By using or otherwise accessing the Services, or clicking to accept or agree to these Terms where that option is made available, you
(1) accept and agree to these Terms and our additional campaign rules and gaming system; and
(3) any additional terms, rules and conditions of participation, in particular campaigns issued by Fanfare from time to time.
If you do not agree to the Terms, then you may not access or use the Content or Services. Fanfare may issue additional terms, rules and conditions related to the use of the App and to participation in particular campaigns available on the App. You agree to be subject to them if you participate in such contests.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms.
By using the Services and/or entering a contest, you are representing and warranting that:
- you are of 13 years of age or older;
- you are not an employee, operator or consultant of another video-sharing site when entering into any of Fanfare’s campaigns that awards prizes, rewards or credits;
- you do not have access to the Service’s pre-release non-public confidential data about campaign-related information.
If Fanfare determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Services. Fanfare may require you to provide proof that you are eligible to participate according to this section prior to receiving a reward, prize or credit. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section “Conditions of Registration” below). If Fanfare otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Fanfare may have in law or equity, Fanfare reserves the right to terminate your account, withhold or revoke the awarding of any rewards, prizes or credits associated with your account. In such a situation, Fanfare may pay out any withheld or revoked rewards, prizes or credits to the other entrants in the relevant campaign in a manner consistent with the reward or prize structure of the campaign, to be precisely determined by Fanfare in its sole discretion. Fanfare also reserves the right to withhold revoked rewards, prizes and credits to use in furtherance of its fraud prevention efforts. Fanfare employees may use the Services for the purpose of testing the user experience, but may not receive rewards, prizes or credits. Relatives of Fanfare employees with whom they share a household are not eligible to receive rewards, prizes or credits. Fanfare consultants or promoters of the Service may use the App and/or participate in the campaigns without such limitation, but only if:
- their arrangement with Fanfare does not permit them to have any access to non-public Service data or any other data not made available to all users on the Service and
- they do not receive any other advantages in their participation on the Service.
Business or brand owners or brand ambassadors may not participate in any Fanfare campaigns in the brand or brands with which they’re associated. Employees, technicians, their immediate family members and other individuals who through an ownership interest or brand-related employment can influence the campaign outcome are likewise ineligible.
CONDITIONS OF PARTICIPATION
In order to use the App and/or participate in a campaign within the Services, you must register for an account. By registering as a user of the Services, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Fanfare has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Fanfare may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event Fanfare determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Fanfare may have, Fanfare reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any rewards, prizes or credits.
You agree that the sole and specific purpose of creating an account on Fanfare is to use the App and participate in video campaigns on the Service.
Communications and Information Practices
Disqualification and Cancellation
Fanfare also reserves the right to cancel campaigns, in our sole discretion, without any restrictions.
If for any reason the Service is not running as originally planned (e.g., if the Service becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Fanfare corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Fanfare reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Service or Site.
The failure of Fanfare to comply with any provision of the Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Fanfare (excepting compliance with applicable codes and regulations) or other force major event will not be considered a breach of these Terms.
By using the App and/or entering a campaign, you consent to Fanfare’s and its service providers’ and business partners’ use of your name, voice, likeness, location photograph and videos posted in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected campaign and/or other Fanfare campaigns and Fanfare generally, unless otherwise prohibited by law. Fanfare and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the campaign. Entrants agree that Fanfare may announce any winner’s name on-air or online or on any of its websites or any other location at any time in connection with the marketing and promotion of Fanfare or other campaigns or activities or games operated by Fanfare. You agree that participation in and (where applicable) the winning of a reward or prize in connection with a campaign constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain campaigns may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
Winners are determined by the criteria stated in each campaign’s rules. For each campaign, winners are determined by who accumulates the most points on the Service. Points are accumulated through the calculation of all values (positive and negative) associated to the actions performed by a User during a specific period of time over the course of the campaign.
Fanfare offers video campaigns for multiple brands, taking place throughout the year.
Rewards, Prizes, Game Credits
After each campaign ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The participants in each campaign who accumulate the most points and comply with eligibility requirements and applicable rules will win rewards, prizes and/or credits as set out in the posted campaign details. In the event of a tie, the prize is divided evenly between the tied participants, or similar rewards or prizes of equal value are provided to the tied participants, unless otherwise specified.
Reward or prize calculations are based on the results as of the time when final stats are tabulated by Fanfare. Once winners are initially announced by Fanfare, we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Fanfare has no obligation to delay the awarding of a prize in anticipation of any adjustment.
No substitution or transfer of a reward or prize is permitted. All taxes associated with the receipt or use of any reward or prize is the sole responsibility of the winner. In the event that the awarding of any reward or prize to winners of the campaign is challenged by any legal authority, Fanfare reserves the right in its sole discretion to determine whether or not to award or adjust such rewards or prizes. In all disputes arising out of the determination of the winner of Fanfare campaigns, Fanfare is the sole judge and its actions are final and binding.
Winners are generally posted on the official Fanfare Facebook page after the conclusion of each campaign 12 PM CET on the following day. Winners may also be notified by email. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winners’ names for each campaign period may be obtained by writing to: firstname.lastname@example.org.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Fanfare. By way of example, and not as a limitation, you agree not to:
- abuse, harass, impersonate, intimidate or threaten other Fanfare users;
- post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Fanfare user;
- create or submit unwanted email (“Spam”) to other Fanfare users;
- infringe upon the intellectual property rights of Fanfare, its users, or any third party; submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
- use artificial means, including creating multiple user accounts, to inflate your position and standing with the Fanfare leader boards and community;
- advertise to, or solicit, any user to buy or sell any products or service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
- sell or otherwise transfer your profile;
- attempt to influence the outcome of any campaign on Fanfare in which you are involved or in which you have a direct or indirect interest.
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Fanfare, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Fanfare be liable in any way for any User Content.
You acknowledge that Fanfare may or may not pre-screen User Content, but that Fanfare and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Fanfare and its designees shall have the right to remove any User Content that violates the Terms or is otherwise objectionable in Fanfare’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content, you submit or otherwise make available on or to the Service, you grant Fanfare an unconditional, irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) in any way, and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Fanfare reserves the right, but has no obligation, to monitor disputes between you and other users.
You agree to release and to indemnify, defend and hold harmless Fanfare and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of the Terms, your receipt, ownership, use or misuse of any reward or prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Fanfare reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Fanfare in the defence of such matter.
You expressly understand and agree that your use of the Services is at your sole risk. The Services (including the Services and the Content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Fanfare has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Fanfare from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Fanfare makes no representations concerning any Content contained in or accessed through the Service, and Fanfare will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE APP, SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE APP, SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORISED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP, SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNISING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FANFARE NOR ITS SPONSORS, PARTNERS, CLIENTS, BRANDS, AMBASSADORS, SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF FANFARE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE APP, SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE APP, SITE OR SERVICE; UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FANFARE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO FANFARE FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE APP, SITE AND SERVICE, OR (B) USD$1,000.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
INTELLECTUAL PROPERTY RIGHTS
Fanfare and/or its licensors own all title, ownership and intellectual property rights in and to the Services. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Fanfare or applicable law, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display, reverse engineer or create derivative works based on the Services, in whole or in part.
Notice and procedure for making claims of copyright infringement
Fanfare may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Fanfare’s Copyright Agent a written Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Fanfare’s Copyright Agent can be reached in the following ways:
Mail: 9/F AMTEL BLDG, 148 DES VOEUX RD CENTRAL, CENTRAL, HONG KONG
To be valid, a Notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because Fanfare has no control over such sites, applications and resources, you acknowledge and agree that Fanfare is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fanfare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
TERMINATION AND SUSPENSION
Fanfare may terminate or suspend all or part of the Service and your Fanfare account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Fanfare account, you may contact us via the contact form with a note to say you wish to terminate your account.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); CAMPAIGN & GAME RULES; CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Fanfare regarding restoration of your account only via email@example.com.
Subject to your compliance with these Terms, Fanfare grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. Fanfare reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the Apple App Store and Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
These Terms (and any additional terms, rules and conditions of participation in particular Campaigns that Fanfare may post on the Service) constitute the entire agreement between you and Fanfare with respect to the Service and supersedes any prior agreements, oral or written, between you and Fanfare. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
Waiver and Severability of Terms
The failure of Fanfare to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.
This Service and the Terms and Conditions shall be governed in all respects by the laws of Hong Kong and the courts in Hong Kong shall have exclusive jurisdiction in respect of any dispute arising under these Terms and Conditions. Each entrant is fully responsible for ensuring that his/her participation in the Service is lawful in accordance with the laws of Hong Kong. None of the Specified Companies, their servants or agents make any representations, express or implied, in relation to any entrant’s participation in a Service.