AS A CONDITION OF PARTICIPATING, PARTICIPANT AGREES: (1) THAT THIS PROGRAM AND HIS/HER/ITS PARTICIPATION IS GOVERNED SOLELY BY THE LAWS OF CALIFORNIA IN THE UNITED STATES OF AMERICA; AND (2) TO THESE OCULUS VR FOR GOOD CREATORS LAB 3.0 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, “TERMS”).
You agree to be bound by these Terms and 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 VR For Good Creators Lab 3.0 (the “Program”) is sponsored by Oculus VR, LLC (“Sponsor”), and is more fully detailed on the Oculus VR for Good Creators Lab 3.0 website found at https://www.oculus.com/vr-for-good/application/ (“Program Site”). The Program begins on or about 11:00:00 AM U.S. Pacific Time (“PT”) on Monday, March 19, 2018 and ends on December 31, 2019 (“Program Period”), 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 March 19, 2018 and all Applications must be received by Sponsor via the Program Site on or before 11:59:59 PM PT on April 13, 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 Summit, currently scheduled to take place between June 6-8, 2018. After the conclusion of the Summit, each Filmmaker (defined below) will be required to further develop their VR Project (the “Project”) telling a compelling story in coordination with a Nonprofit (defined below), and follow the Sponsor’s instructions (as may be emailed or otherwise communicated) 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 December 31, 2019, and provide all other required information (collectively with the Application, Participant Content and final Project, the “Content”). Oculus may terminate the program at any time without notice.
2. ELIGIBILITY: This Program is open only to the following individuals and nonprofit organizations:
Two (2) Filmmakers (each a “Team Member” and together, a “Team”) may combine to act as the “Filmmaker” for an Application. A Team can only consist of two (2) individual Team Members; any Team found to have more than two (2) Team Members will be disqualified. Each Team Member must satisfy all eligibility requirements set forth herein for a Filmmaker. If one (1) Team Member fails the eligibility requirements, then the Team’s Application may be disqualified at Oculus’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 and information 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 may continue on in his or her individual capacity using the Team’s Application, provided that the remaining Team Member 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 Filmmakers or Teams, without limiting Sponsor’s rights and remedies, the Filmmaker or Team that first submitted the Application will be deemed the proper Filmmaker 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.
Eligible Filmmakers and Nonprofits 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”. 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. Participant acknowledges that Sponsor is not a signatory to any contract with any union or guild bargaining agreement. 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/its eligibility as requested and within the timeframe requested in Sponsor’s sole discretion. Award Acceptance Documents (defined below), if required, are each subject to veriﬁcation by Sponsor and may require a Participant to provide his/her/its 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.
3. HOW TO SUBMIT AN APPLICATION: Those who are eligible can visit the Program Site and follow the on-screen links and instructions to complete and submit the Application form for either a Filmmaker or Nonproﬁt, as applicable. The Application will request portfolio samples of prior work and projects as well as specific questions that will require written responses that will have word count limits. All submitted content included by a Filmmaker or Nonprofit 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 Summit Participants” Section of the Terms below. 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. Any natural person completing any portion of the entry process described in these Terms on behalf of a Nonproﬁt must be authorized to legally bind that organization.
Limit one (1) Application for the Program per Filmmaker/Team or Nonprofit entity during the Application Submission Period. You are not permitted to submit an Application as an individual filmmaker as well as on behalf of a Nonprofit. 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 and share Participant’s information with the paired Nonprofit solely for administration of the Program.
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 Sponsor or Facebook, Inc. because of these familiarities or similarities.
4. SUBMISSION REQUIREMENTS:
All aspects of the Content must be a truthful and accurate. For Filmmakers, any content or projects listed in their Application must have been created by the Filmmaker, and to the extent that any content or project is not wholly created by Filmmaker, Filmmaker will identify the portion of the Content that Filmmaker did create and/or Filmmakers’ role in the creation. Further requirements for Content will be distributed to Summit Participants.
Participant agrees that his, her, or its 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 from any third party for any use or reuse by Sponsor (or its agents, representatives, or licensees) of the Content authorized 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.
5. SELECTION OF SUMMIT PARTICIPANTS: During the Application Judging Period, Applications (including the Participant Content) submitted by eligible Filmmakers and Nonprofits will be reviewed by a panel of judges (some of which may be independent) chosen in Sponsor’s sole discretion (the “Judges”), based on the following criteria (“Criteria”) according to the percentage weights indicated:
(i) Filmmakers: relevant experience with VR and 360 filmmaking, including knowledge of post-production software (25%); number and quality of prior completed film and virtual reality projects (25%); demonstrated interest and passion for VR (25%); and passion for nonprofit causes and Participants (25%).
(ii) Nonprofits: whether the Nonproﬁt’s programs would be a compelling story in the VR world (30%); the demonstrated impact of the Nonproﬁt and its programs (20%); the Nonproﬁt’s prior experience with developing creative marketing materials (15%); compatibility with applicable individual Participants (25%); and contribution to a diverse mix of ﬁlms based on, among other things, the Nonproﬁt’s size, region, and focus area (10%).
Up to ten (10) Filmmaker Applications with the highest scores amongst all of the submitted Filmmaker Applications and up to ten (10) Nonproﬁt Applications with the highest scores amongst all of the submitted the Nonproﬁt 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 15, 2018, Sponsor, or its designee, will attempt to notify each potential award recipient that he/she/they/it 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. Each potential Nonproﬁt recipient is responsible for determining in collaboration with Sponsor which individual will take part in the Summit. 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 comply 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 Summit. 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.
6. DETAILS ON WHAT HAPPENS AFTER THE SUMMIT: As a condition of attending the Summit, 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”). Further, in connection with the development of their Project, Filmmaker 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. In connection with such clearances and releases, Participant may use the forms provided by Sponsor if delivered to Participant. Timing of filming will be dependent on various factors such as when activities of a Nonprofit’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 December 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.
7. 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
Limited Rights to Exploit Content: Participants may not profit off of the distribution of their Content, unless approved in writing by Sponsor. Any and all profits from any exploitation of their Content shall be donated to the Nonprofit.