2012 AllJoyn Peer-2-Peer App Challenge Official Rules – (the “Official Rules”)
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
The 2012 AllJoyn Peer-2-Peer App Challenge (the “Competition”) is an initiative of Qualcomm Incorporated challenging the software development community to develop and commercialize Android games, social applications, and educational applications using the AllJoyn Software Development Kit (“SDK”) made available by Qualcomm Innovation Center, Inc. (“QuIC”) The Competition is intended to provide recognition to individuals, teams of individuals, for-profit legal entities and/or non-profit organizations (collectively, “Contestants”) for developing innovative apps that use the AllJoyn proximity-based, device-to-device communication SDK to enable peer-to-peer connectivity and instant communication.
The Competition is subject to all applicable laws and is void where prohibited. Participation constitutes Contestant’s full and unconditional agreement to these Official Rules and to the Sponsor (as defined below) and the Administrator’s decisions which are final and binding in all matters related to the Competition. Winning a prize is contingent upon fulfilling all requirements set forth in the Official Rules.
Additionally, Contestants must at all times comply with the QuIC license terms & conditions associated with the AllJoyn SDK which are located at https://www.alljoyn.org/about/license and incorporated by reference into these Official Rules. Failure to do so may result in disqualification from the Competition and, if applicable, revocation of a Prize, at the sole discretion of the Sponsor and the Administrator.
1. Sponsor and Administrator
Sponsor: Qualcomm Incorporated, 5775 Morehouse Drive, San Diego, CA 92121, USA.
Administrator: ChallengePost, Inc., 425 W. 13th Street, Suite #504, New York, NY 10014, USA.
2. Competition Schedule
Submission Period: September 17, 2012 (10:00am Eastern Time, USA) – December 27, 2012 (5:00pm Eastern Time, USA)
Public Voting Period: January 16, 2013 (10:00am Eastern Time, USA) – January 29, 2013 (5:00pm Eastern Time, USA)
Judging Period: January 16, 2013 (10:00am Eastern Time, USA) – January 29, 2013 (5:00pm Eastern Time, USA)
Winners Announced: On or around February 26, 2013 (5:00pm Eastern Time, USA)
A. The Competition is open only to:
(i) individuals who have reached the age of majority in their jurisdiction of residence at the time of entry and are legal residents of the following countries as of the time of entry:
• United States;
• South Korea;
• United Kingdom; or
(ii) teams of eligible individuals where each team member meets the eligibility requirements for individual Contestants; and
(iii) corporations (including not-for-profit corporations and other nonprofit organizations), limited liability companies, partnerships, and other legal entities that, at the time of entry, are domiciled (or incorporated) in the United States Japan, China, India, South Korea, Germany, the United Kingdom, or Israel, have been duly organized or incorporated and validly exist, and (a) employ fewer than fifty (50) people (“Organizations”); or (b) employ 50 or more people (“Large Organizations”).
Large Organizations may compete only for the “Large Organization Recognition Award”, and are not eligible to compete for the Best Overall Application Awards, Category Awards, or the Popular Choice Awards.
B. Contestants must own or have access at their own expense to a computer, an Internet connection, and any other electronic devices, documentation, software or other items that Contestants may deem necessary to create and enter their Submission.
C. Each team, Organization, or Large Organization shall appoint one individual (the “Representative”) to represent and act, including entering a Submission, on behalf of said team, Organization, or Large Organization. The Representative must meet the eligibility requirements for an individual Contestant and must be duly authorized to submit on behalf of the team, Organization, or Large Organization. The Representative represents and warrants that (i) he/she is duly authorized to act on behalf of the team, Organization, or Large Organization; and that (ii) each member of the team (or in the case of Organization or Large Organization, each participating member) has read the Official Rules and agrees to abide by these Official Rules. The Representative will ensure that each member of the team, Organization, or Large Organization reads, agrees to and complies with the Official Rules.
D. An individual may join more than one team, Organization, or Large Organization, and an individual who is part of a team, Organization, or Large Organization may also enter the Competition on an individual basis.
E. The following individuals, teams, Organizations and Large Organizations are not eligible regardless of whether or not they meet the criteria set forth above:
(i) the Sponsor, the Administrator and any advertising agency, contractor or other company involved with the design, production, promotion, execution, or distribution of the Competition;
(ii) any individual involved with the design, production, promotion, execution, or distribution of the Competition and each member of any such individual’s immediate family or household;
(iii) any company or individual that employs any Judge or that otherwise has a material business relationship or affiliation with any Judge;
(iv) any parent company, subsidiary, or other affiliate of any company described above; and
(v) all employees, representatives and agents of the organizations and individuals described above (and their respective parent organizations, subsidiaries, and other affiliates) and all members of any such employee, representative or agent’s immediate family or household.
F. For purposes hereof:
(i) the members of an individual’s immediate family include such individual’s spouse, children and step-children, parents and step-parents, and siblings and step-siblings; and
(ii) the members of an individual’s household include any other person that shares the same residence as such individual for at least three (3) months out of the year.
4. Competition Submission Period
A. Contestants may enter a Submission between September 17, 2012 at 10:00am Eastern Time, USA and December 27, 2012 at 5:00pm Eastern Time, USA (the “Competition Submission Period”). The Administrator’s computer is the official time keeping device for this Competition.
B. Any Submission entered following the Competition Submission Period shall be disqualified.
5. Registration and Submission
(i) Beginning at 10:00am Eastern Time, USA on September 17, 2012, visit http://AllJoynAppChallenge.com (the “Competition Website”) and click “Sign Up” to create a ChallengePost account, or click “Log In” and log in with an existing ChallengePost account. There is no charge for creating a ChallengePost account.
(ii) After a Contestant signs up on the Competition Website a confirmation email will be sent to the email address provided by the Contestant. The Contestant should use the confirmation email to verify their email address.
(iii) Contestant should indicate their agreement in participating by clicking “Accept this Challenge” on the Competition Website in order to receive important Competition updates.
(iv) In the event of a dispute pertaining to this Competition, the authorized account holder of the email address used to sign up for the ChallengePost account used to enter the Submission will be deemed to be the Contestant (in case of an individual) and the Contestant’s Representative, in the case of a team, Organization, or Large Organization. The “authorized account holder” is the natural person or legal entity assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Contestants generally and potential winners may be required to show proof of being the authorized account holder.
(i) Each Contestant should visit http://www.alljoyn.org to learn about AllJoyn and to download the AllJoyn SDK.
(ii) Contestants must create a working Android game, social application or educational application, which utilizes the AllJoyn SDK (available for download at http://www.alljoyn.org) (each an “Application”).
(iii) During the Competition Submission Period, Contestant must visit the Competition Website and confirm that it has or, if Contestant is a Representative, all members of their team, Organization or Large Organization have, read and agree to the Official Rules. Then, Contestant must submit its Submission by providing:
a. the name of the Application;
b. a text description of the Application;
c. at least one image (screenshot) of the working Application;
d. a link to a video posted on YouTube.com, or Vimeo.com (or, for Contestants in China, a video sharing website accessible by the general public) that clearly demonstrates the Application’s functionality and features; and
e. one of the following: (x) a link to an app store where the Application can be accessed or downloaded by the public; or (y) an .apk file containing the Application.
(iv) For sake of clarity, the name, text description, image, video link, and the link to the Application or the uploaded .apk file, as applicable, must all be submitted at the same time. All Submissions must be received by no later than 5:00pm Eastern Time, USA on December 27, 2012.
(v) Contestants must select one of the following categories when entering their Submission: education, social, and game. Additionally, if applicable, Contestant may also select the multi-screen category. Sponsor and Administrator may in their sole discretion re-categorize a Submission if they deem that a category different from that selected by the Contestant is more appropriate, or, if no category is appropriate, may disqualify the Submission.
(vi) Contestants that are an Organization or Large Organization must indicate such when entering a Submission.
6. Submission Requirements
A. Language Requirements
Submissions, including the Application, video, and textual materials, must be in English, except that textual material in a language other than English will be accepted if accompanied by an English translation of that text.
B. Image, Video and Text Description Requirements
(i) The text description must describe the Application’s key features and functionality.
(ii) The image(s) included in the Submission must be photographs or screenshots of your working Application.
(iii) The video portion of the Submission:
a. must be no longer than five (5) minutes;
b. must clearly demonstrate the Application’s features and functionality; and
c. must not include music or other copyrighted material unless the Contestant has written permission to use such material
(iv) If the video is primarily promotional rather than a demonstration of the Application’s functionality, the Submission may be disqualified at the Sponsor’s and/or Administrator’s sole discretion.
C. Application Requirements
(i) The Application must be able to be successfully installed on a device and must operate without aborting on the device for which it is intended.
(ii) The Contestant may offer a paid version of the Application, but the submitted version must be free of charge until the Judging Period has ended. Features that are exclusive to the paid version will not be considered by the judges. If the Application includes some features that are unlocked with payment, those features should not be part of the Submission. If the Submission video or description includes the paid features, the Submission may be disqualified
(iii) Any application that incorporates AllJoyn technology and was published to a publicly accessible Android application store prior to the start of the Competition Submission Period is not eligible to participate in this Competition. However, a Contestant may submit into the Competition an application that was published to a publicly accessible Android application store prior to the start of the Competition Submission Period, if (i) the Application submitted incorporates new functionality, features and changes into the application user experience as a result of using the AllJoyn SDK; and (ii) such new functionality, features and changes were not previously available in the version of the application published in the publicly accessible Android application store prior to the start of the Competition.
(iv) The Competition is intended to recognize Contestants creating Applications that are available to the general public. Each Application must be available free of charge for testing, evaluation and use by the Competition Sponsor, Administrator and judges during the Competition and until the Judging Period ends at 5:00 Eastern Time, USA on January 29, 2013. Therefore, all Applications submitted to the Competition must (i) be available for download and use free of charge from a publicly accessible app store or (ii) have been submitted to such an app store for distribution, such that, once approved by the app store, the Application will be available for download and use by the public free of charge during the Judging Period (in which case Contestants much submit the Application in an .apk file with their Submission, as further described above).
After the Judging Period, Contestants may charge a fee for download of the Application on a publicly available app store or offer it for free.
D. General Requirements
(i) Submissions must not:
a. violate applicable law;
b. depict hatred;
c. be in bad taste;
d. denigrate (or be derogatory towards) any person or group of persons or any race, ethnic group or culture;
d. threaten a specific community in society, including any specific race, ethnic group or culture;
e. incite violence or be likely to incite violence;
f. contain vulgar or obscene language or excessive violence;
g. contain pornography, obscenity or sexual activity; or
h. disparage the Sponsor.
(ii) Submissions must not attempt to duplicate a prior Submission already submitted in this Competition. Sponsor or Administrator reserves the right in its sole discretion to disqualify any Submission that is a duplicate or substantially similar to another Submission.
(iii) Submissions must be free of malware. Contestant agrees that the Sponsor and the Administrator may conduct testing on the Application to determine whether malware or other security threats may be present. Submission not complying with these requirements may be disqualified.
E. Additional Terms.
(i) Once a Submission has been submitted, Contestant may not make any changes or alterations to the Submission (including the associated Application) until after the Judging Period has ended.
(ii) Each Application may be tested by the Administrator, the Sponsor or their designees. Submissions may be disqualified if the Application does not function as depicted in the video or expressed in the text description, at the Sponsor’s and/or Administrator’s sole discretion.
(iii) A Contestant may submit more than one Submission. However, each Submission must be unique, as determined by Sponsor and/or the Administrator in their sole discretion. If a Contestant enters two or more Submissions that are substantially similar, the Sponsor and Administrator reserve the right to disqualify Submissions or require the Contestant to choose one Submission to enter into the Competition.
(Iv) By entering a Submission, Contestant represents, warrants and agrees that the Submission (including, without limitation, the Application) is the original work of the Contestant and complies with the Official Rules.
Contestant further represents, warrants and agrees that any use of the Submission by the Sponsor, Administrator and/or Judges (or any of their respective partners, subsidiaries and affiliates) as authorized by these Official Rules, shall not:
a. infringe upon, misappropriate or otherwise violate any intellectual property right or proprietary right including, without limitation, any statutory or common law trademark, copyright or patent, nor any privacy rights, moral rights nor any other rights of any person or entity;
b. constitute or result in any misappropriation or other violation of any person’s publicity rights or right of privacy.
7. Submission Rights
A. Subject to the licenses described below, any applicable intellectual property rights to a Submission will remain with the Contestant.
B. By entering the Submission to this Competition, Contestant grants to the Sponsor and the Administrator, and any third parties acting on behalf of the Sponsor and/or the Administrator, a non-exclusive, irrevocable, royalty free and worldwide license to use the Submission, any information and content submitted by the Contestant, and any portion thereof, and to display the Submission, and any portion thereof, on the Challenge website during the Competition and for 36 months after its conclusion. Sponsor and the Administrator, and any third parties acting on their behalf will also have the right to publicize Contestant’s name and, as applicable, the names of Contestant’s team members, Organization, or Large Organization which participated in the Submission (the “Contestant Names”) solely on the Challenge Website. Additionally, Contestant grants Sponsor a non-exclusive, irrevocable, royalty-free, worldwide, sublicensable license to use, perform, prepare derivative works of and display the Submission, any information and content submitted by the Contestant, and any part thereof (including without limitation, the Application) and the Contestant Names in any media whatsoever, for advertising and publicity purposes relating to AllJoyn and/or the Competition during the Competition and for three (3) years thereafter.
8. Display of Submissions and Public Voting
A. Eligible Submissions will be posted on the Competition Website on a rolling basis after being screened and/or tested by the Administrator for basic functionality, accuracy of messaging, integrity (i.e., security) and appropriateness of content. The Administrator has the right to request additional information and be provided access to the Application in person or via any reasonable manner to verify the Application functions and operates as stated in the Submission. Failure by a Contestant to respond or honor such a request may result in disqualification of the Submission.
B. Posting of a Submission to the Competition Website does not constitute a final determination by the Sponsor and/or Administrator that the Submission met requirements.
C. Non-Contestants interested in the Competition may obtain updates on the competition by creating an account on Competition Website or by logging in using an existing ChallengePost account. Additionally, such registered visitors (“Registered Visitors”) will be able to cast one vote during the Voting Period for each of their favorite Submissions as part of the Popular Choice Awards, as further described in Section 12 below.
9. Winner Selection and Judging Criteria
A. Except in the case of the Popular Choice Awards, all Submissions will be judged by an expert panel of impartial judges (the “Judges”) selected by the Sponsor and the Administrator. Such Submissions may initially be screened by a qualified internal panel selected by the Sponsor at its sole discretion. The internal panel will judge these Submissions on the criteria identified in these Official Rules to select finalist Submissions. Finalist Submissions will then be judged by the expert judging panel determined by the Sponsor and identified on the Competition Website. The internal panel and expert judging panel are not required to test the Application and may choose to judge based solely on the text description and video provided in the Submission. The Sponsor and the Administrator reserve the right to substitute or modify the judging panel at any time for any reason.
B. All Judges shall be and remain fair and impartial. Any Judge may recuse him or herself from judging a Submission if the Judge, the Sponsor or the Administrator considers that it is inappropriate, for any reason, for the Judge to evaluate a specific Submission or group of Submissions.
