Facebook Spark AR Community Online Challenge
OFFICIAL RULES AND
NO PURCHASE NECESSARY TO ENTER OR RECEIVE AN AWARD IN THIS CHALLENGE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THE FOLLOWING ARE REQUIRED TO PARTICIPATE AND/OR MAKE USE OF THE AWARD: A VALID FACEBOOK ACCOUNT, MEMBERSHIP OF THE SPARK AR CREATORS COMMUNITY GROUP FACEBOOK PAGE (“SPARK COMMUNITY PAGE”), OWNERSHIP/ACCESS TO MAC OS 10.12 OR HIGHER TO DOWNLOAD SPARK AR STUDIO, OWNERSHIP/ACCESS TO A DEVICE CAPABLE OF TAKING AND UPLOADING VIDEO, HIGH QUALITY IMAGE OF EFFECT, INTERNET ACCESS, A VALID EMAIL ACCOUNT, AND AGREEMENT TO ADDITIONAL TERMS.
BY PARTICIPATING, YOU AGREE THAT FACEBOOK IRELAND LIMITED, 4 GRAND CANAL SQUARE, DUBLIN 2, IRELAND (“SPONSOR”) MAY USE ELEMENTS OF YOUR PROJECT SUBMISSION (AS DEFINED BELOW), AS WELL AS YOUR NAME, INSTAGRAM OR FACEBOOK USERNAME, LIKENESS, PHOTO, VIDEO, OR OTHER IDENTIFYING CONTENT IN MARKETING AND PROMOTIONAL MATERIALS AS MORE FULLY DESCRIBED BELOW. YOU AGREE AND ACKNOWLEDGE THAT YOUR PROJECT SUBMISSION MAY BE USED BY SPONSOR AND POSSIBLY OTHERS WITHOUT ANY COMPENSATION TO YOU. YOU GRANT SPONSOR A BROAD LICENSE TO USE YOUR PROJECT SUBMISSION AS DESCRIBED IN THE “LICENSE” SECTION BELOW.
THE FACEBOOK SPARK AR COMMUNITY ONLINE CHALLENGE (“CHALLENGE”) IS SCHEDULED TO TAKE PLACE IN THE FOLLOWING PHASES: (1) ON MARCH 7, 2019, SPONSOR WILL ANNOUNCE THE THEME OF THE CHALLENGE AND INVITE QUALIFYING PARTICIPANTS (AS DETAILED BELOW) TO REGISTER TO PARTICIPATE VIA FACEBOOK.COM BASED ON INSTRUCTIONS PROVIDED BY SPONSOR, (2) BETWEEN MARCH 7, 2019 AND MARCH 20, 2019, PARTICIPANTS WILL CREATE A NEW, NON-BRANDED EFFECT USING SPARK AR STUDIO SOFTWARE AND (3) PUBLISH A VIDEO SHOWCASING THEIR WORK ON THE SPARK COMMUNITY PAGE WITH THE HASHTAGS #SPARKARCHALLENGE AND #ENTRY, (4) COMPLETE PROJECT SUBMISSIONS MUST BE POSTED ON MARCH 20, 2019 NO LATER THAN 23:59:59PM GMT, AND (5) COMPLETE PROJECT SUBMISSIONS MUST BE SUBMITTED FOR PUBLICATION ON INSTAGRAM OR FACEBOOK ON MARCH 20, 2019 NO LATER THAN 23:59:59 GMT.
PARTICIPANTS MUST REGISTER BETWEEN 17:00:00 GMT on MARCH 7, 2019 AND NO LATER THAN 23:59:59 GMT on MARCH 12, 2019 TO PARTICIPATE IN THE CHALLENGE. FAILURE TO REGISTER BETWEEN MARCH 7 AND MARCH 12, 2019 AND FAILURE TO SUBMIT PROJECT SUBMISSIONS BY MARCH 20, 2019 23:59:59PM GMT VOIDS ANY PARTICIPATION AND ELIGIBILITY.
POTENTIAL WINNERS MAY BE REQUIRED TO EXECUTE AWARD ACCEPTANCE, TAX, AND CONFIDENTIALITY DOCUMENTS AND LIABILITY/PUBLICITY RELEASE, AND RETURN THEM WITHIN SEVEN (7) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION OR AWARD MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.
