We're honored to host Landis Fields in our second monthly FB Live Artist Spotlights! During the stream we’ll talk with Landis about his creative process in VR and walk through various tools within the Medium sculpting experience.
We'll be giving away a 3D printed sculpt at the end of the stream.
Medium Live Giveaway
Official Rules
- NO
PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND
WILL NOT INCREASE YOUR CHANCES OF WINNING. - ALL DISPUTES WILL BE RESOLVED
SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING
CLAIMS IN A CLASS ACTION FORMAT. - THIS SWEEPSTAKES IS IN NO WAY SPONSORED,
ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”). - NOTE TO ALL
MINOR ENTRANTS: YOU MUST ASK YOUR PARENT OR LEGAL GUARDIAN
FOR PERMISSION AND HELP TO ENTER. A
MINOR WINNER’S PARENT/LEGAL GUARDIAN WILL BE REQUIRED TO PARTICIPATE IN
THE PRIZE FULFILLMENT PROCESS AND REQUIRED TO EXECUTE THE PRIZE ACCEPTANCE
DOCUMENTS OR THE PRIZE MAY BE FORFEITED.
EACH MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY
THESE OFFICIAL RULES BOTH INDIVIDUALLY AND ON BEHALF OF MINOR ENTRANT.
BY
ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO
THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY
BEFORE ENTERING. WITHOUT LIMITATION,
THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A
LIMITATION OF YOUR RIGHTS AND REMEDIES.
1.
Eligibility. The Medium Live Giveaway (the “Sweepstakes”) is open only to individuals
who are legal residents and physically located in one (1) of the fifty (50)
states in the United States (including the District of Columbia), the United
Kingdom, Canada (excluding Quebec), France, Germany, Netherlands, Norway,
Poland or Japan and who are at least thirteen (13) years of age or older at the
time of entry. Employees, officers and
directors of Oculus VR, LLC (“Sponsor”), its parent, and each of
their respective affiliates, subsidiaries, advertising and promotion agencies,
distributors and other prize suppliers (collectively, the “Sweepstakes Entities”), and each of such employees’, officers’ and
directors’ immediate family members and/or those living in the same household
(whether legally related or not) of each are not eligible to enter the
Sweepstakes or win a prize. For purposes
of this Sweepstakes, immediate family members are defined as spouse, partner,
parents, legal guardians, in-laws, grandparents, siblings, children and
grandchildren and those living in the same household
shall mean people who share the same residence at least three (3) months a
year, whether legally related or not.
Void where prohibited by law. By participating in the Sweepstakes, each entrant
unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of
Sponsor, including the interpretation of these Official Rules and its exercise
of discretion, which will be final and binding in all respects.
2. Entry Period. The Sweepstakes begins on or about: 1:00 p.m. Pacific
Time (“PT”) on Wednesday, October 26,
2016 and ends at 1:40 p.m. PT on
Wednesday, October 26, 2016 (the “Entry
Period”).
3.
How to Enter. To participate and enter this Sweepstakes,
individuals will need a Facebook account
(“Facebook Account”). If you don’t
already have a Facebook Account, visit www.facebook.com to
create a Facebook Account; creating a Facebook Account is free. By submitting your information and creating a
Facebook Account, you will be required to agree to the Facebook’s Statement of
Rights and Responsibilities and Data Use Policy. If you do not agree to Facebook’s terms and
privacy policy, you cannot create a Facebook Account or participate in this
Sweepstakes. Once logged into your
Facebook Account, to enter the Sweepstakes, visit the Oculus Facebook Page at https://www.facebook.com/oculusvr. Next, click
on the Oculus invitation to watch an Oculus Facebook “Live Stream” taking place
during the Entry Period. Any viewer of
the Live Stream can enter the Sweepstakes, during the Entry Period, by placing
a non-offensive or abusive comment in the comments section of the Oculus Live Stream
that includes the hashtag “#oculusmedium”.
Use of the hashtag “#oculusmedium” in the comment will constitute
entrants’ acceptance of these Official Rules.
Limit
of one (1) entry per person will be accepted.
Subsequent attempts made by the same individual to submit multiple
entries by using multiple or false contact information or otherwise may result
in the entrant being disqualified.
