Terms of Service/Official Rules

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Terms of Service
Dated: July 27, 2022

Welcome to WhapApp!

Introduction

Thank you for using the products, services and features we make available to you (collectively, the “Service”).

Our Service

The Service allows you to create, watch and share videos and other content and acts as a platform for original content creators and advertisers.  In addition, the Service allows you to rank content and participate in contests for most liked content.

Applicable Terms

Your use of the Service is subject to these terms, the Community Guidelines, Data and Privacy Policies and the Official Contest Rules which may be updated from time to time (together, this "Agreement"). Your Agreement with us will also include the Advertising Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.  Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

Who may use the Service?

Age Requirements
You must be at least 13 years old to use the Service; however, children of all ages may use the Service if enabled by a parent or legal guardian.

Permission by Parent or Guardian

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

Your Use of the Service

Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, WhapApp or a third-party (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. WhapApp is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us by flagging the content or emailing us at info@whap.app.

WhapApp Accounts

You need a WhapApp account to access and utilize the Service.

To protect your WhapApp account, keep your password confidential. You should not reuse your WhapApp account password on third-party applications.

Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

We will process any audio or audiovisual content uploaded by you to the Service in accordance with the WhapApp Data Processing Terms.

Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.

The following restrictions apply to your use of the Service. You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from WhapApp and, if applicable, the respective rights holders;

2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;

3. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with WhapApp’s robots.txt file; or (b) with WhapApp’s prior written permission;

4. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;

5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;

6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or otherwise manipulate metrics in any manner;

7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;

8. run contests on or through the Service; only WhapApp may run contests on the Service.

9. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or

10. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising Policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where WhapApp videos are the main draw for users visiting the webpage).

Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or WhapApp.

Changes to the Service

WhapApp is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.

Your Content and Conduct

Uploading Content

If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the WhapApp Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to WhapApp and other users of the Service, as described below.

License to WhapApp

By providing Content to the Service, you grant to WhapApp a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and WhapApp’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.

License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that WhapApp may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

Right to Monetize

You grant to WhapApp the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments other than Contest awards to the Contest winners.

Removing Your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By WhapApp

WhapApp may and likely will remove some or all of the Content from the Service after each Contest without notice to its users.  DO NOT RELY ON WHAPAPP TO KEEP A COPY OF YOUR CONTENT.  IF YOU WANT TO KEEP A COPY OF ANY POSTED CONTENT YOU NEED TO MAINTAIN A COPY ON YOUR OWN PERSONAL DEVICE.  WhapApp may, but does not have to, maintain winners’ Content on the Service for an extended period of time after any Contest.

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to WhapApp, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for WhapApp or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, WhapApp or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.

Copyright Protection

We provide information to help copyright holders manage their intellectual property online. If you believe your copyright has been infringed on the Service, please complete our online Copyright Violation form or email us a notice to disputes@whap.app.

WhapApp's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.

Account Suspension & Termination

Terminations by You
You may stop using the Service at any time by deleting your user account and Content.

Terminations and Suspensions by WhapApp for Cause

WhapApp may suspend or terminate your access, your WhapApp account, or your WhapApp account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, WhapApp or our Affiliates.

Terminations by WhapApp for Service Changes

WhapApp may terminate your access, or your WhapApp account’s access to all or part of the Service if WhapApp believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by WhapApp unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for WhapApp or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, WhapApp or our Affiliates. Upon termination, all of your Content will be deleted from the Service.

Effect of Account Suspension or Termination

If your WhapApp account is terminated or your WhapApp account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your WhapApp account has been terminated in error, you can contact WhapApp at disputes@whap.app.

About Software in the Service

Downloadable Software
When the Service requires or includes downloadable software, you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, WhapApp gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by WhapApp as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by WhapApp, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have WhapApp’s written permission.

Open Source
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.

Other Legal Terms

Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND WHAPAPP DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE OR REMAIN ON THE SERVICE.

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, WHAPAPP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;

2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;

3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;

4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;

5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;

6. ANY CONTENT WHETHER SUBMITTED BY A USER OR WHAPAPP, INCLUDING YOUR USE OF CONTENT; AND/OR

7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

WHAPAPP AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT WHAPAPP HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO WHAPAPP, OF THE CLAIM; AND (B) USD $300.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless WhapApp, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Arbitration

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

• Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or WhapApp ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other WhapApp users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

• Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.

This arbitration provision is governed by the Federal Arbitration Act.