BY PARTICIPATING, YOU AGREE THAT YOUR PARTICIPATION AND THIS CHALLENGE ARE GOVERNED BY THE LAWS OF THE UNITED STATES AND YOU CONSENT TO TRANSFER, STORAGE, AND USE OF YOUR INFORMATION WITHIN THE UNITED STATES.
IMPORTANT: PLEASE READ THESE OFFICIAL RULES, WHICH ARE A CONTRACT, CAREFULLY BEFORE TAKING ANY STEPS TO PARTICIPATE. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. BY PARTICIPATING, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS.
To participate, eligible individuals (as defined below) must register between 17:00:00pm Greenwich Mean Time (“GMT”) on March 7, 2019 and 23:59:59pm GMT on March 12, 2019, at https://go.fb.com/SparkARchallenge-segmentation (“Registration Period”). On or about March 7, 2019 at 8:00pm ET, Sponsor will announce the theme of the Challenge on https://go.fb.com/SparkARchallenge-segmentation. Between 17:00:00pm GMT on March 7, 2019 and 23:59:59pm GMT on March 20, 2019 (“Challenge Period”), qualifying participants (defined in the Eligibility section below) are invited to (i) create a new, non-branded effect using Spark AR Studio software; (ii) upload a video demonstration with a total length between five (5) seconds and not more than twenty (20) seconds showcasing their work on the Spark Community Page on Facebook.com using a valid Facebook account and including the hashtags #SparkARchallenge and #entry (“Video”) (defined in the How To Enter section below); and (iii) publish their effect to Instagram or Facebook in accordance with all applicable platform terms during the Challenge Period (the Spark AR Studio effect, related video and posts, and any other materials submitted to participate in the Challenge are all collectively referred to as “Project Submission”). The Video must be posted to the Spark Community Page and the effect must be published to Instagram or Facebook by 23:59:59pm GMT on March 20, 2019 (“Deadline Period”). Each post must include all required information for the Challenge as instructed by Sponsor to compete for an award in this Challenge (“Award”), including, without limitation, the Video, the URL link to try the effect, a short description of the project, and the hashtags #SparkARchallenge and #entry (qualifying individuals are collectively, “Participants” and each, a “Participant”). Subject to receiving sufficient qualifying entries by the end of the Challenge Period (details subject to change based on the number of entries received) each published Project Submission will be judged according to the Winner Selection criteria below for the opportunity to receive an Award as described below. These Official Rules (“Official Rules”) govern the participation in the Challenge as indicated by Sponsor’s directing to these Official Rules in Challenge-related materials or correspondence. COMPETITION STRUCTURE IS SUBJECT TO CHANGE IN SPONSOR’S SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, DEPENDING ON THE NUMBER OF ENTRIES RECEIVED. This is only a high-level summary of the Challenge; read through these entire Official Rules to make sure you understand the details.
The Challenge is open only to natural persons who are fluent in English reading and writing and are legal residents within the Territory (defined below), and who, at the start of the Registration Period: (i) are at least eighteen (18) years of age and the age of majority in their jurisdiction of residence; (ii) are a registered user of a valid Facebook account with Internet access and a valid email address throughout the Challenge Period; and (iii) own or have access to a device compatible with Spark AR studio software and capable of taking and uploading video content. A Participant may only participate in the Challenge on behalf of themselves and by participating in any way, you understand and agree that your individual actions do not violate your employer’s or organization’s policies and procedures and if you cannot receive a Challenge benefit or Award because of such policies, you agree to forfeit the benefit or Award and agree that Facebook will have no obligation to you in connection with your participation in the Challenge. All Participants must exclusively use Spark AR Studio software to complete the Project Submission. “Territory” means any area, country, state, territory, or province where United States or local laws do not prohibit participating or receiving an Award in the Challenge and excludes China, Kenya, Venezuela, Argentina, Denmark, Greece, Quebec, Cuba, Iran, North Korea, Sudan, Myanmar/Burma, Syria, Zimbabwe, Iraq, Lebanon, Liberia, Libya, Somalia, Zimbabwe, Belarus, Balkans, and any other area or country designated by the U.S. Treasury’s Office of Foreign Assets Control.
