Android

Android Developer Challenge: Terms and Conditions

ANDROID DEVELOPER CHALLENGE 2

TERMS & CONDITIONS

1. DESCRIPTION: The Android Developer Challenge 2 ("Challenge") is designed to motivate and reward Participants who develop innovative, creative, functional and original applications for the Android Market. Prizes will be awarded to those Participants who submit the best Entries as determined in the sole discretion of the Judges. No purchase necessary to enter or win.

2. SPONSOR: The Challenge is sponsored by Google Inc. ("Google"), a Delaware corporation with principal place of business at 1600 Amphitheater Parkway, Mountain View, CA, 94043, USA.

3. BINDING AGREEMENT: In order to enter the Challenge, you must agree to these Terms and Conditions ("Terms"). Therefore, please read these Terms prior to entry to ensure you understand and agree. After reading the Terms and in order to participate, each Participant must click the "I understand and agree" box (or the equivalent) on the Challenge entry webpage. Once the Participant clicks the "I understand and agree" box (or the equivalent), the Terms form a binding legal agreement between each Participant and Google with respect to the Challenge and each submission made by the Participant. Participants may not submit an entry to the Challenge and are not eligible to receive the Prizes described in these Terms unless they agree to these Terms. If a Participant is part of a team, each member of the team must read and agree to these Terms.

Special Note to Participants who are entering as part of a team: If a Participant enters as part of a team, the Participant understands and agrees that, in order for his/her team to be eligible to participate, all of the members of the team must accept the Terms in the manner specified by Google. Furthermore, a Participant that is part of a team understands and agrees that if his/her team is selected to receive a Prize, the team is responsible for ensuring the funds are appropriately distributed to each member of the team and each member of the team must agree upon the method of payment. In addition, once a team has registered, the team may not add, remove, or substitute members or otherwise change the composition of the team for the duration of the Challenge. Finally, the eligibility of the Participant is tied to the team's eligibility; if one member of the team does not comply with these Terms or is disqualified, the team as a whole will be disqualified.

Special Note to Participants who are entering as a business entity: If a Participant is entering as part of a business entity, corporation, or other legal entity (hereinafter collectively referred to as "Business Entity"), Participant warrants that the appropriate corporate officers, executives, managers or other persons who have the authority to approve Participant's entry into this Challenge have approved the Participant's entry and the Participant understands that these terms will be binding on both the Participant and his/her Business Entity. Furthermore, the Participant understands that if the Participant enters without obtaining the appropriate approval, Google may, in its sole discretion, disqualify the Participant's entry. Finally, if a Business Entity is selected to receive a Prize, a corporate officer or person entitled to bind the Business Entity will be required to validate that the Participant is entitled to receive the Prize on the behalf of the Business Entity and the corporate officer or person entitled to bind the Business Entity must provide the appropriate information for payment of the Prize.

Where Google has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Google. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. ELIGIBILITY: The Challenge is open to individuals, teams of individuals, and business entities (each individual, each team, each individual member of a team, and each entity is referred to as a "Participant" in these Terms) worldwide, except as set forth below, who have agreed to these Terms (as described in Section 3) and who are of the legal age of majority, at the time of entry, to form valid contracts in their respective country, province or state of legal residence and meet any applicable U.S., national, state, local, or provincial legal requirements for participation. The Challenge is void in, and not open to residents of, Cuba, Iran, Syria, North Korea, Sudan, Myanmar, or to individuals and entities restricted by U.S. export controls and sanctions, and is void in any other nation, state, or province where prohibited or restricted by U.S. or local law. In addition, the Challenge is void in, and not open to residents of the Quebec Province of Canada. Employees of (i) Google, (ii) members of the Open Handset Alliance, (iii) the parent companies, affiliates and subsidiaries of either Google or any member of the Open Handset Alliance, and members of their immediate families (defined as parents, children, siblings and spouse, regardless of where they reside and/or those living in the same household of each) are not eligible to participate in the Challenge. Google reserves the right to verify eligibility and to adjudicate on any dispute at any time.

5. CHALLENGE TIMELINE: All Entries must be submitted before the end of the Submission Period. The Submission Period ends at 11:59:59 P.M. Pacific Time (PT) Zone in the United States on August 31, 2009.

First Round Judging will be open until 11:59:59 P.M. PT on October 23, 2009 at the latest; however, Google reserves the right, in its sole discretion, to terminate the First Round of Judging prior to 11:59:59 P.M. PT on October 23, 2009 if it determines that all Entries have been sufficiently judged.

