The 2017 FbStart Apps of the Year Contest Official Rules
THIS IS A CLOSED PROMOTION. OPEN BY INVITATION ONLY TO DEVELOPERS IN THE FBSTART PROGRAM, WHO ARE IN GOOD STANDING IN FACEBOOK’S SOLE DISCRETION. MUST ALREADY BE IN THE FBSTART PROGRAM OR APPLY TO BE IN THE FBSTART PROGRAM NO LATER THAN APRIL 15, 2017 AND BE ACCEPTED INTO THE PROGRAM TO BE ELIGIBLE. NOT OPEN TO THE GENERAL PUBLIC.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
WINNERS AND FINALISTS WILL BE REQUIRED TO RESPOND TO COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN FIVE (5) DAYS OR OTHER SPECIFIED TIMEFRAME AS STATED IN THE COMMUNICATION FROM SPONSOR OR PARTICIPATION AND PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION), AND AGREE TO PARTICIPATE IN CERTAIN ASPECTS OF A DOCUMENTARY TO BE MADE BY SPONSOR AS MORE FULLY DESCRIBED BELOW.
A VALID FACEBOOK ACCOUNT AND INTERNET ACCESS ARE REQUIRED FOR ENTRY.
BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The 2017 FbStart Apps of the Year (“Contest”), sponsored by Facebook Inc. (“Sponsor”), is conducted in two stages. Eligible individuals or teams who are in good standing in the FbStart Program may participate in the Contest by developing an Application (defined below in the “How to Enter” section), and submitting related materials representing the Application between March 30, 2017 at 12:00:00 pm Pacific Time ("PT") and May 1, 2017 at 12:00:00 pm PT (the “Open Entry Period”). Then, selected and verified Finalists can update and must submit the updated Application, as well as additional content, during a timeframe to be determined by Sponsor between May 31, 2017 and July 1, 2017 (the “Finalist Entry Period”) as more fully described below. The Finalist Entry Period and the Open Entry Period will be referred to collectively as the “Contest Period”.
ELIGIBILITY This Contest is open only to teams (consisting of two or more individuals) or individuals, who are in the FbStart program or who have applied to be in the FbStart program no later than April 15, 2017 and are accepted into the program in Sponsor’s sole discretion, and each of whom must be at least the age of majority in their jurisdiction of residence on the first date of participation in this Contest. To be eligible, the Application must be submitted to Sponsor during the Open Entry Period and in accordance with the procedure described below. You are not eligible to participate in this Program if you are a national or legal resident of those countries in which the United States has embargoed goods (including, without limitation, Cuba, North Korea, Iran, and Syria). Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in their same household whether related or not) of Sponsor, Sponsor’s corporate partners, or its divisions, subsidiaries, affiliates, successors in interest, or advertising, promotion and public relations agencies (collectively, with the Sponsor, the “Contest Entities” and each a “Contest Entity”) are not eligible to participate in the Contest in any way. For purposes of this Contest, “family members” are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Sponsor reserves the right to require documentation from any Participant (defined below), including, without limitation, financial documents, a sworn statement, a government-issued identification with photograph or other documents, to verify eligibility, otherwise Participant may be disqualified. Participation in this Contest constitutes Participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
HOW TO ENTER Only eligible individuals or teams (see “Eligibility” section above for eligibility requirements) may compete in this Contest (each person, an “Eligible Individual”). This is a two-stage Contest. To compete in the Contest, the Eligible Individual must visit the Contest registration website (“Registration Site”) and follow the onscreen links and instructions to submit the required registration information during the Open Entry Period, including, without limitation, his or her (or each team member’s) full name, email address, and information about the Application (collectively “Registration Information”). Only the Eligible Individual may register to participate in the Contest and must register on behalf of himself or herself as an individual competitor or his or her team (collectively, the competing individuals, teams, and team members are referred to as “Participants” and each, a “Participant”). Attempted registration by others will be rejected or disqualified.
