"Merry Moments" Terms & Conditions
The Merry Moments site is a place for all Wyze Labs, Inc. (“Wyze”) members to connect, share, and learn from others in the holiday season. Please treat the platform with the same respect you would a public park. These rules are intended to aid the human judgment of our community and keep this a clean and well-lighted place for engaging discussions.
Share only photos and videos that you’ve taken or have the right to share.
As always, you own the content you post on the Merry Moments site. Remember to post authentic content, and don’t post anything you’ve copied or collected from the Internet that you don’t have the right to post.
By sharing photos and videos on the Merry Moments site, you give Wyze, to the fullest extent permitted by applicable law, permission to use those shared photos and/or videos, together with your name, aural and visual likeness, and the name(s), aural and visual likeness(es) of any other individual(s) depicted in those shared photos and/or videos for advertising, marketing, and promotional purposes without further permission or compensation.
- Post photos and videos that are appropriate for a diverse audience.
We know that there are times when people might want to share nude images that are artistic or creative in nature, but for a variety of reasons, we don’t allow nudity on the Merry Moments site. This includes, but is not limited to, content that show sexual intercourse, genitals, and close-ups of fully-nude breasts or buttocks. We may remove videos that violate this rule.
People like to share videos of their children. For safety reasons, there are times when we may remove videos that show nude or partially-nude children. Even when this content is shared with good intentions, it could be used by others in unanticipated ways.
- Foster meaningful and genuine interactions.
Help us stay spam-free by not artificially collecting likes, or shares, Don’t post content that engages in, promotes, encourages, facilitates, or admits to the offering, solicitation or trade of fake and misleading user reviews or ratings.
- Follow the law.
The Merry Moments site is not a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products between private individuals, and buying or selling non-medical or pharmaceutical drugs are also not allowed. We also remove content that attempts to trade, co-ordinate the trade of, donate, gift, or ask for non-medical drugs, as well as content that either admits to personal use (unless in the recovery context) or coordinates or promotes the use of non-medical drugs. The Merry Moments site also prohibits the sale of live animals between private individuals, though brick-and-mortar stores may offer these sales. No one may coordinate poaching or selling of endangered species or their parts.
We have zero tolerance when it comes to sharing sexual content involving minors or threatening to post intimate videos of others.
- Respect other members of the Wyze community.
We want to foster a positive, diverse community. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages.
It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. When hate speech is being shared to challenge it or to raise awareness, we may allow it. In those instances, we ask that you express your intent clearly.
Serious threats of harm to public and personal safety aren't allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible.
- Maintain our supportive environment by not glorifying self-injury.
The Wyze community cares for each other, and is often a place where people facing difficult issues such as eating disorders, cutting, or other kinds of self-injury come together to create awareness or find support.
Encouraging or urging people to embrace self-injury is counter to this environment of support, and we’ll remove it or disable accounts if it’s reported to us. We may also remove content identifying victims or survivors of self-injury if the content targets them for attack or humor.
- Be thoughtful when posting newsworthy events.
We understand that many people use the Merry Moment site to share holiday videos. Because so many different people and age groups use the Merry Moment site, we may remove videos of intense, graphic violence to make sure the Merry Moment site stays appropriate for everyone.
Merry Moments Contest Official Contest Rules
Important: Please read these Official Contest Rules before entering this Merry Moments Contest (the “Contest”). By participating in this Contest, you agree to be bound by these Official Contest Rules and represent that you satisfy all of the eligibility requirements below.
This Contest is void where prohibited by law. Subject to applicable federal, state, and local laws.
- 1. Eligibility: The Contest is open only to legal residents of the 50 United States or District of Columbia who are at least 18 years old (or the age of majority in their jurisdiction, whichever is older) at the time of entry. Directors, officers, members, managers, and employees of Wyze Labs, Inc. (”Sponsor”), and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, webmasters, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, INC., FACEBOOK, INC., REDDIT INC., TWITTER, INC., YOUTUBE, OR DISCORD, INC.
