“APP OF THE WEEK” CONTEST (“CONTEST”)
OFFICIAL CONTEST RULES (“OFFICIAL RULES”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO FEDERAL, PROVINCIAL, STATE AND LOCAL LAWS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. CONTEST IS SPONSORED BY RESEARCH IN MOTION LIMITED (“SPONSOR”). BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND ITS REPRESENTATIVES, WHICH ARE FINAL AND BINDING.
- 1. CONTEST PERIOD: The Contest will run on a weekly basis beginning on Monday January 14, 2013. Each contest week will begin on Mondays at 3:00pm Greenwich Mean Time (“GMT”) and will end at 9:00 pm GMT on the following Sunday (each a “Contest Week”). The Contest will continue until the launch of BlackBerry 10 with the last Contest Week being communicated by Sponsor on or around January 28, 2013 via the Website, as defined below. All Contest Weeks together form the “Contest Period”.
- 2. ELIGIBILITY: To be eligible, participants must be 13 years of age or older. Those under the age of majority in the region in which they reside must provide Sponsor with consent from their parent or legal guardian prior to entry. Entrants are permitted to enter as a group (“Group”) but all members of the Group must meet the Eligibility criteria.
Employees, contractors, directors and officers of Sponsor, its parent, affiliates, subsidiaries, distributors, sales representatives, retailers and advertising, promotion and judging agencies and all other service agencies and providers involved with the Contest, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and households of each, whether or not related are not eligible to participate or win.
- 3. HOW TO ENTER: To enter, register your participation at http://www.blackberryjamapps.com (the “Website”). Entrants will be required to develop an application for a BlackBerry device (“App”) based on criteria provided by Sponsor. Each Monday at 3:00pm GMT during the Contest Period, Sponsor will display the App task (“App Task”) for that Contest Week. Five (5) entrants will be selected as winners each Contest Week – one (1) First Prize winner and four (4) runner ups. If an Entrant wishes to participate for a chance to win the Prize for any given Contest Week, the Entrant will be required to follow the instructions to submit a draft outline of their App Idea including the name of the App, a description of what the App does, what technology they will be using to develop the App and, if applicable, a list of all Group members (“App Outline”). App Outlines must be submitted via the Website by providing a unique link as instructed in the registration process. App Outlines must be received by Sponsor by 3:00 pm GMT on the Tuesday of the Contest Week of which they are entering. Entrants will develop the App based on the App Outline and submit the completed App to the Website as instructed by 9:00 pm GMT on Sunday, the last day of that Contest Week (“Entry Deadline”). The App must be accompanied with three (3) screen shots and a description of what the App does (together, the “Entry”). You may enter as many unique Entries as you wish, duplicates are not permitted. Dev Alpha apps and apps that are available in BlackBerry App World as BlackBerry 10 are not eligible.
All Entries must be received by Sponsor by the end of the Contest Week. Proof of submission does not constitute proof of receipt. The Sponsor’s server will be the official time clock for this Contest. Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process will be void.
Should multiple users of the same email account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said email account at the time of submission will be considered the entrant and he/she must comply with these Official Rules. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address.
Entry must also conform to the following additional Entry Requirements in Sponsors’ sole discretion:
- Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Entry cannot be obscene or offensive, endorse any form of hate or hate group;
- Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or their products or services, or other people, products or companies;
- Entry cannot contain any trademarks, logos owned by others or advertise or promote any brand or product of any kind with the exception of the Assets, as defined below;
- Entry cannot contain any personal identification, such as license plate numbers, personal names, email addresses or BlackBerry PIN numbers;
- Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media);
- Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without written permission;
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Entry cannot depict, and cannot itself, be in violation of any law.
By submitting an Entry, you warrant and represent that: (a) it is your original work; (b) it has not been previously published for commercial use or licensed for use by others; (c) it has not won previous awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property, proprietary property or other rights of any person or entity; and, (e) that publication of the Entry via various media, including internet/online posting, will not infringe on the rights of any third party.
