OH BiBi
FRAG-O-Ween Kaz’Oolu Contest
OFFICIAL RULES
No purchase required to enter or win. A purchase will not increase your chances of winning.
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Sponsor: The FRAG-O-Ween Kaz’Oolu Contest (the “Promotion”) is sponsored by Oh BiBi., 16 Rue d'Athènes 75009 Paris France (“Sponsor”).
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Eligibility: The Promotion is open only to current players of the game FRAG Pro Shooter service run by Sponsor (as opposed to any other version of FRAG Pro Shooter) who: (a) are at least thirteen(13) years of age as of the start of the Promotion Period (defined below); and (b) have never been banned or suspended, or had an account banned or suspended, for hacking or similar violations of FRAG Pro Shooter’ license agreement(s) or Sponsor’s terms of service. Playing FRAG Pro Shooter is free, and can be accessed at http://www.fragthegame.com. Any entrant that is under the age of majority in his/her jurisdiction of residence must have their parent or legal guardian’s permission to participate in the Promotion, and must provide evidence of such permission to Sponsor in whatever form required if requested by Sponsor. Employees, officers and directors of Oh BiBi., its affiliated companies, agents thereof, the immediate family of any such person (defined as parents, children, siblings and husband or wife), or those with whom such person(s) are domiciled, are not eligible to participate. The Promotion is void where prohibited.
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Agreement to Official Rules: Participation in the Promotion constitutes the participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which is final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
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Timing: The Promotion begins on at the time the Promotion is announced on official FRAG Pro Shooter (the Sponsor’s) social channels (i.e. YouTube, Facebook, Twitter, Discord), and submission entries end on October 31st, 2021 at 11:59:59 pm Central European Summer Time (the “Promotion Period”). Submissions that are submitted before or after the Promotion Period will be disqualified. The winner will be announced on or around November 5th in a FRAG Memo YouTube video. Sponsor’s computer will be the official timekeeping device for this Promotion. Entrants are responsible for calculating the difference in time zones.
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How to Participate: To participate in the Promotion, entrants should (1) submit a photo or video of themselves with a FRAG-O-Ween Halloween Makeup look inspired by the FRAG in game Character Kaz’Oolu. (2) share their photo or upload their video to their own social channel (i.e Facebook, Twitter, Instagram, TikTok and/or YouTube) using the hashtag #FRAG666 in order for the Sponsor to locate their entry. If the participant entry does not enter the hashtag correctly their submission will not count as an entry. The photo and/or video must comply with the submission requirements stated below.
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Submission Requirements. All videos submitted to Sponsor as part of the Promotion must comply with the following Technical and Content Guidelines. Any video that violates these guidelines will not be eligible to be judged or awarded a prize:
Technical Guidelines
The video must:
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The video must not exceed more than 60 seconds in length to be judged.
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Be uploaded in a MP4 format that can be playable by the social platform the participant chooses to upload their content to (or other such formats as Sponsor may identify in Promotion-related materials);
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The video uploaded must be in 720p, 1080p or 4k in resolution;
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The video must be uploaded by the original participant’s official YouTube, Facebook, Twitter, or Instagram social channel;
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Participant’s social channels they choose to upload their video entry must have a public profile in order to be judged. Profiles that are set to private will not be judged.
Content Guidelines
The video must:
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When the participant shares their video link on their own social media channel(s), the participant must include the hashtag #FRAG666 in order to submit their entry.
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Be an original work of the entrant created specifically for the Promotion;
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Not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement;
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Not in any way disparage Sponsor, any of its products or services, the Promotion, or any person or party affiliated with the Promotion, or alternatively appear to promote any direct competitor of Sponsor;
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Not contain text or imagery that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor in its sole discretion);
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Not contain text or imagery that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor in its sole discretion);
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Not include threats (expressed or implied) to any person, place, business, or group;
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Not violate the privacy rights or any other rights of any person, business, or group;
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Not name or depict any real life third party without his/her permission;
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Not contain text or imagery that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
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Not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the image or video is created.
Limit one (1) photo or video per entrant. Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected photos or videos, which will be disqualified/not counted (as applicable), or for any error, whether human, technical or otherwise. Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be tampering with the operation of the Promotion, such as using automated submission or video generation software, or to be acting in violation of these Official Rules. In the event of a dispute as to the identity of an entrant, the authorized account holder of Oh BiBi ID account that is used to play FRAG Pro Shooter will be deemed to be the entrant. The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address that is provided by the participant when (if) contacted by (the Sponsor) through social media if selected as a winner.
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Intellectual Property: By submitting a photo or video as part of this Promotion, each entrant acknowledges and agrees to the following:
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Entrant irrevocably grants to the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the video or any part thereof as-is or edited (with or without using any entrant’s name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from any entrant or any other party.
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Entrant forever waives any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor’s use of the video, or require any entrant’s permission for the Sponsor to use the video.
