Official Rules for the 2020 May Zoom Virtual Background Contest
No Purchase Required to Enter or Win. A Purchase will not increase your chances of winning a prize. Void Where Prohibited or Restricted By Law.
- Sponsor: The Promotion is sponsored by Zoom Video Communications, Inc. (“Zoom”) 55 Almaden Blvd., 6th Floor, San Jose, CA 95113.
- Eligibility: The May Zoom Virtual Backgrounds Contest (the “Promotion”) is open only to lawfully registered users of Zoom’s meeting services who are at least eighteen (18) years of age or have reached the age of majority in their jurisdiction of residence (each, an “Entrant”) and who are using a generally available version of Zoom’s meeting services containing the customizable virtual background feature (“Services”). Employees of Zoom, or its affiliates and companies associated with the advertisement and marketing of the Promotion (as applicable), as well as the immediate family and household members of each employee of the foregoing companies are not eligible. Participation in the Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules. Zoom’s decisions with respect to the Promotion are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Promotion and Entry Period: The Promotion begins at 00:00:01 PT on May 1, 2020 and ends at 11:59:59 PT on May 31, 2020, whichever is earlier (the “Promotion Period”). The Promotion will consist of multiple entry periods. The “Initial Entry Period” begins at 00:00:01 PT on May 1, 2020 and ends at 11:59:59 PT on May 31,, 2020. A “Recurring Entry Period(s)” begin at 00:00:01 PT on the first day of each successive calendar month and end at 11:59:59 PT on the last day of that same calendar month. The Initial and any Recurring Entry Periods may individually be referred to as the “Entry Period”. Following the conclusion of each of the Initial and Recurring Entry Periods, Zoom will select the winners for that Entry Period in accordance with the criteria set forth in these Official Rules. Zoom’s discontinuation of the Promotion shall be effective at the end of the calendar month in which it publicly announces the Promotion has been discontinued, except as Zoom may otherwise specify in its sole discretion. Only Entries submitted during a given Entry Period will be considered for selection in that Entry Period. Entries will not be “rolled over” from one Entry Period to another if not selected as a Winner (as defined below). Entries submitted after the Entry Period shall apply to the following Entry Period.
- How to Enter: To enter, submit a single image or video, showing you using the
Zoom virtual background feature in a creative, funny, or innovative way in
accordance with the instructions stated on the official submission form
provided on the Zoom Promotion webpage specified in these Official Rules
(each properly submitted image or video, an “Entry”). You may submit no more
than one Entry for consideration per Entry Period. Entries must be submitted in
one of the standard file formats supported on the submission form in order to
be considered. Zoom is not responsible for supporting image or video file
formats that are not supported on the submission form. Submitted image and
video file sizes cannot exceed 100 megabytes.
Visit https://zoom.us/docs/en-us/virtual-background.html for the Promotion description and submission form. By submitting an Entry, you warrant that you have all right, title and interest in and to the content of the Entry; that you have obtained consent from all persons appearing in the submission and can grant to Zoom the licenses and permissions herein; and that, to the extent any intellectual property in the Entry is not owned by you, that you have a valid license to use the intellectual property and transfer to Zoom a license to use it, as well, as described below. You further warrant that any Entry you submit is free of any viruses or other similar forms of malicious code or computer programming. In addition to any other remedies that may be available to Zoom, Entries submitted by you in violation of these Official Rules, including Entries that breach any of the warranties stated in these Official Rules, may be disqualified in Zoom’s sole discretion.
- Winner Selection and Notification: Three (3) winning Entries (each, a “Winner”) will be selected per Entry Period based on a cumulative score in the following categories: (i) Aesthetic and Production Value of Entry (e.g., completeness of vision, execution of such vision, clarity of setting and theme) (40%); (ii) Creativity of Entry (e.g., originality of Entry as compared to other Entries from other Entrants) (40%); (iii) Entertainment Value (e.g., the Entry’s ability to evoke laughter or capture a viewer’s interest in a compelling and positive manner) (20%). A panel of judges from Zoom’s marketing, product management, and/or product marketing teams will score all virtual background Entries. All ties will be broken by the judges. The decision of the judges will be in their sole and absolute discretion and may not be contested or appealed by any Entrant. Each Winner will be notified via email using the e-mail address provided at the time of Entry. Winners must acknowledge and respond to any email notice within ten (10) days or Zoom reserves the right to award a prize to the next runner up in the Promotion. No other notice will be provided. In the event an Entrant’s Entry is selected as a Winner during the Promotion Period, then such Entrant will no longer be eligible for participation in the Promotion. Subsequent Entries by a Winner in Entry Periods following the Entry Period in which an Entrant’s Entry was selected as a Winner will be disqualified. If an Entry is not selected as a Winner in a given Entry Period, that Entrant may submit the same Entry in subsequent Entry Periods, subject to the terms, conditions and limitations stated in these Official Rules.
