THE APPCELERATOR MOBILE DEVELOPER CHALLENGE CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER. Void where prohibited or restricted by law. 


BY REGISTERING FOR THIS CONTEST, YOU FULLY AND UNCONDITIONALLY AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT REGISTER FOR THIS CONTEST AND DO NOT SUBMIT AN ENTRY.

 

COMMON TERMS USED IN THESE RULES:

These are the official rules that govern how the Appcelerator Mobile Developer Challenge contest promotion will operate. This promotion will be simply referred to as the “Contest” throughout the rest of these rules.

In these rules, “Appcelerator”, “we” “our” and “us” refer to Appcelerator, Inc. the sponsor of the Contest. “You,” “yourself,” “I,” “me,” and “my” refers to an eligible

Contest entrant.

 

1. CONTEST DESCRIPTION:

This is a skill-based Contest. The object of this Contest is to create a mobile application that best illustrates the capabilities of Appcelerator’s Titanium Studio, Appcelerator Cloud Services, and the Titanium Marketplace Modules. For the purpose of this Contest, each mobile application you create and submit in the Contest will be called an “entry.” Entry eligibility will be determined using the criteria in Paragraph 4. All eligible entries received will be judged using the criteria in Paragraph 7, and the judges will initially select ten (10) finalists and a first and second prize winner from this pool of finalists.

 

2. What are the start and end dates?

This Contest starts at 9:00 AM Pacific Time on August 1, 2012 and ends at 5:00 Pacific Time PT September 30, 2012. This will be referred to as the Entry Period throughout the rest of these rules. Entries must be received within the Entry Period to be eligible. Any received outside of those dates will be disqualified.

 

3. Can You enter?

You are eligible to enter this Contest if you meet the following eligibility requirements: The Contest is sponsored by Appcelerator, Inc. (“Sponsor”) and is open and offered only to individuals fourteen (14) years of age or older at time of entry. If you are a minor, you should ask your parent’s or legal guardian’s permission prior to submitting an entry in this Contest. Appcelerator, Inc., its affiliates, subsidiaries, and their respective employees, officers, directors, representatives, agents, consultants, contractors and their family members are not eligible to participate and will be disqualified. Residents of the province of Puerto Rico, Quebec in Canada, Cuba, Iran, Syria, North Korea, Italy, Myanmar (formerly Burma) and Sudan are not eligible to participate. The Contest is void in these countries and where otherwise prohibited or restricted by law. Appcelerator reserves the right to limit, or restrict upon notice, participation in the Contest to any person who fails to comply with these terms and conditions. This Contest is void outside the geographic area described above and wherever else prohibited by law.

 

4. What constitutes an eligible entry?

To be eligible for judging an entry must meet the following content / technical requirements:

  • Entries to the Appcelerator 2012 Mobile Developer Challenge must have some kind of technical touch point (API or tool integration, or direct implementation with) one of the following Appcelerator technologies:
    • Titanium Studio
    • Titanium Mobile SDK
    • Appcelerator Cloud Services (ACS)
    • Appcelerator Analytics
  • Entries must not have been published to any app distribution channel or server before August 1, 2012.

In addition:

  • your entry must be your own original work; and
  • your entry cannot have been selected as a winner in any other contest; and
  • you must have obtained any and all consents, approvals or licenses required for you to submit your entry; and
  • your entry must not otherwise violate the rights of any other person or company by using their trademarks, music, logos, names or images without their express written consent.

 

5. How will my entry be potentially used?

Other than what is set forth below, we are not claiming any ownership rights to your entry. However, by submitting your entry, you (or, if you are a minor, your parent or legal guardian): 

  • are granting us an irrevocable, royalty-free, worldwide right and license to: (i) use, review, assess, test and otherwise analyze your entry and all its content in connection with this Contest; and (ii) feature your entry and all its content in connection with the promotion of this Contest in all media (now known or later developed); 
  • agree to sign any necessary documentation that may be required for us and our designees to make use of the rights you granted above;
  • understand and acknowledge that we may have developed or commissioned materials similar or identical to your submission and you waive any claims you may have resulting from any similarities to your entry;
  • understand that we cannot control the incoming information you will disclose to our representatives in the course of entering, or what our representatives will remember about your entry. You also understand that we will not restrict work assignments of representatives who have had access to your entry. By entering this Contest, you agree that use of information in our representatives’ unaided memories in the development or deployment of our products or services does not create liability for us under this agreement or copyright or trade secret law;
  • understand that you will not receive any compensation or credit for use of your entry, other than what is described in these Official Rules. Please note that following the end of this Contest your entry may be posted on a website selected by us for viewing by visitors to that website. We are not responsible for any unauthorized use of your entry by visitors to this website. While we reserve these rights, we are not obligated to use your entry for any purpose, even if it has been selected as a winning entry. If you (or, if you are a minor, your parent or legal guardian) do not want to grant us these rights to your entry, please do not enter this Contest.