An individual person may not submit more than one (1) entry. Employees, officers, directors, members, managers, agents, and representatives of Sponsor and any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Challenge, or any of their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, and advertising, promotion, and public relations agencies, judges and their employers, employees, managers, agents and representatives (collectively, the “Released Parties”) and the immediate families (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and members of the same household (whether legally related or not), are ineligible to participate or receive an Award in this Challenge.
Taking any step to participate in this Challenge, including without limitation, registering for the Challenge and/or posting a Project Submission, constitutes Participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding in all matters.
(3) HOW TO ENTER:
During the Registration Period
, qualifying individuals must
register to participate in the Challenge at https://go.fb.com/SparkARchallenge-segmentation
. On or about March 7, 2019, Sponsor will open registration and announce the theme of the Challenge on https://go.fb.com/SparkARchallenge-segmentation
. By registering, you agree to abide by the Spark AR Studio terms on https://sparkar.com/ar-studio/terms
. During the Challenge Period
, qualifying Participants are invited to compete for an Award in this Challenge by following the steps described below. Project Submissions must be submitted before the Deadline Period
. Qualifying Project Submissions will be judged according to the criteria below for the opportunity to receive an Award as described below.
During the Challenge Period, Participants must follow these steps and any of Sponsor’s additional or modifying instructions:
||Create an original effect using Spark AR Studio software.
||Create a video with a total length between five (5) seconds and not more than twenty (20) seconds that demonstrates and showcases your original effect and experience using Spark AR Studio software.
||Upload your Video to the Spark Community Page using a valid Facebook account during the Deadline Period, being sure to include the hashtags “#SparkARchallenge” and #entry (“Required Hashtags”). The Facebook post must include the Required Hashtags and each item of information requested by Sponsor, including, without limitation, the Video, the URL link to try the effect, project name, and a short description of the project.
||Submit the original effect to be published on Facebook or Instagram in accordance with all applicable platform terms via https://sparkar.com/ar-studio/learn/documentation/before-you-start/policy.
Completing these steps will serve as confirmation that you have read and agree to comply with these Official Rules, which will be available throughout the Challenge Period on the Spark Community Page and http://go.fb.com/SparkARchallenge-segmentation. Qualifying Project Submissions posted by eligible Participants will be entered into this Challenge and judged for the opportunity to receive an Award, subject to verification. Each Project Submission must include all required information for the Challenge as instructed by Sponsor, including, without limitation, the participant’s name, project name, the URL link to try the effect, a short description of the project, and their Instagram username (if the original effect is published on Instagram). All content presented and/or submitted in connection with this Challenge, including without limitation, the Video submission, must comply with all of the Content Requirements detailed in Section 4 below. The Video must be available via Facebook.com throughout the winner selection process in strict accordance with Facebook (and Instagram, if applicable) platform policies, instructions and restrictions from Sponsor, and these Official Rules. It is each Participant’s responsibility to set his or her account settings to ensure that any purported Submission Video is publicly accessible. Sponsor is not responsible for any inability to view your Submission Video and any purported submission linking to an inaccessible Video will be disqualified. Sponsor may request that the Participant provide it with a permanent, retainable (e.g. downloadable) copy of the Participant’s Video and each Participant agrees to comply with any such request. No Released Party is responsible for any purported Video or other Content that is removed for any reason at any time, including but without limitation, if the post is removed in response to being “flagged” or reported as inappropriate. Sponsor’s clock will be the official timekeeper for this Challenge. Only Project Submission(s) properly submitted and actually received by Sponsor prior to the Deadline Period will be considered.
