This document (the "Terms and Conditions") determines the terms and conditions of
each and every participant who gets selected in leARn Initiative Cohort organised by an
Indian Private limited company “NewDev Technologies Private Limited” having its legal
office in New Delhi, India., Address: J-6/55, Rajouri Garden, New Delhi - 110027 (the
“Organiser” or “we”), including the conditions to be fulfilled by an individual
(“Participant” or “you”) in order to participate in leARn Initiative Initiative.
The Terms and Conditions form a legal binding agreement between Participant and the
Organiser. In order to participate in leARn Initiative Initiative you have to first read
and accept the Terms and Conditions. By submitting your work pursuant to § 4 and § 5 of
the Terms and Conditions you confirm that you have read and accepted the Terms and
Conditions including the terms of personal data processing. The rules for the processing
of personal data for the purposes of leARn Initiative will be specified in the Privacy
Policy available on leARn Initiative website.
The Organiser will inform Participants of the websites where detailed terms and
conditions for leARn Initiative are published. By participating in this leARn
Initiative, the Participant represents that they have read, accepted, agreed, and will
comply with the rules set forth in these Terms and Conditions and any applicable terms
and conditions shared with the Participant.
Definitions
Any capitalised words and terms used in these Terms and Condition shall have the
following meanings:
Participant - a natural person of legal age of majority in India and legal
citizen of
India
Work - The task for the Participants consists of creating, publishing and
submitting
AR effects in accordance with the cohort`s learnings.
Conditions of participation
Participation in leARn Initiative is free of charge. In order to participate in leARn
Initiative, a Participant shall read and accept the Terms and Conditions, fulfil the
conditions of participation and perform the task described in § 5 of the Terms and
Conditions.
Employees, personnel, officers, directors, members, managers, agents and
representatives of the Organiser and/or Meta Platforms, Inc. (formerly known as Facebook
Inc.) and its subsidiaries (“Meta”), their immediate family members (parents,
step-parents, children, step- children, siblings, step-siblings and spouses, regardless
of where they live), anyone who shares a residence with the above at least 3 months out
of the year or anyone professionally associated with the Organiser or with leARn
Initiative Initiative are excluded from participation.
leARn Initiative is open to Participants from all over India and is only for Indian
Nationals. However, you must ensure that your participation is lawful in accordance with
the laws of India. Participants should also be natural persons who:
(i) are 18+ and age of majority,
(ii) are not the target of any sanctions, including any person on the List of Specially
Designated Nationals and Blocked Persons, the Foreign Sanctions Evaders List, and the
Sectoral Sanctions Identifications List administered by the U.S. Department of the
Treasury’s Office of Foreign Assets Control, the EU Consolidated Financial Sanctions
List administered by the European Union, the Consolidated List of Financial Sanctions
Targets in the United Kingdom administered by Her Majesty’s Treasury, and the United
Nations Security Council Asset Freeze List; or (iii) owned or controlled (as defined by
the relevant sanctions law) by any such person described in clause (i) or (ii), as a
result of which such owned or controlled person is subject to the same prohibitions or
restrictions as the person described in clause (i) or (ii).
All rights in and to materials provided to are reserved by Organiser or Meta, as
applicable.
The creation and submission of an Effect does not create any employment relationship
between the Participant and Meta or Reskilll.
Meta does not assist in administering the promotion. These Terms and Conditions do not
create an agency, partnership, joint venture or any other form of association, for tax
purposes or otherwise, between you and Meta, and you shall make no such representation
to
anyone. You have no right or authority, express or implied, to assume or create any
obligation of any kind, or to make any representation or warranty, on behalf of Meta or
to
bind Meta in any respect whatsoever. The liability of Meta, in connection with the
organisation of leARn Initiative Initiative is fully excluded. All questions, comments,
complaints and claims related to leARn Initiative should be directed to the Reskilll
(Organizer) and not to Meta. Organiser and Participant irrevocably and unconditionally
agree, to the fullest extent permitted by law, to defend, indemnify, and hold harmless
Meta,
its affiliates and their respective officers, directors, trustees, employees,
sublicensees,
contractors, users and agents, from and against any and all third party claims,
liabilities,
losses, damages, penalties, taxes, costs and expenses (including reasonable attorneys’
fees
and court costs) directly, indirectly, wholly, or partially arising from or in
connection
with this leARn Initiative Initiative. The rights and obligations pursuant to this
paragraph
shall survive the termination, rescission or expiration of these Terms and Conditions.
