TERMS OF SERVICE AND PRIVACY
POLICIES SPECIFIC TO OCULUS ACCOUNT USERS
AS A CONDITION OF APPLYING TO OR PARTICIPATING IN THE FACEBOOK HORIZON CREATOR ACCELERATOR PROGRAM (“PROGRAM”), YOU AGREE TO THESE FACEBOOK HORIZON CREATOR ACCELERATOR PROGRAM TERMS AND CONDITIONS, THE SUPPLEMENTAL BETA FACEBOOK HORIZON TERMS OF SERVICE, AVAILABLE AT https://www.oculus.com/legal/horizon-terms-of-service/, AND THE FACEBOOK TERMS OF SERVICE, AVAILABLE AT https://www.facebook.com/terms/, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE (COLLECTIVELY, THESE “TERMS”).
These Terms form a legally binding contract between you (“you” or “Participant”) and Facebook Technologies, LLC formerly known as Oculus VR, LLC (“Facebook”) that governs your participation in the Program. By submitting an application to participate in the Program, you understand and hereby agree to be bound by the terms and conditions of these Terms. You represent and warrant that you are not a person with whom Facebook is prohibited from transacting business under applicable law.
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 in the Program, you agree to the decisions of Facebook, which are final and binding in all respects. If you breach any of these Terms, Facebook shall have the option, in its sole discretion, to immediately terminate these Terms without liability to you, and further, upon Facebook’ request you shall immediately return and/or cease use of any and all benefits, if any have been provided to you.
1. OVERVIEW/TIMING: The Program begins on or about July 12, 2021 and ends on or about August 27, 2021 (“Program Period”). The Program Period is subject to extension or modiﬁcation, as determined by Facebook, in its sole discretion. During the Program Period, individuals will first need to submit an application (the “Application”). The Application submission period will begin on or about June 10, 2021 and all Applications must be received by Facebook on or before 11:59:59 PM PT on June 23, 2021 (“Application Submission Period”), unless extended by Facebook, in its sole discretion. If any Application is selected by Facebook, individuals will be required to attend educational events as part of the Program, either in the virtual reality (“VR”) application Facebook Horizon or online, currently scheduled to take place as set out in Section 3 below. During the Program, each Individual (defined below) or Team will develop their ideas for the development of VR content (the “Project”). The results of such a Project shall be referred to as “Content”. Facebook may terminate or modify the Program at any time without notice and has no obligation to invite anyone to attend the Program or additional program events if the Applications received do not meet the Criteria (as defined below).
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 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), as of the ﬁrst date of submission of the Application. Participants are not permitted to simultaneously participate in a competing program (as determined by Facebook in its sole discretion) during the Program Period without Facebook’s prior written permission or will be subject to disqualification by Facebook, in its sole discretion. Employees, ofﬁcers, directors, members, managers, agents, and representatives of Facebook or its parent company (Facebook, Inc.) and its and 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 Facebook 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 to submit an Application or attend the Program as a participant. 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 collective 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/their eligibility as requested and within the timeframe requested in Facebook’s sole discretion.
Two Individuals may combine at the Program to produce a Project (each Individual, a “Team Member” and together, a “Team”). To form a Team, a Team Member must submit a Team Application (the “Team Application”) to Facebook. A Team must be approved by Facebook in writing and may consist of no more than two (2) individual Team Members; any Team found to have more than two (2) Team Members will not qualify for the Program. 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 its Team Application may be disqualified at Facebook’s discretion. Participants agree that any action by any Team Member may be binding on behalf of the Team, as determined by Facebook in its sole discretion. In the event one (1) Team Member is ruled ineligible, the remaining eligible Team Members may re-enter the Program using a new and different Team Application. One (1) Team Member must submit the Team Application on behalf of the Team and list the name of the other Team Member. If, at any time during the Program, any Team Member elects to voluntarily end his/her/their participation in the Program, the remaining Team Member(s) may continue on in his/her/their individual capacity using the Team Application or funding, and the departing team member grants all rights and permissions to the remaining team members to continue their participation in the program in order to comply with Section 9 below. 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 Terms relate to and are exercisable against each Team Member. In the event a dispute between Team Members cannot be sufficiently resolved, Facebook may disqualify the Team in its sole discretion. In the event of a dispute where a given Team Application is deemed to have been submitted by two (2) or more separate Individuals or Teams, without limiting Facebook’s rights and remedies, the Individual or Team that first submitted the Team Application will be deemed the proper Individual or Team for the Team Application. In the event of any dispute regarding the identity of an Individual, the relevant Team 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 the dates noted below:
IMPORTANT PROGRAM DATES:
Application Submission Period
9:00 am PDT
11:59:59 pm PDT
9:00 am PDT
6:00 pm PDT
End of Program Demo Day
6:00 pm PDT
All dates are subject to change or extension in Facebook’s sole and absolute discretion.
4. HOW TO SUBMIT AN APPLICATION: Those who are eligible to participate in the Program can submit an 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 a free Facebook account 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 assessed as more fully detailed in Section 6 of these Terms. 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 provided true and accurate information in the Application, and 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 Facebook during the Application Submission Period in strict accordance with these Terms and all instructions provided by Facebook.
You acknowledge that other participants and/or Released Parties may have created ideas and concepts contained in their Application, Participant Content, Project, and/or Content that may have familiarities or similarities to your Application, Participant Content, Project, and/or Content and that you will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities. FACEBOOK IS UNDER NO OBLIGATION TO RETAIN, AND MAY IN ITS SOLE DISCRETION DESTROY, YOUR APPLICATIONS AND/OR PROJECT SUBMISSIONS; IT IS SOLELY YOUR OBLIGATION TO KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR APPLICATION AND/OR PROJECT SUBMISSIONS. ANY APPLICATION AND/OR PROJECT SUBMISSION THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE TERMS MAY, IN FACEBOOK’S SOLE DISCRETION BE DEEMED INELIGIBLE TO PARTICIPATE IN THE PROGRAM.
5. SUBMISSION REQUIREMENTS: All aspects of the Participant Content and Content must be truthful, accurate, and original and any Participant Content or projects listed in Participant’s Application must have been created entirely by the Participant. Further requirements for Content will be distributed to Program Participants.
Participant agrees that his/her/their participation in the Program and agreement to these Terms and Facebook’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, any law applicable to Participant, or any rights (including any intellectual property right) of any third party. 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 (including any display) or reuse by the Released Parties of the Content under these Terms. Facebook reserves the right, in its sole discretion, to disqualify from the Program any Participant whose Content (in Facebook’s sole discretion) refers, depicts, or in any way reﬂects negatively on Facebook or another Released Party, the Program, or any other person or entity or does not comply with these Terms, including any of the requirements in this Section 5.
6. SELECTION OF PROGRAM PARTICIPANTS: During the Application Submission Period, Participant Content will be assessed based on the following criteria (“Criteria”) according to the percentage weights indicated:
Creation experience (50%): Strong background developing games or creating worlds.
Project Submission (50%): The Minigame details submitted in the application will be graded based on how well the idea meets the following criteria: The minigame idea must clearly articulate how the experience will be Social, Fun for all, and Simple.
Participants whose Applications receive the highest scores amongst all of the submitted Applications may be selected by Facebook based on the Criteria to participate in the Program. All of Facebook’s decisions are ﬁnal and binding in all matters relating to this Program.
On or about the dates set forth in the chart in Section 3 above, Facebook, or its designee, will attempt to notify each potential Participant that he/she may have been selected for the Program by email, phone, or using other contact information provided in the Application in Facebook’s sole discretion. In addition, a potential Participant’s name and his/her/their city and state or other general information may be posted publicly in Facebook’s sole discretion, except where prohibited by law. If any award, award notiﬁcation, or Program-related communication is rejected, faulty, or undeliverable; if the Participant does not respond according to the notiﬁcation’s or Facebook’s instructions; or if the Participant fails to comply with these Terms, the award may, in Facebook’s sole discretion, be forfeited and an alternate recipient may be selected (time permitting) based on the original judging Criteria. Facebook 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. Upon award forfeiture or inability to use an award or portion thereof, no compensation will be given and Facebook will have no responsibility or liability to that Participant. To claim an award, each recipient (“Selected Recipient”) must follow the directions in his/her/their notiﬁcation. As a condition of being awarded any award, each recipient may be required, in Facebook’s sole discretion, to complete and return a W-9 or other requisite tax form or other documentation to Facebook. Decisions of Facebook 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, participating in the Program and/or accepting an award, each Selected Recipient agrees to maintain Selected Recipient’s behavior in accordance with all applicable laws and reasonable requests of Facebook in connection with participation in any Program- or award-related activity. Each Selected Recipient understands and agrees that Facebook has the right, in Facebook’s sole discretion, to disqualify and remove any Selected Recipient from any activity at any time if any Selected Recipient’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Facebook or otherwise violates the policies of Facebook, and in such a case, the Selected Recipient will be solely responsible for any and all related expenses associated with being removed from the Program.
Each Selected Recipient may also, in Facebook’s sole discretion, be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Facebook: (i) an afﬁdavit of eligibility (including supplying documentation or other proof of eligibility) and liability/publicity release and tax forms (as applicable), (ii) a confidentiality agreement, and (iii) an agreement with Facebook regarding the relationship of the parties and the development and use of Content, which may contain important restrictions and rights granted to Facebook (collectively, the “Award Acceptance Documents”) according to Facebook’s instructions within three (3) days from when Facebook sends the Award Acceptance Documents or other time frame as speciﬁed by Facebook or its representative. Failure to comply with these requirements, Facebook’s or its representative’s instructions, or these Terms may, in Facebook’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 Facebook and may require the Participant to provide his or her Social Security Number. Federal IRS 1099-MISC forms may be issued to Selected Recipients in Facebook’s sole discretion. Selected Recipients will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the awards(s) they receive, regardless of whether they, in whole or in part, are used. Decisions of Facebook are ﬁnal on all matters relating to the Program, including interpretation of these Terms, determining the Selected Recipient, and awarding of the awards.
7. PROGRAM: Facebook will be awarding to each Selected Recipient: (i) exclusive access to digital content for the digital Program (all details of which will be determined in Facebook’s sole discretion) and (ii) a grant of $5,000 USD. Notwithstanding the foregoing sentence, Facebook’s obligation to award the grant of $5,000 USD is subject to Selected Recipient attending at least seven of the nine training workshops.
Selected Recipients are expected to digitally attend the Program. Facebook is not liable for any missed events, opportunities or expenses incurred as a consequence of unforeseen cancellation/delay. Selected Recipients are responsible for obtaining the necessary technology and access to attend the event.
Grants are non-transferable. Facebook may substitute an award with another of comparable or greater value.
8. PUBLISHING A WORLD IN FACEBOOK HORIZON: You are required to clear all rights and obtain all necessary releases (including for any music, clips, photographs, locations, actors, contributors and other content) prior to publishing, or otherwise publicly making available, the Project in Horizon in order to avoid infringing or otherwise violating the intellectual property or other proprietary rights of any third party. Upon Facebook’s request, you must provide evidence of all such rights and releases to Facebook. In connection with such clearances and releases, you must use the forms provided by Facebook if delivered to you. Each Selected Recipient must submit their final Project on or before the dates set forth in the chart above or earlier date identified by Facebook. Facebook reserves the right to maintain final approval of all aspects of each Project and Facebook may require Selected Recipients to make changes and edits as it determines in its sole discretion.
9. LICENSE TO CONTENT: By submitting Content to Facebook and posting it in Facebook Horizon, each Selected Recipient grants to Facebook the right to such Content as set forth in the Supplemental Beta Facebook Horizon Terms of Service, including a perpetual, non-revocable, non-exclusive, transferable, sub-licensable, royalty-free, fully paid-up, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the Content.
Each Selected Recipient hereby acknowledges and agrees that the relationship between the Selected Recipient and Facebook is not a conﬁdential, ﬁduciary, or other special relationship, and that the Selected Recipient’s decision to submit an Application for purposes of the Program does not place Facebook 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 Facebook and any Selected Recipient, including any conﬁdentiality or non-disclosure agreement. Each Selected Recipient understands and acknowledges that Facebook has wide access to ideas, text, images, code, applications, software, and other creative materials. Each Selected Recipient 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/her/their Content and/or each other in idea, function, components, format, or other respects. Each Selected Recipient acknowledges and agrees that such Selected Recipient will not be entitled to any compensation as a result of Facebook’s use of any such similar or identical material that has or may come to Facebook from other sources. Nothing in this Agreement will be construed as a representation or agreement that Facebook will not develop, have developed for it, or acquire products, services, technology or information that are similar to or compete with the products, services, technology or information contemplated by or embodied in the Content. Each Selected Recipient acknowledges and agrees that Facebook 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 Selected Recipient’s patent, copyright, or other proprietary rights in and to Content.
If you provide any comments, suggestions, recommendations, or other feedback about Facebook Horizon or any other Facebook or affiliate product or service (“Feedback”), any such Feedback is deemed licensed to Facebook (with the right to sublicense through multiple tiers) on a perpetual, irrevocable, worldwide, paid-up, and royalty-free basis and may be used or disclosed for any purpose without obligation to you.
10. RELEASE: YOU AGREE TO RELEASE, DISCHARGE, AND HOLD HARMLESS, THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH PARTICIPATING IN ANY PROGRAM-RELATED ACTIVITY. YOU UNDERSTAND AND AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, THIS AGREEMENT IS A COMPLETE RELEASE AND DISCHARGE OF ALL OF YOUR CLAIMS AND RIGHTS AGAINST THE RELEASED PARTIES AND THAT NO ACTION WILL BE TAKEN BY OR ON YOUR BEHALF WITH RESPECT OF ANY SUCH RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
11. MISCELLANEOUS: In the event that the operation, security, or administration of the Program is impaired in any way for any reason, Facebook may, in its sole discretion, suspend, modify, and/or cancel the Program and/or your participation therein. Facebook’s failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.