Participants should review all personal information submitted for accuracy purposes and to make all corrections necessary to fix inaccurate information before posting the Project Submission(s). Each Project Submission must be submitted by Participant during the Challenge Period during the Deadline Period in strict accordance with the instructions and restrictions in these Official Rules and any other instructions that Sponsor may provide through its authorized representatives or otherwise. Project Submissions that are not actually received or perceived by Sponsor and its representatives as instructed will not be considered for the Challenge. Other proof of submitting or attempting to post Project Submission(s) (such as, without limitation, a screenshot) does not constitute actual receipt of the Project Submission(s) for purposes of this Challenge. Purported participation that is incorrect or incomplete, received outside of the Deadline Period, or contains obscene, offensive, or any other language or imagery communicating messages inconsistent with the positive images with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void. Those who do not abide by these Official Rules and the instructions of Sponsor and its representatives and provide all required information may, in Sponsor’s sole discretion, be disqualified and any purported participation by such person void. Project Submission(s) may not be acknowledged. Any Project Submission that is fraudulent, forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Any Project Submission made by someone on behalf of any other individual or any entity or group, made by another on your behalf, or originating at any online service other than as specifically described above (including, without limitation, through a commercial promotion subscription, notification, or entering service) will be declared invalid and disqualified for this Challenge. In the event that any dispute regarding Project Submission(s) or a Participant cannot be resolved to Sponsor’s satisfaction, the Project Submission(s) will be deemed ineligible and the associated Participant(s) disqualified. As a condition of participating in the Challenge, without limiting any other provision in these Official Rules, each Participant gives consent for Sponsor and its agents to obtain and deliver their name, email address, Instagram username, Facebook username, and other information and content to third parties for the purpose of administering this Challenge and complying with applicable laws, regulations, and rules. Sponsor may keep all Participant information and Project Submission(s) for up to five (5) years after completion of the Challenge for business management and record keeping purposes. YOU SHOULD RETAIN RECORDS OF YOUR PROJECT SUBMISSION. SPONSOR IS NOT RESPONSIBLE FOR PROVIDING A COPY OR REPORT OF ANY ELEMENT OF PARTICIPATION. ANY PROJECT SUBMISSION THAT DOES NOT CONFORM TO THE REQUIREMENTS OF THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR’S SOLE DISCRETION.
(4) CONTENT REQUIREMENTS:
Any and all aspects of participation in the Challenge, including without limitation, the Project Submission, Video, and any Challenge-related material or information submitted by a Participant (collectively, “Content”) must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated Project Submission may be disqualified:
- Content must comply with all requirements provided by Sponsor at https://go.fb.com/SparkARchallenge-segmentation and the Spark AR Community Page.
- All Content must be entirely in the English language.
- Video must be between five (5) seconds and no longer than twenty (20) seconds in duration.
- If Content makes use of any other services, Content and related participation in this Challenge must comply with any and all governing terms that apply to those services.
- Content must be original to you (or include content that is in the public domain) and must not infringe upon the rights of any third parties. No other person or entity may have rights to your Content.
- If the Content mentions or depicts any identifiable person other than you, you agree that you have that person’s or people’s approval to include their name, likeness, or image in the Project Submission and can provide Sponsor proof of that approval in writing upon Sponsor’s request and within the timeframe requested.
- Content must not contain any third-party trademarks (including logos), trade dress, products, or other brand elements.
- Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
- Content must not include any malware, spyware, viruses, or similar harmful code or content.
- Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, libelous (including trade libel), disparaging, harassing, threatening, profane, obscene, pornographic or otherwise adult-oriented, hateful, indecent, inappropriate, or injurious to any Released Party or any other party.
- Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations.
- Content must be suitable for presentation in a public forum.
- Content must be unpublished prior to being submitted as part of the Challenge and may not have been entered into any other challenge, contest, sweepstakes, promotion, or competition or otherwise distributed in any way. Content must not be publicly displayed during the Challenge Period except according to these Official Rules.
- Content must not create or imply any association between Sponsor and any individual, entity, or anyone else or his, her, or its products and services.
- Content must not identify, reference, or depict any company other than Sponsor or Spark AR Studio software or any other company’s brands, products, or services.
- Content must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork.
- No other person or entity may have rights to your Project Submission, including the Video. You agree that, upon request by Sponsor and as a condition of remaining eligible to receive an Award in this Challenge, you will promptly provide Sponsor with adequate written proof (as determined by Sponsor) that any third parties that are identified in or assisted in any way with the development or creation of the Content have waived or assigned to you any right, title, or interest they may have in the Project Submission.
- You agree that your participation in this Challenge and agreement to these Official Rules will not violate any agreement to which you are a signatory or party and that no such agreement otherwise limits your ability to participate in this Challenge or grant the rights granted by you in these Official Rules.
- You agree to indemnify the Released Parties against any and all claims from any third party for any use by any Released Party of the Content authorized pursuant to these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify you from the Challenge and/or remove from displaying or publishing any Project Submission if in Sponsor’s sole discretion if the Content refers, depicts, or in any way reflects negatively upon Sponsor, the Challenge, or any other person or entity, if the Content does not comply with these Content Requirements, and/or if you do not comply with any other requirement of these Official Rules.