- Prizes: Two winners will receive one (1) Ultimate Ears HYPERBOON (details available at https://www.ultimateears.com/en-us/wireless-speakers/hyperboom.html). Prizes are non-transferable and cannot be substituted for like value, returned, or exchanged.
- Odds of Winning. The odds of winning depend upon the number of eligible Entries received during the Entry Period.
- Additional Requirements for Winners and Other Entrants: Except where prohibited, Winners and Entrants will be required to expressly consent to Zoom’s use of the image(s) or video(s), and the likeness(es) portrayed in those images or videos, submitted as Entries by such Winners and Entrants (as applicable), to promote the Promotion. By submitting an Entry, you indicate your express agreement to these Official Rules and thereby consent to the uses described herein. In addition, except where prohibited, Zoom may require Winners and Entrants to sign and return an affidavit of eligibility, and a liability/publicity release (“Affidavit and Release”). The Affidavit and Release will be provided separately if it is required. All documents requested by Zoom, including the Affidavit and Release must be signed, notarized, and returned to Zoom within 14 days of receiving notice. Prize winners residing in the U.S. will also be required to provide a Social Security Number for tax reporting purposes. If you fail to sign and return the required documents within the required time period or you are otherwise ineligible to receive the prize, you will forfeit the prize. You hereby consent to Zoom using any information you provide in connection with the Promotion which may identify you, including but not limited to name, physical address, email address, telephone number, and Social Security Number (“Personal Data”) in connection with the administration of the Promotion, including contacting you regarding the Promotion. Zoom will not use Personal Data collected in connection with the Promotion for any other purpose. For residents of the European Union, pursuant to EU law pertaining to data collection and processing, you are hereby informed that: you are the data controller, Zoom is the data processor, your Personal Data will be transferred to the U.S., your Personal Data is collected for purposes of administration of the Promotion and to contact you regarding the Promotion, you have a right to access, correct and withdraw your Personal Data, but if you withdraw your Personal Data it may result in disqualifying you from the Promotion. Zoom will not sell any Personal Data and shall not take any action that would cause any transfer of Personal Data to or from Zoom to qualify as a sale of personal information under applicable data protection laws, including without limitation the California Consumer Privacy Act. Zoom may be contacted with respect to privacy issues at firstname.lastname@example.org.
- General Conditions: Prize winners are solely responsible for any fees, taxes or other costs associated with receiving any prize. In the event that the operation, security, administration, logistics, feasibility, or circumstances of the Promotion is impaired in any way for any reason, including, but not limited to, technical errors, tampering with Entries, winner selection, any form of fraud, or circumstances beyond its control, Zoom may, in its sole discretion, (a) suspend the Promotion to address the impairment and then resume the Promotion, if possible, in a manner that best conforms to the spirit of these Official Rules, (b) award the prizes according to the best approximation of these Official Rules from among the eligible entries received up to the time of the impairment, or (c) cancel the Promotion if neither above option is practicable or feasible. Zoom reserves the right in its sole discretion to disqualify any Entrant that Zoom finds: (x) to be tampering with the Promotion; (y) to have submitted an Entry that violates applicable laws, rules, or regulations or, if not in violation of one of the foregoing authorities, is otherwise harmful, offensive, lewd, malicious, defamatory, or contains a minor; or (z) to be acting in violation of these Official Rules. Any such disqualification will be in addition to any other remedies available to Zoom in the event of such an occurrence. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law. Failure by Zoom to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The Promotion is subject to federal, state, and local laws and regulations and is void where prohibited. In the event of a dispute as to the owner of an Entry, the authorized account holder of the e-mail address used to enter 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 submitted e-mail address.
- License Grant; Release and Waiver of Certain Claims; Other Warranties: By participating, you grant to Zoom its agents, licensees and assigns an unlimited, fully paid-up, worldwide, royalty-free, revocable right to reproduce, display, publish, publicly perform, modify, create derivative works from, and otherwise use the Entry without any compensation, in any media throughout the world, without any requirement for additional review, or approval for the purpose of promoting future Promotions and for demonstrating and marketing Zoom’s services. This grant of license expressly includes the right to use of your likeness and that of any other person who appears in the Entry, as well as any logos, tradenames, trademarks or company identifiers (other than Zoom) which may appear in the Entry. You expressly agree to waive any claim and not to instigate, or authorize any action, against Zoom on the grounds that any use of the Entry, or any derivative work based upon or incorporating the Entry, infringes any of your rights as creator of the Entry, or the person appearing in the Entry, including, without limitation, copyrights, trademark rights, privacy, publicity and moral rights. You warrant that you have the authority to grant this license on behalf of yourself, and any person appearing in the Entry, and any third-party owner of intellectual property. You warrant that no minor appears in the Entry.
