Liferay 2013 Marketplace App Contest Official Rules
"LIFERAY 2013 APP CONTEST" ("CONTEST")
OFFICIAL CONTEST RULES ("OFFICIAL RULES")
BY SUBMITTING AN ENTRY AND 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. THEREFORE, PLEASE READ THESE OFFICIAL RULES CAREFULLY PRIOR TO YOUR SUBMISSION OF AN ENTRY.
THIS AGREEMENT IS BETWEEN LIFERAY, INC. ("SPONSOR"), A CALIFORNIA CORPORATION, AND YOU. AS USED HEREIN, THE TERMS "YOU" (OR "YOUR") SHALL MEAN AN INDIVIDUAL OR LEGAL ENTITY THAT SUBMITS AN ENTRY (AS DEFINED BELOW) IN THE CONTEST. AN INDIVIDUAL ACTING ON BEHALF OF A LEGAL ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE HAS THE REQUISITE AUTHORITY TO BIND SUCH LEGAL ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY OR IF COMPANY DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCEPT THIS AGREEMENT AND DO NOT SUBMIT AN ENTRY IN THE CONTEST.
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 PERIOD: The Contest Period will begin on Tuesday March 25, 2013 at 9:00am US/Pacific and end on Thursday August 15, 2013 at 11:59pm US/Pacific ("Entry Deadline").
- HOW TO ENTER: Subject to eligibility restrictions under Section 3 and 4 below, to enter, register and submit your App and App Summary (as each term is defined below) at http://www.liferay.com/marketplace/app-contest-2013 (the "Website") (each such submission, an "Entry"). You must develop an application for the Liferay Portal platform based on criteria provided by Sponsor (an "App"). Additionally, submit information regarding the App as requested on the Website including, without limitation, the name of the App, a description of what the App does, technology(ies) used in development the App (e.g., third party libraries, programming languages, etc.) and, if applicable, a list of all Group (as defined below) members (the "App Summary"). Entries must be submitted via the Website no later than the Entry Deadline. Proof of submission does not constitute proof of receipt. The Sponsor's server will be the official time clock for this Contest. You may submit as many unique Entries into the Contest as You wish, duplicates are not permitted.
- CONTESTANT ELIGIBILITY: To be eligible, You must be 18 years of age or older. You are permitted to enter as a group of individuals ("Group"), but all members of the Group must meet the Eligibility criteria, and only one individual from any group will be awarded a prize, if chosen as a winning entry.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 (i.e., 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 in the Contest.If You are from any country currently embargoed by the United States government or an individual who is or is affiliated with or related to any individual currently embargoed by the United States government, You are not eligible to participate in the Contest.
- APP ELIGIBILITY: All Entries must also conform to the following requirements, as determined by Sponsor at its sole and exclusive discretion:
- Apps already approved for distribution on the Liferay Marketplace as of December 31, 2012 are not eligible to win.
- Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process will be void.
- Entry must be submitted to the Liferay Marketplace by Entry Deadline. Entry is not required to be approved for public distribution on the Liferay Marketplace. Apps that fail to meet Marketplace distribution requirements will still be considered, and will be judged on the same judging criteria as apps that are approved for distribution.
- 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 its 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, or email addresses;Entry infringes the intellectual property rights of Sponsor or any third party. 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) except where You have acquired the applicable licenses to use such copyrighted materials;
- 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 applicable law.
- HOW TO WIN: After the Entry Deadline of the Contest, winning Entries will be chosen by a judging panel selected by Sponsor ("Judges") based on the following criteria, weighted equally: (1) Innovative and Unique idea; (2) Integration; (3) User Interface; (4) User Experience; and (5) Content (collectively, the "Judging Criteria").The odds of winning depend on the number of entries and how well the Entry conforms to the Judging Criteria at the Judges' discretion. Decisions of the Judges and Sponsor are final and binding, without right of appeal, in all matters relating to the Contest.
- PRIZES: Sponsor will award two (2) first place prizes ("Grand Prize") and twenty-five (25) runner up prizes ("Runner Up Prizes") (each, a "Prize"). For purposes of these Official Rules, "Winner" shall mean the individual, legal entity or Group that is deemed a Contest winner by the Judges.Winners must accept their respective Prizes as awarded, which 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. Prizes are exclusive of, and Sponsor is not liable for, any taxes arising from the Prize (or participation in the Contest). If a Group is deemed a Winner, only one (1) Prize will be awarded and such Prize shall be released to the Group's Leader, as identified in the registration process.Limit one (1) Prize per individual.GRAND PRIZEEach Grand Prize shall consist of: (i) one (1) ticket to the winner's choice of an event hosted by Sponsor or an affiliate and scheduled between August 23, 2013 and August 23, 2014 anywhere in the world, (ii) airfare for one (1) coach-class airline ticket from the winner's nearest major airport to the nearest major airport to the chosen event (subject to a US$2,500.00 limit), (iii) two-night, single room accommodations at a hotel chosen by Sponsor (if hotel is not in the same venue as the event, local transportation between venues is not included in the Prize), (iv) one (1) exhibition booth/area to exhibit the winning app, to be designated by event organizers, and (v) one (1) month of "Featured App" status on the Liferay Marketplace. Approximate value of each Grand Prize is US$3,500.00.Notwithstanding the foregoing, each Grand Prize 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 Grand Prize. Each Grand Prize Winner is also responsible for all costs associated with and obtaining any required travel documentation. Sponsor reserves the right in its sole discretion to suspend or cancel the participation of any Grand Prize 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 Grand Prize Winner back to Winner's residence or place or travel origin, or any other expense incurred by Grand Prize Winner.If the Grand Prize Winner cannot attend the event, the Grand Prize will be forfeited in its entirety and may be awarded to an alternate entrant. Grand Prize Winner acknowledges that the event, and booth, may be filmed and/or photographed, and that by attending an event, Grand Prize Winner consents and authorizes Sponsor to use his/her name and likeness in videos or photographs for Sponsor's marketing and advertising purposes. Grand Prize Winner agrees to sign a document reflecting such consent to being filmed and photographed and to waive any moral rights associated with such filming and photography.RUNNER UP PRIZESEach Runner Up Prize consists of: (i) one (1) Apple iPad Mini (16GB, Black, wi-fi) and (ii) Featured App status for one (1) week between August 23, 2013 and December 31, 2013, to be specified at the sole discretion of Sponsor.