 

6. How do you submit your entry? Enter at Appcelerator.ChallengePost.com. There is no limit to the amount of entries.

We are not responsible for entries that we do not receive for any reason, or for entries that we receive but are not decipherable for any reason.

We will automatically disqualify:

(1) Any incomplete or illegible entry; and

(2) Any entries that we receive from you that are in excess of the entry limit described above.

 

7. How will entries be judged?

A panel of judges will review all eligible entries received and select ten (10) finalists based upon the following criteria:

  • Depth of Integration with Appcelerator
  • Utility
  • User Experience
  • Originality of Concept

The decisions of these judges are final and binding. If we do not receive a sufficient number of entries meeting the entry requirements, we may, at our discretion, select fewer than ten (10) finalists. In the event of a tie between any eligible entries, the tie will be broken by an additional judge who will judge the tied entries based on the criteria listed above.

 

8. What are the prizes?

1st Place

  • $15,000 cash prize
  • All expense paid trip to CODESTRONG 2012 to launch your app on stage, including access pass to CODESTRONG 2012, airfare for two people (two round trip coach class plane tickets up to $1,000 each, winner will be required to book his or her own airfare and will be reimbursed by Appcelerator), one (1) double hotel room at the InterContinental San Francisco for two (2) nights, round-trip car transportation from San Francisco International Airport to InterContinental Hotel San Francisco, and meals provided as part of CODESTRONG conference. Trip dates are Sunday, October 21, 2012 through Tuesday, October 23, 2012.

 

 

2nd Place

  • $5,000 cash prize
  • All expense paid trip to CODESTRONG 2012 to launch your app on stage, including access pass to CODESTRONG 2012, airfare for two people (two round trip coach class plane tickets up to $1,000 each, winner will be required to book his or her own airfare and will be reimbursed by Appcelerator), one (1) double hotel room at the InterContinental San Francisco for two (2) nights, round-trip car transportation from San Francisco International Airport to InterContinental Hotel San Francisco, and meals provided as part of CODESTRONG conference. Trip dates are Sunday, October 21, 2012 through Tuesday, October 23, 2012.

 

Box Bonus

  • $5,000 cash prize (Any application that uses Box API is eligible to win this prize. This prize may be stand-alone or may be added to one of the other cash prizes.(Award will favor business-oriented apps.) 

 

Top 10 finalists

Each of the Top 10 finalists will receive a Nexus 7 Tablet.

 

The total Estimated Retail Value (ERV) of all prizes: US$30,000 

If for any reason the advertised prize is unavailable, we reserve the right to substitute a prize of equal or greater value. We will only award one (1) prize per person. If you are selected as a potential winner of this Contest:

(1) You may not exchange your prize for cash or any other merchandise or services; (2) You may not designate someone else as the winner. If you are unable or unwilling to accept your prize, we will award it to an alternate potential winner; (3) If you accept a prize, you will be solely responsible for any local, provincial, state, federal or any other applicable taxes, and any other costs, expenses and fees connected with the prize. In order to receive a prize, you must submit to Sponsor the tax documentation or information requested by Sponsor or otherwise required by applicable law, including, where relevant, the law of the potential winner’s country of residence. You (or your parent or legal guardian) is responsible for ensuring compliance with all the applicable tax laws and filing requirements. If you fail to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.

 

9. How will you know if you’re a winner?

On or around October 12, 2012, we, or a company acting under our authorization, will complete judging and ten (10) potential winners will be determined based on the criteria stated above. If you are a potential winner, we will notify you by sending a message to the e-mail address, the phone number, or mailing address (if any) listed on your entry within seven (7) days following the selection. If the notification that we send is returned as undeliverable, or you are otherwise unreachable for any reason, we may award the prize to an alternate selected winner. If there is a dispute as to who is the potential winner, we will consider the potential winner to be the authorized account holder of the e-mail address used to enter the Contest, or the person residing at the mailing address listed on your entry. If you are a potential winner, we may require you to sign an affidavit of eligibility, liability/publicity release and W-9 form. If you do not sign and return these required forms within the time period listed on the winner notification message, we may disqualify you and select an alternate randomly selected winner. 