- NEITHER ZOOM, NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, INSURERS, PREDECESSORS, SUCCESSORS OR REPRESENTATIVES (COLLECTIVELY, “ZOOM ENTITIES”) MAKE OR GIVE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PROMOTION, OR ANY PRIZE OR ENTRANT’S PARTICIPATION IN THE PROMOTION. THE ZOOM ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM THE PROMOTION OR ANY CAUSE, OCCURRENCE OR CONDITION THAT MIGHT CAUSE THE PROMOTION TO BE DISRUPTED, SUSPENDED OR CORRUPTED, INCLUDING: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; AND (IV) THE UPLOADING OR DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION.
- Release and Limitation of Liability: ZOOM ENTITIES SHALL NOT BE LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES OR CAUSES OF ACTION OR ANY COSTS OR EXPENSES RELATING TO THE FOREGOING, ARISING OUT OF OR RELATING IN ANY WAY TO THE PROMOTION, THE ENTRY, OR ANY PRIZE. BY PARTICIPATING IN THIS PROMOTION, YOU HEREBY RELEASE AND DISCHARGE THE ZOOM ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND CAUSES OF ACTION OF EVERY KIND AND NATURE, IN LAW, EQUITY OR OTHERWISE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, AND IN PARTICULAR ANY FROM ALL CLAIMS, DEMANDS, DAMAGES AND CAUSES OF ACTION OF EVERY KIND AND NATURE FOR DAMAGES, DIRECT AND INDIRECT, ACTUAL AND CONSEQUENTIAL, PAST, PRESENT, AND FUTURE, ARISING OUT OF, OR IN ANY WAY RELATING THE PROMOTION, THE ADMINISTRATION OF THE PROMOTION, THE USE OF THE ENTRY, ANY PRIZE AWARDED, THE USE OR MISUSE OF ANY PRIZE, AND ANY PUBLICITY, ADVERTISING OR PROMOTION RELATING TO THE PROMOTION AND/OR THE PRIZE, AND/OR ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE PRIZE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE ZOOM ENTITIES FOR ANY AND ALL CLAIMS, COSTS, LIABILITIES AND DAMAGES RELATED TO OR ARISING OUT OF: (A) THE SUBJECT MATTER OF THESE RELEASES, (B) YOUR LICENSES TO ZOOM, YOUR WAIVER OF RIGHTS, AND YOUR WARRANTIES REGARDING YOUR ENTRY, AND (C) YOUR PARTICIPATION IN THE PROMOTION. IT IS UNDERSTOOD AND AGREED THAT THIS IS A FULL, COMPLETE, AND FINAL GENERAL RELEASE OF ANY AND ALL CLAIMS DESCRIBED AS AFORESAID, AND YOU AGREE THAT IT SHALL APPLY TO ALL UNKNOWN, UNANTICIPATED, UNSUSPECTED, AND UNDISCLOSED CLAIMS, DEMANDS, LIABILITIES, ACTIONS OR CAUSES OF ACTION, IN LAW, EQUITY OR OTHERWISE. YOU HAVE READ AND FULLY UNDERSTAND THE CONTENTS OF SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND THAT SECTION AND THE BENEFITS THEREOF AND ANY SIMILAR STATUTORY OR COMMON LAW PROTECTIONS AGAINST RELEASING UNKNOWN CLAIMS IN ANY JURISDICTION ARE EXPRESSLY WAIVED. SECTION 1542 READS AS FOLLOWS:
“Section 1542. (General Release - Claims Extinguished.) A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Disputes: Except where prohibited, you 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 through binding arbitration under the administration and rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in San Jose, California, USA, before a single arbitrator selected in accordance with the JAMS rules. Costs of arbitration administration and the arbitrator will be shared equally by the parties in accordance with the JAMS rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Zoom in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
- Promotion Results: : Prize winners will be posted by Zoom on the Promotion webpage available at: https://zoom.us/docs/en-us/virtual-background.html. Names of winners can also be obtained by sending a letter specifying the particular Entry Period in a self-addressed stamped envelope to Zoom Virtual Background Contest, c/o Zoom, Inc., 55 Almaden Blvd., 6th Floor, San Jose, CA 95113.