ANDROID DEVELOPER CHALLENGE
TERMS & CONDITIONS
1. DESCRIPTION: The Android Developer Challenge ("Challenge") is designed to motivate and reward Participants who develop innovative, creative, functional and original applications for the Android platform. Grants will be awarded to those Participants who submit the best Entries as determined in the sole discretion of the Judges. No purchase necessary to enter or win.
2. SPONSOR: The Challenge is sponsored by Google Inc. ("Google"), a Delaware corporation with principal place of business at 1600 Amphitheater Parkway, Mountain View, CA, 94043, USA.
3. BINDING AGREEMENT: In order to enter the Challenge, you must agree to these Terms and Conditions ("Terms"). Therefore, please read these Terms prior to entry to ensure you understand and agree. After reading the Terms and in order to participate, each Participant must click the "I understand and agree" box (or the equivalent) on the Challenge entry webpage. Once the Participant clicks the "I understand and agree" box (or the equivalent), the Terms form a binding legal agreement between each Participant and Google with respect to the Challenge. Participants may not submit an entry to the Challenge and are not eligible to receive the Grants described in these Terms unless they agree to these Terms. If a Participant is part of a team, each member of the team must read and agree to these Terms and click on the "I understand and agree" box (or the equivalent) described herein.
Special Note to Participants who are entering as part of a team: If a Participant enters as part of a team, the Participant understands and agrees that, in order for his/her team to be eligible to participate, all of the members of the team must accept the Terms by clicking on the relevant "I understand and agree" box. Furthermore, a Participant that is part of a team understands and agrees that if his/her team is selected to receive a Grant, the team is responsible for ensuring the funds are appropriately distributed to each member of the team and each member of the team must agree upon the method of payment. In addition, once a team has registered, the team may not add, remove, or substitute member or otherwise change the composition of the team for the duration of the Challenge. Finally, the eligibility of the Participant is tied to the team's eligibility; if one member of the team does not comply with these Terms or is disqualified, the team as a whole will be disqualified.
Special Note to Participants who are entering as a business entity: If a Participant is entering as part of a business entity, corporation, or other legal entity (hereinafter collectively referred to as "Business Entity"), Participant warrants that the appropriate corporate officers, executives, managers or other persons who have the authority to approve Participant's entry into this Challenge have approved the Participant's entry and the Participant understands that these terms will be binding on both the Participant and his/her business entity. Furthermore, the Participant understands that if the Participant enters without obtaining the appropriate approval, Google may, in its sole discretion, disqualify the Participant's entry. Finally, if a Business Entity is selected to receive a Grant, a corporate officer or person entitled to bind the Business Entity will be required to validate that the Participant is entitled to receive the Grant on the behalf of the Business Entity and the corporate officer or person entitled to bind the Business Entity must provide the appropriate information for payment of the Grant.
Where Google has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Google. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. ELIGIBILITY: The Challenge is open to (i) individuals, teams of individuals, and business entities (each individual, each individual member of a team, and each entity is referred to as a "Participant" in these Terms) worldwide, except as set forth below, (ii) who have agreed to these Terms (as described in Section 3) and (iii) who are of the legal age of majority, at the time of entry, to form valid contracts in their respective country, province or state of legal residence and meet any applicable U.S., national, state, local, or provincial legal requirements for participation. The Challenge is void in, and not open to residents of, Cuba, Iran, Syria, North Korea, Sudan, Myanmar, or to individuals and entities restricted by U.S. export controls and sanctions, and is void in any other nation, state, or province where prohibited or restricted by U.S. or local law. In addition, the Challenge is void in, and not open to residents of, Italy and the Quebec Province of Canada. Employees of (i) Google, (ii) members of the Open Handset Alliance, (iii) the parent companies, affiliates and subsidiaries of either Google or any member of the Open Handset Alliance, and members of their immediate families (defined as parents, children, siblings and spouse, regardless of where they reside and/or those living in the same household of each) are not eligible to participate in the Challenge.
5. CHALLENGE PERIOD: The Challenge is divided into two Rounds. You must enter during the First Round in order to be eligible to receive a Qualifying Grant as well as to enter the Second Round. The First Round begins at 12:00:00 A.M. Pacific Time (PT) Zone in the United States on January 2, 2008 and ends at 11:59:59 P.M. PT on March 3, 2008 ("First Round Period"). The Second Round begins at 12:00:00 A.M. PT on March 31, 2008 and ends at 11:59:59 P.M. PT on May 1, 2008 ("Second Round Period"). Grants will be awarded after each Round as set forth in these Terms.
6. REGISTRATION: All Participants must provide certain registration information when submitting an Entry, including but not limited to full name, mailing address, contact phone number, and working email address ("Registration Information"). All Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry, and any potential grant recipient 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 the relevant provider of email services. Individuals and teams of individuals must provide the Registration Information for each and every individual involved with the Entry and every individual who is part of the team must agree to the Terms. Participants registering as a Business Entity must provide this information for an individual vested with the legal authority to bind the Business Entity to these Terms. All Participants awarded Grants in either the First or Second Round must verify their identity with Google before any Grants are distributed.
7. FIRST ROUND
a. SUBMISSION OF ENTRIES: To qualify for a Grant, an "Entry" to the Challenge consists of an application that is written in the Java programming language using the Android Software Development Kit ("SDK") (available at http://code.google.com/android). The SDK contains instructions, documentation, and all necessary tools to enable a Participant to build an Android application. Individuals, teams, and Business Entities may submit an Entry by visiting the Android Developer Challenge website and providing the name, email address, mailing address, date of birth and phone number of each Participant and uploading their Entry following the directions found on the website any time before the end of the First Round. However, Google is not responsible for any claims or disputes between one Participant and any other Participant regarding the ownership of the Entry or the content within the Entry. Google may disqualify any individual Participant, Business Entity or Team, without recourse and in its sole discretion, if any such claim or dispute arises.
b. LANGUAGE: Entries must, at a minimum, support English language use but may also support other languages at the discretion of the Participant.
c. JUDGING: After the submission period for the First Round of the Challenge ends, all Entries will be judged by a panel of experts in the fields of mobile devices, cellular telecommunications, software development, and/or technology innovation ("Judges"). Google will select the Judges from the member organizations of the Open Handset Alliance and/or from Google. Decisions of the Judges are final and binding.
d. QUALIFICATION: For the First Round of the Challenge, the Judges will consider each Entry under the following equally-weighted judging criteria:
(1) Originality of Concept - Does the application introduce a great new idea; for example, a new angle on social applications?
(2) Effective Use of the Android Platform - Does the application take advantage of Android's unique and compelling features, such as built-in location-based services, accelerometer, and always-on networking?
(3) Polish and Appeal - Is the application easy to use and aesthetically appealing?
(4) Indispensability - Is the application compelling and essential, such as a game the user just can't put down or a utility she can't live without?
Using these criteria, the Judges will evaluate each Entry and give it a score. The fifty (50) Entries with the highest scores will be determined to be "Qualifying Entries" and will receive the Qualifying Grant described below.
e. QUALIFYING GRANT. Each Participant that submitted a Qualifying Entry will receive a grant of $25,000 USD (twenty-five thousand dollars) ("Qualifying Grant") so long as the Participant complies with these Terms. If a Participant submits more than one Qualifying Entry, that Participant will receive multiple Qualifying Grants appropriate to the number of Qualifying Entries submitted. In the event of a tie, judges will select the Participant who scored the highest in "Effective Use of the Android Platform." Qualifying Entries will be announced on or about March 31, 2008.
f. DISTRIBUTION OF QUALIFYING GRANT: Google is not responsible for any division or distribution of the Qualifying Grant among or between team members or Business Entities. Instead, distribution or division of any Qualifying Grant among individual team members or within Business Entities is the sole responsibility of the participating team or Business Entity. Google will award the Qualifying Grant to the one (1) member of the team or Business Entity, who is identified by each member of the team or Business Entity to receive the Qualifying Grant as part of the Registration process. That person is then responsible for dividing and distributing the Qualifying Grant to all members of the team or Business Entity. In addition, in the event the Participant is a member of Business Entity, a corporate officer or a person entitled to bind the Business Entity must also approve the distribution of the grant.
g. TAXES: PAYMENTS TO POTENTIAL GRANT RECIPIENTS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO GOOGLE ALL documentATION REQUESTED BY GOOGLE TO PERMIT IT TO COMPLY WITH ALL APPLICABLE US, STATE, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL GRANTS WILL BE NET OF ANY TAXES GOOGLE IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON THE GRANT ARE THE SOLE RESPONSIBILITY OF THE GRANT RECIPIENT. In order to receive a Grant, potential grant recipients 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 grant recipient's country of residence. The potential grant recipient is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential grant recipient fails to provide such documentation or comply with such laws, the Grant may be forfeited and Google may, in its sole discretion, select an alternative potential grant recipient.