The Works
The task for the Participants consists of creating, publishing and submitting content
in accordance with specifications stipulated on the given leARn Initiative website (the
“Work”).
When participating in leARn Initiative, you are strictly prohibited from and you are
hereby obligated NOT to:
upload, transmit, post, provide a hyperlink to or otherwise make available: −
any Work that is unlawful, threatening, abusive, fraudulent, deceptive,
defamatory, harmful to minors, or indecent in any way, as determined by
Organiser in Organiser’s sole discretion, including without limitation any Work
that would constitute (or encourage conduct that would constitute) a criminal
offence, give rise to civil liability or otherwise violate any local, state,
national, foreign or international law or regulation, such as by infringing,
misappropriating, or otherwise violating the intellectual property rights, moral
rights or privacy rights of any third party, or otherwise causing injury of any
kind to a third party;
Work that may infringe any patent, trademark, trade secret, copyright or
other intellectual or proprietary right of any party;
any Work that affects Meta or Organiser adversely or reflects
negatively on Meta, Organiser or leARn Initiative, Organiser’s clients,
affiliated companies, partners, sponsors or licensees, or the goodwill,
name or reputation of any of the foregoing, or that causes distress or
duress to anyone, or discourages any person from participating in leARn
Initiative Initiative;
any Work that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements, any private information of any third party, Work you did not
have permission to post);
any material that contains software viruses, worms, or any other
computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
uses or is suggestive of the trademarks or products of Meta, the
Organiser, Organiser’s clients, affiliated companies, partners,
sponsors;
participate in leARn Initiative to impersonate any person or entity,
including but not limited to an employee of Organiser or its affiliated
companies, or falsely state or otherwise misrepresent yourself, your age or your
affiliation with a person or entity;
instigate or encourage others to commit illegal activities or cause injury or
property damage to any person;
d) act in a manner that is hateful or discriminatory based on race, color, sex,
religion, nationality, ethnic or national origin, marital status, disability,
sexual orientation or age or is otherwise objectionable, as determined by
Organiser in Organiser’s sole discretion;
intentionally or unintentionally violate any applicable local, state, national
or international law;
post anything indecent, inflammatory, vulgar or overtly insulting, as
determined by Organiser in Organiser’s sole discretion;
violate the terms of any third-party website or service, or the terms of any
other agreement with any third party.
Submission of Works
In order to participate in leARn Initiative, you must create your Work ensuring that
the requirements specified in the Terms and Conditions and on leARn Initiative’s website
site are followed, login to their Facebook account and submit the Work by filling out
the form provided on leARn Initiative’s website.
The Organiser reserves the right to disqualify any Participant or Work that does not
comply with these Terms and Conditions in its sole discretion. The Organiser is not
obligated to notify you if your Work has been disqualified.
The Organiser reserves the right to remove inappropriate, offensive and harmful
submissions as well as projects that do not fit the brief.
You can submit Work that has already been published, provided that the Work satisfies
these Terms and Conditions, including the condition that Work has not been used
commercially in any way.
To be an eligible submission, your Work must meet the following requirements:
Work must be your own original work, solely created by you;
Work must not have been previously licensed, sold, used, published, released,
distributed or otherwise commercially exploited in any form;
Work must not have previously won any award;
Work must not infringe or violate any intellectual property rights (including
copyright and trademark), privacy, publicity or other personal or proprietary
rights of any individual or entity;
Work must not contain, be derived from, or reference any names, products or
services of any business, company, entity or any third-party trademarks, logos
trade dress or promotion of any brand, product or service;
Work can be in any language;
Work can be any length of time;
Work must be published on Participants Facebook and/or Instagram account via
Spark AR Hub;
Participant agrees that participation in this leARn Initiative and agreement
to these Terms and Conditions will not violate any agreement to which (s)he is a
signatory or party and that no such agreement otherwise limits Participants’
ability to participate in this leARn Initiative Initiative or grant the rights
granted in these Terms and Conditions.