C. A Contestant’s likelihood of winning will depend primarily on the number and quality of all of the Submissions, as determined by the Judges using the criteria in these Official Rules. The dates for the judging panel are January 16, 2013 at 10:00am Eastern Time, USA and January 29, 2013 at 5:00pm Eastern Time, USA (the “Judging Period”).
10. Best Overall Applications
A. Criteria (equally weighted):
(i) Quality of the app idea (including creativity and originality);
(ii) Implementation of the app idea (includes how well the idea – described in the “Description” area of the submission - was executed by the developer and how well AllJoyn technology was integrated); and
(iii) Overall user experience (includes design, graphics, typography, visual aesthetic and impact on peer-to-peer connectivity).
B. The eight (8) finalist Contestants whose Submissions earn the highest overall scores will become potential winners of the Prizes identified below in Section 15.
C. Tie Breakers. In the event of a tie between or among two or more Submissions, the tied Submission with the highest score in the Quality of app idea category shall be deemed the higher scoring finalist Submission (“First Tie-Breaker”). In the event any ties remain after the First Tie-Breaker, the remaining tied finalist Submission with the highest score in the Implementation of app idea category shall be deemed the higher scoring finalist Submission (“Second Tie-Breaker”); in the event any ties remain after the Second Tie-Breaker, the remaining tied finalist Submission with the highest score in the Overall user experience category shall be deemed the higher scoring finalist Submission (the “Tie-Breaker Criteria”).
11. Best Category Applications – Best Multi-Screen Experience, Best Game, Best Social App, and Best Education App
A. To be considered for the applicable Category Prize(s), an Application must meet the following award category requirements:
|Multi Screen Apps||Application must include a multi-screen experience including shared experience between television and tablet, television and smartphone, desktop PC and tablet, or desktop PC and smartphone devices whereby the application(s) across the devices work together to create an experience that is reliant on both screens.|
|Education Apps||Application should include educational content (for any age group) and be primarily focused on learning activities.|
|Social Apps||Application should include communications tools providing instant communication between devices.|
|Games||Application should be a multi-player game.|
B. The Contestant will have the option to select within which Categories their Submission will be evaluated. The Contestant will indicate at the time of entry whether their Application is a multi-screen app and separately choose no more than one category from Educational App, Social App, and Games, which applies to their Application. At any time, and at its sole discretion, the Sponsor will have the ability to re-assign a submitted Submission from one Category to another. A multi-screen Submission may be eligible for one the other category prizes. All categorized Submissions will be eligible to win the Best Overall Application Awards and the Popular Choice Awards.
C. Submissions that include an Application that are entered into the Education Apps, Social Apps or Games category and meet the applicable category requirements will be evaluated for Category Prizes based on the following criteria (to be equally weighted):
(i) Quality of the idea (including creativity and originality);
(ii) Implementation of the app idea (includes how well the idea – described in the “Description” area of the submission - was executed by the developer and how well AllJoyn technology was integrated); and
(iii) Overall user experience (includes design, graphics and impact on peer-to-peer connectivity).
Submissions entered into the Multi-Screen Apps category and that meet the applicable Multi-Screen Apps category requirements will also be evaluated on a fourth criterion:
(iv) Quality of Multi-screen experience (Includes shared experience between television and tablet, television and smartphone, desktop PC and tablet, or desktop PC and smartphone devices whereby the application(s) across the devices work together to create an experience that is reliant on both screens).
The criteria listed in (i) – (iv) above are, collectively the “Category Criteria”.
D. The one (1) finalist Submission in each category that earns the highest overall score based on the Category Criteria will become potential winners of the applicable Category Prize identified below in Section 15. If there is a tie between or among two or more Submissions, the higher scoring Submission will be determined by the Tie-Breaker Criteria described in Section 10(C).
E. Large Organizations are not eligible to compete for or win Prizes in the Education Apps, Social Apps, Games or Multi-screen categories.
12. Popular Choice Awards
A. The public voting is scheduled to take place between January 16, 2013 at 10:00am Eastern Time, USA and January 29, 2013 at 5:00pm Eastern Time, USA (the “Voting Period”). Public voting will determine the potential winners of the Popular Choice Awards. Large Organizations shall not be eligible to compete for or win a Popular Choice Award.
B. Public votes may be displayed on the Competition website, on a real-time basis, before being verified for integrity. These unverified votes will not necessarily reflect accurately the voting for the Popular Choice Awards.
C. The potential winner of the Popular Choice Awards will be determined on the basis of the verified vote counts, as determined by the Sponsor or the Administrator. The Sponsor and the Administrator reserve the right to extend the Voting Period at any time for any reason.
D. Two (2) potential winner(s) of the Popular Choice Award Prizes (described in Section 15 below) will be selected based solely on the highest number of votes received from Registered Visitors on the Competition Website. If there is a tie between or among two or more Submissions for the Popular Choice Award(s), the higher scoring Submission will be determined by the Tie-Breaker Criteria (described in Section 10(c) above).
E. The likelihood of being selected to win a Popular Choice Award depends on the total number of verified votes received on the Submissions relative to other Contestants.
F. Use of an automated process or similar device to submit an electronic vote is strictly prohibited. Any attempt to circumvent the one-vote limit per Submission, including the use of multiple email addresses or any form of automated vote processes will subject all votes from the person or entity to disqualification. The Sponsor and/or the Administrator reserves the right to disqualify any Contestant at their sole discretion, if a Contestant receives multiple and/or irregular votes from the same user or users, or receives votes in a manner that otherwise may indicate automated or non-automated vote manipulation. If the voting process for the Popular Choice Awards fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsor and/or the Administrator at their sole discretion reserve the right to determine the winner by using non-suspect votes, or by any other means the Administrator deems appropriate. If no alternative means of determining a winner of the Popular Choice Award is available, Administrator may eliminate the Popular Choice Award. Contestants may not pay or otherwise compensate anyone or provide any other type of consideration in exchange for votes.
13. Large Organization Recognition Award
A. Criteria (equally weighted)
(i) Quality of the idea (including creativity and originality);
(ii) Implementation of the idea (includes how well the idea – described in the “Description” area of the submission - was executed by the developer and how well AllJoyn technology was integrated); and
(iii) Overall user experience (includes design, graphics and impact on peer-to-peer connectivity).
B. One Large Organization Contestant whose Submission earns the highest overall score for the Large Organization Recognition Award will become potential winner of the non-cash Prize identified below in Section 15. In the event of a tie between or among two or more Submissions for the Large Organization Recognition Award, the winning Submission shall be determined by the Tie-Breaker Criteria.
C. The likelihood of a Large Organization being selected to win the Large Organization Recognition Award depends on the number and quality of eligible Submissions made by Large Organizations.
14. Verification of Potential Winners
A. ALL POTENTIAL COMPETITION WINNERS ARE SUBJECT TO VERIFICATION OF IDENTITY, QUALIFICATIONS AND ROLE IN THE CREATION OF THE APPLICATION BY THE SPONSOR AND THE ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION. Potential winners must continue to comply with all terms and conditions of these Official Rules throughout the Competition and Judging Period. Potential winners will be notified using the email address associated with the ChallengePost account used to enter the Submission on or about February 26, 2013. For sake of clarity, if a potential winner is a team, Organization or Large Organization, the notification will only be sent to the Representative. In order to receive a Prize, the potential winner will be required to sign and return to the Administrator, affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within ten (10) business days (if a potential winner is a team, Organization or Large Organization, the Representative and all participating members must sign and return to the Administrator said affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within ten (10) business days).
