Full Contest Rules

OFFICIAL RULES

Important:  Please read these Official Rules before entering this contest (the “Contest“).
By participating in the Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.

PROMOTION VOID WHERE PROHIBITED.

1. Eligibility. THIS CONTEST IS OPEN ONLY INDIVIDUALS WHO ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW) AS OF THE START DATE OF THE CONTEST.  RESIDENTS OF QUEBEC, CUBA, IRAN, MYANMAR, NORTH KOREA, SUDAN, SYRIA, RUSSIA AND THE DISPUTED AREA OF CRIMEA ARE NOT ELIGIBLE TO PARTICIPATE.  THE CONTEST IS VOID IN THOSE PROVINCES AND COUNTRIES AND WHEREVER OTHERWISE RESTRICTED BY LAW. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND OTOY, INC. (“SPONSOR” or “OTOY“) RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU.  To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below.  Directors, officers and employees of Sponsor, Oculus VR, LLC, and any of its agents, professional advisors, independent contractors, advertising and promotional agencies, and immediate families of each are not eligible to win any prize.  All applicable federal, state and local laws and regulations apply.
2. Disclaimer. Sponsor, Oculus VR, LLC (“Oculus”), all participating sponsors (if any, as mutually agreed upon by the parties) and any of the foregoing’s respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties“) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
3. Contest Period. The Contest starts at 12:00 AM (all times Pacific Time) on April 27, 2015, and ends at 11:59 PM on July 26, 2015 (the “Contest Period“).  Entries will be separately judged and prizes will be awarded on a monthly basis during the contest period with three separate consecutive one month entry periods running from the start of the Contest Period each a “Monthly Entry Period” (i.e., each Monthly Entry Period will extend from 12:00 AM on the 27th of each month of the Contest Period until 11:59 PM on the 26th of the following month).  Entries entered in one month of the Contest Period will not be carried over or considered for prizes in any subsequent month and may not be re-entered in a subsequent month.   All entries must be received during the applicable one month entry period of the Contest Period to be considered for that Monthly Entry Period and must meet all other requirements in these Official Rules to be eligible to win a prize.
4. How to Enter. To enter the Contest, take the following steps during the Contest Period:

(i)        First, render a visually and technically interesting 360 degree scene created using OTOY’s OctaneRender software that it suitable for display on the Oculus operating system (the “Scene”); and

(ii)       Second, complete the required entry information requested of you at the OTOY contest forum located at  https://render.otoy.com/comp/oculus.php and upload a file containing the Scene to the forum in accordance with the instructions that you will find there. You must include your full legal name, email address, mailing address, and telephone number in the form where you submit your Scene, so we can contact you and confirm that the information that you provide is consistent with your being eligible to participate.  Together, your Scene and your completed submission form are your “Submission.”

By submitting your Submission, you agree to the license terms set forth in Section 10 below, and that your Submission conforms to the Content Guidelines and Restrictions listed below and that failure to comply may result in disqualification.  

Content Guidelines and Restrictions:

• Your Submission must be your original creation and owned one hundred percent (100%) by you;
• If you are currently employed or enrolled in a school or institution, your Submission must not violate any code of conduct or other policies of your employer or the institution in which you are enrolled;
• Your Submission must not contain material that violates or infringes upon any person’s or entity’s rights including, without limitation, moral rights, rights of publicity, rights of privacy (including, without limitation, the right not to be held in a false light), trademarks, copyrights, or other intellectual property or proprietary rights;
• Your Submission must not contain any music or sound;
• Your Submission must not disparage any person, product, service, or entity;
• Your Submission must not be inappropriate for or harmful to Sponsor’s brand or image, and it must not contain material that is inappropriate (including, for example, content that promotes violence, alcohol, hate, gambling, cigarettes, or illicit drugs), indecent, obscene, hateful, tortious, or defamatory; and
• Your Submission must not contain material 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
• Your Submission must not contain material that violates any applicable law or regulation or contain any descriptions or depictions of illegal behavior, including, but not limited to, any depictions of any persons violating applicable laws, ordinances, or regulations of any nature.