Sponsor grants to eligible entrants a limited, revocable, non-sublicensable license to use the RIM®, BlackBerry® and BBM trademarks and logos (collectively, the “Assets”) for the sole purpose of creating and submitting an Entry for participation in this Contest. Entrants may make no further use whatsoever of the Assets or the Entry for any purpose whatsoever. In addition, entrant recognizes all of the rights, title and interest in the Assets as well as all derivative works created using the Assets shall vest exclusively to the Sponsor and entrant may not take and agrees not to take any action that might harm or adversely affect Sponsors’ rights. No right, title or interest in and to the Assets except for the limited license granted to entrant in these Official Rules is transferred or created.
- 4. HOW TO WIN: Entries will be displayed on the Website. Visitors to the Website will vote on which App they like the best by public poll on the Website. The voting period will begin on Sunday at 9:00pm GMT and end on Monday at 9:00 pm GMT (“Voting Period”). The five (5) Apps with the highest number of votes will be considered the Semi-Finalists. Semi-Finalists will be judged by a judging panel selected by Sponsor (“Judges”) based on the following equally weighted criteria: (1) Innovative and Unique idea; (2) User Interface; (3) User Experience; and (4) Content (collectively, the “Judging Criteria”). Each Contest Week, eligible entrants will be announced publicly on the Website on Tuesday at approximately 3:00 pm GMT. Before being a confirmed winner and eligible to receive their prize, the selected eligible entrants must submit their App to BlackBerry App World within two (2) weeks of being selected. If eligible entrants do not submit their App to BlackBerry App World by this date, they forfeit their prize and it may be awarded to an alternate entrant. Eligible entrants will receive an email confirmation directly from Sponsor. The odds of winning depend on the number of entries and how well the Entry conforms to the Judging Criteria based on the Judges decisions. Decisions of Sponsor are final and binding, without right of appeal, in all matters relating to the Contest.
- 5. PRIZES: There will be one (1) first place prize (“First Prize”) and four (4) runner up prizes (“Runner Up Prizes”) available to be won each Contest Week. Each First Prize consists of one (1) 32G BlackBerry® PlayBook™ tablet, one (1) pass to BlackBerry Jam Europe (“Event”) and 1,000 Jam Zone points. Event to be held in Amsterdam on February 5-6, 2013. Approximate value of each Prize is 150 Euro. Each Runner Up Prize consists of 500 Jam Zone points. If a Group wins a Prize, one Prize will be awarded to the Group as a whole and the Prize will be released to the Group Leader, as identified in the registration process.
TRANSPORTATION TO AND FROM THE EVENT AND ACCOMODATION ARE NOT INCLUDED IN THE PRIZE AND ARE THE SOLE RESPONSIBILITY OF THE WINNER. In addition, each Winner will be responsible for all meals, taxes, travel and/or medical insurance, airport improvement fees, gratuities and all personal and other expenses not specifically described above as included in the Prize. Winner is responsible for all costs associated with and obtaining any required travel documentation. Activation, airtime, service, accessories and any other costs not specifically identified as included in the Prize are the responsibility of each Winner. Sponsor reserves the right in its sole discretion to suspend or cancel the participation of any Winner due to noncompliance with any security procedure or inappropriate behavior or misconduct. In such case, Sponsor will not be responsible for any costs associated with returning Winner back to Winner’s residence or any other expense incurred by Winner.
Winner must be able to attend the Event on the specified date or the Prize will be forfeited. If Winner cannot attend the Event, Prize will be forfeited in its entirety and may be awarded to an alternate entrant. Winner acknowledges that the Event may be filmed and that by attending the Event, Winner may appear in a video that will be used by Sponsor for marketing and advertising purposes. Winner agrees to sign a document reflecting such consent to being filmed and to waive any moral rights associated with such filming.
Prizes must be accepted as awarded, are not transferrable and cannot be exchanged or substituted for cash, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize of equal or greater monetary value if a Prize, or any portion thereof, cannot be awarded for any reason. Winner is solely responsible for all applicable federal, provincial/state and local taxes and all other costs and expenses associated with Prizes not specified herein as being included. Sponsor is not liable for any tax implications arising from the Prize or Contest. Limit one (1) Prize per person.
