Terms and Conditions of the Sausalito Application Programming Contest 2010
TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED.
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
The Sausalito Application Programming Contest 2010 ("Contest") is a competition designed to engage programmers from around the world in web application programming. Prizes will be awarded to those contestants who developed the best web application and the most beautiful code, as more fully discussed below.
BINDING AGREEMENT. In order to enter the Contest, you must agree to these Terms and Conditions ("Terms"). Therefore, please read these Terms prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Terms. You may not submit an entry to the Contest and are not eligible to receive the prizes unless you agree to these Terms. These Terms form a binding legal agreement between you and 28msec Inc. ("28msec") with respect to the Contest.
ELIGIBILITY. This Contest is open to individuals who are 18 years of age or older as of September, 30, 2010.
The Contest is void in Quebec and where prohibited by law. Individuals and entities restricted by applicable export controls and sanctions programs are ineligible to participate in the Contest. 28msec reserves the right to relax any of these restrictions if permitted by law before the end of the submission. A cash prize of equivalent value may be given where required by law, or at 28msec’s discretion. Any duties and taxes (if applicable) are the sole responsibility of the recipients. Current employees, interns, contractors, and official office-holders of 28msec, and its subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents ("Contest Entities"), and members of the Contest Entities’ immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the Contest Entities’ households (whether related or not) are ineligible to participate in this Contest. 28msec reserves the right to verify eligibility and to adjudicate on any dispute at any time. All contestants must have access to the Internet, a valid postal address, and a valid email address in order to enter.
All communications between 28msec and contestants, including but not limited to the Contest website content and email communications, will be in English.
HOW TO ENTER. All contestants must register and provide the required information about themselves at the Contest Website, located at http://www.28msec.com/contest/registration. Registration opens on Monday, May 3, 2010 and ends on Thursday, September 30, 2010.
As part of Registration, contestants will be required to provide information about themselves, such as their names and email addresses.
CONTEST STRUCTURE. Source Code Submission Contestants must send all code (i.e. the Sausalito project) required to execute the application to submit@28msec.com. Source code files may be compressed. Deliberately obfuscated source code is not allowed. Moreover, the application itself needs to be deployed in the Sausalito portal at http://portal.28msec.com. The email submission must contain the name of the application in the portal.
All submissions will be judged by 28msec according to the following criteria:
- Originality of the application
- Potential usability of the application
- Code quality of the application
All submissions need to contain a web page that describes the application. This site needs to contain a link to Sausalito and XQuery using the Sausalito and XQuery buttons at http://www.28msec.com/sausalito/buttons.
Based on these criteria, 28msec will create an ordered list. Contestants will receive the following prizes based on their position in the list.
Competitor(s) Prize- 1st Place $7,500
- 2nd Place $1,500
- 3rd Place $500
- 4th—8th Place $100
Money prizes will be awarded in U.S. dollars. Any costs associated with currency exchange are the sole responsibility of the recipient.
Moreover, all Contestants, will receive one year free (but reasonably limited) support and runtime for their application(s).
TAXES. PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO 28MSEC ALL DOCUMENTATION REQUESTED BY 28MSEC 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 28MSEC 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 within 7 days of request by 28msec or otherwise required by applicable law, to 28msec 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 winner is 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 28msec may, in its sole discretion, select an alternative potential winner.
CONDITIONS OF PARTICIPATION. Prizes are awarded without warranty of any kind from 28msecc, 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. Contestant’s participation in this Contest means that contestants agree to be bound by the terms of these Terms and by the decisions of 28msec, which are final and binding on all matters pertaining to this Contest. Any potential winner who cannot be contacted within 15 days of attempted first notification will forfeit his/her prize. Potential prize winner(s) may be required to sign and return an Affidavit or Declaration of Eligibility, and Liability/Publicity Release within 30 days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. Each contestant will retain ownership of and all intellectual and industrial property rights to his or her Contest submission; provided that, as a condition of participation, Contestants agree that 28msec shall have a perpetual, irrevocable, world-wide, royalty-free right to use, copy, distribute, modify and make publicly available the submission in connection with the operation, conduct, administration, and advertising and promotion of the Contest. Contestants also agree that all submitted source code will be made available for anyone to view and download at the end of the contest. Contestants further grant a world-wide, royalty-free right to use, copy, and modify all submitted source code to members of the public after the Contest ends. Contestants agree and acknowledge that the downloading and running of any source code from the Contest is undertaken at the sole risk of the downloading contestant and not 28msec or any other contestant.