You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your WhapApp account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Firebit, Inc.,1935 Stonebridge Road, West Bend, WI 53095

• Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your WhapApp account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed via certified mail to Firebit, Inc.,1935 Stonebridge Road, West Bend, WI 53095. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your WhapApp account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

• We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.

• For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Middle District of Florida or a state court located in Sarasota County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

• The laws of the State of Florida, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by WhapApp. WhapApp has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

About this Agreement

Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. WhapApp will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.

Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law
All claims arising out of or relating to these terms or the Service will be governed by Florida law, except Florida’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Sarasota County, Florida, USA. You and WhapApp consent to personal jurisdiction in those courts.

Limitation on Legal Action

YOU AND WHAPAPP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Effective as of July 28, 2022

Corporate Contests Placed on Whap! without Whap! Administration

These official rules apply to all contests placed on Whap! by any business, service, corporation, government, governing body, individual or person, or any entity with the ability to create and post a contest independent of Whap! administration.

OFFICIAL CONTEST RULES
Dated: July 27, 2022

• NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY CONTEST HELD ON WHAPAPP. A PURCHASE OR PAYMENT OF ANY KIND ON WHAPAPP WILL NOT IMPROVE ENTRANT’S CHANCES OF WINNING.

• VOID WHERE PROHIBITED BY LAW.

• THIS IS A SKILL-BASED CONTEST.

• AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT ARE REQUIRED.

• ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

• ENTRANTS MUST BE IN COMPIANCE WITH ALL FIREBIT/WHAPAPP TERMS OF SERVICE AND COMMUNITY GUIDELINES TO BE ELIGIBLE FOR CONTEST PRIZES.

BY CREATING A CUSTOMER ACCOUNT AND/OR USER ID (OR OTHERWISE PARTICIPATING) ON WHAPAPP INCLUDING WITHOUT LIMITATION UPLOADING ANY VIDEO CONTENT THERON, ENTRANTS AGREE TO THESE OFFICIAL RULES, THE TERMS OF SERVICE, COMMUNITY GUIDELINES AND DATA AND PRIVACY POLICIES, WHICH, INDIVIDUALLY AND COLLECTIVELY, CREATE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. DESCRIPTION OF THE CONTEST(S): The WHAPAPP VIDEO CONTESTS (the “Contest(s)”) are designed to encourage users to submit imaginative, undiscovered original content consistent with the Contest Themes/Categories/Parameters as posted from time to time by WHAPAPP. Judged by fellow users, each Contest seeks to identify original content that is most popular within the WhapApp Community. There will be multiple Contests on Whap App with multiple categories for varying durations and varying prizes. The prizes will be awarded to the best entries submitted for each of the categories. Winning submissions will be as determined by other WHAPAPP users (defined below) as described in more detail below. These Official Rules and are subject to verification.

2. ELIGIBILITY: This Contest is open only to entrants who are at least (13) years old at time of entry. Entrants who are below the age of majority (18) in their jurisdiction at time of entry must obtain parent or guardian permission to enter. All entrants are to post video consistent with the criteria posted on WHAPAPP from time to time. Entrants may post up to the permitted number of video submissions for each Contest as posted on WHAPAPP from time to time.

Final eligibility to be determined at WHAPAPP’s sole discretion. Persons who are any of the following are not eligible to participate or win the prize(s) offered in the Contest: (a) employees, officers, or directors of WHAPAPP, Firebit, Inc. or any affiliate, and participating advertising and promotion agencies; and (b) immediate family members (defined as parents, children, siblings and spouse, regardless of where they reside) and/or those living in the same household (defined as 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) as any person in (a) above.

Entries must be submitted by the individual who is the same as the registered user and/or account holder of WhapApp (Entrant). No entries may be submitted by professional or paid agents or representative of any user or via any automated program running over the internet (e.g., and including via BOTS, web crawlers, chat room bots, and malicious bots). If Entrant fails the eligibility requirements of the Contest or does not abide by these Official Rules, then Entrant will be disqualified. In the event of a dispute where a given submission is deemed to have been submitted by two (2) or more separate Entrants, without limiting WHAPAPP's rights and remedies, the Entrant that first submitted the submission will be deemed the proper Entrant for the Contest. In the event of any dispute regarding the identity of an Entrant, the relevant submission will be deemed submitted by the registered account holder. Void where prohibited by law.

