ANDROID DEVELOPER CHALLENGE, SUB-SAHARAN AFRICA
TERMS & CONDITIONS
1. DESCRIPTION: The Android Developer Challenge is designed to motivate and reward Participants who develop innovative, creative, functional and original applications for Android. 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.
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) in the countries defined, 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, Sudan, 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. 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. GMT (Greenwich Mean Time) on July 1st, 2011. Semi-Final Round Judging will be open until 11:59:59 P.M. GMT on July 1, 2011 at the latest; however, Google reserves the right, in its sole discretion, to terminate the Semi-Final Round of Judging prior to 11:59:59 P.M. GMT on July 15th, 2011 if it determines that all Entries have been sufficiently judged.
6. REGISTRATION: All Participants must provide certain registration information when submitting an Entry, including but not limited to full name, mobile phone number, working email address, and if possible, mailing 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
8. SEMI-FINAL ROUND JUDGING: After the Submission Period ends, all eligible Entries will be judged by a panel of Google-selected experts in the fields of mobile devices, cellular telecommunications, software development, and/or technology innovation (“Judges"). Google will select the Expert Judges from Google, or from other suitable organizations. Judges will review and assign each entry a score from one (1) to five (5) on each of the criteria set forth in Section 8(a). The highest ranking applications for each of the three eligible categories from each region will advance to the Final Round 2. Ratings submitted by Judges are final and binding.
9. FINAL ROUND JUDGING
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.
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 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.
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.
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 September 12, 2011 by writing to:
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