To compete in the Contest, Participants must develop an application that integrates with Facebook Platform (via Facebook iOS or Android SDKs, or Facbook APIs) (an “Application”). An Application can integrate with a device and present information in a native mobile iOS or Android app or an Application can simply be installed on a device (if such a scenario is supported by the device).
If requested, each Participant must respond to questions, provide access to his/her/their Application, and otherwise provide information and respond to requests by Sponsor’s representatives and the Judges, or the Participant will be disqualified from the Contest and forfeit the prize, if applicable.
The Application and Registration Information (including any videos submitted, such as the Pitch Video, as defined below) are collectively referred to as “Participant Content.” All Participant Content must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Official Rules.
Each Participant should review all personal information entered for accuracy purposes and make all corrections necessary to inaccurate data before submitting his/her Registration Information or providing his/her/its Application. Registration Information must be submitted and received by Sponsor during the Open Entry Period (and for Finalist Entries, during the Finalist Entry Period) through the Registration Site and all participation must be in strict accordance with the instructions and restrictions on the Registration Site and in these Official Rules. The Registration Site’s database clock will be the official timekeeper for this Contest. For purposes of this Contest, only Registration Information that is actually received and recorded through the Registration Site on the related servers during the Open Entry Period (and for Finalist Entries, during the Finalist Entry Period) will be considered. Other proof of submitting or attempting to submit an entry (such as, without limitation, a printed, saved, or copied automated receipt confirming entry or a “thanks for entering” screen or message) does not constitute proof of actual receipt of the entry for purposes of this Contest.
Only one (1) Application per Participant will be eligible for judging. Those who do not abide by these Official Rules, the instructions of Sponsor, and the Registration Site, and provide all required information will be disqualified in Sponsor’s sole discretion. Information submitted or participation may not be acknowledged and materials may not be returned. Information or participation that is forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Information submitted or participation by any other individual, entity, or group, or originating at any web site other than as set forth specifically above, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Contest. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each Participant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. Sponsor may keep all information submitted for up to five (5) years after completion of the Contest for business management and record keeping purposes. SUBMITTED INFORMATION MAY NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR PARTICIPANT CONTENT. ANY PARTICIPATION THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR’S SOLE DISCRETION.
SUBMISSION REQUIREMENTS All Applications and Participant Content (e.g., videos submitted, and written answers to Sponsor-provided questions in the entry process) provided by a Participant must meet all of the following requirements in Sponsor’s sole discretion or the associated entry will be disqualified:
* All Participant Content must be in English. * Each Application may be submitted for entry in the Contest only once. * Participant must have all necessary permissions and rights to submit the Application in this Contest and agrees to provide Sponsor with written confirmation of those permissions and rights promptly upon request. * If the Participant Content or any element of the Participant Content is the subject of complaint by a third party or violates the Facebook Platform Policies, the related entry or any aspect of it may be disqualified and removed. * If Participant Content identifies any person or third party other than Participant, Sponsor, and companies identified by Sponsor, Participant must have all necessary permissions and rights from the individual identified (and his/her parent or legal guardian, if a minor) and agrees to provide Sponsor with written confirmation of those permissions and rights promptly upon request. * The Participant Content may NOT create or imply any association between Sponsor and any individual, entity, or anyone else or his, her, or its products or services. * Other than Participant and Sponsor, and companies identified by Sponsor, Participant Content must NOT identify, reference, or depict any other company or its brands, products, or services. * Other than Participant's own or licensed property or the names, marks and logos of companies identified by Sponsor, Participant Content must NOT contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork. * All aspects of the Participant Content must be originally created by and solely owned by or licensed to the Participant (alone or together with team members identified at the time of initial entry) or be in the public domain. All third party content and content unoriginal to the Participant (alone or together with team members identified at the time of initial entry) that is not in the public domain is prohibited. * Participant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, including moral rights, patent, trademark, trade secret, or right of privacy or publicity. * The Application must not have been submitted in any other contest or competition. * Participant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Contest Entity, or any third party. * Participant 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. * The Participant Content must be suitable for presentation in a public forum. * The Participant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor's or any other products or services.