B. At the sole discretion of the Sponsor and Administrator, a potential winner will be deemed ineligible to win if:
(i) the potential winner (or in the case of a team, Organization or Large Organization, their Representative) cannot be contacted within seven (7) business days, or is contacted and refuses the Prize;
(ii) the potential winner (or in the case of a team, Organization or Large Organization, their Representative or any participating member) fail(s) to sign and return the affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within ten (10) business days from receipt of such documents;
(iii) the Prize or Prize notification is returned as undeliverable; or
(iv) the Submission or the potential winner, or any member of a potential winner’s team or organization, is disqualified for any other reason. In the event of such disqualification, Sponsor and Administrator at their sole discretion may award the applicable Prize to an alternate potential winner. The disqualification of one (or more) team members (or, in the case of Organizations and Large Organizations, any participating members) from further consideration in this Competition for any reason may result in the disqualification of the entire team, Organization or Large Organization and of each participating members at the sole discretion of the Sponsor and/or Administrator.
|Best Overall App – Grand Prize||US$75,000||1|
|Best Overall App – Second Prize||US$25,000||1|
|Best Overall App – Third Prize||US$15,000||1|
|Best Overall App – Honorable Mention||One SnapDragonTM S4 Pro APQ8064-based Mobile Development Platform/Tablet (Estimated Retail Value: US$1,299)||5|
|Best Multi-Screen Experience Award||US$10,000||1|
|Best Social App||US$10,000||1|
|Best Education App||US$10,000||1|
|Popular Choice Award – First Prize||US$6,000||1|
|Popular Choice Award – Second Prize||US$4,000||1|
|Large Organization Award||Recognition only||1|
A. No Prize substitutions will be made except for the right of the Sponsor to make a Prize substitution of equivalent or greater value in the event the Prize or any portion thereof is unavailable. Prizes must be accepted as awarded. No transfer or substitution of a Prize is permitted except at the Sponsor’s and Administrator’s sole discretion. The Prize will be mailed to the winning Contestant’s or, if an Organization is selected as a prize winner, the Representative’s address within 45 days of receipt of the signed affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) form(s). If a team, or an Organization is selected as a Prize-winner, the associated Prize will be shipped to said team or Organization’s Representative. It will be the responsibility of the winning team or Organization’s Representative to allocate the Prize amongst its team or Organization members, as the Representative deems it appropriate.
B. Winners (and in the case of team or Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). It is the sole responsibility of Prize winners of US$600 or more to provide certain information to facilitate receipt of the award, including completing and submitting any tax forms when necessary and any applicable withholding and reporting requirements. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant Government departments/agencies, if necessary. Winners that are not resident or domiciled (for Organizations) in the United States should be aware that under United States tax laws, US withholding tax may apply to Prizes awarded. The Sponsor and Administrator reserve the right to withhold a portion of the prize amount to comply with the tax laws of the United States or those of a winner’s jurisdiction.
C. In the event a winner/potential winner’s employer or jurisdiction has a policy that prohibits the awarding of a Prize to an employee, the Prize will be forfeited and an alternate potential winner will be selected. Each Contestant hereby acknowledges and agrees that the relationship between the Contestant, the Sponsor and the Administrator, is not a confidential, fiduciary, or other special relationship, and that the Contestant’s decision to provide the Contestant’s Submission to Sponsor and Administrator for the purposes of this Competition does not place the Sponsor, the Administrator, and their respective agents in a position that is any different from the position held by the members of the general public with regard to elements of the Contestant’s Submission, except as specifically provided in these Official Rules.
16. Entry Conditions and Release
A. By entering, each Contestant (including, in the case of team, Organization and Large Organization, all participating members) agree(s) to:
(i) comply with and be bound by these Official Rules and the decisions of the Sponsor, Administrator, and/or the Competition judges which are binding and final in all matters relating to this Competition;
(ii) release, indemnify, defend and hold harmless the Sponsor, Administrator, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Contestant’s entry, creation of Submission or entry of a Submission, participation in the Competition, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of Submission as authorized or licensed by these Official Rules.
