Built for BlackBerry Contest – Terms & Conditions

MoDEV and BlackBerry Built for BlackBerry COMPETITION (“COMPETITION”)
OFFICIAL COMPETITION TERMS AND CONDITIONS
(“TERMS AND CONDITIONS”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF RECEIVING A PRIZE.  THIS COMPETITION IS SUBJECT TO FEDERAL, PROVINCIAL, STATE AND LOCAL LAWS.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW. COMPETITION IS SPONSORSED BY BLACKBERRY LIMITED AND MODEV NETWORK LLC (TOGETHER, THE “Sponsors”).  BY PARTICIPATING IN THIS COMPETITION, YOU AGREE TO BE BOUND BY THESE OFFICIAL TERMS AND CONDITIONS. 

1. COMPETITION OVERVIEW:  This Competition invites eligible developers to develop an app for the BlackBerry 10 OS that is approved by BlackBerry World and under the Built for BlackBerry Program.  Once the app has been developed and approved, they will be judged by a judging panel for a chance to win a prize.  The terms of the RIME Store Vendor Agreement (“Vendor Agreement”) and the Program Agreement for the Built for BlackBerry Program (“BFB Program Agreement”) apply equally to all participants.

2. COMPETITION PERIOD:  The Competition will begin at 08:00 am Eastern Time (“ET”) on September 10th, 2013 and will end at 11:59:59 pm ET on October 18, 2013 (“Competition Period”).  Note that because BlackBerry World approval must be obtained prior to submitting for Built for BlackBerry approval, Sponsors recommend that apps be submitted to BlackBerry World by October 11, 2013 which will allow seven (7) days for review and approval in order to submit to Built for BlackBerry approval by October 18, 2013.

3. ELIGIBILITY:  The Competition is open to those who, at the time of participation, (a) are legal residents of Canada (excluding Quebec) or of the 50 United States (including the District of Columbia; excluding Puerto Rico and all U.S. territories and possessions); (b) are 18 years of age or older; and, (c) qualify as a vendor (“Vendor”) under the terms of the Vendor Agreement.  The Competition is void in Quebec, Puerto Rico, U.S. territories and possessions and where prohibited or restricted by law. Participants under the age of majority in their jurisdiction of permanent legal residence must have their parent or legal guardian sign any required documents on their behalf. Eligible participants in this Competition are referred to herein as Vendors.

Employees, contractors, directors and officers of Sponsors and their parents, affiliates, subsidiaries 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. Your app is not eligible if you have submitted it to any of the following programs:   2013 BlackBerry LE Incentive Program, the BlackBerry Jam Starter Session and Rewards Program or the Built for BlackBerry Onboard Program.

4. HOW TO PARTICIPATE:  To participate, visit http://gomodev.com/blackberry-contest-submission/ (“Website”).  Follow the instructions on the Website to complete the registration form.  Develop a new application for the BlackBerry 10 OS and have it approved by BlackBerry World and BFB (“App”)Click here to review the terms of the BFB Program Agreement. Apps must not (a) have already been submitted to BlackBerry World as a BlackBerry 10 app or otherwise approved by BlackBerry World prior to start of the Competition Period; (b) contain a web launcher or shortcut; (c) contain a web browser; or (d) be an app that provides a simple single function such as playing a noise or displaying a graphic (“Excluded App”).  To be eligible for judging, your App must be posted on BlackBerry World with its BFB designation on or before October 26, 2013.   Note that because BlackBerry World approval must be obtained prior to submitting for Built for BlackBerry approval, Sponsors recommend that apps be submitted to BlackBerry World by October 11, 2013 which will allow seven (7) days for review and approval in order to submit to Built for BlackBerry approval by October 18, 2013.  Any Apps that do not meet this timeline or are considered an Excluded App are not eligible.  You may submit as many unique Apps as you wish but duplicates are not permitted.  A free and paid version of the same App counts as one (1) App and multiple languages of the same App also count as one (1) App.  Sponsors reserve the right to refuse to accept Apps that are substantially similar by any Vendor.

5. JUDGING:  A panel of judges selected by Sponsors (“Judging Panel”) will begin judging on or around October 28, 2013.  Apps will be judged based on the following criteria:  35% use of BlackBerry specific tools; 25% user interface; 25% functionality and 15% creativity (“Judging Criteria”).  Selected Vendors will be notified on or before November 1, 2013 via email.  Once winners have been confirmed, the results will be announced on October 30th, 2013 on http://gomodev.com/blog/.  Decisions of Sponsors or its authorized representatives are final and binding, without right of appeal, in all matters relating to the Competition. Odds of winning a prize depend on the number of eligible entries and how well the entries are rated by the Judging Panel against the Judging Criteria.

