BUILT FOR BLACKBERRY LE INCENTIVE PROGRAM (“Program”)
OFFICIAL 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 REWARD. THIS PROGRAM IS SUBJECT TO FEDERAL, PROVINCIAL, STATE AND LOCAL LAWS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PROGRAM IS SPONSORED BY BLACKBERRY LIMITED (“SPONSOR”). BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
PROGRAM OVERVIEW: This Program is designed to reward eligible developers who develop an app for the BlackBerry 10 OS that is approved by BlackBerry World and under the Built for BlackBerry Program (“App”). The terms of the RIME Store Vendor Agreement (“Vendor Agreement”) and the Program Agreement for the Built for BlackBerry Program (“Program Agreement”) apply equally to all participants.
PROGRAM DATES: The Program will open at 12:00:01 pm Eastern Time (“ET”) on August 27, 2013 (“Program Launch”). Apps must be submitted to the Built for BlackBerry Program by 11:59:59 pm ET on October 21, 2013 (“Submission Deadline”). Note that because BlackBerry World approval must be obtained prior to submitting for Built for BlackBerry approval, Sponsor recommends that apps be submitted to BlackBerry World by 11:59:59 pm ET on October 11, 2013 which will allow ten (10) days for BlackBerry World review and approval in order to submit to Built for BlackBerry approval by the Submission Deadline. Built for BlackBerry testing will take approximately ten (10) days. Rejected Apps that have been fixed must be resubmitted by November 30, 2013 (“Resubmission Deadline”). Resubmissions are permitted subject to Section 5.
ELIGIBILITY: The Program is open to those who, at the time of participation, (a) are 18 years of age or older; (b) qualify as a vendor ("Vendor") under the terms of the Vendor Agreement and, (c) do not reside in a Prohibited Country as outlined below. The Program is void where prohibited or restricted by law. Vendors 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 Program are referred to herein as Vendors. Your app is not eligible if you have submitted it to any of the following programs: Built for BlackBerry Onboard Program, BlackBerry Jam Starter Session and Rewards Program or the Modev and BlackBerry Built for BlackBerry Competition.
Employees, contractors, directors and officers of Sponsor 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.
If you reside in any of the following countries (“Prohibited Countries”) we are unable to ship you a Reward due to local shipping regulations:
- Korea - North
Additionally, if you reside in any of the following countries (“Restricted Countries”) local shipping regulations may require you to take additional steps via your local telecommunications department or other regulatory authority to receive your Reward:
- Macedonia (former Yugoslav Republic)
- Saudi Arabia
- Sri Lanka
HOW TO PARTICIPATE: Visit http://developer.blackberry.com/builtforblackberry/documentation/lebfbincentive.html to register your participation. Develop a new App and have it approved by BlackBerry World and Built for BlackBerry. Apps must be submitted to Built for BlackBerry by the Submission Deadline. If you are one of the first 250 Vendors to have your app Built for BlackBerry approved, you may be eligible for a Reward. Apps must be submitted by the Submission Deadline to be eligible. Note that BlackBerry World approval must be obtained prior to submitting for Built for BlackBerry approval. Sponsor recommends that you submit your App to BlackBerry World by October 11, 2013 which will allow ten (10) days for review and approval in order to submit to Built for BlackBerry approval by the Submission Deadline.
Only the first 500 Apps submitted for Built for BlackBerry approval will be evaluated under this Program, which will be based on the date and time the App was submitted for Built for BlackBerry approval. Apps that are submitted and rejected can be resubmitted up to two (2) times as per the Program Agreement. If the initial App submission was one of the first 500 Apps to be submitted, any subsequent resubmissions of the same App will not be considered a “new” submission and will be considered one of the first 500 Apps. Sponsor reserves the right to extend or re-run the Program if out of those 500 submissions, not all 250 Rewards are distributed. In such event, Sponsor will post a notice at http://developer.blackberry.com/builtforblackberry/.
To be eligible for a Reward, the App must (a) comply with these Terms and Conditions; (b) comply with the Vendor Agreement; (c) have been approved by BlackBerry World; (d) have received Built for BlackBerry approval; and, (e) be posted on BlackBerry World with its Built for BlackBerry designation.
Apps must not have already been submitted to BlackBerry World or otherwise approved by BlackBerry World prior to Program Launch. Additionally, as per the Program Agreement, the following will not be accepted under this Program: (a) an app developed using a tool or template that automatically produces a significant portion of the features and functionality and that creates the same look and feel as Apps previously submitted by a Vendor; (b) ported Android apps; and, (c) an app that launches a web page (collectively, “Excluded Apps”). The Built for BlackBerry Submission Portal server will be the official time clock for this Program.
Any Apps that are not submitted by the Submission Deadline or are considered an Excluded App are not eligible. Each of the following will be considered one (1) App for the purposes of this Program: (a) A free and paid version of the same App; and, (b) multiple languages of the same App.
Sponsor reserve the right to refuse to accept Apps that (a) are substantially similar between any Vendors; and, (b) it believes, in its sole and absolute discretion will not be in reasonable demand in BlackBerry World. Apps will be reviewed by a representative of the Sponsor to confirm eligibility. Decisions of Sponsor are final and binding, without right of appeal, in all matters relating to the Program. You may submit as many unique Apps as you wish but duplicates are not permitted.
APP EVALUATION: Apps will be evaluated by Sponsor Built for BlackBerry testing team by approximately October 31, 2013. Vendors will be sent an email communication indicating the status of their App submission. Vendors can also check the status of their App via the new Built for BlackBerry submission process at http://developer.blackberry.com/builtforblackberry/. If the App was not approved, Vendor will be permitted to fix the App and resubmit it up to two (2) more times. All resubmissions must be submitted by the Resubmission Deadline to be eligible. Once all Apps have been evaluated (including initial submissions and re-submissions) an email communication will be sent to those eligible Vendors to notify them that they are eligible for a Reward. Odds of receiving a Reward depend on the likelihood of developing one of the first 250 Apps that receives Built for BlackBerry approval.
If any Vendor is found to be ineligible or not in compliance with these Terms and Conditions, they will be disqualified, his/her Reward 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 Sponsor, or Reward will be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Vendors.
Vendors eligible for a Reward will be notified by email with redemption instructions. If any Vendor is found to be ineligible or not in compliance with these Terms and Conditions, if any Reward notification or Reward is returned as undeliverable or if a Vendor cannot be contacted within fourteen (14) days of the first attempt, they will be disqualified, his/her Reward will be forfeited.
REWARDS: There are 250 red BlackBerry 10 Limited Edition Devices available for distribution under this Program (each, a “Reward”). Each eligible Vendor will receive one (1) Reward. There is a limit of one (1) Reward per Vendor and per person. Activation, airtime, service, accessories and any other costs not specifically identified as included in the Reward are the responsibility of the Vendor. Sponsor is not responsible for any third-party products or services you may use with the Reward.
Rewards 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 Reward of equal or greater monetary value if a Reward, or any portion thereof, cannot be awarded or delivered for any reason. Please allow 4 - 6 weeks for delivery. Vendor is solely responsible for all applicable federal, provincial/state and local taxes and all other costs and expenses associated with the Reward not specified herein as being included. Sponsor is not liable for any tax implications arising from the Reward or Program.
INTERNET: Sponsor 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 Program or by any technical or human error or fraud, which may occur in the processing of the Apps. Sponsor 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. Sponsor are not responsible for any errors whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to, or in connection with, the Program including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the processing of Apps or in any Program-related materials. Sponsor reserve the right at their sole discretion, to disqualify any individual and void his or her Apps, who tampers with the Submission process.
RIGHT TO CANCEL, TERMINATE, MODIFY OR SUSPEND: If for any reason any aspect of this Program 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 Sponsor, subject to applicable laws, Sponsor may in its sole discretion cancel, terminate, modify or suspend the Program. In the event the Program is cancelled or terminated, Vendor will not be entitled to any compensation from Sponsor or any other party as a result.
RELEASE: By entering, and to the extent permitted by applicable laws, Vendors agree: (a) to release Sponsor and any third party retained by or on behalf of Sponsor for the purposes of executing and administering the Program 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 Program 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 Program 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 Sponsor does not constitute a general waiver of any obligation to Vendors. By participating in the Program, you agree that your participation is gratuitous and made without restriction and will not place Sponsor under any obligation. You acknowledge that, Sponsor do 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 Vendors or sources other than you.
GOVERNING LAW: This Program 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.
SPONSOR: The Sponsor of the Program is BlackBerry Limited 295 Phillip Street, Waterloo, ON Canada N2L 3W8.
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