WATCHMEN HBO® X SPARK AR THE MASK OFF CONTEST

OFFICIAL RULES

    • NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
    • THIS IS A SKILL-BASED CONTEST.
    • VOID WHERE PROHIBITED BY LAW.
    • DECLARATION OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
    • SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
    • ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
    • THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC.
  1. ELIGIBILITY: The Watchmen HBO® X Spark AR The Mask Off Contest (“Contest”) is open only to individuals who are legal residents of the United States, including Washington, D.C. and U.S. territories, possessions and protectorates (including, without limitation, Puerto Rico, The U.S. Virgin Islands and U.S. Military Installations), who are 18 years of age or older or the legal of the age of majority in their state/jurisdiction of residence, whichever is older as of date of entry. Employees of Home Box Office, Inc. (“Sponsor”), Warner Media, LLC, Don Jagoda Associates, Inc. (“Administrator”), Facebook, Inc., Instagram, Inc., Spark AR Studio, and each of their respective affiliates, subsidiaries, advertising and promotion agencies (collectively, the “Promotion Entities”) and the immediate family members and/or those living in the same household of each are not eligible. Void where prohibited by law. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Entrants must also have a valid Instagram account (“Instagram Account”), 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, internet access, and a valid email account as of date of entry. To participate and enter this Contest via Instagram, individuals will need a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform. Additionally, individuals will need to download the Instagram application from their mobile device’s app store and sign-up for an Instagram Account if you do not already have an Instagram Account. Creating an Instagram Account is free. By submitting your information and creating an Instagram Account however, entrants will be required to agree to the Instagram terms of service and privacy policy. If you do not agree to Instagram’s terms of service and privacy notice, you cannot create an Instagram Account or participate in this Contest via Instagram. Visit https://sparkar.facebook.com/ar-studio/ to download Spark AR Studio for free. By entering or participating in the Contest, entrants agree to be bound by these “Official Rules” and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules.

  2. HERE’S HOW IT WORKS: From 12:00:01 AM ET on 9/16/19 through 11:59:59 PM ET on 10/6/19 (the “Contest Period”) complete all of the following steps to enter the Contest:

    1. Create an original AR (Augmented Reality) Mask effect using Spark AR Studio (your “Effect”) based on the theme and details conveyed in the Contest toolkit (“Contest Toolkit”), accessible at https://go.fb.com/WatchmenMaskOffContest.html (“Contest Website”).

    2. Export and submit your Effect for publishing to Instagram.

    3. Record a video from 5 to 20 seconds in length clearly demonstrating your Effect (your “Video”); if a Video is longer than 20 seconds in length, only the first 20 seconds of the Video will be judged.

    4. Publicly post your Video on Instagram along with the hashtags #WatchmenMaskOffContest, #SparkAR and mention @Watchmen and @SparkARCreators in the caption (your “Post”). Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. NOTE: Sponsor may not receive entries from Instagram users with “private” account settings (i.e., user has set their Instagram Account so that only people the user has approved can view their photos) due to the way Instagram operates its service. Sponsor, at its sole discretion, may accept a technically incorrect unique term. Submissions not received by Sponsor will not be entered into the Contest.

    5. Complete the entry form available on the Contest Website and follow the on-screen instructions to submit the form (“Form”) with the required information, including a link to your Effect.

    6. Your Effect, Video, Post and all information submitted on your Form will collectively be referred to as your “Entry” or “Submission”. All Entries must comply with the Submission Guidelines in Rule #3 below. Participants must exclusively use Spark AR Studio software to create their Effect. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and in these Official Rules. If the Submission contains any person(s) other than the entrant, by entering this Contest, entrant attests that he/she has received permission from other person(s) depicted in the Submission [and from parent/legal guardian if other person(s) depicted are considered minors in their jurisdictions of residence] for Sponsor to use their names/likenesses for publicity, including, but not limited to, exhibition on all broadcast and digital media and must make written copies of such permissions available to the Sponsor upon request. If you are determined a potential winner, any people (or the parent or legal guardian for any minors) depicted in your Submission may be required to sign a publicity release at the sole discretion of the Sponsor. Entrant must make written copies of such permissions available to the Sponsor upon request. Limit three (3) entries per person; if more than three (3) entries are submitted per person, only the first three (3) such entry submitted and received will be deemed valid. All Entries submitted by an entrant must be unique. The database clock of Sponsor’s Contest Website will be the official timekeeper for the Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Assurance of delivery of entries is the sole responsibility of the entrant.