2. Contest Period: The Contest starts at 9:00 a.m. Pacific Time (“PT”) on December 15, 2022 and ends at 11:59 p.m. PT on December 31, 2022 (the “Contest Period”). All entries must be received during the applicable Contest Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Contest.
3. How to Enter: To enter, complete the steps as instructed during the Contest Period:
- Cam Plus Holiday Detection: You must be a Cam Plus subscriber to participate in the Contest. During the Contest Period, subscribers of Wyze’s Cam Plus service will be granted special access to a limited-time holiday detections feature for event videos recorded by their Cam Plus-enabled Wyze camera (“Holiday Detection”). The Holiday Detection feature will automatically detect holiday-themed objects and images that appear in the event videos recorded by a Cam Plus-enabled Wyze camera, such as individuals dressed as Santa Claus, festively-wrapped gifts, Christmas trees, snowmen, etc. When a Cam Plus-enabled Wyze camera detects a holiday-themed object or image, a "Holiday" tag will automatically be added to that event video.
- Share Holiday-Tagged Event Videos to the Map. Once a “Holiday” tag has been added to your event video, you will have the ability to share that event video to the Merry Moments Map. You can share your event video by pressing the “Share” button from either Wyze Web View or via the Events list in the Wyze mobile application. Each event video that has a “Holiday” tag and is shared to the Merry Moments Map will constitute one entry in the Contest. You may share as many unique “Holiday”-tagged event videos to the Merry Moments Map during the Contest Period as you desire.
- a. Your Submission must not supply untruthful, incomplete, inaccurate, or misleading information.
- b. Your Submission must be your original creation and be owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Sponsor in Section 9 and Section 10 below.
- c. Your Submission must not (in Sponsor’s discretion): (i) violate any third party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; (vii) contain unauthorized third party trademarks or logos; or (viii) contain an image of a person under the age of majority in your jurisdiction of residence (a “Minor”) unless you are the parent or legal guardian of such Minor and you agree to the license in Section 10 on such Minor’s behalf.
- d. You represent and warrant that: (i) the Submission does not violate any applicable law, rule or regulation; (ii) to the extent the Submission depicts any individual or features the voice or other qualities of any individual, you are the individual pictured, heard, or otherwise featured in the Submission, or, alternatively, that you have obtained written permission from each person appearing in the entry to grant the rights to Sponsor described in these Official Rules, and will make written copies of such permissions available to Sponsor upon request; and (iii) the Submission complies with all requirements of these Official Rules. If participating in this Contest via your mobile device (which service may only be available via select devices and participating wireless carriers, and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.
- 4. Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion. In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address associated with the Submission. An “authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning entry.
5. Selection and Notification of Winners:
Identification of Winners Based on Number of “Holiday”-Tagged Event Video “Likes”:
The three (3) “Holiday”-tagged event videos that receive the largest number of “likes” on the Merry Moments Map during the Contest Period will be eligible to receive a prize.
- the event video that receives the largest number of “likes” on the Merry Moments Map will be eligible to receive the First Place Prize Package;
- the event video that receives the second largest number of “likes” on the Merry Moments Map will be eligible to receive the Second Place Prize Package; and
- the event video that receives the third largest number of “likes” on the Merry Moments Map will be eligible to receive the Third Place Prize Package
Tie: if more than one video receives the exact same number of “likes”, Sponsor will determine, in its sole discretion, which video is eligible for a prize.
Limitation on winnings: You cannot win more than one prize package in the Contest, even if you submit two or more videos that would otherwise qualify for multiple prize packages based on the number of “likes” those videos receive.
Identification of Potential Winners: Sponsor will identify the names of that number of potential winners of the prizes as listed in Section 6 below, and notify those potential winners via email or other direct messaging, within ten (10) business days following the end of the Contest Period. The odds of winning depend on the number of eligible entries received during the Contest Period.
