BY SUBMITTING AN APPLICATION TO BE CONSIDERED FOR THIS PROGRAM, PARTICIPANT AGREES TO THESE OFFICIAL RULES (“OFFICIAL RULES”), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM THE ENTRANT (I.E., A REQUIREMENT THAT THE ENTRANT DEFEND AND/OR REIMBURSE SPONSOR FROM/FOR CERTAIN LOSSES) AND A LIMITATION OF ENTRANT’S RIGHTS AND REMEDIES.
1. OVERVIEW/TIMING: The Oculus Launch Pad Scholarship Contest (“Program”) is sponsored by Oculus VR, LLC (“Sponsor”). The Program begins at 9:00:00 AM Pacific Time (“PT”) on April 14, 2017, and ends with the announcement of the Winners (defined below) on or about October 1, 2017 (“Program Period”). The Program Period is subject to extension or modification, as determined by Sponsor in its sole discretion. In the event that Sponsor elects to extend or otherwise modify the Program Period, it will post updated information regarding the revised Program Period deadlines on the Program website, available at https://www.oculus.com/launchpad/legal/rules/ (the “Program Site”). During the Program Period, first individuals will need to submit an application (the “Application”) to be considered to attend Bootcamp. The Application entry period will be begin on or about 9:00:00 AM PT on April 14, 2017 and all Applications must be received by Sponsor on the Program Site on or before 11:59:59 PM PT on April 30, 2017 (“Application Submission Period”), unless extended by Sponsor. After a selected Participant (defined below) attends Bootcamp, Participants will be required to further develop their ideas for the development of VR content and then between the end of Bootcamp and 05:59:59 PM PT on August 20, 2017 (“Content Submission Period”), each Participant must follow Sponsor’s instructions (as may be emailed to participant or posted on the Program Site) to provide VR content for Gear VR, responses to the required questions, and all other required information (collectively with the Application, the “Content”) in order to compete for a Scholarship Prize (defined below) in this Program.
2. ELIGIBILITY: For the purposes of this Program, the “Territory” means the fifty (50) United States and the District of Columbia. This Program is open only to individuals (not teams) who are legal residents (or maintain a valid and current U.S. Visa) and physically located in the Territory and at least the age of majority in his or her jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi). Employees, officers, directors, members, managers, agents and representatives of Sponsor, its parent and subsidiary companies, and each of their respective affiliates, divisions, franchisees, representatives, consultants, sub-contractors, suppliers, distributors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies (collectively, the “Released Parties”), and members of their immediate families (defined for these purposes as including spouse, partner, parents, legal guardians, children, and siblings and each of their respective spouses) and individuals living in the same household as such individuals, are not eligible. Participant must not be under any legal or contractual obligation that would prohibit its participation in this Program as described in these Official Rules. If participating in this Program would result in a violation by Participant of any law applicable to it or any agreement to which it is a party, such Participant is ineligible to participate. Participation in this Program constitutes Participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding in all matters.
3. PROGRAM DATES: During the Program Period, there are a series of related deadlines and events which start and end on or about the dates noted below:
APPLICATION SUBMISSION PERIOD:
09:00:00 AM PT on April 14, 2017
11:59:59 PM PT on April 30, 2017
APPLICATION JUDGING PERIOD (the “Application Judging Period”):
May 1, 2017 – May 9, 2017
UP TO ONE HUNDRED (100) INVITATIONS TO ATTEND BOOTCAMP ANNOUNCED:
On or around May 10, 2017
June 10, 2017
June 11, 2017
CONTENT SUBMISSION PERIOD:
Close of Bootcamp
05:59:59 PM PT on August 20, 2017
JUDGING OF CONTENT BY SPONSOR-SELECTED JUDGES (“Content Judging Period”):
August 21, 2017
September 13, 2017
SCHOLARSHIP WINNERS ANNOUNCED:
On or around October 1, 2017
All dates are subject to change/extension, in Sponsor’s sole and absolute discretion.