Second Round Judging will be open until 11:59:59 P.M. P.T. on November 20, 2009 at the latest; however, Google reserves the right, in its sole discretion, to terminate the Second Round of Judging prior to 11:59:59 P.M. P.T. on November 20, 2009 if it determines that all Entries have been sufficiently judged.

Prizes will be awarded only after the Second Round Judging as set forth in these Terms. ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.

6. REGISTRATION: All Participants must provide certain registration information when submitting an Entry, including but not limited to full name, mailing address, and working email address ("Registration Information"). Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry, and any potential Prize recipient may be required to show proof of being the authorized account holder for that email address. The "authorized account holder" is the natural person assigned to an email address by the relevant provider of email services. Individuals and teams of individuals must provide the Registration Information for each and every individual involved with the Entry and every individual who is part of the team must agree to the Terms in the manner specified by Google. Participants registering as a Business Entity must provide this information for an individual vested with the legal authority to bind the Business Entity to these Terms. All Participants awarded Prizes must verify their identity with Google before any Prizes are distributed.

7. SUBMISSION PERIOD

a. SUBMISSION OF ENTRIES: To qualify for a Prize, an "Entry" to the Challenge consists of an original application that is written using a version of the Android Software Development Kit ("SDK") (available at http://developer.android.com) that validly executes on Android version 1.5. The SDK contains instructions, documentation, and all necessary tools to enable a Participant to build an Android application. Individuals, teams, and Business Entities may submit an Entry by visiting the Android Developer Challenge site, providing the Registration Information, and uploading their Entry by following the directions found on the website any time before the end of the Submission Period. However, Google is not responsible for any claims or disputes between one Participant and any other Participant regarding the ownership of the Entry or the content within the Entry. Google may disqualify any individual Participant, Business Entity or Team, without recourse and in its sole discretion, if any such claim or dispute arises.

A Participant may submit more than one Entry. At the time of submission, the Participant must designate ONE and ONLY ONE category that the Entry is submitted under. The categories are as follows:

1. Education/Reference Applications

2. Games: Casual/Puzzle

3. Games: Arcade/Action

4. Social Networking Applications

5. Lifestyle Applications

6. Productivity/Tools

7. Media Applications

8. Entertainment Applications

9. Travel Applications

10. Miscellaneous Applications

Any application (or substantially similar application by the same Participant) that was submitted to the previous Android Developer Challenge 1 is ineligible to be submitted again to the Android Developer Challenge 2. In addition, an Entry (or substantially similar application by the same Participant) must not have previously been publicly available through the Android Market prior to August 1, 2009. For the avoidance of doubt, any beta, demo, trial, or incomplete version of an application that was submitted to and posted in the Android Market prior to August 1, 2009 is ineligible. Finally, any Entry for which the Participant received substantial development help from Google or any Open Handset Alliance member is ineligible. Determinations as to whether: (1) an Entry is substantially similar to an application submitted to Android Developer Challenge 1 or the Android Market, (2) an Entry or substantially similar application was previously submitted to Android Developer Challenge 1 or made available through the Android Market, or (3) an Entry is the product of substantial development help from Google or an Open Handset Alliance member, will be made by Google in its sole discretion and will be final and binding.

Google may disqualify any individual Participant, Business Entity or Team, without recourse and in its sole discretion, if it determines that a submitted Entry (or substantially similar application from the same Participant) was submitted to the Android Developer Challenge 1, was publicly available in the Android Market prior to August 1, 2009, or is the product of substantial development help from Google or a member of the Open Handset Alliance.

b. LANGUAGE: Entries must, at a minimum, support English language use but may also support other languages at the discretion of the Participant.

c. CONTENT: Entries must comply with the Android Market Content Policy for Developers, found at http://www.android.com/market/terms/developer-content-policy.html. In addition, any Entry containing sexual, violent, abusive, harassing, offensive, or insulting content may be disqualified. All determinations regarding compliance with these content policies will be made at Google's sole discretion and will be final and binding.

8. FIRST ROUND JUDGING: After the Submission Period ends, all eligible Entries will be judged by end users of Android-powered handsets who choose to participate in judging ("Community Judges"). Any user of an Android-power handset running Android 1.5 or higher with access to the Android Market will be able to download a special, free judging application ("Judging Application") that will allow the end user to randomly download Entries. The Judging Application will also allow a reviewing user to use the randomly selected Entry and then assign each reviewed Entry a score from one (1) to five (5) on each of the criteria set forth in Section 8(a). It is not the case that each Entry will be judged by every end user who chooses to participate as a Community Judge. Rather, Entries will be randomly distributed to Community Judges and each Community Judge may review and rate as many Entries as they wish. Ratings submitted by the Community Judges are final and binding.

a. QUALIFICATION: For First Round Judging, the Community Judges will consider each Entry under the following equally-weighted judging criteria:

(1) Originality of Concept--Does the application introduce a great new idea; for example, a new angle on social applications?