B. Without limiting the foregoing, the Released Parties shall have no liability in connection with:
(i) any incorrect or inaccurate information, whether caused by the Sponsor’s, the Administrator’s or a Contestant’s electronic or printing error or by any of the equipment, including the AllJoyn SDK, or programming associated with or utilized in the Competition;
(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Competition Website;
(iii) unauthorized human intervention in any part of the entry process or the Competition;
(iv) technical or human error which may occur in the administration of the Competition or the processing of Submissions; or
(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Contestant’s participation in the Competition or receipt or use or misuse of any Prize. If for any reason any Contestant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Contestant’s sole remedy is to request the opportunity to resubmit its Submission, which request will be determined at the sole discretion of the Sponsor and the Administrator if the Competition Submission Period is still open.
Participation in the Competition constitutes a winner’s consent to Sponsor’s, and their agents’ use of the winner’s name, likeness, photograph, voice, opinions, comments and/or hometown and country, state, province, or territory of residence (and, as applicable, those of all other members of the team, Organization or Large Organization which participated in the Submission) for promotional purposes in any media, worldwide, without further payment or consideration, for a period of two years following the conclusion of the Competition.
18. General Conditions
A. Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failure or any other unanticipated factor or factor beyond Sponsor’s and Administrator’s control impairs the integrity or proper functioning of the Competition, as determined by Sponsor and Administrator at their sole discretion. The Sponsor and Administrator reserve the right at their sole discretion to disqualify any individual or Contestant it finds to be tampering with the entry process (for example by using the aid of computer software programs to auto-fill entries) or the operation of the Competition or to be acting in violation of these Official Rules or in a manner that is inappropriate, not in the best interests of this competition, or a violation of any applicable law or regulation.
B. Any attempt by any person to undermine the proper conduct of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor and the Administrator reserve the right to take proper legal action, including, without limiting, referral to law enforcement, for any illegal or unlawful activities.
C. The Sponsor and/or the Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor and the Administrator are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Contestants. Proof of sending or submitting will not be deemed to be proof of receipt by Sponsor or Administrator. The Sponsor and the Administrator are not responsible for, nor are they required to count any vote which, in their sole judgment, is incomplete, late, misdirected, damaged, unlawful or illicit, including those secured through payment, votes achieved through automated means, as well as those lost for technical reasons, defective or otherwise in violation of these rules.
D. In the event of any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Competition materials, including but not limited to the Competition Submission form, Competition Website, or point of sale, television, print or online advertising, the terms and conditions of the Official Rules shall prevail.
E. The Sponsor and the Administrator reserve the right, without liability, to amend the terms and conditions of the Official Rules at any time, including the rights or obligations of the Contestant, the Sponsor, and the Administrator. The Sponsor and Administrator will post the terms and conditions of the amended Official Rules on Competition Website (“Corrective Notice”). As permitted by law, any amendment will become effective at the time the Sponsor and/or Administrator post the amended Official Rules.
F. Excluding Submissions, all intellectual property related to this Competition, including but not limited to trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Sponsor and/or the Administrator. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited.
G. Should any provision of these Official Rules be or become illegal or unenforceable in the jurisdiction of a permitted entrant, such illegality or unenforceability shall leave the remainder of these Official Rules unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Sponsor’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
19. Limitations of Liability
By entering, all Contestants (including, in the case of a team, Organization or Large Organization, all participating members) agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes or Contestant’s participation in the Competition. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal.
A. Contestants agree that:
(i) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any Prizes awarded, other than those concerning the administration of the Competition or the determination of winners, shall be resolved individually, without resort to any form of class action;
(ii) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any Prizes awarded, shall be resolved exclusively by the United States District Court of New York or the appropriate New York State Court;
(iii) under no circumstances will Contestants be entitled to, and Contestants hereby waives all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
B. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestants, the Sponsor and the Administrator in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
22. Competition Results
For Competition results, visit Competition Website on or about February 26, 2013.
23. Contact Us
If you have any questions or wish to send us any notice regarding this Competition, please email us at Support@ChallengePost.com.