h. NOTIFICATION: Participants who are chosen as potential Qualifying Grant recipients will be notified by email on or about March 31, 2008. Each Qualifying Entry is eligible for re-submission to the Second Round of the Challenge as set forth in these Terms. Participants who are selected for the Qualifying Grant may improve, modify, or alter their Qualifying Entries in any way they choose before resubmission in the Second Round.
i. RELEASE: All Participants who are selected to receive a Qualifying Grant may be required to agree to the terms of an Affidavit of Eligibility and/or other documents prior to receiving the Qualifying Grant. If a team or Business Entity is selected as a potential Qualifying Entry, all members of the team or a person with the authority to bind the Business Entity, must agree to the terms of these agreements and must identify the individual that is to receive the Qualifying Grant. Failure to comply with this requirement or to submit any of these documents within the time period specified within the documents may mean that the Participant and team both have forfeited the applicable grant and Google may, in its sole discretion, select an alternative Participant to receive the grant.
8. SECOND ROUND
a. RESUBMISSION OF ENTRIES: The Second Round of the Challenge is open only to Participants who received a Qualifying Grant. Thus, only Qualifying Entries from the First Round are eligible for resubmission in the Second Round. In order to be considered for the Second Round, a Participant must visit the Android Developer Challenge website and resubmit his/her Qualifying Entry on or before May 1, 2008. If a Qualifying Entry is not resubmitted, it will not be considered for any Grants in the Second Round.
b. LANGUAGE: Entries must, at a minimum, support English language use but may also support other languages at the discretion of the Participant.
c. JUDGING: All Entries for the Second Round of the Challenge will be judged by a panel of experts in the fields of mobile devices, cellular telecommunications, software development, and/or technology innovation ("Judges"). Google will select the Judges from the member organizations of the Open Handset Alliance and/or from Google. Decisions of the Judges are final and binding. The Judges for the Second Round may or may not be the same Judges from the First Round. The Judges will evaluate each entry using the same criteria set forth in Section 7.
Using these criteria, the Judges will evaluate each Entry and give it a score. The ten (10) Entries with the highest scores will be determined to be a potential "First Place Entries" and will receive the First Place Grants described below. The ten (10) Entries with the next highest scores will be deemed to be the potential "Second Place Entries" and will receive the Second Place Grants described below. In the event of a tie, the Judges will select the Participant who scored the highest in "Effective Use of the Android Platform." Potential First and Second Place Grant recipients will be announced on or about May 31, 2008.
d. GRANTS: Each Participant submitting a First Place Entry will receive a grant of $275,000 USD (two hundred and seventy-five thousand U.S. dollars) and each Participant submitting a Second Place Entry will receive a grant of $100,000 USD (one hundred thousand U.S. dollars) so long as the Participant complies with these Terms.
e. DISTRIBUTION OF GRANT: Google is not responsible for any division or distribution of the grants among or between team members or Business Entities. Instead, distribution or division of any grant among individual team members or within Business Entities is the sole responsibility of the participating team or Business Entity. Google will award the applicable grant to one (1) member of the team or Business Entity, who is identified by each member of the team or Business Entity to receive the grant as part of the Registration process. That person is then responsible for dividing and distributing the grant to all members of the team or Business Entity. In addition, in the event the Participant is a member of Business Entity, a corporate officer or a person entitled to bind the Business Entity must also approve the distribution of the grant.
If a team or Business Entity is selected to potentially receive a First or Second Place Grant, all members of the team or a person with the authority to bind the Business Entity must identify the individual that is to receive the grants described in this Section. Failure to comply with this requirement will mean that Participant has forfeited the applicable grant and Google may, in its sole discretion, select an alternative Participant to receive the First or Second Place Grant.
f. TAXES: PAYMENTS TO POTENTIAL GRANT RECIPIENTS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO GOOGLE ALL documentATION REQUESTED BY GOOGLE TO PERMIT IT TO COMPLY WITH ALL APPLICABLE US, STATE, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL GRANTS WILL BE NET OF ANY TAXES GOOGLE IS REQUIRED TO WITHHOLD. ALL TAXES IMPOSED ON THE GRANT, OTHER THAN THOSE GOOGLE IS REQUIRED TO WITHHOLD, ARE THE SOLE RESPONSIBILITY OF THE GRANT RECIPIENT. In order to receive a Grant, potential grant recipients 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 grant recipient's country of residence. The potential grant recipient is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential grant recipient fails to provide such documentation or comply with such laws, the Grant may be forfeited and Google may, in its sole discretion, select an alternative potential grant recipient.
g. NOTIFICATION: Participants who are chosen as potential First and Second Place Winners will be notified by email on or about May 31, 2008.