4. HOW TO SUBMIT AN APPLICATION: To be considered to participate in the Program, during the Application Submission Period, you may visit the Program Site or otherwise follow the call to action provided in any advertising for the Program. The Program Site will contain a description of the Program and the official Application. Each individual will be asked to submit an official Application through the Program Site, which may request from individual, among other things, his/her full name, home address (no P.O. Boxes), e-mail address, date of birth, LinkedIn profile or portfolio website and related registration information, as prompted, as well as answer specific questions about your experience in the VR industry. For example, the Application require entrants to provide answers to the following questions: (i) a written narrative of no more than 1,200 characters on what perspective you bring to the games/VR industry; (ii) a written narrative of no more than 1,200 characters about how do you plan to leverage your passion to impact the VR industry; and (iii) written narrative of no more than 1,200 characters on how you think VR will enhance our daily lives. Individuals must complete and submit the Application with all required information to the Program Site for the Application to be eligible.
5. SELECTION OF BOOTCAMP PARTICIPANTS: During the Application Judging Period (see chart above for details), eligible Applications will be judged by a panel of judges chosen in Sponsor’s sole discretion (the “Judges”), based on the following criteria and according to the percentage weights indicated: (i) Passion for VR (35%); (ii) Diversity of Thought in the VR Industry (35%); and (iii) Technical Experience (30%): (“Application Judging Criteria”). Based on the total score the Judges assign to each Application using the Application Judging Criteria, up to one hundred (100) Applications will be selected as the potential invitees to attend Bootcamp (selected and confirmed Bootcamp attendees are referred to as “Participants”). In the event of a tie in the selection of a Participant, the tie will be broken by naming as the Participant the entry with the higher score on the “Passion for VR” Criterion. All decisions by Judges, including interpretation of these Official Rules and related documents, are within the sole and absolute discretion of Sponsor and are final. Further details regarding the Bootcamp Event will be posted on the Program Site and provided to Participants as it gets closer to the event. Sponsor reserves the right to contact Participants for verification purposes and administration of the Program. All Judges’ decisions are final and binding in all matters relating to this Program. Those Participants who have been selected as a Participant will be notified on or around May 10, 2017 by email, phone, or using other contact information provided for entry in Sponsor’s sole discretion. Sponsor reserves the right to modify the notification procedures and applicable deadlines for responding in connection with the selection of any alternate potential winner, if any. If a Prize (defined below) is legitimately claimed, it will be awarded. Upon Prize forfeiture or inability to use a Prize or portion thereof, no compensation will be given and Sponsor will have no responsibility or liability to that Participant.
As a condition of being awarded the Prize, each Participant may be required, 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 “Participant Documents”) according to Sponsor’s instructions within five (5) days from when Sponsor sends the Participant Documents or other time frame as specified by Sponsor or its representative. 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 Program and forfeiture of any prize potentially won. The Participant Documents, if required, are each subject to verification by Sponsor and may require the participant to provide his or her Social Security Number and/or a copy of government-issued identification card or number therefrom. Federal IRS 1099-MISC forms may be issued as appropriate in Sponsor’s sole discretion. Decisions of the Sponsor are final on all matters relating to the Program, including interpretation of these Official Rules, determining the Participants, and awarding of the Prizes.
6. BOOTCAMP PARTICIPANT PRIZES: Sponsor will be awarding each Participant with one (1) “Prize” consisting of: (i) a Visa prepaid cash card issued in the amount of $1,200 USD that Participant must use towards the purchase of an airline ticket and hotel accommodations in connection with their visit to Menlo Park, California to attend Bootcamp beginning on June 10, 2017 and ending on June 11, 2017; and (ii) Gear VR, with an approximate retail value (“ARV”) of $1,900 USD.
The Visa prepaid cash card is subject to issuer’s terms and conditions applicable thereto. It is the sole responsibility of Prize winner to book their own airline tickets and hotel accommodations using the proceeds of the Visa cash card for him/herself. It is the responsibility of the Prize winner to provide proper documentation (including government issued picture identification). All travel must be completed on dates to ensure that Participant is able to attend the Bootcamp. The Prize winners will not receive cash or any other form of compensation if actual travel costs are more than the prepaid cash card will cover. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, Prize providers or any other persons providing any Prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information to be provided to the Prize winner at the time of Prize notification. Prize winner is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The Prize winner may be required to provide a credit card at the time of hotel check-in. Travel is subject to the terms and conditions set forth in this Program, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any Prize package, and are solely the Prize winner’s responsibility, including, but not limited to: hotel taxes, ground transportation at the Prize winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Prize winner.