- 6. WINNER NOTIFICATION: All potential winners will be notified by phone or email within five (5) business days of being declared a winner. If any potential winner is found to be ineligible or not in compliance with these Official Rules, if prize notification or any prize is returned as undeliverable or if a potential winner cannot be contacted within 72 hours of the first attempt, they will be disqualified, his/her prize will be forfeited and it may be awarded to an alternate entrant. Potential winners will be required to complete, sign and return an Affidavit of Eligibility/Liability Release and, where lawful, a Publicity Release, within two (2) calendar days of the date of notification or the prize will be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
- 7. LIMITATION OF LIABILITY – GENERAL: By participating in this Contest, you agree, to the maximum extent permitted by applicable laws to release and hold Sponsor, its respective parent companies, affiliates, subsidiaries, officers, directors, agents, representatives and employees (collectively, “Released Parties”), harmless from any and all liability whatsoever for any injuries, losses or damages of any kind arising from participation in or in connection with the Contest, including, without limitations: (i) awarding, acceptance, receipt, possession, use and/or misuse of the Prizes awarded herein; or (ii) participation in any Contest related activities and travel of any kind. The above limitation of liability shall not apply to death or bodily injury caused as a result of Sponsor’s negligence.
- 8. LIMITATION OF LIABILITY – CONTEST OPERATION: By entering the Contest and to the maximum extent permitted by applicable laws, you release and discharge Released Parties from any and all liability resulting from: (i) late, lost, delayed, stolen, misdirected, unreadable, incorrect, inaccurate, garbled, unintelligible or postage due communications, including without limitation, entries and entry information, regardless of the method of transmission, including the failure to send a prize notification email and/or shipping of prize to the prize winner; whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest; (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on any website related to the Contest, or for communications line failure, theft or destruction, tampering, or unauthorized access to entries and/or entry information; (iii) for printing, human, typographical or other errors in any Contest material or the administration of the Contest; and (iv) any computer, software, website or electronic defect, error or failure regardless of reason.
- 9. INTERNET: Released Parties are not responsible for computer system, phone line, hardware, software, cable, satellite, Internet Service Provider (ISP) or program malfunctions, or other errors, failures or delays in computer transmissions or network connections. Released Parties are not responsible for any errors whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prizes or any Contest-related materials. Sponsor reserves the right at its sole discretion, to disqualify any individual (and void all of his or her Entries) who tampers with the entry process. All Entries become property of the Sponsor and none will be returned.
- 10. RIGHT TO MODIFY, TERMINATE OR SUSPEND: Sponsor reserves the right to modify, terminate or suspend the Contest in whole or in part, in its sole discretion in the event of a computer virus, computer bug, unauthorized human intervention, fraud, technical or other failure, or any other cause or act beyond the control of the Sponsor that could affect the administration, operation, security, integrity, fairness and/or proper conduct of the Contest. In the event of such an occurrence the Sponsor will post a notice on the Website. In the event of cancellation, Sponsor will award the Prizes from among all eligible, non-suspect Entries received prior to cancellation using the judging procedure outlined above.
- 12. INTELLECTUAL PROPERTY: Any and all information you provide to RIM in connection with this Contest, including but not limited to any ideas, suggestions, improvements or modifications, to or for RIM’s products, that are included in your Entry or that arise from your participation in the Contest constitute “Information”. The term “Information” refers to and includes without limitation ideas, code, notes, graphics, inventions, patents, patent applications, disclosures, proposals, and any other content, whether directed to technical, business, or other types of subject matter, however provided, described or characterized, and in whatever form submitted or provided to RIM.