(5) WINNER SELECTION/NOTIFICATION:
The submissions submitted during the Challenge Period will be judged based on the following criteria by Sponsor-selected judges according to the weights indicated:
- Creativity (40%);
- Applicability to Theme Announced on March 7, 2019 (40%); and
- Overall Video Quality (20%)
The Participants with the three (3) highest total scores according to the criteria listed above will be the winner, subject to verification. In the event of a tie in the selection of the winner of an Award, the Participant who received the highest score in the first criteria listed above (Creativity) will be named the potential winner for that Award, subject to verification. If there is still a tie, the highest score in the second criteria listed above (Applicability to Theme) will be named the potential winner for that Award, subject to verification. The second and third Awards will be awarded in the same manner.
FAILURE TO TIMELY RESPOND OR COMPLETE ANY OF THE STEPS SET FORTH IN THE NOTIFICATION PROCEDURES BELOW FOR ANY REASON, INCLUDING FILTERING OR FAILURE BY ANY POTENTIAL WINNER TO NOTICE OR ACCEPT A COMMUNICATION FROM SPONSOR OR ITS REPRESENTATIVE, MAY RESULT IN DISQUALIFICATION OF SUCH POTENTIAL WINNER AND SELECTION OF AN ALTERNATE WINNER. Sponsor reserves the right to contact Participants for verification purposes and administration of the Challenge. All Sponsor’s decisions are final and binding in all matters relating to this Challenge. Each Participant acknowledges that other Participants may have created ideas and concepts contained in their Content that may have familiarities or similarities to their Content, and agrees that they will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities. The winner determination will be announced to the potential winner(s) via email and on the Spark Community Page on or by approximately March 29, 2019. Notification is deemed to have occurred immediately upon sending of an email.
Potential winners will, in Sponsor’s sole discretion, be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release and tax forms (as applicable) (collectively, the “Winner Documents”) according to Sponsor’s instructions as specified by Sponsor or its representative. Completed Winner Documents, if applicable, must be received by the Sponsor within seven (7) days of Sponsor sending the documents to Participant (or other time frame as stated in the notification or Winner Documents). Failure to comply with these requirements, Sponsor’s or its representative’s instructions, or these Official Rules may, in Sponsor’s sole discretion, result in disqualification from the Challenge and forfeiture of any Award potentially won. The Winner Documents, if required, are each subject to verification by Sponsor and may require the Participant to provide their Social Security Number and/or a copy of government-issued identification card or number therefrom. Tax forms may be issued as appropriate in Sponsor’s sole discretion. If any Award, Award notification, or other Challenge-related communication is returned as undeliverable or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The Award claim and Award Winner Documents are subject to verification by Sponsor. Sponsor will not be obligated to pursue more than two (2) alternate winners (time permitting) for any reason. Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify at any time any Participant if the Participant in any way violates or fails to comply with these Official Rules, even if the Participant has been notified or announced publicly or otherwise in any way.
EACH PARTICIPANT, AS A CONDITION OF ENTERING THE CHALLENGE, AGREES THAT THEY WILL SIGN ALL DOCUMENTATION REQUESTED BY SPONSOR IN THE TIMEFRAME REQUIRED, INCLUDING, WITHOUT LIMITATION, A LICENSE FOR SPONSOR TO USE THEIR CONTENT FOR PROMOTIONAL PURPOSES.
(6) AWARDS, QUANTITY, & APPROXIMATE RETAIL VALUE (“ARV”):
The top three (3) Participants whose submissions receive the highest three (3) scores according to the criteria listed above, subject to verification, will each receive the following Award: their winning effect featured at the F8 Facebook Developer Conference from April 30, 2019 to May 1, 2019 (ARV of USD $0) and a feature on the Spark AR website as “Spark AR Community Challenge” winners. Only one (1) Award per individual maximum will be awarded. The Released Parties are not responsible for and winner will not receive the difference between the actual value of the Award at the time of Award and the stated ARV in these Official Rules or in any Challenge-related correspondence or materials. Sponsor is not responsible for a potential winner’s inability to accept or use the Award for any reason. Award details not specifically stated in these Official Rules will be decided in Sponsor’s sole discretion.
