The promoter is: Fiverr International Ltd. of 8 Eliezer Kaplan Street, Tel Aviv, 6473409 Israel, referred to herein as the “Promoter” or “Fiverr”.
2.1 The title of the Contest is “Fiverr Freelancer Day - Selfie Generator Contest”.
2.2 The Contest begins on October 15, 2024, at 9:00 am ET and ends on October 22, 2024, at 11:59 pm ET (the “Submission Period”). The Promoter is not responsible for late, incomplete, misdirected or delayed entries, including entries not timely received due to internet failures or disruptions, or ISP problems. Incomplete information, regardless of cause, may result in the disqualification of an entry.
2.3 By participating in the Contest, you accept and agree to be bound and abide by these Contest Terms and Conditions and the reasonable decisions of the Judges (as defined below), which are final and binding in all matters. In the event that you are utilizing translated renditions of these Contest Terms and Conditions, it is imperative to note that in case of any inconsistencies or conflicts, the English version shall supersede and govern.
3.1 To participate in the Contest, participants must select one of the filters available on the Selfie Generator Landing Page, which can be found here, and complete the submission form by entering their Fiverr email and checking the applicable checkbox for participating in the Contest (the “Submission Form”). After that, they will be requested to upload a photo of themselves and receive their AI-generated photo (the “AI Photo”). Only participants who check the box to indicate their wish to enter the Contest will be eligible to participate.
3.2 Submission Forms may only be accepted in the English language.
3.3 No purchase, payment or consideration is necessary to enter the Contest.
3.4 The Submission Forms will be judged by a panel of judges appointed by the Promoter, out of its Marketing Team, at their sole discretion (the “Judges”). The Judges will select the successful participants based on the following criteria: the quality of the participant’s AI Photo (for example, good lighting and background space), authenticity, and originality (the “Judging Criteria”).
3.5 The Judges will have full authority and sole discretion to select participants that they deem to meet the Judging Criteria mentioned in Section 3.4 above. The decision of the Judges (acting reasonably) will be final and no explanations, correspondences or discussions will be entered into thereof.
3.6 The Promoter will not accept responsibility for submissions and/or entries that for any reason got lost, damaged or delayed in transmission, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, network, server, computer hardware or software failure of any kind.
3.7 By submitting a Submission Form you are agreeing to be bound by these Contest Terms and Conditions and are warranting that the information provided in your Submission Form is accurate and complete.
4.1 The Contest is open to Fiverr Sellers who are at least 18 years old.
4.2 The following persons are not eligible to apply:
(a) employees of the Promoter or its holding or subsidiary companies;
(b) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the Contest or its administration;
(c) members of the immediate families or households of (a) and (b) above; or
(d) users who are subject to any economic sanctions or trade restrictions imposed by the United States, European Union or any other applicable jurisdiction.
4.3 In entering the Contest, you confirm that you are eligible to do so and eligible to claim any Prize you may be awarded. The Promoter may require you to provide proof that you are eligible to enter the Contest.
4.4 The Promoter will not accept Contest entries that:
(a) use a false name or e-mail address;
(b) are completed by third parties or in bulk;
(c) are illegible, have been altered, reconstructed, forged or tampered with; or
(d) are incomplete.
4.5 There is a limit of one entry to the Contest per participant. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
4.6 The Promoter reserves all rights to disqualify you if:
4.7 By entering the Contest, you undertake that any content you submit and/or publish in the scope of the Contest may not: (a) contain any material that is defamatory, obscene, profane or offensive; (b) contain any false, unsubstantiated or unwarranted claims for any product or services; (c) contain any false or misleading statement or representation, including, but not limited to providing a false name or e-mail address; (d) advertise any habit-forming drug, tobacco product, weapon, firearm or ammunition; (e) violate the rights of any person, entity, firm or corporation, including intellectual property rights and any copyright; (f) violate the rights of any person, entity, firm, corporation or any other third party, including intellectual property rights and any copyright; (g) disparage or libel any competitor’s products, or; (h) depict the consumption of alcoholic beverages in violation of applicable law. Comments in breach of the above will result in disqualification.
4.8 The Promoter reserves the right to exclude a participant who violates these Contest Terms and Conditions, tampers with the Contest or makes false statements or statements that violate applicable law or the rights of third parties or go against the spirit of the Contest. If an entrant is disqualified, prizes and benefits may be revoked and subsequently claimed. In this case, the Promoter may select a new alternative Winner, subject to the Promoter’s sole discretion, based on the same Judging Criteria.
5.1 The Contest’s winners will be chosen as follows:
First, each submission will be reviewed to remove any inappropriate or low-quality AI Photos and, serve as an initial filter for the Contest entries. After this initial review, the Judges will evaluate the remaining submissions and select ten (10) winners, based on the Judging Criteria mentioned in Section 3.4 above (the “Winners”).
5.2 The Promoter reserves the right to add judging rounds for selecting the Winners, at the Promoter’s sole discretion.
5.3 The decision of the Judges is final and no correspondence or discussion will be entered into.
5.4 The Promoter reserves the right to extend or change any deadline periods.
5.5 The Promoter will make available upon request the surname of the Winners. Requests should be sent to support@fiverr.com.