7. DETAILS ON HOW TO WIN A SCHOLARSHIP: After Bootcamp is completed, Participants who attend Bootcamp will be invited to submit Content before the conclusion of the Content Submission Period. After Bootcamp, Participants should participate weekly in the Program’s blog, whose URL will be given at the Bootcamp in order to be eligible. Bootcamp Participants must further develop their proposed Content during the Content Submission Period, and then must follow Sponsor’s links and instructions to submit their Content during the Content Submission Period. To continue to participate and be considered for a Scholarship Prize (defined below), Participant must provide all Content required by Sponsor. The Content may require the following, in Sponsor’s sole discretion: a demo build of a minimum of thirty (30) seconds, a submission overview of the project, a complete upload of the file to the Oculus Store, image assets of the project, full attendance at Bootcamp, and good faith efforts at maintaining a weekly blog after the Bootcamp chronicling the Participant’s experience. Content received during the Content Submission Period and in full accordance with these Official Rules will be judged as more fully detailed in the “Winner Selection” Section below among all other eligible Content received during the Content Submission Period. All Content must abide by the “Submission Requirements” detailed in the Section of the same name below or the Participant may, in Sponsor’s sole discretion, be disqualified from the Program. By participating in this Program, each Participant represents and warrants that (s)he has the full right and authority to participate in this Program, submit the Content, and grant the rights granted in these Official Rules. In the event a Participant engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a Prize, including ending a trip (if applicable) or other applicable experience early.
8. SUBMISSION REQUIREMENTS: Participant’s Content must meet all of the following requirements, as determined by Sponsor, in its sole discretion, or the Participant and his/her Content may be disqualified:
All aspects of the Content must be solely owned by or licensed to the Participant or in the public domain. All third-party content not owned by or licensed to the Participant is prohibited, unless such content is in the public domain. Participant’s rights in the Content must be sufficient to allow it to grant all exclusive licensed rights granted to Sponsor or any other party to which rights are granted under these Official Rules. Sponsor may request written proof of ownership of or adequate license to Participant of any Content. Failure to timely provide adequate proof of ownership or sufficient license rights in any content included in the Content (as determined by Sponsor in its sole discretion) may result in the Participant being disqualified and the Application being deemed void.
All Content must include an Oculus Studio logo as part of the Content’s startup sequence each time a user enters the Content, including versions of the Content on other (non-Oculus platforms). The Oculus Studio logo shall not be by-passable by users when display and shall appear for a period of time equal to the great of either: (a) three (3) seconds; or (b) the longest period that any other logo is displaying during the loading or within the Content.
The Content must be a minimum of at least thirty (30) seconds, and include a submission overview and be successfully included in the Oculus Store (with an image asset).
Participant must use good faith efforts to maintain a weekly developer blog after the Bootcamp chronicling the Participant’s experience.
All Content must be entirely in the English language or Participant must provide an accurate English translation at Sponsor’s request and within the timeframe requested.
If any part of a Participant’s Content depicts or includes any person that is not Participant him- or herself, Participant must have all permissions and rights from the individual depicted (and, if such individual is a minor, his/her parent or legal guardian) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services, including the Participant.
Content must not infringe, misappropriate, or violate any rights of any third party, including, without limitation, patent, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
Content must not include information or content that is pornographic or otherwise adult-oriented.
Content must not in any way violate any federal, national, state or local laws, rules, or regulations, or any applicable laws of other applicable jurisdiction(s).
Content must not be, in Sponsor’s sole discretion, objectionable or inappropriate.
Participant agrees that his, her, or its participation in the Program and agreement to these Official Rules and Sponsor’s reproduction, display, and use of the Content in accordance with these Official Rules will not violate any agreement to which Participant is a signatory or party or any law applicable to Participant.
Participant agrees to indemnify the Released Parties from and against any and all claims from any third party for any use or reuse by Sponsor (or its agents, representatives, or licensees) of the Content authorized under these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify from the Program any Participant whose Content (in its sole discretion) refers, depicts, or in any way reflects negatively upon a Sponsor or another Released Party, the Program, or any other person or entity or does not comply with these Official Rules, including any of the above Submission Requirements.