If a winner cannot receive an Award from Sponsor per such winner’s employer’s policies, such winner will forfeit the Award won and Sponsor will have no further obligation to that winner. Any taxes (federal, state, provincial, and local) and other costs and expenses associated with Award acceptance or use and not specified in these Official Rules as being part of the Award will be the sole responsibility of winner. No more than the stated Awards will be awarded. Sponsor will not replace any lost, mutilated, or stolen Awards or Award elements or any Awards that are undeliverable or do not reach the winner because of an incorrect or changed address or contact information. If a winner does not accept or use the entire Award, the unaccepted or unused part of the Award will be forfeited and Sponsor will have no further obligation with respect to that Award or portion of the Award. No transfers, Award substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Winner is strictly prohibited from selling, auctioning, trading, or otherwise transferring any part of the Award, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Any mailed Award elements will only be mailed or otherwise provided to the verified winner’s address in the Territory, unless Sponsor, in its sole discretion, agrees otherwise. Sponsor reserves the right to substitute any Award or portion thereof with another Award or portion thereof of equal or greater value for any reason, including unavailability of the stated Award. Each Participant waives the right to assert as a cost of winning any Award any and all costs of verification and redemption or travel to claim the Award and any liability and publicity which might arise from claiming or seeking to claim said Award.
(7) LICENSE GRANTED BY PARTICIPANTS:
Unrelated to the selection of a winner in this Challenge, the Sponsor may evaluate Project Submissions and Content after the Challenge for potential use of the Content in its advertising and promotional materials. By participating, except where prohibited by law, each Participant grants to the Released Parties and their agents, successors and assigns in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Project Submission, and the Content itself, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. As a condition of participating, each Participant agrees to sign documents promptly at Sponsor’s request to confirm the rights granted in these Official Rules and grant additional rights regarding use of their Project Submission and Content in Sponsor’s sole discretion.
Each Participant hereby acknowledges and agrees that the relationship between the Participant and each of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the Participant decision to participate for purposes of the Challenge does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Content, other than as set forth in these Official Rules. Each Participant understands and acknowledges that the Released Parties have wide access to ideas, text, images, code, applications, software, and other creative materials. Each Participant also acknowledges that many ideas for products, services, and advertising may be competitive with, similar to, or identical to their Content and/or each other in idea, function, components, format, or other respects. Each Participant acknowledges and agrees that such Participant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material that has or may come to such Released Party from other sources. Notwithstanding any custom or practice in the industry to pay an individual for an idea (if any), nothing herein will create an implied or express contract to compensate Participants for their Project Submission and/or Content and there is no obligation whatsoever for any Released Party to pay or otherwise compensate Participants for any of their ideas or materials in any communications with a Released Party. Participants hereby forever waive and relinquish all so-called “moral rights” (droit moral) now or hereafter recognized in connection with his or her Project Submission. The Released Parties reserve the right to request from Participant at any time proof that Participant maintains all necessary rights in their Project Submission in order to grant the applicable Released Party the rights required herein in a form acceptable to such Released Party. Failure to provide such proof may lead to, among other things, the Participant being disqualified from the Challenge. Each Participant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the Participant’s or any third party’s patent, copyright or other proprietary rights in and to their Content. Each Participant acknowledges that, with respect to any claim by Participant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Content or other material submitted in connection with the Challenge, the damage, if any, thereby caused to the applicable Participant will not be irreparable or otherwise sufficient to entitle such Participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Released Party campaign, bot, application, service or other property, and Participant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
(8) LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE AWARD OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY AWARD- OR CHALLENGE-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO OR OF PERSON OR PROPERTY. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE RELEASED PARTIES’ OBLIGATION (IF ANY) TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH WINNER AGREES THAT THE AWARD IS 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 AWARD, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR JURISDICTION OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY THEM. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
(9) DISPUTES/GOVERNING LAW:
THIS CHALLENGE, THESE OFFICIAL RULES, AND ANY DISPUTE ARISING UNDER OR RELATED THERETO (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE) WILL BE GOVERNED, CONSTRUED, AND INTERPRETED UNDER THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, U.S.A., WITHOUT REFERENCE OR GIVING EFFECT TO ITS CONFLICTS OF LAW PRINCIPLES OR RULES THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. ANY LEGAL ACTIONS, SUITS, OR PROCEEDINGS RELATED TO THIS CHALLENGE (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, OR OTHERWISE) WILL BE BROUGHT EXCLUSIVELY IN THE COURTS LOCATED IN SAN MATEO COUNTY, CA, USA AND EACH PARTICIPANT IRREVOCABLY ACCEPTS, SUBMITS, AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THESE COURTS WITH RESPECT TO ANY LEGAL ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATED TO THIS CHALLENGE. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. Each Participant also agrees, to the extent permitted by applicable law to: (1) to be fully and unconditionally bound by, and to waive any right to claim ambiguity in, these Official Rules; (2) that the decisions of the Sponsor are final and binding on all matters relating to the Challenge, including interpretation of these Official Rules and awarding of the Awards; (3) to the use of his/her name, voice, likeness, biographical data and/or information contained in his/her entry for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide (including online) in perpetuity by the Sponsor, its promotional partners, and third-party marketing entities, without additional compensation, review, or approval, except where otherwise prohibited by law (but nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve such use); (4) that any and all disputes that cannot be resolved between the Participant and any Released Party, claims and causes of action arising out of or connected with this Challenge, or the Award awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action; and (5) that in the event of any dispute between the Participant and any Released Party: (a) Participant will not be permitted to obtain awards for, and hereby waives all rights to claims, punitive, incidental, consequential or special damages, lost profits, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (if any), not to exceed ten U.S. dollars (USD $10); (b) Participant waives all rights to have damages multiplied or increased; and (c) Participant’s remedies are limited to a claim for money damages (if any) in an action at law and Participant irrevocably waives any right to seek injunctive or equitable relief.
(10) ADDITIONAL DISCLAIMERS:
The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the Participant, or by human error: participation submitted by illegitimate means (such as, without limitation, by an automated computer program) or participation in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected participation, email, mail, or Challenge-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, any Challenge-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or participation information. Released Parties are not responsible for electronic communications that are undeliverable or do not reach Participant as a result of any form of active or passive filtering of any kind (including, without limitation, rejection or segregation of any message based on Participant’s decision not to follow Sponsor’s account on Facebook or Instagram or messages from Sponsor that are segregated into an “Other” or similar folder) or insufficient space in a potential winner’s email inbox to receive email messages. Released Parties are not responsible, and may disqualify you, if your email address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, the Released Parties are not responsible or liable to any Participant or winner (or any person claiming through such Participant or winner) for failure to supply an Award or any part thereof in the event that any of the Challenge activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any force majeure event, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
(11) GENERAL RULES:
By submitting Content in the Challenge (except where prohibited by law), each Participant grants the Released Parties the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display their name, Instagram username, Facebook username, photograph, likeness, voice, biographical 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 the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to them, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review or approval, and each such person releases all Released Parties from any and all liability related to such authorized uses. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and each natural person granting publicity rights under this provision waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Challenge, including interpretation of these Official Rules, selection of the winners, and awarding of the Awards. All Participants, as a condition of participating, agree to be bound by these Official Rules and the decisions of Sponsor. Participants further agree to not damage or cause interruption of the Challenge and/or prevent others from participating in or engaging with the Challenge. Sponsor reserves the right to restrict or void participation from any IP address or other identifiable source if any suspicious participation is detected. Sponsor reserves the right, in its sole discretion, to void the participation of any Participant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Challenge. Sponsor’s failure or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Challenge-related materials and/or these Official Rules (including any alleged ambiguity, discrepancy, or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Participants waive any right to claim ambiguity in the Challenge or these Official Rules. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Challenge is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Challenge and award the Award from eligible, non-suspect participation prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, participates by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain an Award, Sponsor may disqualify that person and seek damages from them and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a Participant, the dispute must be resolved to Sponsor’s satisfaction or the related participation will be disqualified. Any Participant may be required to provide Sponsor with proof of eligibility in the form requested. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
(13) WINNERS' INFORMATION/OFFICIAL RULES:
Winners will be announced via email and on the Spark Community Page on approximately March 29, 2019. To find out who won or request a copy of these Official Rules, please send an email within three (3) months of the end of the Challenge Period to [email protected]
and in the Subject Line write: Facebook Spark AR Community Challenge Winners.
(14) THE SPONSOR OF THIS CHALLENGE IS: Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland.