This Terms of Service Agreement (the "Agreement") is an agreement between you (the "User") and Hoy Technology Asia Corp. ("HTAC", "we", or "us"). We provide Users with a social media platform for advertising with access to certain Materials (as defined below) to help our users capture memories with their smartphones and the brands that they patronize (collectively, the "Services") directly through a mobile application ("Hoy" or "Hoy!").
and we’ll be happy to hear from you.
A. DISAMBIGUATION / DEFINITION OF KEYWORDS AND PHRASES
A.1) Hoy (otherwise, the "Service") is an advertising rewards (i.e., adrewards) platform for advertising wherein you upload your self portrait (otherwise,"Selfie") photos and videos that capture moments and memories with the brands that you relate with.
A.2) A "Selfie" is a self-portrait photograph, video, or moving image (e.g., gif) taken with a hand-held digital camera or camera phone. Portraits of you taken by other people may also be considered a Selfie. A Selfie may also be referred to herein as a Memory.
A.3) A "Brand” is a product or service provider such as restaurants, clothing retailers, food and/or beverage companies, telecommunications companies and other merchants that sell or provide products and services that we love. Brands sponsor the campaigns and the rewards that Hoy users will receive for successfully participating in the campaign. Brands that distribute fast-moving consumer goods (FCMG) may also place campaigns with Hoy for the distribution of their products. Brand may also be interchangeably referred herein as Merchant and/or Advertiser.
A.4) A "Post" is a photo or video that a user uploads when pursuing a reward through supporting a Brand’s product. Posts may be photos or videos of you that are taken by you or by other people. Posts may be a self-portrait in still photo or video form, that depict the brand(s), product(s), or establishment(s) that the Brand is intending to promote.
A.5) "Goals" are selfie tasks that are set and required by the Brand that pertains to a memory the user must capture. A Goal must require the Users to submit a post. For example, a brand may specify a Goal wherein the user must take a selfie with the brand’s logo. Posts must follow the Goal and general rules set in the campaign to be qualified for the Reward.
A.6) A “Like” is a reaction received by the user’s selfie posted on Facebook or through Hoy. Clicking like on a post is an easy way to let your favorite brands and your Hoy network know that you enjoy the Memory even without leaving a comment. A Like may be made visible to the public such that when you like a post, the advertiser, your friends and social network may be notified of your reaction to the post. Only one unique Like per user regardless of platform (Hoy or Facebook) will be captured per post. For selfies posted on Facebook, not all of the reactions received will be considered a qualified Like. A negative response on your posted memory, such as when your friends choose the Angry reaction, will not be considered a qualified “Like”, and that negative reaction will not be counted toward your total number of likes.
A.7) A "Reward" is a product or service awarded to a user from the Brand when the user’s post has successfully followed the campaign Goals. For High-Value Rewards Campaign, the users to be rewarded are those whose entries have garnered the most number of likes from Hoy and Facebook, and those whose entries have been selected by the Brand after the campaign period has ended. Rewards may be awarded in a first-come-first-served basis depending on the number of Rewards being given by the Brand. The type and number of Rewards are set by the Brand sponsoring the campaign and the distribution of the Reward is subject to conditions as set in our Reward Redemption Policies.
**A.8) "User Verification" is the process of either manual or automated verification of the user’s identity. The verification process includes but may not be limited to the following: "Facial Recognition" and "Live User Verification".
A.10) "Redemption" is the act of claiming a Reward. A rewarded user will receive a Digital Stub in the Hoy app containing details and instructions on how to get the reward. See Rewards Redemption.
A.11) A "Digistub" is in-app digital stub that a User receives when he or she receives a Hoy Reward. The Digital Stub contains details about the Reward, instructions on how to redeem the Reward, and user information. See Rewards Redemption.
A. 12) A “Campaign” is a selfie marketing campaign that gives the User an opportunity to earn rewards when the User shares photos or videos featuring the Brand.
A. 13) A “Quick Rewards Campaign” is a type of campaign where the users submit a video entry that contains a branded animated filter provided by the Brand. The video must be seven seconds long and must prominently feature the face of the User for a good portion of the video. The User must submit a valid video entry to receive the Reward. The Users’ selfies do not need a single like in order to qualify for the Reward.
A. 14) A “High-Value Rewards” is a type of Campaign where Users must submit a photo Selfie in during a start and end date (i.e., duration) of the Campaign. For photo Selfies, the photo must include a caption that tells a story about the photo being submitted. The total number of likes that the Selfies receive will be counted after the duration of the Campaign and only likes from unique users will be counted towards the total number of likes. Users whose Selfies have garnered the highest number of likes from Hoy and Facebook, and Users whose selfies are selected by the Brand will receive the Rewards. The total number of Users who will receive the Rewards will be equivalent to the number of Rewards set by the Brand.
B. BASIC TERMS
B.1) You must be at least 18 years old or above to use the Service.
B.2) You must take a Selfie with the brand logo, product, or other visual element specified in the Goal. Selfies of you taken by other people and uploaded to Hoy may also be accepted.
B. 3) Your Post must be a presentable Selfie with acceptable quality. Your Selfie must show a clear and unobstructed view of your face and the Brand’s logo, product or any other visual element as specified in the Goal.
B.4) A group photo or video is acceptable, provided that your face is recognizable enough from the group.
B.5) Posts that have obstructed or cropped view of the Brand’s logo, product or any other specified visual element will not be accepted and may disqualify your Post from receiving the Reward.
B.6) Applying image filters in your Post whether in the photo or in video may be allowed to a minimal degree. Minimal alterations are accepted as long as the filters do not alter the product, brand logo, color, or its presentation. The following image enhancements are not allowed: monochrome (black & white) or saturation settings, tiled, grid or inset (photo in photo) layouts, icons/stickers, texts, frames, and borders.
B.7) Your Post must include a caption that describes a story behind the Selfie or a comment describing why you support the Brand. Captions must be descriptive with regards to the Selfie or the Brand you are promoting.
B.8) Avoid excessive use of emojis, smileys, and the like in your captions. Excessive use of emojis, smileys, and the like may disqualify your Post from receiving the Reward. Limit your emojis to less than five characters.
B.9) Mentioning of the word “likes”, “rewards,” in the context of soliciting Likes, and other similar explicit solicitations of Likes for your Post will automatically disqualify your Post from receiving the Reward.
B.10) Editing of captions of Posts posted in Facebook will automatically delete your Post in Hoy and Facebook, thereby disqualifying your Post from receiving the Reward.
B.11) Changing the privacy settings of Posts posted in Facebook will automatically delete your Post in Hoy and Facebook, thereby forfeting and disqualifying your Post from receiving the Reward.
B.12) Once your Post is rewarded and even after you have received your Reward, do not delete the published Post. Repeatedly doing so will be a cause for banning you from the community and may prevent you from joining future campaigns.
B.13) Your Post must have a noticeable difference from other Posts that contain the same brand/product, setting, or people involved in it. For example, you and your friends may have taken several photos together. Each of your submitted photos must be in noticeably different poses, angles or composition. The same photo should not be uploaded twice. Not following these specifications may invalidate your Hoy Post for winning rewards.
B.14) You must not use mocking or offensive images depicting the product or brand.
B.15) You must not post violent, nude or partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive images or other malicious content which may offend other users or brands. Please refer to our Hoy Social Guidelines.
B.16) Posts that include other persons may be posted only if you are in the Post and the other persons in the Post have given you explicit permission to publish it in Hoy and/or Facebook.
B.17) You are solely responsible for any activity that occurs under your Hoy account.
B.18) You must not create another account in Hoy or use another user's account in order to get Likes and pursue the Rewards. If you are proven to have created fraudulent accounts, you will be banned from using Hoy.
B.19) Using of bots that generate likes or using any other auto-likes and similar applications is strictly prohibited. Anyone proven to be abusing the Like system through the use of fraudulent accounts and auto-like bots will be banned from using Hoy.
B.20) You must not abuse, harass, threaten, impersonate or intimidate other Hoy users. You must not use Hoy to make any untoward comments, interpretation, or opposing opinion about the brand or commercial partner while using the Service.
B.21) You must not hack, modify, use Hoy fictitiously, or falsify any authorization under HTAC.
B.22) You must not access HTAC and Hoy’s private API by other means than by the mobile application itself.
B.23) You must not crawl, cache, or scrape contents from the Service including but not limited to user profiles, photos and other means of identification.
B.24) You must not create or post unwanted photo comments or spam to any User.
B.25) You must not use the Service to transmit virus or any malicious or destructive code to other Users.
B.26) You must not use the Service to violate any laws in your jurisdiction including but not limited to copyright laws.
B.27) You represent all information and Materials that you give out or provide to Hoy upon user sign-up. You have agreed to provide us with your identification that at all times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain the truth and accuracy.
B.28) Violating any of these agreements will result to your Hoy account termination. Even as HTAC has enumerated the guidelines on using the Service, you understand and concur that we are not responsible for the user-uploaded Content posted on Hoy, its mobile application, its corporate websites, and other related media. You understand that as a Hoy user, you may be exposed to such materials thusw you are using the Service at your own risk.
C. REWARDS REDEMPTION
C.1) Posts marked as pending for Rewards shall undergo the approval of the Hoy Verification Team and/or the Brand sponsoring the Rewards. The approval will verify the eligibility of the Posts based on the Goal set in the campaign, the General Rules, and the qualified number of Likes. The Brand and Hoy make the final decision regarding the approval of the Post.
C.2) For High-Value Rewards, the Reward being pursued is obtained after the duration of the campaign period, as specified by the Brand. After the duration of the campaign period, the Posts that receive the required number of Likes and is determined to have adhered to the Goal and General Rules will receive half of the number of the rewards, while the remaining half will be given to Posts that have been selected by the Brand.
C.3) For Quick Rewards, the Rewards will be given on a first-come-first-served basis based on the number of Rewards to be given, as specified by the Brand. The earlier-submitted Posts that is determined to have adhered to the Goal and General Rules will be entitled to the Reward first.
C.4) Claiming of rewards is valid within thirty (30) days upon receiving the Digital Stub, unless an expiration date is explicitly stated in the Digital Stub.
C.5) Rewarded Users will get a Digital Stub containing the following: (a) unique code (e.g., a 10-digit alphanumeric code, a bar code, or a QR code), (b) reward description, and (c) redemption instruction. Users may redeem their rewards by presenting the Digital Stub and a valid ID for verification only at the redemption locations specified on the Digital Stub.
C.6) Users whose Hoy personal information and identification requirements do not match may not be allowed to claim the Reward. Acceptance or denial of the user’s Reward claims will be at the discretion of the Brand.
C.7) HTAC does not support shipping of Rewards to Users and HTAC and the Brands are not responsible for shipping and for shouldering shipping costs of the Rewards to Users, unless otherwise explicitly stated in the campaign. Users need to claim the Rewards in person.
C.8) In cases when the Reward is not available upon redemption, the Brand has the option to exchange the Reward for another product or service of the same value. This applies to Rewards that are distributed at the Brand’s retail store. However, if the redemption location is a third-party store (i.e., not the Brand’s retail store such as, for example, a convenience store), the Reward may not be exchange for another product or service of the same value. The User may visit another brand of the third-party store to redeem the Reward. Alternatively, the Brand and the User may agree to move the Rewards redemption at another place and/or time until the Reward is available. The Brand and/or the third-party store are responsible in dispensing their Rewards. HTAC is not responsible and will not be held liable for issues regarding the Rewards other than Brands adhering to the handing out of their Rewards to qualified users.
Users who may have concerns regarding rewards redemption may email to [email protected]
D. GENERAL CONDITIONS
D.1 What We Own
HTAC owns and maintains the Services and all Materials provided by or uploaded to Hoy by its affiliates, employees, agents, advertisers, commercial partners or vendors. The Material include but does not limit to software, all information text, software documentation, design of and ”look and feel ”, layout, photographs, graphics, audio, video, messages, interactive and user messages, design and functions, files, documents, user images, or other materials whether publicly posted or privately transmitted as well as other derivatives works thereof (collectively, the "Materials"), are owned by Hoy or other parties that have licensed their material or provided services to us, and are protected by copyright trademark, service marks, logos, slogans, and tag lines are the proper of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on Hoy without our approval, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan, or tagline that may be used before or during a Hoy campaign.
