State of New York; (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 state of New-York, 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.