Entries generated by a script, computer programs, macro, programmed,
robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated
limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false,
lost, late or misdirected, deceptive or otherwise not in compliance with the
Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and
absolute discretion. In the event of a
dispute over the identity of an online entrant, entry will be deemed submitted
by the registered account holder of the email address associated with the entry
for the domain associated with the submitted address provided that person is
eligible. Winner may be required to show
proof of being the registered account holder.
Registered account holder is defined as the person assigned to an email
address by an Internet access provider, on-line service provider or other
organization responsible for assigning email addresses. In the event a dispute regarding the identity
of the individual who actually submitted an entry cannot be resolved to
Sponsor’s satisfaction, the affected entry will be deemed ineligible.
4.
Winner Selection and Prize Claiming. There will be one (1) winner selected for this
Sweepstakes. The potential winner will
be selected through a random drawing from among all other entrants who
submitted a comment during the Entry Period at the end of the Live Stream from
all eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over
interpretation of the Official Rules, of administration of the Sweepstakes, and
selection of the winner. Decisions of
the Sponsor as to the selection of the winner will be final. Unless Sponsor already has contact
information (e.g., email address) for the potential winner, the potential
winner will be notified after the Entry Period by posting a comment under the
potentially winning post and Sponsor will provide an email address (or other
contact information) where the potential winner can send or otherwise deliver
their prize claim. Notification is
deemed to have occurred immediately upon the posting of a comment on the
potentially winning post via Facebook or sending of an email to the potential
winner and the potential winner must respond within twenty-four (24) hours or
such individual with otherwise be automatically disqualified. The Sweepstakes Entities are not responsible
for failure of a potential winner to contact Sponsor within twenty-four (24)
hours after being notified that they are a potential winner. Before being declared a winner, the selected
entrant who is a resident of Canada will be required to correctly answer a
mathematical skill-testing question without mechanical or other aid, to be
administered over the phone or in writing. Failure to correctly answer the
skill-testing question will result in the potential winner forfeiting the prize
and an alternate potential winner being randomly selected.
The
potential winner may be required to submit an affidavit of eligibility / release
of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit
within the time period specified at notification before being eligible to
receive his or her prize. If any
potential prize winner fails or refuses to sign and return such Affidavit
within the time period required by Sponsor or if the prize or prize
notification is returned as rejected, faulty, unclaimed or returned as
undeliverable to such potential prize winner, such potential prize winner may
be disqualified and an alternate may be selected. Non-compliance shall result in disqualification
and award of the prizes to an alternate winner.
Parents or legal guardians of any prize winner under the age of majority
may be required to also sign the Affidavit in order for the prize winner to be
qualified to receive his or her prize.
If any potential prize winner is found to be ineligible, or if he or she
has not complied with these Official Rules, or if the potential prize winner
cannot attend or participate in any portion of the prize, or declines a prize
for any reason prior to award, such potential winner may be disqualified and an
alternate potential winner may be selected.
If, for any reason, more bona fide winners come forward seeking to claim
prizes in excess of the number of each type of prize set forth in these
Official Rules, the winners, or remaining winners, as the case may be, of the
advertised number of prizes available may be selected in a random drawing from
among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each
entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible
for and shall not be liable for late, lost, damaged, intercepted, misdirected,
or unsuccessful efforts to notify the potential winners, or if potential winner
is a minor, for late, lost, misdirected, or unsuccessful efforts of potential
winner to provide signed parental or guardian consent.
5.
Odds. Odds of winning will depend upon the total
number of entries received.
6. Prize and Values. The
prize winner will receive 3D printed sculpt that is hand sculpted in Medium,
with an approximate retail value (“ARV”)
of $150.00.
Prize
is non-transferable, with no cash redemptions, equivalents or substitutions
except at Sponsor’s sole and absolute discretion. All prize details not specified in these
Official Rules will be determined in Sponsor’s sole and absolute
discretion. Prize details and
availability are subject to change and prize provider’s rules and restrictions,
and in the event that Sponsor is unable to provide the winner with his or her
prize, the Sponsor may elect to provide the winner with the approximate value
of such item in cash or award an alternate prize of comparable or greater
value. The
prize is 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). The prize winner will be solely responsible
for all federal, state, local and/or provincial taxes, and for any other fees
or costs associated with the prize they receive, regardless of whether they, in
whole or in part, are used. The ARV of
the prize is based on available information provided to Sponsor and the value
of any prize awarded to a winner may be reported for tax purposes as required
by law. The winner may be required to
provide Sponsor with a valid social security number (if winner is residing in
the U.S.) before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of
winner, or if a minor in the jurisdiction in which s/he resides, in the name of
his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed
prizes will be forfeited. Prizes, if
legitimately claimed, will be awarded.