D.2 Right To Use.
HTAC does not claim ownership of user-uploaded Content that you have provided, posted or uploaded through the Service. By agreeing to these Terms, HTAC is given complete rights to use such Content in any manner and for any purpose with or without further explicit permission from the User.
HTAC may also use the photos, videos, name, and campaign details of vendors, advertisers, or commercial partners using the Service for the purpose of advertising through and outside the application.
By agreeing to these Terms, You hereby grant HTAC a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have granted all the rights necessary for us to use such license.
D.3 What You Provide To Us
You are legally responsible for all information, data, text, sound, photographs, graphics, messages, or other materials uploaded, posted, or stored in connection with your use of the Services ("Content"). You are responsible for any Content that may be lost or unrecoverable through your use of the Services.
D.4) Comments & Feedback
All inquiries, suggestions, feedback, comments, ideas that you provide to us ("Comments") are not confidential.
For any concerns regarding the mobile application and its campaigns, the User may send an email to [email protected]
D.5) Monitor What You Provide To Us
HTAC, in behalf of its partner Brands, has the obligation to monitor Content uploaded to or posted on Hoy, our corporate website, or other media related to our Services. We may disclose any necessary information that we deem appropriate to satisfy our legal obligations, and to protect Hoy users and partner Brands or clients, or to operate properly. HTAC may require you to remove any Content or User post in part or whole, alleged to be unacceptable, inappropriate, or in any way violating this Agreement.
HTAC and its administrators may issue a warning message to Users found violating this Agreement. If the action persists and is no longer tolerable, HTAC may terminate the User account without further notice.
HTAC will require all Users to place their account behind password protection. HTAC will require a User confirmation using facial recognition and a live-video verification all of which are further discussed in the Tech Features section.
D.6) Copyright Complaint & IP Violations Policy
HTAC, its staff, and partner Brands/Merchants are careful to exercise the rights of the Users, and we expect you to do the same.
We provide you with tools to help you protect your intellectual property rights. If you believe that any Materials or Content infringe your copyrighted works, you may provide a notification of claim of such infringement to [email protected]
If any User repeatedly infringes other people s intellectual property or copyrighted content, HTAC will disable your account as deemed appropriate
E. DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE CONTENT THAT IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER HTAC NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "HTAC PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE HOY CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO HTAC OR VIA THE SERVICE. IN ADDITION, HTAC PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE HTAC PARTIES THROUGH THE NATURE OF ITS SERVICES MAY ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
F. LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE HTAC PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) HOY CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE HTAC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE HTAC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE HTAC PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF HTAC ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE HTAC PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE HTAC PARTIES.
HTAC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Except if you opt-out or for disputes relating to: (1) your or HTAC's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms, you agree that all disputes between you and HTAC (whether or not such dispute involves a third party) with regard to your relationship with HTAC, including without limitation disputes related to these Terms of Service Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Philippine s Law or of any rules for arbitration of consumer-related disputes and you and HTAC hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor HTAC will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if HTAC is a party to the proceeding. This dispute resolution provision will be governed by the Philippine Law if applicable.
I. TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with HTAC must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
J. GOVERNING LAW & VENUE
K. ENTIRE AGREEMENT
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service Agreement constitute the entire agreement between you and HTAC and governs your use of the Service, superseding any prior agreements between you and HTAC You will not assign the Terms of Service Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of HTAC. Any purported assignment or delegation by you without the appropriate prior written consent of HTAC will be null and void. HTAC may assign these Terms of Service Agreement or any rights hereunder without your consent. If any provision of these Terms of Service Agreement is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Service Agreement and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Service Agreement remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Service Agreement. These Terms of Service Agreement do not confer any third-party beneficiary rights.
L. TERRITORIAL RESTRICTIONS
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject HTAC to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that HTAC provides.