(2) Effective Use of the Android Platform--Does the application take advantage of Android's unique and compelling features, such as built-in location-based services, accelerometer, and always-on networking?

(3) Polish and Appeal--Is the application easy to use and aesthetically appealing?

(4) Indispensability--Is the application compelling and essential, such as a game the user just can't put down or a utility she can't live without?

Using these criteria, the Community Judges will evaluate each Entry and give it a score of one (1) to five (5) on each criterion.

The twenty (20) Entries in each category with the highest scores (for a total of 200 Entries across all categories) will be determined to be "Qualifying Entries" and will advance to the Second Round. If any category does not contain at least 20 Entries, all Entries in that category will advance to the Second Round. In the case of a tie,a panel of judges selected by Google will determine the Entries, from among those that are tied, that will advance to the Second Round.

9. SECOND ROUND JUDGING

a. ENTRIES: Second Round Judging is only for entries selected as Qualifying Entries in the First Round Judging. The same application submitted by these Participants for the First Round will be distributed for judging in the Second Round. There is no opportunity to improve or modify an application between the First and Second Rounds of Judging.

b. JUDGING: All Qualifying Entries for the Second Round Judging will be judged by (1) end users of Android-powered handsets who choose to participate in judging, whether or not they participated in First Round Judging ("Community Judges"), and (2) a panel of experts in the fields of mobile devices, cellular telecommunications, software development, and/or technology innovation ("Expert Judges"). Google will select the Expert Judges from the member organizations of the Open Handset Alliance, from Google, or from other organizations.

As with the First Round Judging, any end user of an Android-power handset running Android 1.5 or higher with access to the Android Market will be able to download a special, free judging application ("Judging Application") that will allow the end user to randomly download Qualifying Entries. The Judging Application will also allow a reviewing user to use the randomly selected Qualifying Entry and then assign each reviewed Qualifying Entry a score from one (1) to five (5) on each of the criteria set forth in Section 8(a). It is not the case that each Qualifying Entry will be judged by every end user who chooses to participate as a Community Judge. Rather, Qualifying Entries will be randomly distributed to Community Judges and each Community Judge may review and rate as many Qualifying Entries as they wish. Ratings submitted by the Community Judges are final and binding.

In addition, each Qualifying Entry will be judged by the Expert Judges. The Expert Judges will use the same Judging Application used by the Community Judges, rate each Qualifying Entry on the criteria set forth in Section 8(a), and assign each Qualifying Entry a score from one (1) to five (5) along each of the criteria. In contrast to the Community Judges, each Expert Judge will review and rate each Qualifying Entry.

c. SELECTION: The final score for each Qualifying Entry will be based on the scores returned by the Community Judges and Expert Judges. The Community Judges scores will comprise 40% (forty percent) of the final score. The Expert Judges scores will comprise 60% (sixty percent) of the final score.

* Within each category, the three Qualifying Entries with the highest composite scores will be designated the First, Second, and Third Place Entries for that category and the Participants responsible for these Entries will receive the Category Prizes described below, provided they have complied with the requirements of these Terms and submitted all tax and other paperwork required by Google as described below in Sections 10(d) and (f). In the case of a tie within a category, the panel of Expert Judges review the Qualifying Entries and determine which Entry or Entries from among those that are tied will be designated the First, Second, or Third Place Entry for that category.

* The three Qualifying Entries with the highest composite scores across all categories will be designated the Overall First, Second, and Third Place Entries and the Participants responsible for these Entries will receive the Overall Prizes described below, provided they have complied with the requirements of these Terms and submitted all tax and other paperwork required by Google as described below in Sections 10(d) and (f). In the case of a tie, the panel of Expert Judges review the three Qualifying Entries with the highest composite scores across all categoriesand determine which Entry or Entries from among those that are tied will be designated the Overall First, Second, or Third Place Entry.

* If any Participant selected as a potential prize recipient for a given Prize is disqualified for any reason, the next highest-scoring Participant will be designated as the recipient of that prize.

* All potential Prize recipients will be announced on or about November 24, 2009.