3. HOW TO ENTER: To enter any WHAPAPP Contest, first visit WHAP.APP (the "Website") or download WHAPAPP from Google Play Store or any other App store and create a user account. Once you create an account, you may submit Contest videos. All submissions will be accepted through the applicable dates of the Contest as posted on WHAPAPP (“Entry Period”). WHAPAPP’s designated clock is the official time clock of the Contest.

A submission may, in WHAPAPP’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on WHAPAPP and in these Official Rules. Those who do not follow all of the instructions, provide the required information in their user ID signup or other applicable forms, or abide by these Official Rules or other instructions of WHAPAPP may be disqualified at WHAPAPP’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at WHAPAPP’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of WHAPAPP and will not be returned. WHAPAPP and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.

4. SUBMISSION GUIDELINES: In addition to the provisions set forth herein, each entry must also comply with the guidelines posted on WHAPAPP or will be subject to disqualification (“Submission Guidelines”):

1. In addition to the requirements set forth above, each entry must comply with the following:

1. The entry must be the Entrant’s original work; however, entrant may use ideas and concepts that are in the public domain. The entry must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any third party person or entity.

2. The entry must not contain any content or material that is lewd, obscene, sexually explicit, pornographic, defamatory, libelous, violent, racist, or otherwise inappropriate or objectionable, as determined by WHAPAPP in its sole and absolute discretion.

3. The entry must not contain any personally identifiable information of any person other than the Entrant without their express written consent. Should the Entrant include personally identifiable information about him/herself in the entry, Entrant acknowledges and agrees that such information may be disclosed publicly and Entrant is solely responsible for any consequences thereof.

4. The entry must not contain any clearly visible and nonincidental commercial content or logos of any entity other than WHAPAPP, UNLESS a corporate contest has specficially called for use of their logo, trademarks, name or any identifying standards they grant permission to utilize in accordance with their contest and rules.

5. Entries that are in violation of any of the foregoing standards may be disqualified in the WHAPAPP's sole and absolute discretion.

6. Entries cannot and will not promote any activity that is prohibited by law. WHAPAPP reserves the right to disqualify at any time, any entry that they determine, in their sole and absolute discretion does not meet the requirements of the Official Rules or is inappropriate for any reason. Proof of submission does not constitute proof of receipt.

7. Submissions may only include; 1) original music created and performed solely by Entrant (i.e., songs must be composed, lyrics written and performed by Entrant), or 2) music that is owned by a third-party but has been licensed for use by Entrant, or 3) music that WHAPAPP provides to Entrant for use in the submission. Submissions that include any other songs or recordings are inappropriate and will be subject to disqualification, or 4) music that has been specifically called for by the individual contest administrator, and copyright holder, that the user is currently participating in, where the contest explicitly grants the users a single, temporary license for that specific music/song. A full song lip-synching video contest is an example for rule VII-4; The contest allows for temporary waiving of copyright violations by the copyright holder for a specific Whap! video contest.

8. Submissions must comply with these Official Rules and any Terms of Use posted on the Website and meet all specificaions or requirements called for on the Site and other advertising for the Contest.

9. The Entrant must have all rights, clearances, permissions, approvals and/or consents necessary for their submission, including, but not limited to, music rights, releases from all persons appearing in the submission, location releases for all recognizable locations, and releases from who participated in production of the submission. In the event that an Entrant does not have the appropriate rights or violates any of the Submission guidelines, the submission may be disqualified in the WHAPAPP’s sole discretion. In the event of such a disqualification, Entrant may edit and resubmit the submission, provided that the Entry Period is still open. There is no guarantee that WHAPAPP will notify Entrant of a rejected submission during the Entry Period.

5. JUDGING: After the conclusion of the Entry Period, all entries will be judged by vote of the other users on WHAPAPP throughout the Entry Period. The video with the most “Thumbs-Ups” at the end of the Entry Period will be deemed the winner of that Contest. The users can give one or more entries a “Thumbs-Up”, no vote or a “Thumbs-Down”. Each user cannot give more than one “Thumbs-Up” to any single entry in a Contest. There will also be a second and third place winner based on the second most and third most “Thumbs-Up”. Provided, however, that such winners will need to survive the review and eligibility process.

6. JUDGING PROCESS:

1. Initial Judging: Winning entries will be notified by email or notification on or about three (3) business days after the expiration of the Contest. Within seven (7) days of winner notification, the winner must respond and confirm their acceptance of the prize. Failure to respond during this time frame will forfeit the chance to win a prize and WHAPAPP will select an alternate winner (the entry with the next highest score) if time permits.