 

10. What other conditions are you are agreeing to by entering this Contest?

By entering this Contest you (your parent or legal guardian if you are a minor) agree and/or understand that:

(1.) To abide by these Official Rules; (2.) To the extent allowed by law, to release and hold harmless Appcelerator, their respective parents, subsidiaries, affiliates, employees and agents from any and all liability or any injury, loss or damage of any kind arising from or in connection with this Contest or any prize won; (3.) That Appcelerator’s decision will be final and binding on all matters related to this Contest; (4.) That Appcelerator may use your proper name and state of residence online and in print, or in any other media, in connection with this Contest, without payment or compensation to you, except where prohibited by law; and (5.) This Contest and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to the conflicts of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms and Conditions shall be the state courts of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. Entrants hereby waive all rights to (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and (ii) to have damages multiplied or otherwise increased, including for willful patent infringement.

 

11. How can you find out who won?

We will post the names of confirmed winners online after October 24, 2012 at Appcelerator.ChallengePost.com. This list will remain posted until November 30, 2012.

 

12. GENERAL CONDITIONS: Entrant grants permission to Sponsor and its authorized representatives to use his/her name, address (city and state/province/territory), photograph, voice, and/or other likeness for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide, and on the Internet and world wide web, in perpetuity, without notice, consideration, review or approval. Entrants shall at all times comply with the Terms and Conditions of Use on and for the Site. Entrants agree that personal data may be collected, processed, stored and otherwise used solely for the purposes of conducting and administering the Contest. Personal data will be processed in accordance with Appcelerator’s Privacy Policy which can be found at http://www.appcelerator.com/legal/privacy-policy. Following the termination of the Contest, Appcelerator shall not be required to retain records of any Entries. Entrants should direct any request to access, update, or correct information to Sponsor. Sponsor is not responsible for human error, theft, destruction, or damage to Entries, or other factors beyond its reasonable control. Sponsor reserves the immediate right to disqualify any Entrant who, in Sponsor’s sole discretion: (i) is not in compliance with these Terms and Conditions, (ii) tampers with the Entry process, the Contest, or the Site; or (iii) is acting in an uncooperative, unsportsmanlike, disruptive, abusive, or threatening manner. Sponsor shall not be liable to a winner or any other person for failure to supply the prize or any part thereof, by reason of the prize becoming for reasons beyond the reasonable control of Sponsor unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond Sponsors’ control. Neither Sponsor, nor its employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies (“Released Parties”) shall assume any responsibility whatsoever for delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failures or difficulties; the incorrect or inaccurate capture or failure to capture information whether caused by Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, Entry, or other information; the failure to capture any such information; or errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest, theft, loss, destruction or damage to Entries, in whole or in part, or other factors beyond their reasonable control. Once submitted, an Entry cannot be deleted or cancelled. Except in cases of death or personal injury caused by negligence, Released Parties are not responsible for injury or damage to Entrants’ or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site. Persons who tamper with or abuse any aspect of the Contest or Site, as solely determined by Sponsor, will be disqualified. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE PROMOTION, IF APPLICABLE). Any Entrant Appcelerator suspects of attempting to circumvent the Terms and Conditions of this Contest, including but not limited to using false e-mail and/or addresses, multiple identities or other fraudulent or deceptive Entry methods, may be disqualified. In the event of a dispute as to the source of any Entry, the authorized account holder of the email address used to enter will be deemed to be the person making the Entry. The authorized “account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

 

13. Who is sponsoring this Contest?

Appcelerator is the sponsor of this Contest.

Appcelerator, Inc.

440 N. Bernardo Ave. 

Mountain View, CA 94043

 

14. LIMITATIONS OF LIABILITY AND RELEASE: ENTRANT AGREES THAT SPONSOR, ITS AFFILIATES, DIVISIONS, SUBSIDIARIES, RESELLERS, DEALERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY ENTRANT FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING WITHOUT LIMITATION DISABILITY OR DEATH, EXCEPT IN CASES OF DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF THEIR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED ACTIVITY. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.

 

Appcelerator is a registered trademarks of Appcelerator, Inc. Any third party trademarks mentioned herein are the property of their respective trademark owners.