Each Participant is solely responsible for ensuring that its Application complies with all applicable laws, rules, regulations, industry and self-regulatory guidelines, and third party terms of service, and agrees to indemnify and hold Sponsor harmless for any and all related third party claims, losses, liabilities, expenses, fines, or judgments whatsoever.
Each Participant agrees that his/her participation in the Contest and agreement to these Official Rules and any Contest Entity’s display or use of the Participant Content will not violate any agreement to which Participant is a signatory or party.
Each Participant agrees to indemnify, defend, and hold harmless the Released Parties (defined below) against any and all claims losses, liabilities, expenses, fines, or judgments whatsoever from any third party for any use or reuse of any nature by any Contest Entity of the Participant Content. Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from displaying or publishing any entry or Participant Content that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Contest Entity, the Contest, or any other person or entity or does not comply with these Submission Requirements or other aspects of these Official Rules.
LICENSE As a condition of entering, except where prohibited by law, each Participant (including each team member) grants to the Contest Entities and their agents, successors, and assigns (collectively, the “Licensed Parties”) the irrevocable, sublicensable, absolute right and permission in perpetuity 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 Participant Content, and the Participant Content themselves (collectively, “Licensed Content”), 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.
In addition, as a condition of entering, except where prohibited by law, each natural person agreeing to these Official Rules (including each Eligible Individual) grants the Contest Entities the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Contest Entities’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, 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 Contest Entities 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.
Each Participant agrees that the licensed entities may, but are not required to, attribute the Licensed Content to a Participant. Each Participant waives and releases the Released Parties (defined below) from any and all claims that Participant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of Licensed Content without further notification or compensation to Participants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of Participant’s rights (including MORAL RIGHTS) therein.
Each Participant acknowledges and agrees that nothing in these Official Rules will require a Contest Entity to use the Licensed Content in part or in whole or to include the Licensed Content in any Contest Entity-related property, including, without limitation, any Contest Entities’ web site or any other online or offline property. Each Participant hereby acknowledges and agrees that the relationship between the Participant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the Participant’s decision to submit his/her Licensed Content for purposes of the Contest 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 Licensed Content, other than as set forth in these Official Rules. Each Participant understands and acknowledges that Sponsor has wide access to ideas, essays, and other literary materials. Each Participant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her Licensed Content and/or each other in idea, components, format, or other respects. Each Participant acknowledges and agrees that such Participant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. 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 copyright in and to his/her Licensed Content. Each Participant acknowledges that, with respect to any claim by Participant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Licensed Content or other material submitted in connection with the Contest, 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 Sponsor property or production, 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.
Each Participant agrees, as a condition of entry, to read, sign, and agree to written or electronic documents ratifying and confirming the rights granted in these Official Rules when and as requested by Sponsor.
JUDGING AND WINNER SELECTION The Application will be judged by a panel of judges chosen in Sponsor’s sole discretion (the "Judges”), based on the overall merit of the Application and the following criteria (collectively, the “Criteria”): Potential growth and engagement (25%); User experience and design (25%); Efficiency at scale for app development and iteration (25%); and Extent to which the app leverages the Facebook platform and developer products (25%). In addition, each Application will also be judged and scored from the perspective of its potential or actual positive impact on society (“Social Good Criterion”) for purposes of competing for the Social Good App of the Year prize package.
Judging of Applications received during the Open Entry Period will take place in mid to late May 2017.
Selection of Finalist Entries: **The twenty eligible entries with the highest scores according to the Criteria will be deemed “Finalists Entries**” subject to verification and compliance with any and all of Sponsor’s requirements. Each of the Finalist Entries will advance to Finalist Judging Phase as defined and described below. In the event of a tie, winner will be selected by the Judges, in their sole discretion based on the overall merit of the Application. Finalist Entries, subject to verification, will receive the Finalist Prize as described in the Prize and Approximate Retail Value section below.
Sponsor reserves the right to contact Participants for verification purposes and administration of the Contest at any time.