Duration and timeline
Each and every leARn Initiative’s duration and timeline are defined individually on the
given leARn Initiative website and include a Submission Period, Selection Period and
Awardees Announcement. The Organiser provides a website where all detailed information
concerning a particular leARn Initiative Initiative will be placed.
The Organiser reserves the right to extend the duration of leARn Initiative Initiative
in the event of unforeseen circumstances outside its control.
Work can be submitted in the Submission Period, which is specified in detail on the web
page provided by the Organiser.
In accordance with the rules contained in these Terms and Conditions and leARn
Initiative’s website after the end of the Submission Period, the Organiser verifies the
eligibility of the Participants to participate in leARn Initiative Initiative, reviews
the Works according to specifications stipulated in these Terms and Conditions, and
announces the Awardees Announcement.
Selection of Awardees
All Effects from Participants will be judged by a panel of judges selected by the
Organiser in its sole discretion (“Judges”). The Judges will use the following criteria
according to the percentage weights indicated (the “Criteria”) to evaluate the
Participants:
25%: Craftsmanship: technical achievements, capabilities used, ability to take
advantage of the platform;
25% Originality: uniqueness, difference from other submissions;
25%: Creativity: creativity of elements used to create the Work;
25%: Theme: how well the Work makes use of the competition theme.
All Judges’ decisions are final and binding in all matters relating to this leARn
Initiative Initiative. Each Participant acknowledges that other Participants may have
created ideas and concepts contained in their Entry that may have familiarities or
similarities to its Work (including, without limitation, a similar Work), and that
Participant will not be entitled to any compensation or right to negotiate with the
Released Parties because of these familiarities or similarities.
All communication with Awardee will be done through his/her email address given during
registration.
The Organiser shall have the right to request, and the Awardee shall be obliged within 7
days in a manner indicated by the Organizer to submit source files concerning the
awarded task.
The Award will be delivered within 120 - 180 days from the Awardees Announcement Date,
provided that the formalities are completed by the Awardee and the Work will be
positively verified.
The Organiser is not responsible for the inability to collect the Award for reasons
attributable solely to the Awardee.
The Organiser will deduct a flat-rate tax on prizes from the Award, in accordance with
the applicable regulations.
If required by applicable law, the Organiser may cancel or stop a grant of the Award at
any time including after determination and announcement of Awardees. Awardee may not
hold Organiser liable for any damages resulting from the Organiser’s decision to cancel
or stop a payment as required by applicable law.
Organiser reserves the right to modify the notification procedures and applicable
deadlines for responding in connection with the selection of any alternate potential
Awardee, if any. If an Award is legitimately claimed, it will be awarded subject to
these Terms and Conditions.
You agree to execute and deliver to Organiser any other forms or documents that
Organiser deem necessary, including, without limitation, pursuant to and local, state,
or federal laws or requirements (including tax reporting).
Organiser is not responsible for any inability or unwillingness of an Awardee to accept
or use an Award (or portion thereof) for any reason. Awards details not specifically
stated in these Terms and Conditions, will be determined in the Organiser's sole
discretion. To the fullest extent allowable under applicable law, all taxes (if
applicable) (including, without limitation, national, federal, state, provincial, and/or
local taxes), as well as any expenses arising from acceptance or use of the Awards and
not specified in these Terms as being provided as part of the Awards, are the sole
responsibility of the Awardees. Organiser is not responsible for and will not replace
any lost, mutilated, or stolen Awards or Awards element or any Awards that is
undeliverable or does not reach an Awardee because of incorrect or changed contact
information. If an Awardee does not accept or use the entire Awards for any reason, the
unaccepted or unused part of the Awards will be forfeited, and the Organiser will have
no further obligation with respect to that Awards or portion of the Awards. No transfers
or substitutions will be made, except at Organiser’s sole discretion. Organiser reserves
the right to substitute any stated Awards or any component thereof with another Awards
or component of equal or greater value for any reason. No more than the stated Awards
will be awarded. Participants waive the right to assert as a cost of receiving the
Awards, any and all costs of verification and redemption and any liability and publicity
that might arise from claiming or seeking to claim said Awards.