To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, as specified by Sponsor, an Affidavit of Eligibility and Liability/Publicity Release in order to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address or the potential winner does not respond within seven (7) days of being notified by Sponsor; (ii) any required documents are not returned as specified by Sponsor, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. An alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available.
Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
- One (1) Wyze Cam v3 Pro
- One (1) annual subscription of Cam Protect
- One (1) Wyze Mesh Router 2-pack
- One (1) 32 ft. Wyze Light Strip Pro
- (Approximate Retail Value (“ARV”) is $335)
- One (1) Wyze Cam v3 Black
- One (1) annual subscription of Cam Plus
- One (1) Wyze Bulb Color 2-pack
- (ARV is $90)
- One (1) Wyze Cam v3
- One (1) Outdoor Plug
- (ARV is $50)
- 7. Disclaimer: Sponsor, Instagram, Twitter, Reddit, Facebook, YouTube, and/or Discord, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) any failure by the Cam Plus service to accurately detect holiday images and/or objects in your event videos and/or to accurately assign a “Holiday” tag to such videos; (c) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties’ reasonable control; and (d) any Contest disruptions, injuries, losses, or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
- 8. Limitations of Liability; Releases: By entering the Contest, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of, or inability to use any prize (including claims, costs, injuries, losses, and damages related to rights of publicity or privacy, defamation, or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty, or other theory. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE PROMOTION OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE PROMOTION OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROMOTION OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE PROMOTION OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS OR SERVICES PURCHASED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
- 9. Use of Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Contest constitutes permission to use your name, hometown, aural and visual likeness, and prize information, and the name(s), hometown(s), aural and visual likeness(es) of any other individual(s) depicted in the Submission for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required (and any other individual(s) depicted in the advertising may be required) to execute a consent to the use of their name, hometown, aural and visual likeness, and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Contest, you consent to being contacted by Sponsor for any purpose in connection with this Contest.
- 10. License to Submission: By entering the Contest and providing your Submission in connection with the Contest, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license, (with the right to sublicense), to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including your name and likeness and any other individual’s name and likeness as shown and conveyed in the Submission), in connection with the Contest and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media, or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect, or confirm Sponsor's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees, or assignees, of your Submission.
- 11. Privacy: See Sponsor’s Privacy Statement at https://wyze.com/privacy-statement.
- 12. Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival within one year after the end of the Contest to the address listed in Section 16 below, Attn: Wyze Merry Moments Contest, or via email at email@example.com. To obtain a copy of these Official Rules, visit https://www.wyze.com/pages/promotional-terms-conditions or send a stamped, self-addressed, business-size envelope to the address listed in Section 16 below, Attn: Wyze Merry Moments Contest. VT residents may omit return postage.
- 13. Intellectual Property Notice: WYZE is a trademark of Wyze Labs, Inc. The Contest and all accompanying materials are copyright © 2022 by Wyze Labs, Inc. All rights reserved.
- 14. Disputes: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON OR THE APPROPRIATE STATE COURT LOCATED IN KING COUNTY, WASHINGTON. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
- 15. General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to suspend or cancel the Contest or any entrant's participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor's reasonable control affect the administration, security, or proper play of the Contest, or Sponsor otherwise becomes (in its discretion) incapable of running the Contest as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Contest, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest, or any other entrant (as determined in Sponsor's discretion) are subject to disqualification from the Contest. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
- 16. Sponsor: Wyze Labs, Inc., 5808 Lake Washington Blvd NE, Suite #301, Kirkland, WA 98033.
Help Us Keep the Community Strong
- Each of us is an important part of the Wyze community. If you see something that you think may violate our guidelines, please help us by using our built-in reporting option. We have a dedicated team that reviews these reports and works as quickly as possible to remove content that doesn’t meet our guidelines. We may remove entire videos if only one single frame violates our guidelines.
- We may work with law enforcement, including when we believe that there’s risk of physical harm or threat to public safety.
- We reserve the right to remove any videos and/or other user content at any time, in our sole discretion, if we determine that such videos/content violate these Community Rule and/or our Terms.
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