Sponsor is not responsible for and will not replace any lost, mutilated
or stolen prizes or any prize that is undeliverable or does not reach the
winner because of an incorrect or changed address. If the winner does not accept or use the
entire prize, the unaccepted or unused part of the prize will be forfeited and
Sponsor will have no further obligation with respect to that prize or portion
of the prize. No more than the stated
prizes will be awarded. The winner is
strictly prohibited from selling, auctioning, trading or otherwise transferring
any part of the prize. The total ARV of
all prizes awarded in this Sweepstakes: U.S. $150.00.
7.
Publicity Release. Subject
to applicable law, winner irrevocably grants the Sweepstakes Entities and each
of their licensees, and its and their successors, assigns and sub-licensees the
right and permission to use his/her name, voice, likeness and/or biographical
material for advertising, promotional and/or publicity purposes in connection
with the Sweepstakes, in all forms of media and by all manners (now and
hereafter known), and on and in connection with related products, services,
advertising and promotional materials (now known or hereafter developed),
worldwide, in perpetuity, without any obligation, notice or consideration
except for the awarding of the prize to the winner. Entrants agree not to issue any publicity
concerning the Sweepstakes Entities.
8.
Tampering with Sweepstakes. The
Sweepstakes Entities are not responsible for the actions of entrants in
connection with the Sweepstakes, including entrants’ attempts to circumvent the
Official Rules or otherwise interfere with the administration, security,
fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any
aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction,
error, disruption or damage may be disqualified. Additionally, any attempt to cheat the
Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may
result in immediate disqualification of the entrant, as well as other possible
consequences, including disqualification from any and all existing and future
sweepstakes. ANY ATTEMPT BY A PERSON TO UNDERMINE
THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND
CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO
SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW. Sponsor
reserves the right, at its sole and absolute discretion, to disqualify (or
terminate the prize of) any individual who is found to be, or suspected of,
acting in violation of these Official Rules, or to be acting in an
unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to
annoy, abuse, threaten or harass any other person.
9.
Suspension / Modification / Termination. In the event Sponsor is prevented from
continuing with the Sweepstakes by any event beyond its control, including, but
not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or
strike, act of God or public enemy, communications or equipment failure,
utility or service interruptions, riot or civil disturbance, terrorist threat
or activity, war (declared or undeclared), interference with the Sweepstakes by
any party, or any federal, state, local or provincial government law, order, or
regulation, order of any court or jurisdiction, or other cause not reasonably
within Sponsor’s control (each a “Force Majeure” event or occurrence)
Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or
prize. Sponsor additionally reserves the
right, in its sole and absolute discretion: (a) to modify, suspend or terminate
the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere
with the administration, integrity, operation, security or proper play of the
Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i)
tampering with the entry process or the operation of the Sweepstakes; (ii)
acting in violation of these Official Rules; or (iii) acting in an
un-sportsmanlike manner.
10.
Waivers, Disclaimers and Releases. By
participating in the Sweepstakes, entrant agrees to release, discharge,
indemnify and hold harmless the Sweepstakes Entities, Facebook, and each of their respective directors, officers,
employees, agents, successors and assigns (“Released Parties”) from and
against any and all claims, liability, costs (including attorneys’ fees),
losses, damages, fines or injuries (up to and including bodily injury and
death) of any kind arising out of or related to: (i) entrants’ participation in
the Sweepstakes (including travel to/from any Sweepstakes activity); (ii) any acceptance,
possession, misuse or use of any prize (including, without limitation, losses,
damages or injuries to entrant’s or any other person’s equipment or other
property, or to their persons, including those arising from any travel to/from
any prize event or activity); (iii) the Released Parties’ violation of rights
of publicity or privacy, claims of defamation or portrayal in a false light or
based on any claim of infringement of intellectual property; and (iv) any
typographical, human or other error in the printing, offering, selection,
operation or announcement of any Sweepstakes activity and/or prize. The Released
Parties are not responsible for any changes or unavailability of the social
media platform used for purposes of administering this Sweepstakes that may
interfere with the Sweepstakes (including any limitations, any restrictions, or
any conditions on Sponsor’s ability to use the social media platform for the
Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability
of entrant to timely enter, receive notices or communicate with Sponsor via the
social media platform, in which case Sponsor, in its sole discretion, may
terminate or modify the Sweepstakes.