Acceptance of any prize constitutes permission for, and contestant’s consent to, 28msec and its agencies to use a contestant’s name and/or likeness and submission for advertising and promotional purposes without compensation, unless prohibited by law. To the extent permitted by law, contestants agree to hold 28msec, its subsidiaries and affiliates and their respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any prize won, except to the extent that any death or personal injury is caused by the negligence of 28msec. 28msec will not be liable in the event a typographical or other error occurs in the administration of the Contest or the announcement of the winners.
DATA PRIVACY. Contestants 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 Contest. This data will also be transferred into the United States and to Switzerland. By entering, contestants agree to the transmission, processing, sharing and storage of this personal data in the United States and Switzerland.
Contestants also understand this data may be used by 28msec in order to verify a contestant’s identity, postal address and telephone number in the event a contestant qualifies for a prize. Contestants have the right to access, review, rectify or cancel any personal data held by 28msec in connection with the Contest by writing to 28msec at the address listed below. If a contestant does not provide the data required at registration, that contestant’s entry will be ineligible. Otherwise, all personal information that is collected from the contestant is subject to 28msec’s Privacy Policy, located at http://www.28msec.com/legal/privacy_policy.
By accepting a prize, contestant agrees and consents to 28msec and its agencies use of contestant’s name and/or likeness to name the contestant for a reasonable time after completion of the Contest in promotional and advertising material of 28msec (or its agents) as a winner of the Contest without additional compensation, unless prohibited by law.
For residents of the EU: you are informed that: the data controller is 28msec and the data recipients are 28msec and its agents; your data is collected for purposes of administration of the promotion and for marketing purposes; 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 contest@28msec.com. your personal data will be transferred to the U.S.
WARRANTY AND INDEMNITY. Contestants certify that their submission is original and that they are the sole and exclusive owner and right holder of the submission and that they have the right to enter the Contest. Each contestant certifies that all parts of his/her code, compilers and other binaries used in the processing of inputs into outputs are either original, or are licensed for use by both 28msec and all contestants in a way that does not: (1) infringe any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; or (2) make use of ideas, hints or solutions for the Contest presented, other than by 28msec, for the first time after the start of the Contest in any form, including without limitation from other individuals, contestants, websites, listservs or blogs; or (3) otherwise violate applicable laws and regulations.
To the maximum extent permitted by law, each contestant indemnifies and agrees to keep indemnified 28msec at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the contestant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each contestant agrees to defend, indemnify and hold harmless 28msec 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 entry or other material uploaded or otherwise provided by the contestant 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 contestant in connection with the Contest; (c) any non-compliance by the contestant with these Terms; (d) claims brought by persons or entities other than the parties to these Terms arising from or related to the contestant’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.
ELIMINATION. A contestant may be prohibited from participating in this Contest if, in 28msec’s sole discretion, it reasonably believes that the contestant has attempted to undermine the legitimate operation of the Contest by: Providing false information concerning his/her identity, postal address, mail address or telephone number; Breaching any of the provisions set forth in these Terms; Threatening, harassing or interfering with the ability of other contestants to effectively participate in the Contest; Threatening, harassing or interfering with 28msec administrators or other employees; Refusing to comply with these Terms.
28msec further reserves the right to disqualify any submission that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Terms.
If 28msec suspects cheating or violation of the rules from competitors, 28msec will in its sole discretion research all claims and take the appropriate action. All decisions of 28msec are in these matters are final and binding.
INTERNET. 28msec is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. 28msec is not responsible for theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. 28msec is not responsible for inaccurate transmissions of or 28msec’s failure to receive Contestant’s output information 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 the 28msec. If for any reason a portion of the Contest website 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 this Contest, 28msec reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. 28msec reserves the right to select winners from eligible submissions received as of the termination date. 28msec further reserves the right to disqualify any individual who tampers with the submission process.
Caution: Any attempt by a contestant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, 28msec reserves the right to seek damages from any such contestant to the fullest extent of the law.
NOT AN OFFER OR CONTRACT OF EMPLOYMENT. Under no circumstances shall the submission of an entry into the Contest, the awarding of a prize, or anything in these Terms be construed as an offer or contract of employment with 28msec. 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 28msec and that no such relationship is established by your submission of an entry under these Terms.
NO RECOURSE TO JUDICIAL OR OTHER PROCEDURES. To the extent permitted by law, the rights to litigate, to seek injunctive relief or to 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 any contestant expressly waives any and all such rights. If such exclusion or waiver is not permitted by law, the contestant agrees to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the dispute or claims. Contestants agree that these Terms are governed by the laws of the State of California, USA. Contestants further agree that 28msec will not be liable for any errors, ambiguities or other inaccuracies caused by 28msec in the design, execution, judging or other aspects of the Contest.
INVALIDITY. 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.
SPONSOR. The Sponsor of this Contest is 28msec Inc., 40087 Mission Blvd, #163, CA 94539 Fremont, USA.