9. SCHOLARSHIP WINNER SELECTION: During the Content Judging Period (see chart above for details), Content submitted prior to the expiration of the Content Submission Period will be judged by the Judges, based on the following criteria and according to the percentage weights indicated: (i) Promise: Extent to which the concept for the VR software will, if executed well, appeal to the greater Oculus community and demonstrates passion for virtual reality (35%); (ii) Diversity: Representative of diversity of thought in the industry (35%); and ((iii) Technical Ability: Extent to which the game, experience, or video’s design and execution demonstrates technical ability (30%) (“Content Judging Criteria”). Based on the total score the Judges assign to each piece of Content using the Content Judging Criteria, Sponsor will divide up $250,000 USD in total prizes in a manner it shall determine in its sole discretion based on the scoring spread assigned using the Content Judging Criteria between the various Content judged in the Program, and each individual selected by Sponsor will be a potential “Winner”. In the event of a tie in the selection of a Winner, the tie will be broken by naming as the Winner the entry with the higher score on the “Promise” Criterion. All decisions by Judges, including interpretation of these Official Rules and related documents, are within the sole and absolute discretion of Sponsor and are final. The number of scholarships and amount of each scholarship to be awarded to a Winner (“Scholarship Prizes”) (if more than one (1) is awarded) will be determined in Sponsor’s sole discretion. Sponsor reserves the right to contact Participants for verification purposes and administration of the Program. All Judges’ decisions are final and binding in all matters relating to this Program. Each entrant acknowledges that any of the Released Parties or other entrants may have created ideas and concepts contained in their Content that may have familiarities or similarities to his/her Content, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
Sponsor will attempt to notify potential Winners on or around October 1, 2017 that he or she may have won a Scholarship Prize by email, phone, or using other contact information provided for entry in Sponsor’s sole discretion. In addition, a potential Winner’s name and his or her city and state or other general information may be posted on the Program Site or elsewhere publicly in Sponsor’s sole discretion. Prize or prize elements will only be mailed, where applicable, to Winner’s address in the Territory. If any prize, prize notification, or Program-related communication is rejected, faulty, or undeliverable; if the potential Winner does not respond according to the notification’s or Sponsor’s instructions; or if the Winner or potential Winner fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting) based on the original judging Criterion. Sponsor is not obligated to pursue more than three (3) alternate winners for any prize for any reason, in which case such prize may go unawarded. Sponsor reserves the right to modify the notification procedures and applicable deadlines for responding in connection with the selection of any alternate potential winner, if any. If a Scholarship Prize is legitimately claimed, it will be awarded. Upon prize forfeiture or inability to use a prize or portion thereof, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a Scholarship Prize, each Winner must follow the directions in his or her notification. As a condition of being awarded any prize, each Winner may be required, in Sponsor’s sole discretion, to complete and return a W-9 form to Sponsor. Each Winner may also, 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 within five (5) days from when Sponsor sends the Winner Documents or other time frame as specified by Sponsor or its representative. 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 Program and forfeiture of any prize potentially won. The Winner Documents, if required, are each subject to verification by Sponsor and may require the participant to provide his or her Social Security Number and/or a copy of government-issued identification card or number therefrom. Federal IRS 1099-MISC forms may be issued as appropriate in Sponsor’s sole discretion. Decisions of the Sponsor are final on all matters relating to the Program, including interpretation of these Official Rules, determining the Winners, and awarding of the prizes.
10. PRIZES & APPROXIMATE RETAIL VALUE (“ARV”): Sponsor will award up to $250,000 USD total in Scholarship Prizes in the form of cash or a check, money order, or cashier’s check made payable to the verified Winner(s). The exact number of scholarships and amount of each scholarship (if more than one (1) is awarded), will be determined by Sponsor in its sole discretion. The amounts of the Scholarship Prizes will most likely vary from $5,000 to $50,000 USD but the specific amounts will be determined by Sponsor in its sole and absolute discretion.
All Scholarship Prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (federal, state, and local), 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 a 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. Winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. 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. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim the prize.
By entering this Program and accepting the prize, Winner(s) agree to maintain his/her behavior online and otherwise in accordance with all applicable laws and generally accepted social practices in connection with participation in any Program- or prize-related activity. Winner understands and agrees that Sponsor and prize providers have the right, in each of their sole discretion, to disqualify and remove the Winner from any activity at any time if the Winner’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the prize provider, and in such a case, the Winner will be solely responsible for any and all related expenses.
11. LICENSE & GRANT OF PUBLICITY RIGHTS: By submitting Content, each Participant: (a) grants to Sponsor (and its affiliated entities and agents, representatives, licensees, successors, and assigns of Sponsor and its affiliated entities) the irrevocable, transferable, sublicensable, absolute right and permission to use, edit, modify, copy, reproduce, publicly display and perform, and distribute any such Content submitted by the Participant, and to sublicense such rights to others, in perpetuity and in any medium now known or hereafter devised (including online and in digital media), anywhere throughout the world and in any language, without further obligation or compensation of any kind to Participant, for the purposes of administering this Program and for the Sponsor’s advertising, trade, promotional and publicity purposes; and (b) agrees that he/she/it shall not exercise his/her moral rights in any Content (e.g., the right to make any Content public, the right to determine the display of the author’s name, and the right to preserve the integrity of any Content). Aside from the rights granted under these Official Rules, Participant remains (as between Participant and Sponsor) the owner of all right, title, and interest in and to the Participant’s Content. Participant grants to Sponsor the right and permission to use, publish, and otherwise publicly perform and distribute his or her Content as necessary to administer this Program and as otherwise described in these Official Rules.
Content Parity. Participant shall use commercially reasonable efforts to ensure that the Content for the Oculus Store includes at least all the content, look-and-feel, features and functionality of the Content on any other platforms, including, but not limited to, Sony PlayStation VR, Google Daydream, and/or virtual reality updates to 2D versions of the Content available on Steam or other third party electronic devices or gaming platforms (“Other Platforms”) (to the extent that such features and functionality are supported or enabled on the Oculus Store).
Exclusivity. The release of the Content to the public will be exclusive to the Oculus Store everywhere in the world until three (3) months after the first commercial launch of the Content on the particular Designated Device and in the Oculus Store (the “Exclusivity Period”); and during such Exclusivity Period, Participant shall not itself (or permit a third party to) distribute, make available or take pre-orders for any virtual reality version of the Content (or any product substantially similar to the Subject Product regardless of the title) on any Other Platforms. Additionally, during the Exclusivity Period, Participant shall not itself (or permit a third party to) market, advertise or otherwise make public statements, including, but not limited to, press releases, written or oral statements made to the media, blogs, trade organizations, publications, websites, or any other public audience or unauthorized third parties related to the Content’s availability or future availability of the Content on Other Platforms. Furthermore, Participant shall not show, or permit a third party to show, the Content on any hardware other than the Oculus designated devices during the Exclusivity Period.
Each Participant hereby acknowledges and agrees that the relationship between the Participant and Sponsor is not a confidential, fiduciary, or other special relationship, and that the Participant’s decision to submit his/her Content for purposes of the Program does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of his/her Application, other than as set forth in these Official Rules. (For the sake of clarity and without limiting the foregoing, these Official Rules do not purport to modify the terms of any separate agreement between Sponsor and any Participant, including any confidentiality or non-disclosure agreement.). Each Participant understands and acknowledges that Sponsor has wide access to ideas, text, images, code, applications, software, and other creative materials. Each Participant also acknowledges that many ideas for games, experience, applications, or online services may be competitive with, similar to, or identical to his or her Content 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 Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources or be independently developed by or on behalf of Sponsor. Each Participant acknowledges and agrees that Sponsor does not now nor will it 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 patent, copyright, or other proprietary rights in and to his/her Content. Each Participant acknowledges that, with respect to any claim by Participant relating to or arising out of actual or alleged exploitation or use of any Content by Sponsor (or its affiliated entities or agents, representatives, or licensee), 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 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.
By participating in this Program (except where prohibited by law), each Participant grants Sponsor 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 Sponsor’s sole discretion) for advertising, trade, promotional and publicity purposes anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the internet) without further obligation or compensation of any kind to him or her, without any limitation of time, and without notice, review or approval, and each such person releases Sponsor (and any Sponsor representative, agent, or licensee exercising any right granted to Sponsor hereunder) 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.
12. DISCLAIMER OF WARRANTIES:NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEE OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY ANY MANDATORY PROVISIONS OF APPLICABLE LAW, THE RELEASED PARTIES EXCLUDE FROM THESE OFFICIAL RULES ALL CONDITIONS, WARRANTIES, AND TERMS IMPLIED BY STATUTE, GENERAL LAW, OR CUSTOM, EXCEPT FOR LIABILITY IN RELATION TO A NON-EXCLUDABLE GUARANTEE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY (i.e., DEFEND AND/OR REIMBURSE) THE RELEASED PARTIES FROM ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH DISTRIBUTION OF THE PARTICIPANT’S CONTENT OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PROGRAM-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO/OF PERSON OR PROPERTY (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF FRAUD OR BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR A THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW).
13. 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 (except to the extent that any of the following occur for reasons within Sponsor's reasonable control, if applicable law in your jurisdiction of residence dictates that liability to the injured party in such a case cannot be excluded by law): any lost, late, postage-due, incomplete, illegible, incomprehensible, mutilated, or misdirected email, mail, or Program-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable telephonic, cellular, cable, or satellite systems; errors, typos or misprints in these Official Rules, in any Program-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections or any failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications; technical or human error which may occur in the administration of the Program or the processing of Applications, Content; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant's participation in the Program. Without limiting any other provision of these Official Rules, no Released Party is responsible or liable for any injury or damage to the persons or property of Participant or any third party based on use by such party of the content made available as part of this Program or based on any use by Participant of the software or other participant content of any other participant in this Program. 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 for insufficient space in a person’s email account or voicemail inbox to receive email or voice messages. Released Parties are not responsible, and may disqualify a Participant, if any contact information provided by the Participant does not work or is changed without giving 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 any person claiming through such Participant) for any inability to administer the Program in the event that any of the Program 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 acts of God, 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. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
14. GENERAL RULES: Sponsor’s decisions will be final in all matters relating to this Program, including interpretation of these Official Rules and acceptance or rejection of Participants. All Participants, as a condition of participating, agree to be bound by these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Program. Participants further agree to not damage or cause interruption of the Program and/or prevent others from participating in the Program. Sponsor reserves the right to restrict or void participation from any IP address, email address or domain, device, or other designator or identifiable source if any fraudulent or harmful participation is suspected, as determined by Sponsor, in its sole discretion. Sponsor reserves the right disqualify any Participant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Program. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Program-related materials and these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in Sponsor’s sole discretion. Participants waive any right to claim ambiguity in the Program or these Official Rules. 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. 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 Program is not capable of running as planned for any reason, Sponsor reserves the right to cancel, modify or suspend the Program as deemed appropriate by Sponsor, in its sole discretion. If any dispute regarding a Participant or his/her Application cannot be resolved to Sponsor’s satisfaction, such Participant (and all natural persons comprising such Participant) may be disqualified. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM 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.
15. 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 Program will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE PROGRAM, 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 PROGRAM, 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) USD, 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) USD, 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.
16. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in San Mateo County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Program shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in San Mateo County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in San Mateo County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
17. WINNERS LIST/OFFICIAL RULES: The name of the Winners may be obtained approximately two (2) weeks after the end of the Program Period and a copy of these Official Rules may be obtained during the Program Period by sending your request (indicate “winner list” or “official rules” on your request) with a self-addressed stamped envelope to: “Oculus Launch Pad Scholarship Contest, c/o Legal Department, 18 Hacker Way, Menlo Park, California 94025.” Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Requests for Official Rules must be received during the Program Period; requests for the Winner’s list must be received no later than three (3) months after the end of the Program Period.
18. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and Participants shall not be entitled to any damages or other relief by reason thereof.
19. DATES & DEADLINES / ANTICIPATED NUMBER OF PARTICIPANTS: Because of the unique nature and scope of the Program, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Program. Sponsor cannot accurately predict the number of Participants who will participate in the Program.
20. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then Participant agrees to sign the same upon Sponsor’s request therefor.
21. SPONSOR: Oculus VR, LLC, 18 Hacker Way, Menlo Park, California 94025.