For All Entries:  You may make an unlimited number of unique Submissions.  You may not change your Submission after entry. All requested information and material must be provided for your entry to be valid.  Failure to submit all required information in the manner required in these Official Rules may result in disqualification.  Proof of online entry will not be deemed to be proof of receipt of entry by Sponsor. By entering the Contest, you consent to receive promotional material and e-mail, telephone and other communications from Sponsor and/or Oculus regarding the Contest and for other purposes.  To enter, you must have a current license to the OTOY OctaneRender software.

5. Selection and Notification of Winners.

(i)        Monthly Entry Period Winners.  Within two weeks after the close of each Monthly Entry Period during the Contest Period a panel of qualified judges made up of Sponsor and Oculus personnel (the “Judging Panel”) will review and score the eligible Submissions and choose the top three winning Submissions based on the following criteria (the “Judging Criteria“):

(a)        The most apt, original, and interesting Scene;

(b)       Consistency with the Contest’s overall theme of most technically and visually interesting scene;

(c)        Viewing experience, navigability, and interactivity of the Scene using an Oculus headset;

(d)       Overall creativity of the Scene; and

(e)        Overall quality of presentation the Scene.

Monthly Entry Period winners will be determined by the Judging Panel in its sole discretion and based on the Submission’s score in the Judging Criteria. The first place winner of each Monthly Entry Period (each, a “Finalist”) will be eligible for the grand prize, which grand prize winner will be determined in accordance with Section 5(ii) below.  You may not win more than one prize per Monthly Entry Period (excluding the Finalist in the last Monthly Entry Period, who is eligible to win the grand prize even if awarded in the same month).  In the unlikely event that there is a tie, the Submission that received the highest score in the following category will be deemed the winner: Consistency with the Contest’s overall theme of most visually and technically interesting Scene.

(ii)            Grand Prize Winner.   Within two weeks after the close of the Contest Period the Judging Panel will review and score the three Finalist Submissions and choose the grand prize winner based on the Judging Criteria.  In the unlikely event that there is a tie, the Submission that received the highest aggregate score from both rounds of scoring in the following category will be deemed the grand prize winner: Consistency with the Contest’s overall theme of most visually and technically interesting Scene.

(iii)           All Winners.  Each potential monthly and grand prize winner will be notified by posting on the forum where entries are made and by mail or e-mail within one week after the winners are selected for each Monthly Entry Period and, in the case of the grand prize winner, within one week after the grand prize winner has been selected.  To claim a prize, each winner must follow the instructions contained in his or her notification.

6. Identity of Entrant. If a dispute arises about the identity of an entrant, the authorized account holder of the e-mail address associated with the e-mail address submitted at the time of entry will be considered the entrant.  An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  The potential winners may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with a winning entry.
7.      Prizes.      

(i)    Monthly Entry Period Prizes.  One first place winner for each Monthly Entry Period will receive US$10,000. (Approximate Retail Value (“ARV“): US$10,000).  One second place winner for each Monthly Entry Period will receive US$5,000.  ARV: US$5,000.   One third place winner for each Monthly Entry Period will receive US$2,500.  ARV: US$2,500.  

(ii)   Grand Prize.   One grand prize winner will receive US$25,000.  ARV of grand prize:  US$25,000.

