AS A CONDITION OF PARTICIPATING, PARTICIPANT AGREES TO THESE OCULUS LAUNCH PAD TERMS AND CONDITIONS AND THE OCULUS TERMS OF SERVICE, AVAILABLE AT https://www.oculus.com/legal/terms-of-service, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE (COLLECTIVELY, THE “TERMS”). VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
As a condition of participating or attempting to participate, you agree to the decisions of Oculus, which are final and binding in all respects. If you breach any of these Terms, your participation, including, without limitation, any application, is VOID and you must immediately forfeit any and all benefits, if any have been provided to you.
1. OVERVIEW/TIMING: The Oculus Launch Pad (the "Program") is sponsored by Oculus VR, LLC (“Sponsor”), and is more fully detailed on the Oculus Launch Pad website found at https://www.oculus.com/launch-pad/ (“Program Site”). The Program begins on or about 12:00:00 PM Paciﬁc Time (“PT”) on Friday, April 20, 2018 and ends on or around 11:59:59 PM PT on March 31, 2019 (“Program Period”). The Program Period is subject to extension or modiﬁcation, as determined by Sponsor, in its sole discretion. During the Program Period, individuals will first need to submit an application (the “Application”). The Application submission period will be begin on or about 12:00:00 PM PT on Monday, April 9, 2018 and all Applications must be received by Sponsor via the Program Site on or before 11:59:59 PM PT on May 20, 2018 (“Application Submission Period”), unless extended by Sponsor, in its sole discretion. If any Application is selected by Sponsor, individuals will be required to attend the Bootcamp, currently scheduled to take place between June 23-24, 2018. After the conclusion of the Bootcamp, each Individual (defined below) will be required to further develop their ideas for the development of VR content (the “Project”) and follow the Sponsor’s instructions (as may be emailed or posted on the Program Site) to complete and deliver their finished Project on a date to be mutually agreed to between the parties, but in no event, no later than March 31, 2019, and provide all other required information (collectively with the Application, Participant Content and final Project, the “Content”). Sponsor may terminate or modify the Program at any time without notice and has no obligation to invite anyone to attend the Bootcamp if it does not like the Applications received.
2. ELIGIBILITY: This Program is open only to individuals (“Individuals”) who are legal residents and physically located in the fifty (50) states in the United States (including the District of Columbia) or Canada as of the ﬁrst date of submission of the Application. Participants are not permitted to simultaneously participate in a competing program (as determined by Sponsor in its sole discretion) during the Program Period without prior written permission or will be subject to disqualification by Sponsor in its sole discretion. Employees, ofﬁcers, directors, members, managers, agents, and representatives of Sponsor or its parent company (Facebook, Inc.) and each of their respective subsidiary companies, afﬁliates, divisions, franchisees, representatives, consultants, sub-contractors, suppliers, distributors, legal counsel, advertising, public relations, promotional, fulﬁllment and marketing agencies (collectively, together with Sponsor and Facebook, Inc., 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 Terms. It is solely the Participant’s responsibility to ensure that participation in the Program (including delivery or distribution of any Content produced by Participant) will not be subject to any union or guild bargaining agreement to which Participant is bound. If participating in this Program would result in a violation by Participant of any law applicable to it, such Participant is ineligible. As a condition of participating, each Participant agrees to provide documentation or other proof of his/her eligibility as requested and within the timeframe requested in Sponsor’s sole discretion. Eligible Individuals who take any action to participate in this Program will be collectively referred to in these Terms as “Participants” and each individually as a “Participant”.