    7. In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the account holder of the email or other account (e.g., Facebook) from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an email address or username by the entity responsible for assigning it (e.g., Yahoo). Winners may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.

  3. SUBMISSION GUIDELINES: Entrants must agree and comply with the following Submission Guidelines. Determination of compliance with the Submission Guidelines and these Official Rules will be in the sole discretion of the Sponsor/Judges, whose decisions are final and binding in this Contest.

    • Submission must comply with all requirements in the Contest Toolkit, accessible at https://www.dropbox.com/sh/8gbhfy1xjsbvdnc/AABmLU-ZFoHxsoeKe4Dmf1Dda?dl=0. Submissions must comply with these Official Rules and any Terms of Service posted on Instagram and meet all specifications or requirements called for on the Contest Website and other advertising for the Contest.
    • Submission must be in the English language; however, common foreign words/phrases are acceptable.
    • If Submission makes use of any other services, Submission and related participation in this Contest must comply with any and all governing terms that apply to those services.
    • Except for the Sponsor-Provided Content or materials that are in the public domain, the Submission must be entrant’s own original work (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 Submission; however, entrants may utilize the materials/assets provided in the Contest Toolkit for use in this Contest.
    • Submission must not contain any third-party trademarks (including logos), trade dress, products, or other brand elements.
    • Submission 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.
    • Submission must not include any malware, spyware, viruses, or similar harmful code or content.
    • Submission 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.
    • Submission 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.
    • Submission must be suitable for presentation in a public forum.
    • Submission must be unpublished prior to being submitted as part of the Contest and may not have been entered into any other contest, sweepstakes, promotion, or competition or otherwise distributed in any way. Submission must not be publicly displayed during the Contest Period except according to these Official Rules.
    • Submission must not create or imply any association between Sponsor and any individual, entity, or anyone else or his, her, or its products and services.
    • Submission must not identify, reference, or depict any company brand, product, or service other than HBO or Spark AR Studio.
    • Submission must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork; however, entrants may utilize the materials/assets provided in the Contest Toolkit for use in this Contest.
    • No other person or entity may have rights to your Submission. You agree that, upon request by Sponsor and as a condition of remaining eligible to receive a prize in this Contest, 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 Submission have waived or assigned to you any right, title, or interest they may have in your Submission.
    • You agree that your participation in this Contest 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 Contest or grant the rights granted by you in these Official Rules.

    • Sponsor reserves the right in its sole discretion to disqualify an entrant from the Contest and/or remove from displaying or publishing any Contest Submission if in Sponsor’s sole discretion if the Submission refers, depicts, or in any way reflects negatively upon Sponsor, the Contest, or any other person or entity, if the Submission does not comply with these Submission Guidelines, and/or if entrant does not comply with any other requirement of these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Submission that Sponsor determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the entrant to do so.

  4. INTELLECTUAL PROPERTY RIGHTS: Entrant, upon submission of his or her Submission to the Contest, irrevocably grants to the Promotion Entities, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions, in whole or in part, alone or with other material, for commercial purposes, including, without limitation, for advertising, publicity, marketing, and other communications, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted. All Submissions that are posted on Instagram are available to be viewed by anyone with access to the Internet.

    Each entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Promotion Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Promotion Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. The Promotion Entities’ only obligations to entrants regarding Submissions are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.

    Limited License from Sponsor to Use Sponsor-Provided Content: As entrants may include Sponsor’s content and characters from the show Watchmen in entrant’s Submission as well as any Spark AR tools and Contest Toolkit (collectively, the “Sponsor-Provided Content”), the Promotion Entities grant each entrant a non-exclusive, revocable, limited license to use the Sponsor-Provided Content solely in connection with the development and submission of their Submission to the Contest. Any other use of Sponsor-Provided Content is prohibited and may be grounds for disqualification and/or legal action for infringement. All use of the Promotion Entities’ show name and other intellectual property, including, without limitation, any Sponsor-Provided Content, by entrant in connection with the Contest will inure solely to the benefit of the Promotion Entities. All derivative works of the Sponsor-Provided Content will be the sole and exclusive property of the Promotion Entities. Entrants acknowledge that as between Promotion Entities and entrant, the Promotion Entities are the owner of all right, title and interest in and to all copyrights, trademarks, trade-dress and other rights associated with its name, the show “Watchmen”, intellectual property, its services, productions, content and materials; and the goodwill pertaining to all of the foregoing. Entrants agree that they will not acquire and will not claim any title to any of the foregoing and will make no use of the same following the conclusion of the Contest. Without otherwise limiting the foregoing restrictions, following the Contest, Entrants may use their Submissions for non-commercial purposes (e.g., posting on entrant’s social media profiles or including in entrant’s personal or professional portfolios).

