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NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. CONTEST IS OPEN TO RESIDENTS OF SINGAPORE, THE PHILIPPINES, MALAYSIA, THAILAND, and VIETNAM
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The OpenSocial Application Contest (the "Contest") is a skill contest where participants must develop an OpenSocial application that runs on eXo Platform, Friendster, hi5 or iGoogle. The application that you develop will be evaluated by judges, who will choose the winner(s) in accordance with these Official Rules. The prize(s) will be awarded to participant(s) with the highest score for the judging criteria. See below for the complete details.
1. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules ("Rules"). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Google with respect to the Contest.
2. ELIGIBILITY: To be eligible to enter the Contest, you must be: (1) above the age of majority in the country, state, province or jurisdiction of residence (or at least twenty years old in Taiwan) at the time of entry; (2) a resident of Singapore, the Philippines, Malaysia, Thailand, or Vietnam; (3) not a person or entity under U.S. export controls or sanctions; and (4) have access to the Internet as of November 15, 2008. Contest is void where prohibited by law. Employees, interns, contractors, and official office-holders of eXo Platform, Friendster, Globant, Google Inc, or hi5, and their parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents ("Contest Entities"), and members of the Contest Entities' and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.
If you are entering as part of a company or on behalf of your employer, these rules are binding on you, individually, and/or your employer. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto, including your potential receipt of a prize. You further warrant that your actions do not violate your employer's or company's policies and procedures.
3. SPONSOR: The Contest is sponsored by Google Inc. ("Google" or "Sponsor"), a Delaware corporation with principal place of business at 1600 Amphitheater Parkway, Mountain View, CA, 94043, USA
4. CONTEST PERIOD: The Contest begins at 12:00:00 A.M. UMT+8 (SST/MST) on November 15, 2008 and ends at 11:59:59 P.M. UMT+8 on January 10, 2009 ("Contest Period"). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
5. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Contest website located at http://code.google.com/events/apacdevfest/contest ("Contest Site") during the Contest Period and follow the instructions for developing an OpenSocial application that runs on Friendster, hi5 or iGoogle and entering it into this contest. Written parts of entries must be in English to be eligible. The application must, at a minimum, support English language use.
LIMIT THREE (3) ENTRIES PER PERSON. Subsequent entries will be disqualified. All entries must be received by 11:59 p.m. (UMT+8) on January 10, 2008. Entries are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late. All entries will be deemed made by the authorized account holder of the email address submitted at the time of entry, and the potential winner 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 an Internet service provider, online service provider, or other organization responsible for assigning email address for the domain.
During the Contest Period, the Sponsor, its agents and/or the Judges (defined below) will be evaluating each application to ensure that it meets the Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant who submits an application that does not meet the Requirements.
6. JUDGING: Each entry will be judged by a panel of experts who are employees of eXo Platform, Friendster, Globant, Google Inc, and hi5 ("Judges"). On or about January 10, 2009, each application will be evaluated by the Judges based on the following criteria:
Judges will evaluate and attribute a score to each application made up of scores based upon the above-listed criteria. The top four (4) application entries in each of the participating countries that receive the highest overall scores will be selected as the potential winner(s). In the event of a tie, the application that receives the higher score from the Judges in the category of "Creativity and user appeal" will be selected as one of the potential winner(s). In the event a potential winner is disqualified for any reason, the application that receives the next highest total score will be chosen as the potential winner.
On or about January 23, 2009, the potential winner(s) will be selected and notified by telephone and/or email, at Sponsor's discretion. If a potential winner does not respond to the notification attempt within 2 business days from the first notification attempt, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible entries received based on the judging criteria described herein. With respect to notification by telephone, such notification will be deemed given when the potential winner engages in a live conversation with Sponsor or when a message is left on the potential winner's voicemail service or answering machine by the Sponsor, whichever occurs first. Except where prohibited by law, each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential winners must return all such required documents within 2 business days following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner will be selected based on the judging criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced.
In the event that no entries are received, no prize will be awarded. Determinations of judges are final and binding.