9. GENERAL CONDITIONS: Grants are awarded without warranty of any kind from Google, 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. Submission of Entry into this Challenge deems that Participants agree to be bound by these Terms and by the decisions of Google and the Judges, which are final and binding on all matters pertaining to this Challenge. Under no circumstances shall the submission of an Entry in the Challenge, the awarding of a Grant, or anything in these Terms be construed as an offer or contract of employment with Google. Failure to respond to notification of Qualifying Entry or First/Second Place Entry may result in disqualification and selection of an alternate grant recipient. A Participant may be prohibited from participating in this Challenge if, in Google's sole discretion, it reasonably believes that the Participant has attempted to undermine the legitimate operation of the Challenge by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Participants, Google, the Judges, or members of the Open Handset Alliance.
You acknowledge and understand that Google and/or members of the Open Handset Alliance may independently develop applications that may be similar to or identical to your Entry in terms of theme, idea, function, or in other respects. You agree that you will not be entitled to any rights in, or compensation in connection with, any such similar or identical applications and/or ideas. 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 Google and that no such relationship is established by your submission of an Entry to Google under these Terms.
10. INTELLECTUAL PROPERTY RIGHTS: As between Google and the Participant, the Participant retains ownership of all intellectual and industrial property rights in and to the Entry that Participant had before submission, including the right to distribute the application commercially at any time. As a condition of entry, Participant grants 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 that Participant submits to this Challenge solely for the purposes of allowing Google to test and evaluate the Entry for purposes of the Challenge and to advertise, display, demonstrate, or otherwise promote the Android platform. Participant specifically agrees that Google shall have the right to use, reproduce, publicly perform, and publicly display the Entry in connection with the advertising and promotion of the Android platform via communication to the public or other groups, including, but not limited to the right to make screenshots, animations and video clips available for promotional purposes.
Participants also understand this data may be used by Google in order to verify a Participant's identity, postal address and telephone number in the event a Participant qualifies for a grant in either First or Second Round. Participants have the right to access, review, rectify or cancel any personal data held by Google in connection with the Challenge by writing to Google at the address listed above. If a Participant does not provide the data required at registration, that Participant's Entries will be ineligible.
For residents of the European Union: Pursuant to EU law pertaining to data collection and processing, you are informed that:
The data controller is Google and the data recipients are Google and its agents;
Your data is collected for purposes of administration of the Challenge;
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: Android Developer Advocates, Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
Your personal data will be transferred to the U.S.
12. WARRANTY AND INDEMNITY: All Participants warrant that their Entries are original and that they are the sole and exclusive owner and rights holder of the submitted Entries, that no third parties will make any challenges or claims as to ownership or fraud, and that they have the right to submit the Entries in the Challenge and grant all required licenses. Each Participant warrants that the Participant has not submitted any Entry 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 or confidentiality obligations; or (2) otherwise violates applicable U.S. law or the law of the Participant's country of residence.
To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Google at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless Google, its affiliates and their respective directors, officers, employees and agents 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 material uploaded or otherwise provided by the Participant 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 Participant in connection with the Challenge; (c) any non-compliance by the Participant with these Terms; and (d) claims brought by persons or entities other than the parties to these Terms arising from or related to the Participant's involvement with the Challenge. To the extent permitted by law, Participant agrees to hold Google, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Challenge and/or use or acceptance of any grant, except to the extent that any death or personal injury is caused by the negligence of Google.
13. ELIMINATION: Any false information provided within the context of the Challenge by any Participant including information concerning identity, mailing address, telephone number, email address, or ownership of right, or non-compliance with these Terms, the SDK License Agreement, or the like may result in the immediate elimination of the Participant from the Challenge. Google further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Terms, or violates U.S. or applicable local law in Participant's country of residence.
14. INTERNET: Google is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Google is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Google is not responsible for inaccurate transmissions of or failure to receive entry information by Google 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 Google. If for any reason the Challenge 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 Challenge, Google reserves the right at its sole discretion to cancel, terminate, modify or suspend the Challenge. Google further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the Challenge. Any attempt by a Participant to deliberately damage any Web site or undermine the legitimate operation of the Challenge 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 Participant to the fullest extent of the applicable law.
15. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Terms 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 Terms 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 Challenge are hereby excluded, and all Participants expressly waive any and all such rights.
16. ARBITRATION: By entering the Challenge, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Challenge will be decided by binding arbitration. All disputes between you and Google, of whatsoever kind or nature arising out of these Terms, 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.
17. WINNERS LIST: You may request a list of winners after May 31, 2008 by writing to:
Android Developer Advocates
1600 Amphitheater Parkway
Mountain View, CA 94043