11. Entry Information and Sweepstakes
Communications.
As a condition of entering the Sweepstakes, each entrant gives
consent for Sponsor to obtain and deliver his or her name, address and other
information to third parties for the purpose of administering this Sweepstakes
and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor
may be used to communicate with entrant in relation to this Sweepstakes or on a
Sweepstakes winner’s list.
12. Governing Law / Limitation of Liability. All
issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules or the rights and obligations of
entrants, Sponsor or the Released Parties in connection with the Sweepstakes
will be governed by and construed in accordance with the internal laws of the
State of California, without giving effect to any choice of law or conflict of
law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES,
ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL
DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE
SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT
RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND
AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF
ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES
BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE
PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY
WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET
EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES
MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A
CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO
SEEK INJUNCTIVE OR EQUITABLE RELIEF.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF
LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Dispute Resolution. The
parties each agree to finally settle all disputes only through arbitration;
provided, however, the Sponsor shall be entitled to seek injunctive or
equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction
over the parties. In arbitration, there
is no judge or jury and review is limited.
The arbitrator’s decision and award is final and binding, with limited
exceptions, and judgment on the award may be entered in any court with
jurisdiction. The parties agree that,
except as set forth above, any claim, suit, action or proceeding arising out of
or relating to this Sweepstakes shall be resolved solely by binding arbitration
before a sole arbitrator under the streamlined Arbitration Rules Procedures of
JAMS Inc. (“JAMS”) or any successor
to JAMS. In the event JAMS is unwilling
or unable to set a hearing date within fourteen (14) days of the filing of a
“Demand for Arbitration”, then either party can elect to have the arbitration
administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration
service. If an in-person hearing is
required, then it will take place in Los Angeles, California. The federal or state law that applies to
these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an
individual basis and will not be consolidated with any other proceedings that involve
any claims or controversy of another party, including any class actions;
provided, however, if for any reason any court or arbitrator holds that this
restriction is unconscionable or unenforceable, then the agreement to arbitrate
doesn’t apply and the dispute must be brought in a court of competent
jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and
arbitrator’s fees in order to conduct the arbitration (but specifically
excluding any travel or other costs of entrant to attend the arbitration
hearing). Either party may,
notwithstanding this provision, bring qualifying claims in small claims court.
14.
Name of Sweepstakes Winner. To
receive the name of the winner, send an email to social@oculus.com or a self-addressed
stamped envelope to “Oculus Connect Giveaway Winners List”; Oculus VR, LLC,
1601 Willow Road, Menlo Park, California 94025.
All requests must be received by January 1, 2017.
15.
Miscellaneous. The invalidity or unenforceability of any
provision of these Official Rules or the Affidavit will not affect the validity
or enforceability of any other provision.
In the event that any provision of the Official Rules or the Affidavit
is determined to be invalid or otherwise unenforceable or illegal, the other
provisions will remain in effect and will be construed in accordance with their
terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of
these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim
ambiguity of these Official Rules.
Headings are solely for convenience of reference and will not be deemed
to affect in any manner the meaning or intent of the documents or any provision
hereof. In the event there is a
discrepancy or inconsistency between disclosures or other statements contained
in any Sweepstakes-related materials, privacy policy or terms of use on Facebook
and/or the terms and conditions of the Official Rules, the Official Rules shall
prevail, govern and control and the discrepancy will be resolved in Sponsor’s
sole and absolute discretion.
16.
Sponsor. This Sweepstakes is sponsored by Oculus VR,
LLC, 1601 Willow Road, Menlo Park, California 94025.