7. PRIZES: The top five entrants with the highest overall scores in each participating country will be awarded an Apple iPod Touch (valued at US$230). In addition, the entrant with the highest overall score in each participating country will also be awarded a Nintendo Wii (valued at US$270).
Odds of winning any prize depends on the number of eligible entries received during the Contest Period and the skill of the entrants. The prize(s) will be awarded within approximately 4 weeks of receipt by Sponsor of final prize acceptance documents. No transfer, substitution or cash equivalent for prize(s) is allowed, except at Sponsor's sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. The prize(s) may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The winner shall bear all responsibility for use of the prize(s) in compliance with any conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance. Contest Entities have not made and Contest Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize(s), regarding the use, value or enjoyment of the prize(s), including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize(s) or any components thereto.
8. TAXES: PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO GOOGLE ALL DOCUMENTATION REQUESTED BY GOOGLE TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES GOOGLE IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners 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 winner's country of residence. The potential winners are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner 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 winner.
9. GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Google reserves the right to disqualify any entrant from the Contest if, in Google's sole discretion, it reasonably believes that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, Google, or the Judges.
10. INTELLECTUAL PROPERTY RIGHTS: By submitting an application in this Contest, the entrant warrants and represents that (s)he owns all of the intellectual and industrial property rights in and to the application. Further, the entrant agrees that if any portion of the application should be deemed to be owned by the entrant that (s)he will, as a condition of entry, grant 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 or application that Participant submits solely for the purposes of allowing Google to test and evaluate the application for purposes of the Contest and to advertise, display, demonstrate, or otherwise promote the application. Participant specifically agrees that Google shall have the right to use, reproduce, publicly perform, and publicly display the application in connection with the advertising and promotion of the Contest and the OpenSocial Platform, viacommunication to the public or other groups, including, but not limited to the right to make screenshots, animations and video clips available for promotional purposes.
11. PRIVACY: Participants agree that personal data entered during the registration, including name, mailing address, phone number, and email address may be processed, stored, shared and otherwise used for the purposes and within the context of the Contest. This data will also be transferred into the United States. By entering, entrants agree to the transmission, processing, sharing and storage of this personal data in the United States.
Participants also understand this data may be used by Sponsor in order to verify an entrant's identity, postal address and telephone number in the event an entry qualifies for a prize. Participants have the right to access, review, rectify or cancel any personal data held by Google in connection with the Contest by writing to Google at the address listed above. If a participant does not provide the data require at registration, that participant's entry will be ineligible. Otherwise, all personal information that is collected from the entrant is subject to Google's Privacy Policy, located at http://www.google.com/privacypolicy.html.
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 Contest in promotional and advertising material of Google (or its agents) as a winner of the Contest without additional compensation, unless prohibited by law.
12. PUBLICITY. By accepting a prize, entrant agrees to Sponsor and its agencies use of his or her name and/or likeness and application for advertising and promotional purposes without additional compensation, unless prohibited by law.
13. WARRANTY AND INDEMNITY: Participants warrant that their application is their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted application and that they have the right to submit the application in the Contest and grant all required licenses. Each entrant agrees not to submit any application 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, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state, federal, local or provincial law.
To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Contest Entities 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 application or other material uploaded or otherwise provided by the entrant 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 entrant in connection with the Contest; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant's involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.
14. ELIMINATION: Any false information provided within the context of the Contest by any entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
15. INTERNET: Contest Entities are not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed application or entry materials due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant's ability to participate.
16. RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest 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 Contest, Google reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Google further reserves the right to disqualify any entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest 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 entrant to the fullest extent of the applicable law.
17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an application into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Google, or the Contest Entities. You acknowledge that you have submitted your application 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 or the Contest Entities and that no such relationship is established by your submission of an application under these Rules.
18. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules 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 Rules 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 Contest are hereby excluded, and all Participants expressly waive any and all such rights.
19. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Google of whatsoever kind or nature arising out of these Rules, 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.
20. WINNER'S LIST: You may request a list of winners after March 1, 2009 but before July 1, 2009 by send a self addressed stamped envelope to:
Shannon Madison
Google Inc.
1600 Amphitheater Parkway Mountain View , CA 94043 USA
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