10. PRIZES.

a. CATEGORY PRIZES: Each Participant responsible for a First Place Entry for a given category will receive a prize of $100,000 USD (one hundred thousand U.S. dollars); each Participant responsible for a Second Place Entry for a given category will receive a prize of $50,000 USD (fifty thousand U.S. dollars); each Participant responsible for a Third Place Entry for a given category will receive a prize of $25,000 USD (twenty-five thousand U.S. dollars). All Prizes are contingent on Participant's compliance with these Terms.

b. OVERALL PRIZES: The Participant responsible for the Overall First Place Entry will receive an additional prize of $150,000 USD (one hundred and fifty thousand U.S. dollars); the Participant responsible for the Overall Second Place Entry will receive an additional prize of $50,000 USD (fifty thousand U.S. dollars); the Participant responsible for the Overall Third Place Entry will receive an additional prize of $25,000 USD (twenty-five thousand U.S. dollars). All Prizes are contingent on Participant's compliance with these Terms.

c. DISTRIBUTION OF PRIZES: Google is not responsible for decisions on the division or distribution of the prizes among or between team members or Business Entities. Instead, decisions on how to distribute or divide any prize among individual team members or within Business Entities is the sole responsibility of the participating team or Business Entity.

In the case of teams of individuals, Google will offer two options on how the applicable Prize may be awarded: (1) Google will award the entire Prize to one member of the team who is identified by each member of the team to receive the prize by being listed as the first member to register and who is then responsible for making any division or distribution of the prize to all members of the team, or (2) Google will distribute an equal share of the Prize to each member of the team. All members of a team chosen to potentially receive a Prize must agree on either Option #1 or Option #2 as the method of distribution.

In the event the Participant is a member of a Business Entity, Google will award the applicable Prize to the individual identified by a person with authority to bind the Business Entity. The Business Entity is then responsible for any division of the Prize. In addition, a corporate officer or a person entitled to bind the Business Entity must also approve the receipt of the Prize.

Failure to comply with these requirements will mean that the team or Business Entity has forfeited the applicable Prize and Google may, in its sole discretion, select an alternative Participant to receive the Prize.

d. TAXES: PAYMENTS TO POTENTIAL PRIZE RECIPIENTS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO GOOGLE ALL DOCUMENTATION REQUESTED BY GOOGLE TO PERMIT IT TO COMPLY WITH ALL APPLICABLE UNITED STATES, STATE, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL GRANTS WILL BE NET OF ANY TAXES GOOGLE IS REQUIRED TO WITHHOLD. ALL TAXES IMPOSED ON THE PRIZE, OTHER THAN THOSE GOOGLE IS REQUIRED TO WITHHOLD, ARE THE SOLE RESPONSIBILITY OF THE PRIZE RECIPIENT.

In order to receive a prize, potential prize recipients must submit the tax documentation requested by Google or otherwise required by applicable law, to Google or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential prize recipient's country of residence. The potential prize recipient is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential prize recipient fails to provide such documentation or comply with such laws, the prize may be forfeited and Google may, in its sole discretion, select an alternative potential prize recipient.

e. NOTIFICATION: Participants who are chosen as potential Prize recipients will be notified by email on or about November 24, 2009.

f. RELEASE: All Participants who are selected to receive a Prize will be required to agree to the terms of an Affidavit of Eligibility, Liability and Publicity Release, and/or other documents prior to receiving the Qualifying Grant. If a team or Business Entity is selected as a potential Prize recipient, all members of the team or a person with the authority to bind the Business Entity, must agree to the terms of these agreements and must identify the individual that is to receive the Prize. Failure to comply with this requirement or to submit any of these documents within the time period specified within the documents may mean that the Participant and team both have forfeited the applicable Prize and Google may, in its sole discretion, select an alternative Participant to receive the Prize.

11. GENERAL CONDITIONS: Prizes are awarded without warranty of any kind from Google, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All federal, state, provincial and local laws and regulations apply. Submission of Entry into this Challenge deems that Participants agree to be bound by these Terms and by the decisions of Google and the Community and Expert Judges, which are final and binding on all matters pertaining to this Challenge. Under no circumstances shall the submission of an Entry in the Challenge, the awarding of a Prize, or anything in these Terms be construed as an offer or contract of employment with Google. Failure to respond to notification of potential award of a Prize may result in disqualification and selection of an alternate Prize recipient. A Participant may be prohibited from participating in this Challenge if, in Google's sole discretion, it reasonably believes that the Participant has attempted to undermine the legitimate operation of the Challenge by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Participants, Google, the Community Judges, the Expert Judges, or members of the Open Handset Alliance.

You acknowledge and understand that Google and/or members of the Open Handset Alliance may independently develop applications that may be similar to or identical to your Entry in terms of theme, idea, function, or in other respects. You agree that you will not be entitled to any rights in, or compensation in connection with, any such similar or identical applications and/or ideas. You acknowledge that you have submitted your Entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Google and that no such relationship is established by your submission of an Entry to Google under these Terms.