Prior to being selected and confirmed as a winner, winner may be required to submit clearances and releases for all people, locations, participants, service providers and media/content used within their submission to be eligible to continue to participate in the Contest. Failure to respond during this time frame will forfeit the chance to win a prize. WHAPAPP will select an alternate winner (the entry with the next highest score), if time permits.

2. Each Entrant and all the entries are subject to validation at any time by WHAPAPP whose decisions are final and binding in all respects. Entrants may be asked to sign additional documentation before being declared official winners.

3. If there is a tie between two participants for first place, the prizes for first and second place will be combined and split evenly between the tied participants and the next highest score will be awarded the prize for third place. If there is a tie between more than two participants for first place, then the prizes for first, second and third place will be combined and split evenly between the tied participants and there will be no separate prize awards for second and third place. If there is a tie between two or more participants for second place, then the prizes for second and third place will be combined and split evenly between the tied participants and there will be no separate prize award for third place. If there is a tie between two or more participants for third place, then the prize for third place will be split evenly between the tied participants.

7. PRIZES AND APPROXIMATE RETAIL VALUE:

Prize descriptions will be posted on WHAPAPP for each Contest. Prizes may vary.

Whap!/Firebit Inc. is not responsible for prizes, in any way, in any contest in which a business, service, corporation, government, governing body, individual or person, or any entity with the ability to create and post a contest independent of Whap! is the administrator, creator and poster of the contest.

Only the stated number of prizes in the Official Rules or as posted on WHAPAPP will be awarded. All expenses related to submission of videos are the responsibility of the ENTRANTS. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. If an inadequate number of qualified winning entries are received to award prizes or some of the prizes, WHAPAPP or the contest administrator reserves the right to: (a) not award any prize to any entry; or (b) award fewer than the number of prizes stated above.

Unless defined by a contest administrator, all Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at WHAPAPP’s sole and absolute discretion. All prize details not specified in the Official Rules of a contest will be determined in WHAPAPP’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 a contest administrator is unable to provide a winner with his/her prize(s), the WHAPAPP may elect, to allow a contest administrator provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a winner engages in behavior that (as determined by WHAPAPP or any prize provider, in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, WHAPAPP reserves the right to terminate the right to receive a prize. 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). Prize winners will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to WHAPAPP and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide WHAPAPP or a contest administrator with a valid social security number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. If any prize winner is a minor, WHAPAPP reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.

8. INTELLECTUAL PROPERTY RIGHTS IN SUBMISSIONS: With the exception of the use of any WHAPAPP materials, the ownership rights to each submission will remain with the Entrants as more fully contemplated below. As a condition of participation in the Contest, Entrant, upon submission of his/her/their submission to the Contest, irrevocably grants to WHAPAPP, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the submission, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Entrants or any third party, except for the awarding of the prize to the winner or winners in this Contest. WHAPAPP, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of submissions, to assign or transfer any or all of WHAPAPP’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, WHAPAPP will have the right to use the submissions submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with submissions submitted as part of the Contest. Entrants agree that WHAPAPP shall have the sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a winner, WHAPAPP may request that the Entrant’s winning submission be assigned to WHAPAPP or otherwise that WHAPAPP may choose to obtain (in its discretion) a 12-month exclusive option to use and air the submission.

Entrants will be required to confirm such rights grant by completing and submitting an Affidavit and Release (and any other documents reasonably required by WHAPAPP) or such Entrant will otherwise be disqualified from receiving his/her prizes. Entrants must maintain the ability to assign all such rights to WHAPAPP free of any limitations, restrictions or third party obligations. All submissions that are posted on the Website or WHAPAPP or elsewhere are available to be viewed by anyone with access to the Internet.

