O'Daddy Moment Competition 2016
Rules, Terms and Conditions
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Terms and Conditions for O’Daddy’s Father's Day Competition These rules are the terms and conditions (the “Terms and Conditions”) of the Father's Day Competition(the “Competition”). This Competition is sponsored by Parento Ltd., developer of the O’Daddy mobile application (“Parento”) on the Facebook and Twitter websites ( www.facebook.com and www.twitter.com, respectively). By entering the Competition you confirm your acceptance of these Terms and Conditions, as well as the Facebook and Twitter Terms of Service (available at https://www.facebook.com/policies/ and https://twitter.com/tos?lang=en, respectively) and Privacy Policies (available at https://www.facebook.com/privacy/explanation and https://twitter.com/privacy?lang=en, respectively) and any other instructions or directions available on O’Daddy’s Facebook Page at https://www.facebook.com/ODaddy.Me (“O’Daddy’s Facebook Page”) (collectively, the “Official Rules”). Prior to entering the Competition, please read the Official Rules carefully. By entering the Competition, you agree to the Official Rules. If you do not agree to the Official Rules, do not enter this Competition. Each entry to the Competition is referred to as a “Submission.” The Competition is not sponsored, endorsed or administered by, or associated with Facebook or Twitter. By making any Submission, you release Facebook and Twitter from all liability related to this Competition. Eligibility 1.The Competition is open only to (i) persons who are legal residents and are physically located and reside in a jurisdiction in which this type of competition is permitted, and (ii) who have reached the age of majority in their jurisdiction of residence at the time of Submission (“Entrant”). No payment or purchase is necessary to enter the Competition. Entrants must have an account with Facebook and/or Twitter, as applicable, in order to participate. Parento's employees, advertising and promotion agencies, distributors and other prize suppliers, directors, officers, and each of their immediate family members and/or those living in the same household of each are not eligible to enter the Competition. 2.Each Entrant is allowed to make unlimited Submissions, but each Submission must be a new Submission, distinguished from any other Submission entered prior thereto by any Entrant. Submission Period 3.Submissions shall be accepted from June 9, 2016 until 11:59pm on June 19, 2016 (the “Submission Period”). All times are Pacific Standard Time (PST). The Submission Period may be extended by Parento in its sole discretion. All Submissions must be received during this Submission Period to be eligible to participate in the Competition and potentially win a Prize (as defined in Section 20 below). Submission Process 4.To enter the Competition for a chance to win a Prize, each Entrant must (i) Like O’Daddy’s Facebook Page or follow @ODaddyMe on Twitter; (ii) post to O’Daddy’s Facebook webpage or on the Entrant’s Twitter account a text and/or picture and/or video representing a cherished moment the Entrant shared with his father (the “Post”); and (iii) add the #ODaddyMoment hashtag to the Post. In addition, the Post must be made public. Valid Submission must be submitted during the Submission Period and remain publically viewable and accessible by Parento at least throughout the Submission Period and until a winner is announced. Submissions will be deemed made by the authorized holder of the Facebook or Twitter user account submitting the Submission, at the time of submission. In the event of a dispute, the potential winner may be required to provide proof that he or she is the authorized holder of the identified account. Parento may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. 5.Entrants that have not accepted the Official Rules shall not be eligible for any Prizes. Posts that do not comply with the Official Rules shall not constitute valid Submissions. Submission Material 6.All Submissions must adhere to the following requirements: (i) the Submission must be an original, previously unpublished work that does not contain or use any content, material or element that is owned by a third party or entity. The Submission cannot contain any content, element, or material that violates a third party’s publicity, privacy, moral or intellectual property rights. By submitting any Post, each Entrant represents and warrants that he or she has all rights (including all intellectual property and moral rights) necessary to submit such Post to the Competition and to grant Parento rights in such Post as set forth below, (ii) in the event that there are multiple participants in Entrant's Submission, Entrant must, in the reasonable opinion of Parento, clearly identify the Entrant, (iii) the Posts must not contain content that: (a) is sexually explicit, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, (b) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing) or a particular political agenda, (c) is obscene or offensive, (d) defames, misrepresents or contains disparaging remarks about other people or companies, (e) contains trademarks, logos, designs or trade dress owned by others, (f) violates the rights of any other person or entity by using their names or images, or featuring or referring to any recognizable person, without such person’s informed consent thereto, (g) contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), (h) displays any third party advertising, slogan, logo, and trademark or otherwise indicates a sponsorship or endorsement by a third party or commercial entity, and/or (i) violates any law or any legal terms applicable to such Submission, including the Terms of Service and Privacy Policies of Facebook and/or Twitter, as applicable. 7.Parento may disqualify any Post or Submission that does not, in its sole discretion, satisfy the foregoing requirements. Parento shall have no obligation to justify or explain the disqualification of any Post or Submission. Parento may remove and/or delete any Post or Submission that does not comply with the Official Rules to its satisfaction without providing any notice. Use of Submissions by Parento 8.By submitting Submissions in the Competition according to the Official Rules, each Entrant grants Parento an irrevocable, perpetual, royalty-free, transferrable, sublicensable, worldwide license for a two (2) year period to download, present, reproduce, distribute and display the Submissions that are participating in the Competition and any other communications or comments posted with respect thereto, including on its website, mobile application and/or any other website, blog, social media or any other publishing channel and to create derivative works of such Submission in connection with the promotion of Parento and/or its services, at Parento’s sole discretion. 