General Legal Disclaimer, Copyright and Intellectual Property Indemnity Terms
By participating in the VidaBay Snap "Snap It & Show It" Photography Challenge (hereinafter referred to as the "Contest"), each entrant irrevocably acknowledges, accepts and agrees to all terms set forth in this Disclaimer and all official rules of the Contest. Anyone who does not accept any provision of this Disclaimer shall not submit any entry to the Contest.
I. Entrant’s Warranties Regarding Copyright and Third-Party Rights
1.1 Each entrant warrants and represents that all submitted photographs, copywriting and accompanying content (hereinafter referred to as "Entry Content") are 100% original works created independently by the entrant, and the entrant holds full, lawful and unencumbered copyright ownership of all Entry Content. Without written commercial authorization from the respective right holders, Entry Content shall not incorporate any third-party copyrighted works, trademarks, trade dress, graphic assets, stock resources, film clips, music, artworks or other proprietary content.
1.2 If any identifiable natural person (including adults and minors) appears in the Entry Content, the entrant confirms that they have obtained complete written portrait authorization, publicity right and privacy consent from all persons depicted; for minors under the age of 18, the entrant has secured valid written consent from their parents or legal guardians prior to submission.
1.3 Entry Content shall not contain infringing, defamatory, libelous, harassing, violent, obscene, hateful, sexually explicit, discriminatory or illegal material, nor shall it violate local, national or international laws, platform community guidelines or intellectual property statutes.
1.4 The entrant shall not submit any Entry Content that infringes patents, design rights, trade secrets, personality rights, privacy rights or other proprietary legal interests of any natural person, legal entity or organization.
1.5 The entrant shall be solely responsible for obtaining all necessary rights and compliance clearances for third-party copyrighted works, trademarks, architectural designs, artworks, decorative elements and other protected content appearing in the background of submitted photos. VidaBay assumes no liability for any infringement claim arising from background elements contained within an entrant’s submission.
II. Confirmation of Intellectual Property License
2.1 As a precondition for Contest participation, the entrant voluntarily grants VidaBay a perpetual, worldwide, non-exclusive, royalty-free, transferable and sublicensable license to reproduce, edit, crop, adjust, adapt, create derivative works of, publish, display, distribute, disseminate, advertise and promote all Entry Content across all online and offline marketing channels (including but not limited to vidabay.net, Reddit, Instagram, Facebook, X, YouTube, product packaging, email promotions, paid advertisements and physical promotional materials), with credit to the entrant’s public username on the submission platform where reasonably practicable.
2.2 This license survives the expiration, cancellation or termination of the Contest and applies to all promotional use throughout the entire cycle before, during and after the Contest period. As stated in Article 16 of the Official Rules, the entrant retains full underlying copyright ownership of their original photographs.
2.3 VidaBay is under no obligation to utilize any Entry Content for marketing purposes, and reserves full discretion to remove, unpublish or cease use of any entry at any time without prior notice.
III. Full Indemnification Obligation of the Entrant
3.1 The entrant agrees to fully indemnify, defend and hold harmless VidaBay, its parent companies, subsidiaries, affiliates, directors, officers, employees, contractors, agents, partners and licensees (hereinafter referred to as the "Indemnified Parties") from and against all claims, demands, lawsuits, arbitrations, regulatory penalties, damages, losses, settlement amounts, attorney fees, litigation costs, fines and all related legal liabilities arising out of or in connection with: (1) Any breach of any warranty under Article 1 above by the entrant (including but not limited to copyright infringement, trademark violation, unauthorized use of third-party likenesses, lack of model/guardian consent); (2) Any unlawful, offensive or infringing content contained within the entrant’s Entry; (3) Any false statement, misrepresentation or material omission made by the entrant in connection with the Contest; (4) Any violation of the official Contest rules, platform terms of service or applicable local laws by the entrant.