9. RULES OF PARTICIPATION: WHAPAPP, or a contest administror/prize provider with permission from Firebit Inc., reserves the right to substitute a prize for an item of equal or greater value in the event all or part of a prize becomes unavailable. Prizes are awarded without warranty of any kind from WHAPAPP or Contest Creators unadministered by Whap!/Firebit Inc., express or implied, without limitation, except where this would be contrary to federal, state, or local laws or regulations. Submission of entry into this Contest deems that Entrants agree to be bound by the terms of these Official Rules and by the decisions of WHAPAPP, which are final and binding on all matters pertaining to this Contest. Upon Whap! sign-up, community members automatically become "Official Whap! Judges" that may, or may not, vote on any contest. All Official Whap! Judges should base their Judging Standards on Originality and Creativity. A "Thumbs-Up" vote for a video includes considering Creativity for 50% of the Thumbs-Up Vote and Originality for the other 50% of the Thumbs-Up Vote, based upon the history, experience, and knowledge of Official Whap! Judges. Return of any prize/prize notification may result in disqualification and selection of an alternate winner, as applicable and if time permits. Potential prize winners may be required to sign and return an Affidavit and Release at any time thereafter (as requested by WHAPAPP) as a condition to receiving the prize. Failure to comply with this requirement may result in disqualification and potential selection of an alternate winner. In addition, acceptance of any prize constitutes permission for, and winners’ consent to, WHAPAPP and its partners and agencies, and their respective successors, assigns and licensees, to use a winner’s name, photograph, biographical information and/or likeness and entry in any all forms of media and by any and all means (now and hereafter known), throughout the world, in perpetuity, for any purpose, including, without limitation, for advertising and promotional purposes, without any obligation, notice or additional compensation, unless prohibited by law. To the extent permitted by law, Entrants agree to hold WHAPAPP, its parent, subsidiaries, agents, directors, officers, employees, representatives and assigns harmless from any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any prize won. WHAPAPP is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. An Entrant may be prohibited from participating in this Contest if, in the WHAPAPP’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of this Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, the WHAPAPP or associated agencies. Due to the unique nature and scope of this Contest, WHAPAPP reserves the right to alter or modify these Official Rules at any time. In the event WHAPAPP is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, 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 Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within WHAPAPP’s control (each a “Force Majeure” event or occurrence) WHAPAPP shall have the right to modify, suspend or terminate the Contest. WHAPAPP additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond WHAPAPP’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. The Released Parties (defined below) are not responsible for any changes or unavailability of the social media platform or website used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on WHAPAPP’s ability to use the social media platform or website for the Contest as set forth herein that are not acceptable to WHAPAPP) or ability of Entrant to timely enter, receive notices or communicate with WHAPAPP via the social media platform, in which case WHAPAPP, in its sole discretion, may terminate or modify the Contest. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, WHAPAPP, AND ADMINISTRATOR IF APPLICABLE, RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITED BY LAW. THE FLORIDA COURTS (Sarasota County for State Claims and Middle District of Florida for Federal Claims) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF FLORIDA SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THESE COURTS.

10. ELIMINATION: Any false information provided within the context of the Contest by any Entrant concerning identity, postal address, telephone number, ownership of right or noncompliance with these rules or the like may result in the immediate elimination of the Entrant from the Contest. WHAPAPP further reserves the right at any time, including after announcement of winners to disqualify any entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Official Rules.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

11. DISPUTE RESOLUTION:

1. By entering this Contest, you and WHAPAPP agree to arbitrate all disputes and claims arising out of or relating to this Contest, whether directly or indirectly. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

   1. claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

   2. claims that arose before entry into the Contest (including, but not limited to, claims relating to advertising);

   3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

   4. claims that may arise after the termination of the Contest Period.

For purposes of this Section 11 only, references to “WHAPAPP” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of these Official Rules. Notwithstanding the foregoing, either party may bring an individual action in small claims court. In addition, either party may arbitrate in accordance with the terms of any other arbitration agreement between us; this arbitration agreement does not supersede other such agreements. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or any state agency that regulates Contest. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering this Contest, you and WHAPAPP are each waiving the right to a trial by jury or to participate in a class action.

These Official Rules evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Official Rules.

2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to WHAPAPP should be addressed to: Office of Dispute Resolution – WHAPAPP, 1935 Stonebridge Road, West Bend, WI 53095 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If WHAPAPP and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or WHAPAPP may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by WHAPAPP or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WHAPAPP is entitled.

3. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Official Rules, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.org, or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http:www.adr.org). The arbitrator is bound by the terms of the Official Rules. All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless WHAPAPP and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, WHAPAPP will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse WHAPAPP for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

4. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

5. You may not recover duplicative awards of attorneys' fees or costs.

6. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WHAPAPP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WHAPAPP agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this section’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

7. Notwithstanding any provision in these Official Rules to the contrary, you may opt out of this Arbitration provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your WhapApp account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Firebit, Inc.,1935 Stonebridge Road, West Bend, WI 53095

1. WARRANTY AND INDEMNITY: Entrants certify that their entry is original and that they have the right to submit the entry in the Contest. Each Entrant agrees not to submit any entry that: (1) infringes any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; (2) includes any personally identifiable information; or (3) otherwise violates applicable law. To the maximum extent permitted by law, each Entrant agrees to release, discharge and hold harmless WHAPAPP, and each of its respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrant’s participation in the Contest and/or related to 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, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing, Entrant agrees that Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prize(s) provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from Entrants participation in the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. WHAPAPP is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified WHAPAPP at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which WHAPAPP will or may become liable by reason of or related or incidental to any act, default or omission by an Entrant under these Official Rules including without limitation, resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these official rules by an Entrant.

2. SIMILAR MATERIALS: Entrants acknowledge that WHAPAPP engages, has engaged and will in the future engage in the development, preparation, production, acquisition and dissemination of creative, entertainment, artistic and other material (collectively, the “Materials”), including, without limitation, Materials that are similar or identical to the submissions submitted in this Contest. Entrants also acknowledge that other persons, including employees of WHAPAPP, may previously have originated and may hereafter originate Materials that are similar or identical to the entries. Entrants agree that they will not be entitled to any compensation because of the use by WHAPAPP of any such similar or identical material. Without limitation of the foregoing, WHAPAPP may use, without any payment or other obligation whatsoever to any Entrant, any part of the Materials, and any idea or concept contained therein, that: (a) is similar or identical to, or contains significant elements encompassed in, a concept that is under consideration or in development by WHAPAPP before or at the time of entry, (b) is not unique, novel, original, and concrete so as to be entitled to protection under applicable laws, (c) has been made public by anyone at the time of its submission to WHAPAPP or otherwise is in the public domain, (d) would be freely usable by a third person if it had not been accepted as a submission or the subject of any agreement, (e) is not protected by United States copyright law, or (f) is similar or identical to, or contains significant elements encompassed in, an idea, concept or material that is independently created by WHAPAPP or any third party. Entrants agree that WHAPAPP’s development, preparation, production, acquisition, dissemination and/or exploitation of Materials similar or identical to the entries or containing features, ideas, material and/or elements similar to or identical with those contained in entries shall not entitle any Entrant to any compensation or other right or remedy. As an inducement to WHAPAPP to accept each submission for entry into the contest, Entrants hereby waive any claim or right of action against WHAPAPP or its successors in connection with the WHAPAPP’s use of any Materials (or any portions thereof) whether or not such Materials are similar or identical to a submission or contain any features, ideas, material and/or elements that are similar or identical to those contained in a submission. Acceptance by WHAPAPP of a submission is not an admission by WHAPAPP of the novelty or originality of the submission.

3. INTERNET: WHAPAPP is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. WHAPAPP is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. WHAPAPP is not responsible for inaccurate transmissions of or failure to receive entry information by WHAPAPP on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of the WHAPAPP. If for any reason the registration process of the Content is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, WHAPAPP reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest. WHAPAPP further reserves the right to disqualify any individual who tampers with the registration process. Caution: Any attempt by an Entrant to damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, WHAPAPP reserves the right to seek damages from any such Entrant to the fullest extent of the law.

4. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

5. WINNERS’ LIST: Winners names and submissions will be posted on WHAPAPP for such time period as WHAPAPP deems appropriate in its sole and absolute discretion.

6. SPONSOR: The Sponsor of any individual corporate contest in the Contest section is the business, service, corporation, government, governing body, individual or person, or any entity that created and posted the contest independent of Whap! administration. In this case Whap! is solely a platform for access and all legally responsible parties are those that have organized, created and posted a contest.

7. NO OBLIGATION TO USE: WHAPAPP shall have no obligation (express or implied) to use any or to otherwise exploit any submission or, if commenced, to continue the distribution or exploitation thereof, and WHAPAPP may at any time abandon the use of the submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.

8. DATES & DEADLINES / ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, WHAPAPP reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. WHAPAPP cannot accurately predict the number of Entrants who will participate in the Contest.

9. FURTHER DOCUMENTATION: If WHAPAPP shall desire to secure additional assignments, certificates of engagement for the submission or other documents as WHAPAPP may reasonably require in order to effectuate the purposes and intents of these Official Rules, then Entrant agrees to sign the same upon WHAPAPP’s request therefor.