TERMS AND CONDITIONS FOR THE COMPETITION
These rules are the terms and conditions (the “Terms and Conditions”) of the [“The Tab Challenge”] contest (“Competition”). This Competition is sponsored by Overwolf Ltd., a company incorporated under the laws of Israel (“Overwolf”). By entering the Competition you confirm your acceptance of these Terms and Conditions, the Developers Terms (as defined below) and any other instructions or directions available on the Competition website (collectively, the “Official Rules”). Please read the Official Rules carefully. If you do not agree to the Official Rules, do not enter this Competition. Each entry to the Competition is referred to as a “Submission.”
- The Competition is open to any individual who is at least eighteen (18) years old at the time of Submission (or has the consent of his/her parent or guardian) (“Entrant”) or, if higher, the age of majority in the applicable jurisdiction. In any case, this Competition is not open to any individual under the age of fourteen (14). No payment or purchase is necessary to enter the Competition. Employees, officers and directors of Overwolf and their immediate families are not eligible to enter the Competition.
- Entrants must (a) download the Overwolf developer version, (b) use Overwolf’s Platform API (as defined below) and (c) submit their application (“App”) in accordance with the applicable Competition instructions set out on the Competition landing page located at [https://go.overwolf.com/tab-challenge/] (the “Competition Landing Page”). This Competition is also subject to the Developers’ Terms and Conditions and the applicable linked pages available at [https://overwolf.github.io/docs/topics/legal-developers-terms] (the “Developer’s Terms”). Please read them carefully. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Competition-related materials and the Terms and Conditions for the Competition, the Terms and Conditions shall prevail.
- For purposes of these Terms and Conditions, “Platform” means Overwolf’s software client which integrates apps, social media tools and functionality with games. “Platform API” means developer’s application program interface which allows developers to create applications for use on the Platform, including without limitation any software development kit which Overwolf may provide to the Entrant.
SUBMISSION PERIOD AND PROCESS
- Submissions shall be accepted from [December 24h, 2019], until [January 26th 23:59, 2020] (the “Submission Period”). All times are [Pacific Standard Time]. The Submission Period may be extended by Overwolf in its sole discretion. All entries must be received during the Submission Period to be eligible to win a prize.
- By submitting an App, each Entrant expressly accepts the Official Rules. Entrants who have not accepted the Official Rules shall not be eligible for any prizes. Apps that do not comply with the Official Rules shall not constitute valid Submissions.
- All Submissions must adhere to the following requirements:
- The Submission must be an original, previously unpublished work that does not contain or use any content, material or element that is owned by a third party or entity. The Submission cannot contain any content, element, or material that violates a third party’s publicity, privacy, moral or intellectual property rights. By submitting any App, each Entrant represents and warrants that s/he has all rights necessary (including all intellectual property and moral rights) necessary to submit such App to the Competition |and to grant Overwolf rights in such App as set forth in Section 15 below. b. Entrants may not (a) copy, sublicense, adapt, modify the Platform API; (b) develop or distribute the Platform API or App, except through the functionality expressly provided by the Platform, (c) disassemble, reverse engineer, attempt to find the underlying code of, or decompile the Platform or Platform API, or (d) circumvent any security mechanisms of the Platform or Platform API.
- In the event that there are multiple participants in your Submission, you must, in the reasonable opinion of Overwolf, clearly identify the Entrant.
- The Submission must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, indecent, torturous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Competition.
- The Submission must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to any applicable federal, state, or local laws and regulations, or the laws or regulations in any jurisdiction where the Submission was created or submitted.
- The Submission must not include any virus, worm, adware, spamware or other malicious software, or any software or programs which could violate the privacy rights of any end user or send messages (including emails or SMS) to any end user that an end user could possibly find abusive, harassing, needlessly repetitive, or any messages that violate any applicable law, rule or regulation.
- The Submission must not contain any content, material or element that displays any third party advertising, slogan, logo, and trademark or otherwise indicates a sponsorship or endorsement by a third party or commercial entity, provided however that the Submission may include any sponsor content provided by Overwolf and/or its partners solely for the purposes of making Submissions for this Competition. The Entrant may make no other use of such sponsor content.
Overwolf may, in its sole discretion, disqualify any App or Submission that does not, satisfy the foregoing requirements. Overwolf shall have no obligation to justify or explain the disqualification of any App or Submission. Overwolf may remove and/or delete any App or Submission that does not comply with the Official Rules to its satisfaction without providing any notice.
Entrants shall defend, indemnify and hold harmless Overwolf and its affiliates, employees, officers, directors, licensors, licensees, successors and assigns from any claim, damage, loss liability, expense or cost (including legal fees and court costs) connected to or arising from any violation of the Official Rules by the Entrant or anyone on Entrant’s behalf, including without limitation for infringement of any rights held by any third parties, to the maximum extent permitted by law.