If any Vendor is found to be ineligible or not in compliance with these Official Terms and Conditions, they will be disqualified, his/her Prize may be forfeited and may be awarded to an alternate Vendor.  Vendors may be required to complete, sign and return an Affidavit of Eligibility/Liability Release and, where lawful, a Publicity Release within the time specified by Sponsors, or Prize will be forfeited.  Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Vendors.

6. PRIZES: There are 3 prizes available to be won as outlined below:

 
Number Available
Prize Description
First Prize1$3,500
Second Prize1$1,000
Third Prize1$500

Prizes will be awarded based on the rating of the Judging Panel.  All prize values are represented in US dollars.  The total value of all prizes available to be won is $5,000US.

Prizes are not transferable and must be accepted as awarded with no substitutions except at Sponsors’ sole discretion.  Sponsors reserve the right to substitute a prize of equivalent monetary value if a prize cannot be awarded as described. Vendor 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.  Sponsors are not liable for any tax implications arising from the Prize or the Competition.  Limit one (1) Prize per Vendor and per Person.

GENERAL TERMS

7. INTERNET: Sponsors are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled information or emails or for any incorrect or inaccurate information displayed on the Website whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Competition or by any technical or human error or fraud, which may occur in the processing of the Apps. Sponsors 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.  Sponsors are not responsible for any errors whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to, or in connection with, the Competition including, without limitation, errors or difficulties which may occur in connection with the administration of the Competition, the processing of Apps or in any Competition-related materials. Sponsors reserve the right at their sole discretion, to disqualify any individual and void his or her Apps, who tampers with the Submission process.

8. RIGHT TO CANCEL, TERMINATE, MODIFY OR SUSPEND: If for any reason any aspect of this Competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the control of Sponsors, subject to applicable laws, Sponsors may in its sole discretion cancel, terminate, modify or suspend the Competition. In the event the Competition is cancelled or terminated, Participant will not be entitled to any compensation from Sponsors or any other party as a result.

9. PRIVACY: Please see Sponsors’ Privacy Policy located at http://us.blackberry.com/legal/privacy-policy.html for details regarding the use of personal information collected in connection with this Competition.  By participating, applicants agree to the collection and use of their personal information for the purposes of administrating Competition and awarding the Prizes and as stated in the Sponsors’ Privacy Policy.  Except where prohibited by law, each Participant grants (and agrees to confirm this grant in writing, if requested) permission for Sponsors and those acting under their authority to use his/her name, photograph, biographical information, voice and/or likeness for advertising and/or publicity purposes related to the Competition in any and all media now known or hereinafter invented or developed without territorial and without additional compensation, notification or permission, in perpetuity.

10. RELEASE: By entering, and to the extent permitted by applicable laws, Participants agree: (a) to release Sponsors and any third party retained by or on behalf of Sponsors for the purposes of executing and administering the Competition and each of their respective parents, affiliates, subsidiaries, retailers, distributors, sales representatives, distributors, advertising, promotion and judging agencies and all other service agencies and providers involved with this Competition and each of their officers, directors, employees and agents (collectively, “Released Parties”) from any and all liability, loss or damage incurred with respect to their participation in the Competition and the awarding, receipt, possession, and/or use or misuse of any Prize, except to the extent that such liability cannot be excluded by law; and, (b) that under no circumstances will they be permitted to obtain awards for, and they hereby waive all rights to claim, any punitive, incidental, consequential or other damages including, but not limited to attorneys’ fees or other court costs, other than for actual out-of-pocket expenses.

Any waiver of any obligation hereunder by Sponsors does not constitute a general waiver of any obligation to Participants.  By participating in the Competition, you agree that your participation is gratuitous and made without restriction and will not place Sponsors under any obligation. You acknowledge that, Sponsors do not waive any rights to use similar or related ideas previously known to Sponsors, or developed by its employees or contractors or obtained from other Participants or sources other than you.

11. GOVERNING LAW: This Competition is governed by, subject to and is to be interpreted, construed and enforced in accordance with the laws of Ontario, Canada without regard to conflict of law principles.  Any dispute under these Official Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts 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 Ontario.  You further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Official Terms and Conditions.

Any provision in these Official Terms and Conditions 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.

12. SPONSORS:  The Sponsors of the Competition are BlackBerry Limited 295 Phillip Street, Waterloo, ON Canada N2L 3W8 and Modev Networks LLC 1616 Anderson Rd.  Mclean VA 22102

© 2013 BlackBerry. All rights reserved. BlackBerry® and related trademarks, names and logos are the property of BlackBerry Limited and are registered and/or used in the U.S. and countries around the world.

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