    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 Submission authorized pursuant to these Official Rules.


  5. JUDGING: All Entries will be judged by Sponsor-selected judges (“Judges”) beginning on or about 10/7/19 based on the following judging criteria (“Judging Criteria”): (i) Originality and Creativity (35%), (ii) Relevance to Theme (35%), and (iii) Functionality (30%). Judging will be accomplished by Sponsor and/or its agents. Based on the total score the Judges assign to each Submission using the Judging Criteria, three (3) winning Submissions will be ultimately selected by the Judges and each individual who submitted a selected Submission will be potential “winners”, subject to confirmation that the potential winners have met the eligibility requirements and complied with these Official Rules. In the event of a tie among Entries, the tied Entries will be re-judged in accordance with the Judging Criteria stated herein.

    Potential winners will be notified by email or other method (as selected by Sponsor), beginning on/about 10/9/19 and will be required to electronically complete a Declaration of Compliance, Release of Liability, Prize Acceptance Form and, where legally permissible, a Publicity Release and Assignment of Rights (“Prize Documents”) within 48 hours of attempted notification and award of the prize(s) to an alternate winner. Noncompliance within this time period may result in disqualification. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a winner, entrants may be required to confirm such assignment by completing and submitting the Prize Documents (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving his/her prize(s). Sponsor reserves the right to select fewer than the stated number of winners, in its sole discretion, if Sponsor does not receive a sufficient number of eligible and qualified Entries. Limit 1 prize per person for this Contest. The Promotion Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.

    If such Prize Documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, the prize(s) will be forfeited and, at Sponsor’s discretion, an alternate winner selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The Promotion Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.


  6. PRIZES: Three (3) Grand Prizes – A check for $10,000 and, in the sole discretion of the Sponsor, the opportunity to have winner’s Effect displayed on HBO/Spark AR, websites, social media platforms, mobile apps, and advertising; winner will also receive a check for $2,500 to offset a portion of winner’s income taxes, though winner understands and agrees that winner and not Promotion Entities are responsible for any and all tax obligations. (ARV: $12,500; there is no retail value associated with Sponsor’s use of winner’s Effect.). Prize consists of only the items specifically listed as part of the prize. Sponsor reserves the right to substitute a prize for one of equal or greater value. No more than the number of prizes stated in these Official Rules shall be awarded. Prizes are non-transferable, with no equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize winners will be solely responsible for all federal, state, local and/or provincial taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The winners may be required to provide Sponsor with a valid social security number or ITIN before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners. Unclaimed prize(s) will be forfeited. The total ARV of all of the prize(s) awarded in this Contest is Thirty Thousand Dollars ($37,500 USD).