- WINNER NOTIFICATION: Sponsor will contact winners on or around August 23, 2013 via the contact information provided in your Entry. Sponsor shall have no liability and no obligation to contact You if the contact information You provide is incomplete, subsequently changed or otherwise inaccurate.Sponsor reserves the right to disqualify any Winner, deem the Prize forfeited, and award the Prize to an alternative Winner, under the following circumstances:
- Winner found to be ineligible or not in compliance with these Official Rules;
- Prize notification or Prize returned as undeliverable;
- Winner does not respond to Prize notification within 72 hours of the first attempt; or
- Affidavit of Eligibility/Liability Release and, where lawful, a Publicity Release, is not signed and returned to Sponsor within 72 hours of Prize notification.
- INTELLECTUAL PROPERTY: You expressly declare that You consent to Sponsor publishing the App on the Liferay Marketplace. You grant Sponsor and all third-party downloaders all thereto necessary and related rights, in particular the right of non-exclusive worldwide use and the right of duplication.Any and all information You provide to Sponsor in connection with this Contest, including but not limited to the App and App Summary, ideas, suggestions, improvements or modifications, to or for products of Sponsor and its affiliates, that are included in Your Entry or that arise from Your participation in the Contest ("Information") is hereby licensed to Sponsor and its affiliates 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, whether in its original or modified form, without any further consideration to You and without thereby establishing any rights and claims for You against Sponsor.By providing Information, You represent that You are providing the Information on a non-confidential basis, that you understand that Sponsor does not consider the Information "in confidence," and that You understand that Sponsor makes no commitment that the Information will be treated as confidential 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 Sponsor. You represent that Sponsor will not be held to any duty of confidentiality regarding the Information.
- CONTESTANT WARRANTY: By submitting an Entry, You warrant and represent to Sponsor that: (a) App is Your original work (or, the original work of Your Group, as applicable); (b) App has not been previously published, by You or a third-party for commercial use or licensed for use by others; (c) App has not won previous awards; (d) You have all requisite and necessary rights, interest and/or title to publish the App; (e) App 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, (f) that publication of Your Entry via various media, including internet/online posting, will not infringe on Your rights or the rights of any third party.
- LIMITATION OF LIABILITY – GENERAL: By submitting an Entry into the Contest, You agree, to the maximum extent permitted by applicable laws, to release and hold the Judges, and 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 or in connection with participation the Contest, including, without limitation: (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 or willful misconduct.
- LIMITATION OF LIABILITY – CONTEST OPERATION: By submitting an Entry into the Contest, You agree, to the maximum extent permitted by applicable laws, to release and discharge and hold harmless the 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.
- 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, legal entity or Group (and void all of his/her/its Entries) that tampers with the entry process.
- RIGHT TO MODIFY, TERMINATE OR SUSPEND: Sponsor reserves the right to modify, terminate or suspend the Contest and/or these Official Rules, either in whole or in part, at its sole and exclusive 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 intended operation of the Contest. In the event of such an occurrence, Sponsor will post a notice on the Website. In the event of cancelation of the Contest, Sponsor will award the Prizes from among all eligible, non-suspect Entries received prior to the time of cancelation using the judging procedure outlined above.
- GENERAL TERMS/CONDITIONS: These Official Rules are the entire legal relationship between the You and Sponsor. 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. You 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. You agree that Released Parties are not responsible for any unauthorized use of Entries by third parties. 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. In the event that any provision of the Official Rules is or becomes invalid, this will notaffect the validity of the remaining provisions. The invalid provision will be replaced by a provision which comes as close as possible to the economic purpose of the invalid provision. Sponsor reserves the right to change these Official Rules at any time without prior notice.
- GOVERNING LAW: This Contest is governed by and is to be interpreted, construed and enforced under the laws of the State of California without regard to conflict of laws principles. Any dispute under the Official Contest Rules shall be subject to the non-exclusive jurisdiction of the state and federal courts in Los Angeles County, State of California. 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 State of California and the United States of America. 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.
- NOTICE: Any notices permitted or required under these Official Rules shall be in writing and shall be delivered to Sponsor at the following address: Liferay, Inc., 1400 Montefino Avenue, Diamond Bar, CA, United States of America 91765.
- WINNERS LIST: For a list of winners, send an e-mail request by December 31, 2013 to email@example.com.