If you choose to provide your Information, RIM may, in its sole and absolute discretion, review it as follows:
a) Owner – If you, as the creator, inventor, assignee, or other rightful owner of the Information are willing to allow RIM to review your Information on a non-confidential basis, by providing Information, you represent that you are the creator, inventor, assignee, or other rightful owner of the idea and materials.
b) Representative – In the event you are acting as a properly authorized Representative of the Owner, please include in your Entry a description of the nature of your representative capacity (i.e., broker, attorney, executor, common representative, etc.), as well as the mechanism through which the representative capacity arises (i.e., written agreement, oral agreement, operation of law, etc.). By providing Information, you represent that you are a legal or contractual representative of the actual creator, inventor, assignee, or other rightful owner of the idea and materials submitted, with full power and authority to act on that party’s behalf.
Further, in the event that you are acting as a Representative, by providing Information you acknowledge that RIM makes no representation that it is bound by any relationship between the Owner and the Representative.
By providing Information or otherwise participating in the Contest, whether you are acting as Owner or Representative, you hereby license to RIM, its affiliated companies and necessary sublicensees, without limitation, the worldwide, royalty-free rights to make, use, sell, import, export, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Information or any product or service embodying the Information, without any further consideration to you, whether or not the Information is incorporated into RIM products and services.
If you are aware of any patents, published patent applications, or other publicly available documents covering, disclosing, or relating to the Information, please either identify or supply a copy of each.
By providing Information or otherwise participating in the Contest, whether you are acting as Owner or Representative, you represent that you are providing the Information on a non-confidential basis, that you understand that RIM does not consider the Information “in confidence,” and that you understand that RIM makes no commitment that the Information will be treated as confidential information. RIM shall not be liable or owe any compensation for any use, sale, reproduction or disclosure of the Information or any product or service embodying the Information. You acknowledge that protection for the Information is limited to the scope of your existing intellectual property rights and that disclosing ideas on a non-confidential basis risks losing protection of those ideas under applicable law. You also understand that unprotected ideas provided on a non-confidential basis are freely available for commercial use by any third party, including RIM. You represent that RIM will not be held to any duty of confidentiality regarding the Information.
RIM makes no representation whether the Information or similar ideas or materials were known to RIM prior to your submission, nor whether the ideas or materials of the Information are, or will be, used by RIM in current or future products or services.
Finally, by submitting Information you represent and warrant that all communications associated with the Information do not or will not be used to establish any notice of infringement and that any actual or imputed knowledge resulting from RIM’s awareness of the Information will not be used in establishing any infringement damages or enhancements thereto.
- 13. GENERAL TERMS/CONDITIONS: Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees or contractors or obtained from other participants or sources. Participants acknowledge and agree that they will not be entitled to any compensation, credit or other consideration as a result of use by Sponsor or any of its designees of any such similar or identical material. Entrant agrees that Released Parties are not responsible for any unauthorized use of Entries by third parties.
- 14. GOVERNING LAW: This Contest is governed by and is to be interpreted, construed and enforced under the laws of the Province of Ontario without regard to conflict of laws principles. Any dispute under the Official Contest Rules shall be subject to the non-exclusive jurisdiction of the courts of the Province of Ontario. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and consent to the jurisdiction of the courts of the Province of Ontario. You further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to the Official Contest Rules.
- 15. COUNTRIES ALLOWED TO PARTICIPATE TO THIS CONTEST: Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia and Montenegro, Slovakia , Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, Bahrain, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, United Arab Emirates, West Bank, Yemen, Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Cote d’Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, The Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe
Any provision in these Official Rules which is held to be invalid or unenforceable for any reason by any court, governmental department, body or tribunal, or in any applicable jurisdiction shall be ineffective to the extent of such invalidity or unenforceability and will not invalidate or render unenforceable the remaining provisions hereof and should any provision be held invalid or unenforceable in an applicable jurisdiction such provision shall not be invalidated or rendered unenforceable in any other jurisdiction.
- 16. SPONSOR: The Sponsor of the Contest is Research In Motion Limited 295 Phillip Street, Waterloo, ON Canada N2L 3W8.
- 17. WINNERS LIST: For a list of winners send an email request by March 21, 2013 to email@example.com.
© 2013 Research In Motion Limited. BlackBerry®, RIM®, Research In Motion® and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world. All other trademarks are the property of their respective owners.