**The Finalist Entry Period and Judging Phase: Twenty **Finalist Entries (each is a “Finalist” and collectively they are “Finalists”) will receive the Finalist Entry Prize as defined and described in the "Prizes and Approximate Retail Value" section below. The Finalists may use the Pitch Coaching to improve, change, and/or adapt their respective Applications and resubmit the Applications in accordance with Sponsor’s instructions on the Website during the Finalist Entry Period, which will include submitting a video of a length of between 60 and 90 seconds which will be a pitch for their Application ("Pitch Video"). All Finalist Entries will be judged by the same panel of Judges, in accordance with the same Criteria as indicated above. If a Judge is unwilling or unable to participate in the Finalist Judging Phase then Sponsor will replace such Judge with a new Judge of Sponsor’s choosing, or (in Sponsor’s sole discretion) proceed with fewer Judges.
* The Finalist Entry with the highest score from among all of the Finalist Entries will win the FBStart App of the Year prize package. * The Finalist Entry with the highest score highest score for each of the EMEA, North America/Latin America, and APAC regions will win their respective prizes for App of the Year prize package. * The Finalist Entry with the highest score in the Social Good Criterion will win the Social Good App of the Year prize package.
All Prizes are described in the "Prizes and Approximate Retail Value" section below. Any ties will be settled in accordance with the same procedures as the selection of Finalist Entries.
All Judges’ decisions are final and binding in all matters relating to this Contest. Final Grand Prize winners will be notified on or before July 12, 2017, in Sponsor’s sole discretion.
If any prize, prize notification or Contest-related communication is rejected, faulty, or returned as undeliverable, if the Participant does not respond according to the notification’s or Sponsor’s instructions, if the Participant cannot participate in any portion of the Contest, if the Participant fails to comply with these Official Rules, or if a Participant cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion) or does not respond according to the notification’s or Sponsor’s instructions, that Participant may be disqualified and an alternate Participant may be selected using the original selection process (time permitting). Participants acknowledge that other Participants may have created ideas and concepts contained in their Participant Content that may have familiarities or similarities to his/her Participant Content, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities.
FINALIST AND WINNER REQUIREMENTS: As a condition of entering the Contest, all Finalists, winning individuals, and each member of the winning team agree to read, complete, sign, have notarized (if applicable) and return required documentation, which may include an affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law), without alteration, within the time frame specified and if required by Sponsor in its sole discretion (which may require providing his or her Social Security Number and/or government-issued identification number and/or copy thereof for tax purposes), or Participant may be disqualified and forfeit the prize and further participation in the Contest. The affidavit of eligibility and liability/publicity release (unless prohibited by law) are subject to verification by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate Finalist or winner, if any. Upon a Participant’s disqualification or forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that Participant. NOTE: Finalists, winning individuals, and winning team members agree as a condition of participating in the Contest to participate in certain elements of a documentary that Sponsor may choose to make, which may include, without limitation excerpts or the entirety of any or all Finalist Pitch Videos, interviews with the Finalists/winners, footage from the on-campus judging event, and on-camera commentary from the judges, among other things, to demonstrate the impact Facebook has made on their business.
PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):
Grand Prize Packages: The Participant with the highest score in their respective categories (as described in The Finalist Entry Period and Judging Phase subsection above), subject to verification, will receive the following prize packages:
**• FbStart App of the Year: ** - (1) Cash prize in the amount of Fifty Thousand US Dollars (US$50,000.00), and - (2) Facebook ad credit in the amount of Fifty Thousand US Dollars (US $50,000.00). Total ARV of the prize package: US$100,000.00
**• EMEA App of the Year: ** - (1) Cash prize in the amount of Seven Thousand Five Hundred US Dollars (US$7,500.00), and - (2) Facebook ad credit in the amount of Seven Thousand Five Hundred US Dollars (US $7,500.00). Total ARV of the prize package: US$15,000.00
• North America/Latin America App of the Year: - (1) Cash prize in the amount of Seven Thousand Five Hundred US Dollars (US$7,500.00), and - (2) Facebook ad credit in the amount of Seven Thousand Five Hundred US Dollars (US $7,500.00). Total ARV of the prize package: US$15,000.00
• APAC App of the Year: - (1) Cash prize in the amount of Seven Thousand Five Hundred US Dollars (US$7,500.00), and - (2) Facebook ad credit in the amount of Seven Thousand Five Hundred US Dollars (US $7,500.00). Total ARV of the prize: US$15,000.00
**• Social Good App of the Year: ** - (1) Cash prize in the amount of Seven Thousand Five Hundred US Dollars (US$7,500.00), and - (2) Facebook ad credit in the amount of Seven Thousand Five Hundred US Dollars (US $7,500.00). Total ARV of the prize: US$15,000.00 Total ARV for all of the Prizes is: US$160,000.