SELECTION OF THE WINNER
- [3 (three)] Apps will be selected as winners of the Competition (the “Winners”). Each Winner shall be determined by a panel of judges appointed by Overwolf.
- Any decision of Overwolf regarding the selection of any Winner is final. Overwolf will not consider any appeals subsequent to the selection of a Winner.
- Overwolf currently expects that the Winners will be selected on [February 20th, 2020]. However, Overwolf may extend the Submission Period in its sole discretion. Any extension of the Submission Period will be detailed on the Competition Landing Page and/or on social networks, together with any revised Submission Period and date on which Overwolf expects that the Winner will be selected.
- The prizes to be awarded to the Winners are detailed on the Competition Landing Page. Winners are solely responsible for the payment of any and all taxes and/or other government charges in respect of any prize. Overwolf shall not be liable for the payment of any tax or fees related to the prizes.
- The Winners will be notified by email within [fourteen (14) business days] (the “Notification Period”) of their selection. The details of the Winners will be made available on the Competition Landing Page.
- In the event that Overwolf cannot for any reason contact the Winners during the Notification Period, Overwolf reserves the right in its sole discretion to select other Winners or to determine that there shall be no Winners. Overwolf further reserves the right to postpone and/or cancel the Competition at any time and at its own discretion.
- Overwolf reserves the right to select an alternative Winner in the event that Overwolf has reasonable grounds for believing that any selected Winner has contravened any of the Official Rules. Winners may be required to provide a written acknowledgement of acceptance of the Official Rules prior to receiving any prize.
- Personal information collected from Entrants as a result of any Submission will be used (a) for the purpose of administering the Competition, including for providing any notifications regarding the Competition to Entrants and (b) in order to provide Entrants with newsletters about various Overwolf products, activities, events or contests. By accepting these Terms and Conditions or making a Submission, you affirmatively consent to receive such commercial messages. You can request to stop receiving future communications from us by following the unsubscribe link located at the bottom of each communication. Please note that we reserve the right to send you service related communications, including service announcements and administrative messages, relating to the Competition, without offering you the opportunity to opt out of receiving them. By accepting these Terms and Conditions or by participating in the Competition, the Entrant grants Overwolf an irrevocable right to use any non-confidential information provided in connection with such participation in connection with the Competition, in any way, at its sole discretion, including for the purpose of publications and presentation of the information by Overwolf or anyone on its behalf (including commercial and advertising information), in accordance with any applicable laws and regulations, including the Privacy Protection Law 1981. The Entrant hereby waives, for no consideration, any right or claim with regard to the use of his/her photographs, names or his/her information by Ovewolf in scope of any publication concerning the Competition.
RIGHTS IN APPS
- Entrants retain ownership of their Apps and Submissions, provided however that the Entrants shall have no ownership of Overwolf’s Platform and Platform API. Subject to the foregoing, by submitting any Submission or App, each Entrant grants Overwolf a worldwide, exclusive (subject to the Entrant’s rights as set forth above), royalty-free, perpetual and irrevocable license to copy, modify, create derivate works, publish, display, broadcast, rebroadcast, sell and distribute such App or Submission for any purpose, including Overwolf’s own commercial purposes. Royalties, payment, advertising and other terms are detailed in the Developer’s Terms and subject thereto.
- Entrant agrees not to assert any moral rights in any App or Submission against Overwolf or any of its affiliates, and waives any and all claims against Overwolf and its affiliates in respect of any moral rights in any App or Submission.
- For more information regarding intellectual property rights with respect to any Submission or App, including after the termination of the Competition and/or of the Developer’s Terms, please see the Developer’s Terms.
- Entrants should retain copies of all submitted materials for their records. Overwolf can accept no responsibility for Submissions or Apps lost, delayed, misdirected, damaged or undelivered. Incomplete and/or illegible Submissions or Apps will be disqualified. Overwolf shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise, preventing entry to the Competition.
- The prizes are as stated and are personal and non-transferable. If due to circumstances beyond Overwolf’s control Overwolf is unable to provide a stated prize, Overwolf reserves the right to award a substitute prize of equal value. All prizes are, where applicable, subject to the additional terms and conditions of the manufacturer or supplier.
- Overwolf and its affiliates shall not be liable to the Winners for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the Competition and/or prize and the App submitted by such Winners. By entering the Competition, Entrants waive to the full extent permissible by law, any and claims that they may have against Overwolf and its licensees in respect of the Competition.
- Overwolf and its affiliates shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the Winners under these Official Rules if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions however caused, including without limitation, as a result of war, terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes.
- Overwolf may amend the Official Rules at any time in its sole discretion by posting an amended version thereof.
- These Official Rules shall be governed by and construed in accordance with the laws of Israel and the courts of Tel-Aviv, Israel shall have exclusive jurisdiction in relation to any disputes arising in respect of the Competition or the Official Rules.