A valid bank account is required for Awardees to receive payment of their Award.
All costs of transferring the Award are borne by the Organiser.
Intellectual Property Rights
By entering leARn Initiative Initiative, you declare that you are the author of the
Work and you have all applicable intellectual property rights to the Work submitted in
leARn Initiative Initiative and that they do not infringe third party rights.
By participating in leARn Initiative Initiative, each Participant grants the
Organiser an irrevocable, transferable, sublicensable, non-exclusive, unlimited, free,
worldwide licence in order to publish videos or photos made using Participant’s Work on
websites and social media channels designated by the Organiser.
The Participant is liable to the Organiser in the event that his application for
participation in leARn Initiative Initiative or the Work violates the rights of third
parties or generally applicable law.
In the event of posting content and Work that violates the law or rights of third
parties, the Awardee is responsible. In the event of any claims by third parties against
the Organiser for infringement of their copyright-as a result of Organiser's use of the
Work, the Organiser shall immediately notify the Awardee of this fact, who undertakes to
take over the above claims.
In connection with your participation in leARn Initiative Initiative, you may acquire
information or materials which are of a confidential or proprietary nature. You agree to
use such confidential information only in connection with your participation in leARn
Initiative Initiative and agree to hold in confidence and to not disclose confidential
information to any person or entity without the prior written consent of the relevant
entity. You understand and agree that a violation of this confidentiality obligation may
result in immediate termination from leARn Initiative Initiative, among other remedies
that may be sought by and available under law.
Complaints
Participants have the right to lodge complaints regarding the way leARn Initiative is
carried out. The complaint should include:
name and surname of the Participant;
mailing address;
exact description of reasons for lodging a complaint.
Complaints should be sent via email to: rsardana@reskilll.com
Complaints can be submitted no later than 14 days from the date of leARn Initiative
Initiative’s results announcement. The date of complaint submission is the date of its
delivery to the Organiser's email account.
The Organiser shall respond via email to the complaint no later than within 30 days of
receiving it in a correct and complete form.
Complaints not containing any of the elements specified in Clause 2 above or submitted
after the deadline specified in Clause 3 above shall not be considered by the Organiser.
Final provisions
These Terms and Conditions, the rules posted for leARn Initiative Initiative on the
Organiser's designated website together with the terms provided on the Privacy Policy,
the Terms and Conditions of use for the Spark AR and the other documents referenced in
these Terms and Conditions, contain the entire agreement between you and the Organiser.
Where there is a conflict between these Terms and Conditions and any other document,
Policies or agreements, Terms and Conditions will take precedence.
The Organiser has the exclusive right to amend the Terms and Conditions.
The Organiser may change the Terms and Conditions in the event of:
inability to conduct the Selection at the originally set date due to reasons
beyond the Organiser's control, the occurrence of which he could not foresee
even with due diligence;
Legal obligation to make changes, including the obligation to adjust the Terms
and Conditions to the current legal state.
A change to the Terms and Conditions may not result in a worsening of the situation of
Participants.
A Participant who does not agree with the changes to the Terms and Conditions may resign
from leARn Initiative Initiative until the announcement of the results by submitting a
statement of resignation to the Organiser.
If any provision of the Terms and Conditions, several or part of these provisions are or
will become ineffective, it does not make other provisions ineffective. An ineffective
provision should be replaced with an appropriate effective provision.
In matters not covered by these Terms and Conditions, the provisions of generally
applicable Indian law, in particular the relevant provisions of the Civil Code, shall
apply, unless it is not possible due to the need to apply the provisions of the law of
the registered seat or place of the residence of the Participant.
Terms and Conditions come into force on the day of its publication on the website.