Individuals (each a “Team Member” and together, a “Team”) may combine at Bootcamp to produce a Project. A Team must be approved by Sponsor in writing, and may only consist of five (5) individual Team Members; any Team found to have more than five (5) Team Members will be disqualified. Each Team Member must satisfy all eligibility requirements set forth herein for a Participant or Individual. At the time of application, if one (1) Team Member fails the eligibility requirements, then the Team’s Application may be disqualified at Sponsor’s discretion. In the event one (1) Team Member is ruled ineligible, the remaining eligible Team Member may re-enter the Program using a new and different Application. One (1) Team Member must make the Application on behalf of the Team and list the name of the other Team Member in the space provided on the Program Site. If, at any time during the Program, any Team Member elects to voluntarily end his or her participation in the Program, the remaining Team Member(s) may continue on in his or her individual capacity using the Team’s Application or funding, provided that the remaining Team Member(s) secures all necessary permissions and rights from the departing Team Member. Each Team Member shall be deemed to have jointly and severally made and entered into all of the representations, warranties and agreements contained herein and shall be jointly and severally obligated and bound thereby. Except as otherwise expressly set forth herein, all of the Released Parties’ rights pursuant to these Official Rules relate to and are exercisable against each Team Member. In the event a dispute between Team Members cannot be sufficiently resolved, Sponsor may disqualify the Team in its sole discretion. In the event of a dispute where a given Application is deemed to have been submitted by two (2) or more separate Individuals or Teams, without limiting Sponsor’s rights and remedies, the Individual or Team that first submitted the Application will be deemed the proper Individual or Team for the Application. In the event of any dispute regarding the identity of an Applicant, the relevant Application will be deemed submitted by the email account holder used to apply to the Program.
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 20, 2018
11:59:59 PM PT on May 20, 2018
APPLICATION JUDGING PERIOD (the “Application Judging Period”):
May 20, 2018 – May 27, 2018
UP TO ONE HUNDRED (100) INVITATIONS TO ATTEND BOOTCAMP ANNOUNCED:
On or around May 27, 2018
June 23, 2018
June 24, 2018
CONTENT SUBMISSION PERIOD:
Close of Bootcamp
05:59:59 PM PT on September 30, 2018
JUDGING OF CONTENT BY SPONSOR-SELECTED JUDGES (“Content Judging Period”):
September 30, 2018
November 15, 2018
SCHOLARSHIP WINNERS ANNOUNCED:
On or around December 1, 2018
All dates are subject to change/extension, in Sponsor’s sole and absolute discretion.
4. HOW TO SUBMIT AN APPLICATION: Those who are eligible to participate in the Program can visit the Program Site and follow the on-screen links and instructions to complete and submit the Application. The Application will request portfolio samples of prior work and projects as well as specific questions that will require written responses that may have word count limits. All submitted content included by a Participant in the Application form will be called “Participant Content” in these Terms. To participate, you must already have or must create an Oculus account (Oculus ID) and provide all information required by the Application form, which may include personal information such as ﬁrst and last name and email address. Entries received during the Program Period and in full accordance with these Terms will be reviewed and judged as more fully detailed in the “Selection of Bootcamp Participants” Section of the Terms below. All Participant Content must abide by the “Submission Requirements” detailed in the section of the same name below or the Participant may be disqualiﬁed from the Program. By participating in this Program, each Participant represents and warrants that Participant has the full right and authority to participate in this Program, submit the Participant Content, and grant the rights granted in these Terms.
Limit one (1) Application for the Program per Participant during the Application Submission Period. To participate in this Program, an Application must be submitted and received by Sponsor during the Application Submission Period through the Program Site in strict accordance with these Terms and all instructions on the Program Site.
The Sponsor collects personal information in order to conduct this Program. Sponsor reserves the right to contact Participants for veriﬁcation purposes.
Each Participant acknowledges that other Participants and/or Released Parties may have created ideas and concepts contained in their Application that may have familiarities or similarities to Participant’s Application or Participant Content, and that he/she/they/it will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
5. SUBMISSION REQUIREMENTS: All aspects of the Participant Content and Content must be a truthful and accurate and any Participant Content or projects listed in Partcipant’s Application must have been created by the Participant, and to the extent that any Participant Content or project is not wholly created by Participant, Participant will identify the portion of the Participant Content that Participant did create and/or Participants’ role in the creation. Further requirements for Content will be distributed to Bootcamp Participants.
Participant agrees that his or her participation in the Program and agreement to these Terms and Sponsor’s reproduction, display, and use of the Content in accordance with these Terms will not violate any agreement to which Participant is a signatory or party or any law applicable to Participant. Participant agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims brought by any third party for any use or reuse by the Released Parties of the Content under these Terms. Sponsor reserves the right, in its sole discretion, to disqualify from the Program any Participant whose Content (in Sponsor’s 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 Terms, including any of the above Submission Requirements.
6. SELECTION OF BOOTCAMP PARTICIPANTS: During the Application Judging Period, Applications (including the Participant Content) submitted by eligible Participants will be reviewed by a panel of judges chosen in Sponsor’s sole discretion (the “Judges”), based on the following criteria (“Criteria”) according to the percentage weights indicated:
Innovation: Demonstrate an ability to push the boundaries of virtual reality within a game or experience (35%); and
Diversity: Representative of diversity of thought in the virtual reality industry (e.g., Application represents out of the box thinking) (35%); and
Technical Ability: Extent to which the game, experience, or Project’s design and execution demonstrates technical capability in the virtual reality industry consistent with Oculus Store submissions (30%).
Up to one-hundred (100) Applications with the highest scores amongst all of the submitted Applications may be selected by Sponsor based on the Criteria as potential award recipients. All Judges’ decisions are ﬁnal and binding in all matters relating to this Program.
On or about May 27, 2018, Sponsor, or its designee, will attempt to notify each potential award recipient that he/she may have won an award by email, phone, or using other contact information provided in the Application in Sponsor’s sole discretion. In addition, a potential recipient’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. If any award, award notiﬁcation, or Program-related communication is rejected, faulty, or undeliverable; if the potential recipient does not respond according to the notiﬁcation’s or Sponsor’s instructions; or if the recipient or potential recipient fails to comply with these Terms, the award may, in Sponsor’s sole discretion, be forfeited and an alternate recipient may be selected (time permitting) based on the original judging Criterion. Sponsor reserves the right to modify the notiﬁcation procedures and applicable deadlines for responding in connection with the selection of any alternate potential recipient, if any. If an award is legitimately claimed, it will be awarded. Upon award forfeiture or inability to use an award or portion thereof, no compensation will be given and Sponsor will have no responsibility or liability to that Participant. To claim an award, each recipient must follow the directions in his or her notiﬁcation. As a condition of being awarded any award, each recipient may be required, in Sponsor’s sole discretion, to complete and return a W-9 or other requisite tax form to Sponsor. Decisions of the Sponsor are ﬁnal on all matters relating to the Program, including interpretation of these Terms, determining the recipients, and awarding of the awards.
By applying for this Program and accepting an award, each recipient agrees to maintain recipient’s behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Program- or award-related activity, including, without limitation, attending the Bootcamp. Each recipient understands and agrees that Sponsor has the right, in Sponsor’s sole discretion, to disqualify and remove any recipient from any activity at any time if any recipient’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 Sponsor, and in such a case, the recipient will be solely responsible for any and all related expenses associated with being removed from the Program.
Each recipient 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: (i) an afﬁdavit of eligibility (including supplying documentation or other proof of eligibility) and liability/publicity release and tax forms (as applicable); and (ii) an agreement with the Sponsor regarding the relationship of the parties and the development and use of a Project that will be created as part of the award, which will contain important restrictions and rights granted to Sponsor (collectively, the “Award Acceptance Documents”) according to Sponsor’s instructions within three (3) days from when Sponsor sends the Award Acceptance 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 Terms may, in Sponsor’s sole discretion, result in disqualiﬁcation from the Program and forfeiture of any award potentially received. The Award Acceptance Documents, if required, are each subject to veriﬁcation by Sponsor and may require the Participant to provide his or her Social Security Number (if residing in the U.S.) and/or a copy of government-issued identiﬁcation card or number therefrom. Federal IRS 1099-MISC forms may be issued as appropriate to U.S. based recipients in Sponsor’s sole discretion. Decisions of the Sponsor are ﬁnal on all matters relating to the Program, including interpretation of these Terms, determining the recipients, and awarding of the awards.
7. BOOTCAMP: Sponsor will be awarding (i) a Visa prepaid cash card issued in the amount of $1,500 that selected Participant must use towards the purchase of an airline ticket and hotel accommodations in connection with his/her visit to Menlo Park, California to attend Bootcamp; and (ii) An Oculus Rift/Touch or a GearVR, as applicable to Participant’s Project, with an approximate retail value (“ARV”) of $2,100 USD.
Selected Participants are expected to attend the Oculus Launch Pad Bootcamp as part of this scholarship program.
The Visa prepaid cash card is subject to issuer’s terms and conditions applicable thereto. It is the sole responsibility of selected Participant 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 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 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, providers or any other persons providing any related services or accommodations. Sponsor is not liable for any missed 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 award element except at the sole and absolute discretion of Sponsor. Additional award details and travel information to be provided to the winner at the time of notification. Selected Participant 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 Selected Participant 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 document, 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 package, and are solely the Selected Participant’s responsibility, including, but not limited to: hotel taxes, ground transportation at the Selected Participant’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 Selected Participant.
8. DETAILS ON HOW TO WIN A SCHOLARSHIP: As a condition of attending the Bootcamp, each Participant must be willing and available to render services in connection with full and final development of the Project, during all periods of pre-production, production and post-production thereof (the “Production Period”) and bring original ideas to the Project. The Production Period shall be determined by Sponsor, in its sole discretion, but shall not extend past March 31, 2019 (or as otherwise indicidated to Participant by Oculus). Further, in connection with the development of their Project, Participant is required to clear all rights and obtain all necessary releases (including for any music, clips, photographs, locations, actors, contributors and other content) in order to avoid infringing or otherwise violating the intellectual property or other proprietary rights of any third party. Project should have a minimum runtime of two (2) minutes and produced in English language. In connection with such clearances and releases, Participant shall use the forms provided by Sponsor if delivered to Participant. Participant must participate until their Project is complete. Each Participant must submit their final Project on or before March 31, 2019 or earlier date identified by Sponsor; provided, however, timing of filming will be dependent on various factors such as when activities of a Partcipiant’s featured program are conducted and can be filmed or when access can be obtained to controlled locations. Where filming occurs in early or mid-Production Period, then Sponsor may set a final delivery date for the Project earlier than March 31, 2019. Sponsor reserves the right to maintain final approval of all aspects of each Project and Sponsor may require Participant to make changes and edits as it determines in its sole discretion. Individuals will be expected to manage posting blog posts on a Sponsor forum and post at least eleven (11) posts. All aspects of credit on the Project shall be determined by Sponsor in its sole discretion.
9. LICENSE TO CONTENT: By submitting Content, each Participant shall grant Sponsor rights in their Content as more specifically set forth in the Award Acceptance Documents. Participants should understand that certain rights granted to Sponsor in the Content may require the grant of exclusive rights to Sponsor for a set period of time before the rights to Content are non-exclusive in perpetuity. Any unwillingness by any Participant to grant the required rights to Sponsor may result in the Participant being disqualified from continued participation in the Program, in Sponsor’s sole discretion.
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 an Application 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 Participant Application, other than as set forth in these Terms. For the sake of clarity and without limiting the foregoing, these Terms 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 ﬁlms, videos, stories, games, other creative content, applications, or online services may be competitive with, similar to, or identical to his or her Content and/or each other in idea, function, components, format, or other respects. Each Participant acknowledges and agrees that such Participant will not be entitled to any compensation as a result of 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 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 Content.