9.Without derogating from the foregoing, by submitting a Submission, each Entrant grants Parento the unrestricted right to use all statements made in connection with the Competition, including the Entrant's public profile information provided in his Facebook and/or Twitter accounts, including name, profile picture, age, sex and the like. 10.In addition, Entrants consent to Parento doing or omitting to do any act that may result in infringing or violating the Entrants' moral rights in their Submissions, and hereby explicitly and irrevocably waive any claim they may have, now or in the future, with respect to such moral rights (if any). For the avoidance of doubt, Parento will not be required to pay any additional consideration or seek any additional approval in connection with such use. 11.Upon Parento’s request, each Entrant must be prepared to provide (within seven (7) calendar days of receipt of Parento’s request) a signed release from all persons who appear, and/or owner of any property included, in the Submission submitted (if any), and/or from the owner of any material that appears in the Submission, authorizing Parento to reproduce, distribute, display, and create derivative works of the Submission (or part thereof) as provided above. All releases must be in the form provided by Parento or satisfactory to Parento. Failure to provide such releases upon request may result in disqualification at any time during the Competition and, if such Entrant was declared Winner by Parento, selection of an alternate Winner. Intellectual Property 12.The Competition, the Official Rules, Parento Facebook and Twitter accounts and all related pages, logos, content and code are the property of Parento or certain third parties. The copying or use of any of those materials, associated trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited. Selection of the Winner 13.Following the Submission Period, Parento shall select one Entrant as a winner (the “Winner”) in its sole discretion, which may be based on the quality and publicity of the Submission. Among other criteria, Submissions may be measured according to (i) the social engagement with the Entrant’s Post; (ii) creativity, humor, emotional appeal, and originality; (iii) relevance of the Post to the values that Parento and O’Daddy mobile application is promoting. 14.Parento has complete discretion over interpretation of the Official Rules and administration of the Competition. Any decision of Parento regarding the selection of any Winner is final. Parento will not consider any appeals subsequent to the selection of a Winner. 15.Parento currently expects that the Winner will be announced on June 20, 2016. However, Parento may extend the Submission Period in its sole discretion. Any extension of the Submission Period will be made public on O’Daddy Facebook Page and Twitter Account. 16.The Winner will be announced on any media and platform Parento deems fit in its sole discretion and Parento shall notify the Winner through their Facebook or Twitter accounts. 17.In the event that a Winner has not acknowledged his Prize within 7 days following Parento's announcement, Parento reserves the right in its sole discretion to select another Winner or to forfeit the Prize(s). 18.Parento reserves the right to select an alternative Winner in the event that Parento has reasonable grounds for believing that any selected Winner has contravened any of the Official Rules. 19.A potential Winner may be required to submit an affidavit of eligibility / release of liability / Prize acceptance agreement, and return same within the time period specified at notification before being eligible to receive his or her Prize. If any of the potential Winner fails to timely submit any of the foregoing, their Submissions may be disqualified. Prizes https://odaddy.me/en/important-documents/privacy-po... and Terms of Service available at https://odaddy.me/en/important-documents/terms-of-u... and to the terms set forth herein. By entering this Competition, you understand that Parento, its third party advertising or promotion agencies may use your personal information (including social accounts and e-mail address) for administration of the Competition, the fulfillment of Prize, for marketing purposes and to provide you with information about Parento’s programs, products, services and special offers. You expressly consent to the use of your information by Parento and its advertising or promotion agencies for such purposes. Release 25.By participating in the Competition, Entrant agrees to release Parento and any of its affiliates, agents, distributors, licensors, licensees, representatives, attorneys, Prize providers, advertising and promotion agencies, and each of their directors, officers, employees, agents, successors and assigns, as well as Facebook and Twitter (collectively, the “Released Parties”) from any claims, liability, costs, losses, damages or injuries of any kind arising out of or related to his or her participation in the Competition, including with respect to any deletion or failure to store any Submission and other communications related to the Competition. Entrant agrees that the Released Parties (i) have neither made nor will be responsible for any warranty, express or implied, in connection with the Competition (including Prizes), and (b) will not be responsible or liable for any injury, damage or loss that may be caused by the wrongful act of any other person or entity, including Entrants, and by any cause whatsoever beyond the control of the Released Parties. Force Majeure 26.If Parento is prevented from continuing with the Competition by any event or cause beyond its control, including but not limited to disabling of its social account or accounts, DDoS attacks, bot/script attacks, or heavy volume use that crashes or severely hinders access to the Competition (each, a “Force Majeure” event or occurrence), Parento shall have the right to modify, suspend or terminate the Competition. Limitation of Liability 27.BY ENTERING THE Competition, entrant AGREEs THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY US DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE, (2) UNDER NO CIRCUMSTANCES WILL he or she BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, AND (3) he or she IRREVOCABLY WAIVEs ANY RIGHT TO SEEK EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO entrant. General 28.Parento shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise, preventing entry to the Competition. 29.Parento may amend the Official Rules at any time in its sole discretion by posting an amended version thereof. 30.In the event that any provision of the Official Rules is determined to be unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision was not contained herein. 31.Parento’s failure to enforce any term of these Official Rules will not constitute a waiver. 32.Entrants shall defend, indemnify and hold harmless Parento and its affiliates, employees, officers, directors, licensors, licensees, successors and assigns from any claim, damage, loss liability, expense or cost (including legal fees and court costs) connected to or arising from any violation of the Official Rules. 33.Parento and its affiliates, agents, and representatives are not responsible for any typographical or other errors in the administration of the Competition, including, but not limited to, errors in any printing or posting of these Official Rules, the selection and announcement of any Winner, or the distribution of any Prize. 34.In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Competition-related materials, Privacy Policy or Terms of Service (including but not limited to Parento's Terms of Service and Privacy Policy) and the terms and conditions of the Official Rules, the Official Rules shall prevail. 35.These Official Rules shall be governed by and construed in accordance with the laws of Israel and the courts of Tel-Aviv, Israel shall have exclusive jurisdiction in relation to any disputes arising in respect of the Competition or the Official Rules. |