You acknowledge that Entries may be subject to United States export laws, regardless of location or nationality.  You agree to comply with all applicable export controls, including, but not limited to, the United States Department of Commerce's Export Administration Regulations, sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control, and any export laws applicable in your country of residence.  You warrant that all of your Entries are authorized for export from the United States under these laws.

12. INTELLECTUAL PROPERTY RIGHTS: As between Google and the Participant, the Participant retains ownership of all intellectual and industrial property rights in and to the Entry that Participant had before submission, including the right to distribute the application commercially. As a condition of entry, Participant grants Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, publicly perform, publicly display and create a derivative work from, any Entry that Participant submits to this Challenge for the purposes of allowing Google to test and evaluate the Entry for purposes of the Challenge, to administer the technical and other requirements of the Challenge including distribution of the Entry to the Community and Expert Judges, and to advertise, display, demonstrate, or otherwise promote the Android platform. Participant specifically agrees that Google shall have the right to use, reproduce, publicly perform, and publicly display the Entry in connection with the advertising and promotion of the Android platform via communication to the public or other groups, including, but not limited to the right to make screenshots, animations and video clips available for promotional purposes.

Participant also grants to the Community Judges and Expert Judges a limited, non-exclusive, and worldwide license to perform, display, and use the Entry on an Android-powered device. If Participant chooses, Participant may enable technical measures in their Entry to prevent use of the Entry beyond a certain date provided that date is later than the date marking the end of the Challenge. Participant may not charge a fee for the download of an Entry by the Community or Expert Judges.

13. PRIVACY AND PUBLICITY: Participants agree that personal data entered during the registration, including name, mailing address, phone number, and email address may be processed, stored, and otherwise used for the purposes and within the context of the Challenge. This data will be maintained in accordance with the Google Privacy Policy found at http://www.google.com/privacypolicy.html. This data will also be transferred into the United States. By entering, Participants expressly agree to the transmission, processing, and storage of this personal data in the United States. By accepting a prize, participant agrees and consents to Google and its agencies use of entrant's name and/or likeness to name the entrant for a reasonable time after completion of the Challenge in promotional and advertising material of Google (or its agents) as a winner of the Challenge without additional compensation, unless prohibited by law. 

Participants also understand this data may be used by Google in order to verify a Participant's identity, postal address, telephone number, and eligibility to receive a Prize in the event a Participant is chosen to potentially receive a Prize. Participants have the right to access, review, rectify or cancel any personal data held by Google in connection with the Challenge by writing to Google at the address listed above. If a Participant does not provide the data required at registration, that Participant's Entry will be ineligible.

For residents of the European Union: Pursuant to EU law pertaining to data collection and processing, you are informed that:

* The data controller is Google and the data recipients are Google and its agents;

* Your data is collected for purposes of administration of the Challenge;

* You have a right of access to and withdrawal of your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, You may write to: Android Developer Advocates, Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

* Your personal data will be transferred to the U.S.

14. WARRANTY AND INDEMNITY: All Participants warrant that their Entries are original and that they are the sole and exclusive owner and rights holder of the submitted Entries and all included content, that no third parties will make any challenges or claims as to ownership or fraud, and that they have the right to submit the Entries in the Challenge and grant all required licenses. Each Participant warrants that the Participant has not submitted any Entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable U.S. law or the law of the Participant's country of residence.

To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Google at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless Google, the Open Handset Alliance, and the Judges, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the Challenge; (c) any non-compliance by the Participant with these Terms; and (d) claims brought by persons or entities other than the parties to these Terms arising from or related to the Participant's involvement with the Challenge. To the extent permitted by law, Participant agrees to hold Google, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Challenge and/or use or acceptance of any Prize, except to the extent that any death or personal injury is caused by the negligence of Google.

15. ELIMINATION: Any false information provided within the context of the Challenge by any Participant including information concerning identity, mailing address, telephone number, email address, or ownership of right, or non-compliance with these Terms, or the like may result in the immediate elimination of the Participant from the Challenge. Google further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Terms, or violates U.S. or applicable local law in Participant's country of residence.

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

17. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Terms shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Challenge are hereby excluded, and all Participants expressly waive any and all such rights.

18. ARBITRATION: By entering the Challenge, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Challenge will be decided by binding arbitration. All disputes between you and Google, of whatsoever kind or nature arising out of these Terms, shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration under its rules then in effect in the San Jose, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.

19. WINNER'S LIST: You may request a list of winners after November 30, 2009 by writing to:

Android Developer Advocates, c/o Tracey Cole
Google Inc.
1600 Amphitheater Parkway
Mountain View, CA 94043
USA

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