3.2 If any Indemnified Party receives third-party legal proceedings, cease-and-desist letters, Digital Millennium Copyright Act (DMCA) takedown notices, privacy claims or trademark complaints due to the entrant’s Entry Content, all related costs, compensation and settlement amounts shall be fully borne by the entrant with no monetary cap.
IV. Third-Party Platform Liability Disclaimer
4.1 This Contest is not sponsored, endorsed, administered by or affiliated with Reddit, Meta Platforms, Inc., Google LLC, X Corp. or any other social media or third-party platform. VidaBay assumes no liability for any platform malfunction, account suspension, content deletion, post removal, algorithmic exposure restriction, data loss or access failure caused by third-party platform policy adjustments, technical faults or platform moderation rules.
4.2 VidaBay shall not be responsible for lost, delayed, corrupted, incomplete, misrouted or unreceived Contest entries caused by network failures, device defects, smartphone/NFC transmission errors, user operation mistakes or third-party platform technical issues. All participation risks related to smartphones, VidaBay Snap hardware and wireless photo transfer shall be borne solely by the entrant.
V. General Liability Waiver
5.1 VidaBay makes no express or implied warranties regarding the fairness, accuracy or completeness of the Contest judging process; all judging decisions rendered by the official VidaBay judging panel are final and non-appealable.
5.2 In the event of fraud, hacking, vote manipulation, technical breakdown, regulatory restriction or any other circumstance outside VidaBay’s reasonable control, VidaBay reserves the absolute right to cancel, suspend, postpone, modify or terminate the Contest, reject any entry, disqualify any entrant or alter prize offerings at any time. VidaBay shall not be liable for any loss or damage suffered by entrants resulting from such adjustments.
5.3 Under no circumstances shall VidaBay be liable for indirect, consequential, incidental, special or punitive damages arising from Contest participation, including but not limited to loss of profits, loss of business opportunities or damage to goodwill. The maximum aggregate liability of VidaBay in relation to the Contest shall not exceed the face value of the Contest prize gift card issued to the corresponding entrant.
5.4 All gift card prizes are subject to the terms of service, expiration policies, geographic restrictions and usage rules set by the issuing platform. VidaBay shall not be liable for any loss, expiration, inaccessibility, redemption failure or usage restriction of gift cards caused by policy adjustments, service interruptions or account restrictions of the third-party issuing platform.
5.5 VidaBay reserves the right to verify an entrant’s eligibility at any stage of the Contest, including but not limited to age, legal residency status, ownership of a VidaBay Snap device and compliance with all entry rules. Any entrant found ineligible may be disqualified immediately, and any awarded prize may be revoked at VidaBay’s sole discretion.
5.6 When calculating the Community Engagement score, VidaBay reserves the right to exclude invalid engagement data generated by fake accounts, automated bot accounts, vote brigading, paid engagement services and other manipulative cheating behaviors. The final engagement score used for judging shall be determined at VidaBay’s sole and absolute discretion.
5.7 If a competent court, regulatory authority or governmental body requires VidaBay to disclose entry content, entrant information or related confidential information pursuant to applicable law, VidaBay shall notify the entrant in advance where reasonably practicable, and shall only disclose the minimum scope of information legally required. VidaBay shall not be liable for any compelled disclosure made in compliance with statutory obligations or official governmental requests.
VI. Governing Law and Severability
6.1 This Disclaimer and all official Contest rules shall be governed and construed in accordance with the applicable laws in force within the jurisdiction where VidaBay is registered and operates. Any dispute arising from Contest participation shall fall under the exclusive jurisdiction of the courts at the location of the organizer.
6.2 If any provision of this Disclaimer is held invalid, unlawful or unenforceable by a competent court, the remaining clauses shall remain in full legal force and effect.
VII. Age and Voluntary Participation Confirmation
7.1 Each entrant certifies that they are at least 18 years old at the time of entry, possess full civil capacity, and are bound by these terms. Submitting a photograph with the designated contest hashtag constitutes full, voluntary acceptance of this entire Disclaimer and all official Contest rules without duress.