8. Odds; Taxes, Etc. Odds of winning a prize depend on the number and quality of eligible entries received.  ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.  All prizes will be awarded.  If a prize is returned as undeliverable or otherwise not claimed within fifteen (15) days after delivery of notification, the prize will be forfeited and awarded to the next highest scoring entrant.  Prizes are not transferable.  No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize.  Any and all prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  All prizes will be awarded in cash or check, as determined by Sponsor.
9. Non-Infringing Entry Materials. You hereby represent and warrant that (a) you have all necessary rights, permissions, power, legal capacity, and authority to grant the rights granted herein (including without limitation in Section 10 below) and that no third party consents are required in order for Sponsor or Oculus to exercise their rights under these terms; and (b) your Submission and the use thereof as contemplated herein does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including without limitation any copyright, trademark, moral rights, or any rights of publicity or privacy, or any other intellectual property or proprietary rights, or entitle any third party to claim equitable remuneration.
10. License to Submissions. By entering the Contest and submitting your Submission, you hereby grant to Sponsor and to Oculus a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license, with a right to sublicense, to publish, reproduce, copy, display, perform, communicate to the public, host, stream, distribute, adapt, edit, modify, enhance, translate, create derivative works based upon, and otherwise use your Submission, or any portion thereof, in connection with the Contest and for any other purposes.  Neither Sponsor nor Oculus will have any obligation to use or retain any Submission that you submit or to return any such Submission or Contest entry materials to you.  You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph.  You also agree to take, at Sponsor’s expense, any further action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by Sponsor to effect, perfect, or confirm Sponsor’s rights set forth above in this paragraph and elsewhere in these Official Rules.  You will not be entitled to compensation for any use by Sponsor or Oculus, or their agents, licensees or assignees, of your Submission.  Without limiting the generality of the foregoing, Sponsor, Oculus and their licensees may (a) use, access, copy, distribute, display and perform (publicly or otherwise) the Scene directly and indirectly in connection with or as part of an Oculus Service; and (b) modify or enhance or create derivative works of the Scene as necessary or desirable for Sponsor and Oculus to accomplish the foregoing. “Oculus Service” means the features and services that Oculus and/or its affiliates makes available to users, developers and other third parties through: (i) the website currently at OculusVR.com and any other Oculus branded or co-branded website; (ii) the Oculus platform; (iii) the Oculus application currently named ‘Oculus 360 Photos’, and/or (iv) any or all Oculus products, applications or services that are developed or marketed in whole or in part by or for Oculus.  This license includes the right for Sponsor and Oculus to allow users to access and use the Scene. 
11. General Release. By entering the Contest, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
12. Use of Winner’s Name, Likeness, etc. Except where prohibited by law, entry into the Contest constitutes permission to use each winner’s name, likeness, persona, hometown, and prize information in all media now known or later devised (including without limitation in the Recordings throughout the universe in perpetuity for all purposes Sponsor and Oculus deems appropriate—including, without limitation, for advertising, marketing, and promotional purposes—without further permission or compensation.  As a condition of being awarded any prize, except where prohibited by law, each winner may (in Sponsor’s sole discretion) be required to execute a written consent, confirming Sponsor’s and Oculus’ right to use such winner’s name, likeness, persona, hometown, and prize information without further permission or compensation.
13. Privacy. Please refer to Sponsor’s Privacy Policy at http://home.otoy.com/terms-and-conditions/ for information about how Sponsor collects, uses and discloses your information, and refer to Oculus’s Privacy Policy at https://www.oculus.com/privacy for information about how Oculus collects, uses and discloses your information.
14. Affidavit and Release. As a condition of being awarded any prize, each winner may (in Sponsor’s sole discretion) be required to execute and deliver to Sponsor a signed affidavit of eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.
15. Winner List; Rules Request. Names of Winners and the their winning Scenes will be posted on the forum where entries are made. To obtain a copy of these Official Rules or a mailed copy of the list of Winners, send a request with subject line “OTOY Oculus 360 Scene Contest Official Rules Request” to the address listed below.  The list of Winners will remain available upon request for one year after the end of the Contest Period.
16. Miscellaneous. The Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of California, U.S.A. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.  Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor’s control affect the administration, security or proper play of the Contest, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned.  Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Contest, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned.  Entrants who violate these Official Rules; violate any law, rule, or regulation in connection with participation in the Contest; tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest, or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from entry into the Contest.  Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest.  Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect.  The Contest and all accompanying materials are copyright 2015 by OTOY, Inc.  All rights are reserved.  If you have any questions about these Official Rules or the Contest, please send them to [email protected].
17. Sponsor: OTOY, Inc., 1010 Wilshire Blvd. Suite 1604, Los Angeles, CA 90017.