Prize details are subject to change and details not specified in this section will be determined in Sponsor’s sole discretion. Sponsor will only award one (1) prize package even if the winner is a team, in which case the team members are responsible for dividing up the prize elements between members if they desire to do so, and Sponsor will have no related responsibility or liability.
Prizes, if legitimately claimed, will be awarded. Prize details not specifically stated in these Official Rules will be determined in Sponsor’s sole discretion. All federal, state, and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of each winner. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded.
LIMITATION OF LIABILITY EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE CONTEST ENTITIES AND THE RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR CONTEST-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE 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 PRIZE, 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 JURISDICTION ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. 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.”
ADDITIONAL DISCLAIMERS 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 by or information that is submitted by illegitimate means (such as, without limitation, by an automated computer program) or in excess of the stated limit; any lost, late, incomplete, illegible, mutilated, or misdirected submissions, e-mail, mail, or Contest-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, in any Contest-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 information. Released Parties 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 Participant’s e-mail account to receive e-mail messages. Released Parties are not responsible, and may disqualify any Participant, if his or her e-mail address, telephone, or other contact information does not work or is changed without Participant giving prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any Participant or any person claiming through such Participant for failure to supply any prize or any part thereof in the event that any of the Contest activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state, or local government authority, or any other cause, whether or not specifically mentioned above.
By entering the Contest (except where prohibited by law), each Participant (alone or as a participating organization on behalf of each of its team members) grants the Contest Entities the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her 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 him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each Participant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and Participant waives any right to inspect or approve any such use.
GENERAL RULES 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 within these Official Rules. Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules and awarding of the prize. All Participants, as a condition of participating, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from using the Contest. Sponsor reserves the right to restrict or void online participation from any IP address if any suspicious participation is detected. Sponsor reserves the right, in its sole discretion, to void participation by any Participants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. Sponsor’s failure to 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 Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Participants waive any right to claim ambiguity in the Contest 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, threaten or harass any other person or Participant, Sponsor reserves the right to disqualify that Participant, even if the disqualified Participant may have been notified, displayed, or announced as a winner anywhere. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and judge only (and award the prize from) eligible participation prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any Participant supplies false information, participates by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that Participant and seek damages from him or her and that Participant may be prosecuted to the fullest extent of the law. Participant may be required to provide Sponsor with proof related to eligibility, including proof that he/she is the registered account holder of the e-mail address submitted initially with the other Registration Information. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES 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.
DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in this Contest, each Participant agrees that any and all disputes that cannot be resolved between the Participant and any Contest Entity, claims and causes of action arising out of or connected with this Contest, or the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a Participant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-pocket expenses (if any), not to exceed ten U.S. dollars ($10 USD), and Participant further waives all rights to have damages multiplied or increased.
This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, USA, without reference to its conflicts of law principles. Any legal actions, suits or proceedings related to this Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in San Mateo County, California, USA and each Participant accepts and submits to the personal jurisdiction of these Illinois courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.
WINNER’S LIST/OFFICIAL RULES To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Contest Period: Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, Attn: Kunbi Adeyemo. For a copy of these Official Rules during the Contest Period, visit https://developers.facebook.com/docs/fb-start/fbstart-awards-official-rules. or send a self-addressed stamped envelope to the following address for receipt during the Contest Period: Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, Attn: Kunbi Adeyemo. Only one (1) request of either type per outer envelope will be fulfilled. Residents of Vermont may omit return postage for rules requests.
THE SPONSOR OF THIS CONTEST IS: Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025.