6.1 Each Winner will be promoted by Fiverr in the following way: Fiverr will use paid media channels to promote the AI Photo of each Winner, with a link that leads directly to the Winner’s services page on Fiverr (the “Prize”). The specific paid media channels and any accompanying text are at the sole discretion of Fiverr.
6.2 The Prizes are as stated, must be accepted as awarded, and are not negotiable or transferable, or refundable. Prizes may not be exchanged for cash value.
6.3 Any Participant may only be awarded once.
6.4 All taxes, duties, fees, or other expenses associated with the Prizes are the sole responsibility of the Winners.
6.5 To receive the Prize, each participant agrees to provide any documents and/or information required by the Promoter, including to complete, sign and return an affidavit of eligibility and liability/publicity release, if requested.
7.1 The Winners will be notified via their Fiverr email by November 27, 2024 (the “Announcement Date”). Participants who do not become Winners, will not receive any notice stating so.
7.2 If (i) the Promoter is unable to contact a Winner by the Announcement Date; (ii) unable to verify the Winner’s eligibility to win the Prize; (iii) the Winner is not in compliance with these Contest Terms and Conditions and/or Fiverr’s Terms; and/or (iv) the Winner is not eligible to win the Prize for any other reason, the Promoter reserve the right to forfeiture the Prize from such Winner and award it to an alternative Winner.
7.3 In the event of Prize forfeiture, the Judges may select an alternative Winner, based on the same Judging Criteria.
7.4 The Prize may not be claimed by a third party on a Winner’s behalf.
7.5 The Promoter does not accept any responsibility if a Winner fails to take up the Prize.
8.1 Each participant hereby represents and warrants that (i) the photo and any other content submitted by the participant for the Contest shall be original and shall not infringe any third party rights, including copyrights, trademarks or service marks; and (ii) the participant’s use of the Selfie Generator tool was in a proper manner and in compliance with the AI Selfie Generator Terms. The participant shall be the sole liable for any claim caused due to a breach of these representations and warranties.
8.2 By accepting a Prize in the Contest, each Winner grants to Fiverr, where permitted by law, the right to use and publish (worldwide, via the Internet and otherwise) their AI Photo, their name, city and state of residence, portrait, image, picture, voice and likeness for promotional purposes without prior notification, review or approval and without payment or consideration.
8.3 Each Winner further agrees, as may be reasonably requested by Fiverr, to provide comments about Fiverr and/or this Contest to the press without further compensation, in connection with any publicity relating to the contest.
IN NO EVENT WILL FIVERR AND ALL ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF: (1) PARTICIPANT’S PARTICIPATION IN THE CONTEST, (2) THE USE OF THE SELFIE GENERATOR TOOL. WITHOUT LIMITING THE FOREGOING, EVERYTHING OFFERED UNDER THIS CONTEST IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
Each participany hereby remises, releases and forever discharges Fiverr and its respective officers, directors, employees and representatives from any and all liabilities arising or relating to the Contest, and hereby indemnifies and holds harmless Fiverr from and against all claims, liabilities, damages or losses of any kind. Both the foregoing release and indemnity include injury, death and property loss, arising from or in connection with: (i) acceptance, possession, use or misuse of any prize; (ii) participation in the Contest or any contest-related activity, as well as claims based in whole or in part, directly or indirectly, upon receipt, enjoyment, ownership, possession, use, misuse or inability to use any prize; (iii) whether under contract, tort (including negligence), warranty or any other applicable sources of law; (iv) any condition caused by events beyond Fiverr’s control that may cause the contest to be disrupted or corrupted; and (v) any printing or typographical errors in any materials associated with the Contest (vi) any claim arising from the use of the Selfie Generator tool by the participants.
ANY ATTEMPT BY A PARTICIPANT OR ANY THIRD PARTY TO CIRCUMVENT, TAMPER, DISRUPT OR DAMAGE THE CONTEST ENTRY PROCESS, THE FIVERR WEBSITES OR SYSTEMS, DEFRAUD OR GAIN AN UNFAIR ADVANTAGE, ENGAGE IN UNSPORTSMANLIKE, DISRUPTIVE, ANNOYING, HARASSING OR THREATENING CONDUCT, OR OTHERWISE UNDERMINE THE FAIRNESS, INTEGRITY AND LEGITIMATE OPERATION OF THE CONTEST, WILL RESULT IN AUTOMATIC DISQUALIFICATION FROM THE CONTEST AND MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS. FIVERR RESERVES ALL RIGHTS, INCLUDING ITS RIGHTS TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES), TO THE FULLEST EXTENT OF THE LAW, INCLUDING THE POSSIBILITY OF REFERRAL FOR CRIMINAL PROSECUTION.
10.1 The Promoter will only process any personal information you provide as set out in Fiverr’s Privacy Policy.
11.1 If there is any reason to believe that there has been a breach of these Contest Terms and Conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the Contest.
11.2 The Promoter reserves the right to hold void, suspend, cancel, or amend the Contest and/or change these Contest Terms and Conditions and/or extend or change any deadline periods, should circumstances so require and the Promoter will not be held responsible for it.
11.3 By submitting a Submission Form, each participant acknowledges they have read, understand and will abide by these Terms and Conditions. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms, and the rights and obligations of participants and the Promoter in connection with the Contest, shall be governed by and in accordance with the laws of the State of Israel, without regard to conflict of laws principles.