  7. GENERAL RULES: By entering, entrant grants to Sponsor and its licensees the right to use entrant’s name, likeness and all information submitted or otherwise provided for purposes of advertising, publicity, marketing and other communications, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law. Proof of submission is not proof of receipt of Entry. Sponsor not responsible for incomplete, lost, late, damaged, illegible or misdirected mail/e-mail or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor not responsible for any damage to any participant’s computer system/software related to or resulting from participation or downloading any materials in this Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. If the Sponsor suspects that an entrant attempted to obtain additional entries by using multiple identities or any other method, all Entries submitted by the entrant will be declared null and void. Any suspected use of robotic, automatic, programmed, or the like methods of participation will void all such submissions by such methods. Contest may be cancelled, modified, terminated or suspended if Instagram or Spark AR change their terms during the course of the Contest so as to interfere with Sponsor's intended conduct of this Contest or if infected by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes outside control of Sponsor which impairs or affects the administration, security, fairness, integrity, or proper conduct of the Contest. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with any entry process or harassed any Sponsor representative or any entrant and to cancel, modify, terminate or suspend the Contest. In the event of termination, a notice will be posted on https://go.fb.com/WatchmenMaskOffContest.html and winners will be determined, in accordance with Rule #5, from among all eligible Entries received prior to the time of termination. By participating in this Contest, entrants agree to be bound by the Official Rules and the decisions of Sponsor and Sponsor’s designees, which shall be final and binding in all respects. By participating in the Contest and/or accepting a prize, each entrant agrees to release, discharge and hold the Promotion Entities, and either of their respective current and future parents, affiliates, subsidiaries, advertising and promotion agencies, licensees, successors and assigns and all of their respective officers, directors, agents and employees (collectively, “Released Parties”) harmless from and against any and all claims, costs, losses, damages, injuries and liability arising out of participation in this Contest or use/misuse of prize, including, without limitation, any claims for personal injury (including death) or property damage and any claims for infringement of any third party rights (including any intellectual property, privacy and/or publicity rights). Entrants assume all liability for any injury or damage caused, or claimed to be caused by participation in this promotion or use or redemption of any prize. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.

  8. GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. In the event of a dispute or controversy, Entrant hereby submits to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York and Entrant waives the right to any claim of an inconvenient forum.

    BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. Entries are the views/opinions of the individual entrant and do not reflect the views of Sponsor in any manner. Sponsor not responsible for typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. The invalidity or unenforceability of any provision of these Official Rules or the Prize Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.


  9. SPONSOR: Sponsor is Home Box Office, Inc., 30 Hudson Yards, New York, NY 10001.

  10. WINNERS: To receive a list of winners by email, send an email to [email protected] with WINNERS 2605-38 as the subject line. Requests must be received by 11/30/19. Winners list will be sent after all winners have been verified.

  11. PERSONAL DATA: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at www.hbo.com/html/privacy-policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. Entrants also agree to all posted Terms of Use and Privacy Policy on any of the sites related to the Contest, including the Spark AR Studio Terms: https://sparkar.com/ar-studio/terms, and Instagram Privacy Policy: http://instagram.com/legal/privacy/.
© 2019 Home Box Office, Inc. All rights reserved. HBO®, Cinemax® and related channels and service marks are the property of Home Box Office, Inc.

By submitting this form, you also agree to the full


Facebook Spark AR Community Online Challenge
OFFICIAL RULES AND
PUBLICITY RELEASE
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.
(1) OVERVIEW:
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.
(2) ELIGIBILITY:
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:
(i) Create an original effect using Spark AR Studio software.
(ii) 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.
(iii) 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.
(iv) 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.
Sponsor is not responsible for any changes to any hosting service, Facebook (or any website or mobile application offered as part of Facebook or Instagram), or related functionality that may interfere with the Challenge or ability of a Participant to timely enter or otherwise participate. Your use of Facebook in this Challenge must comply with the Facebook Terms of Service, available at https://www.facebook.com/legal/terms. Any use of Instagram in this Challenge must comply with the Instagram Terms of Use, available at https://help.instgra.com/5810661655818070.
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.
(12) PRIVACY POLICY:
As described elsewhere in these Official Rules, Sponsor collects certain information from Participants, including personal information of individual Participants, for purposes of administering the Challenge and complying with applicable laws, regulations, and rules. By participating in the Challenge, Participant gives consent for Sponsor and its agents to use and provide such personal information (e.g., name, Instagram username, Facebook username, contact information), and other information and content provided by Participant in connection with the Challenge, to third parties for purposes of administering the Challenge and complying with applicable laws, regulations and rules. Sponsor may keep Participant and Challenge related information after completion of the Competition for business management and record keeping purposes. In addition, certain information about each Participant and each Participant's Project Submission, may be publicly visible on Facebook and elsewhere as posted or made available by Sponsor, and Sponsor may use such information to communicate with Participants about the Challenge status, or for advertising, trade, publicity, and promotional purposes according to the rights granted in these rules and other Challenge-related documents. By participating in the Challenge, each Participant agrees to any posted Terms of Use and Privacy Policy on any of the sites related to the Challenge and these Official Rules, including the Spark AR Studio Terms: https://sparkar.com/ar-studio/terms and Facebook Privacy Policy: https://www.facebook.com/about/privacy.
(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.