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Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that use of the video, or any derivative works thereof, infringes any rights that any entrant or third party may have as creator (or co-creator) of the image including, without limitation, copyrights, trademark rights, and moral rights.
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Entrant irrevocably grants to Sponsor, its agents, licensees, and assigns an unconditional, worldwide, royalty-free and perpetual (non-exclusive) right and permission to use the entrant’s name, image, voice, and other likenesses that are included in the video or which are shared with Sponsor as part of entrant’s participation in the Promotion, in any media now known or later invented for any commercial purpose, including without limitation advertising or marketing of Sponsor’s products and services, without further compensation or the right to approve such uses.
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Winner Selection: After the Promotion Entry Period has ended, the Oh BiBi Community Managers (the Sponsor) will be able to view all eligible entries through the hashtag #FRAG666 that was shared on the participants' social media channel. The Oh BiBi Community Managers (the Sponsor) will select 1 Grand Prize winner and 10 random winners from all eligible entries. The potential winners will be selected based on the requirement: (1) Kaz’Oolu Makeup Inspired Look; and the next qualifier will be based on the following criteria: (1) Kaz'Oolu "Most Accurate" makeup look, (2) Kaz'Oolu "Most Creative" makeup look, and (3) Photo and/or Video "Most Creative" with their makeup look. This criteria will be judged off a rating scale with the Oh BiBi Community Managers.
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Notification and Requirements of the Potential Winners: The potential winners will be notified after the date of selection via social media direct message (or other means of communication as Sponsor may select). The potential prize winners may be asked to submit additional personal information in order to confirm eligibility and award the prize. Potential prize winners may also be asked to sign an Affidavit of Eligibility or Declaration of Compliance (as may be applicable given the location of the potential prize winner) unless this is prohibited by law. If the potential winners cannot be contacted, fails to respond to the notification within the required time period (if applicable), or fails to sign and return the Affidavit or Declaration within the required time period (if applicable), he/she will be disqualified and will forfeit the prize. If a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate potential winner to be chosen based upon the winner selection criteria described in Section 8.
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Prizes: The Grand Prize winner will win a Ninentod Switch and a FRAG-O-Ween Trophy with an approximate retail value of each prize is up to approximately $350 USD. 10 entries will be selected at random to win a Legendary Implants Chest and 1,000 Diamonds with an approximate value of $30.00 USD.
The in-game items are usable only in FRAG Pro Shooter. These items have no cash value. No cash or other substitution is allowed except by the Sponsor who may substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value, as determined by the Sponsor in its sole discretion. The prize is not transferable or refundable and must be accepted as awarded. The winners are responsible for any and all other costs and expenses not listed above. Winners will be responsible for payment and reporting of all applicable taxes associated with the receipt and usage of a prize. Sponsor may report the receipt of any prize to the appropriate federal, state, or local taxing agency(ies). Please allow at least thirty (30) days for the in-game prizes to be reflected in the winners’ accounts once winners have been confirmed.
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Warranties and Representations: By submitting a photo or video, each entrant warrants and represents that: (i) the photo or video is original to the entrant, (ii) the photo or video does not infringe the intellectual property, privacy, publicity, or any other rights of any third party, (iii) the photo or video does not violate any law, regulation, or any provision of these Official Rules, (iv) the photo or video has not previously been entered in any other contest or promotion, (v) the photo or video has not been previously published in any medium; (vi) the entrant has read and understood these Official Rules, (vii) at all times the entrant have complied fully with these Official Rules; and (viii) the entrant will continue to comply in full with these Official Rules until the Promotion has been completed.
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Privacy and Publicity: Except as set forth herein, all information submitted by entrants in the Promotion will be treated according to the Sponsor’s Privacy Policy (https://www.ohbibi.com/privacy-policy/). Except where prohibited, participation in the Promotion constitutes entrant’s consent to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and country and state or province of residence for promotional purposes in any media without further payment or consideration.
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Indemnification: By entering, entrants agree to defend, indemnify and otherwise hold Sponsor, its parent and affiliated companies, and the agents, officers, directors, and employees of each (collectively the “Released Parties”) harmless from and against any and all liability of any nature whatsoever arising out of or relating to (a) any technical errors that may prevent entrants from participating in any way; (b) unauthorized human intervention in the Promotion; (c) errors in the administration of the Promotion; and (d) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use of any prize, including any such claim by the Released Parties’ employees or any third parties. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
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Disputes: Except where prohibited, all entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Paris, France. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Paris, France, without giving effect to any choice of law or conflict of law rules (whether of Paris or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Paris.
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General Conditions: In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules or (b) award the prizes from among the submissions received up to the time of the impairment. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The Promotion is void where prohibited.
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Winners List: The winners will be announced by Sponsor on social media and in a FRAG Pro Shooter Official video no later than fifteen (15) days after all winners have been confirmed.
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