$10k Developer Commitment

Terms and Conditions

THIS OFFER IS CONTINGENT ON SUCCESSFULLY OBTAINING A “BUILT FOR BLACKBERRY” DESIGNATION ON YOUR ELIGIBLE APP. PARTICIPANTS OF THIS OFFER MUST FAMILIARIZE THEMSELVES WITH THE TERMS AND CONDITIONS OF THE BUILT FOR BLACKBERRY PROGRAM BEFORE PARTICIPATING IN THIS OFFER. THE PROVISIONS OF THE BUILT FOR BLACKBERRY PROGRAM ALSO APPLY TO THIS OFFER. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE.

  1. THE OFFER: As part of our commitment to developers, the intent of the BlackBerry World $10k Developer Commitment (“Offer”) is to help motivate and reward Participants (as defined below) that develop quality BlackBerry 10 OS applications that have been approved through the new Built for BlackBerry Program (“BFB” or “BFB Program”).

  2. SPONSOR: The sponsor of this Offer is Research In Motion Limited, 295 Phillip Street, Waterloo, Ontario, Canada N2L 3W8 (“Sponsor”).

  3. BINDING AGREEMENT: To participate in this Offer, you must read and agree to comply with these Terms and Conditions (“Terms”) by clicking the “I agree” box under the “Manage Product” menu in the BlackBerry World Vendor Portal. Acceptance of a complete and valid registration by Sponsor will form a binding legal agreement between the Participant and Sponsor. A Participant is not permitted to participate in the Offer and is not eligible to receive any Payout (as defined herein) unless the Participant has agreed to the Terms.

  4. ELIGIBILITY: Any registered BlackBerry World Vendor that has accepted and agreed to the BlackBerry World Vendor Agreement (“Vendor Agreement”) and is not in violation of its terms at the time of registration is eligible to participate (a “Participant” and collectively as “Participants”). Any subsequent violation of the Vendor Agreement may result in a Participants’ disqualification from the Offer. See Section 10 for details on disqualification.

    Employees and directors of Sponsor, its parents, affiliates and subsidiaries and members of their household are not eligible to participate. Offer is subject to all applicable federal, state, provincial and local laws. Void where prohibited by law. By participating in this Offer, Participant agrees to abide by these Terms and the decisions of Sponsor, which shall be final and binding on all matters relating to the Offer.

  5. HOW TO PARTICIPATE To participate, visit http://developer.blackberry.com/builtforblackberry/documentation/getting_started.html (“Website”). Follow the instructions to develop an application for the BlackBerry 10 operating system (”App”). Apps must meet the criteria outlined below in Section 6 (“Criteria”) and must have received both BlackBerry World (“BBAW”) approval (“BBAW Approval”) and BFB Program approval (“BFB Approval”). BBAW Approval must be obtained prior to submitting for BFB Approval. Please allow up to ten (10) days for each approval process. Once BBAW Approval has been obtained, visit the Website and follow the instructions to submit the App for BFB Approval and to the Offer. After having received BFB Approval, the App will be considered to have a BFB Designation (“BFB Designation”). BBAW Approved Apps must be submitted for BFB Approval by 8:00pm ET on January 21, 2013 (“Offer Submission Deadline”). To ensure that your App has been through the BBAW Approval process in time to meet the Offer Submission Deadline, it is strongly recommended that Apps be submitted for BBAW Approval no later than 8:00pm Eastern Time (“ET”) on January 11, 2013 (“Recommended BBAW Submission Deadline”). Any Apps submitted for BBAW Approval after the Recommended BBAW Submission Deadline may not be approved in time to meet the Offer Submission Deadline. In such a case, Sponsor will not be responsible if a Participant is not eligible to participate in the Offer. Sponsor reserves the right to extend these deadlines and, in such a case, will place a notice on the Website. To be eligible, Apps must have received all necessary approvals by the date of the launch of BlackBerry 10 (“Launch Date”). The Launch Date will be confirmed by Sponsor and, once available; will be posted on the Website.

    Rejected Apps: If an App is not approved through the BFB Program, as per the BFB Program Terms and Conditions, a Participant will be permitted to re-submit their App a maximum of two (2) more times (“Resubmission”). Resubmissions should be submitted as early as possible for the best opportunity to receive BFB Approval prior to Launch Date. Sponsor agrees to accept Resubmissions after the Offer Submission Deadline so long as they are submitted before the Launch Date. Sponsor will make best efforts to expedite the approval process to get the App BFB Approved as quickly as possible; however, Sponsor cannot guarantee that such approval will occur prior to the Launch Date. In such a case, Participant agrees that it will not be entitled to any remedy or compensation as a result. Sponsor will not be responsible for any delays or missed deadlines.

    UPGRADES: As per the BFB Program Agreement, Apps must be upgraded to be compatible with any new BlackBerry devices and operating systems (together, the “New Systems”) that become available. New Systems will be announced on the Website. If New Systems become available, VENDORs will be required to upgrade their App to comply with the New Systems (“Upgrades”). Upgrades must be submitted for Evaluation within ninety (90) days of the launch of the New System. If an Upgrade does not receive BFB Approval after its first submission, VENDOR will be permitted to fix it and re-submit that Upgrade up to two (2) more times. All Upgrades must have received BFB Approval within 120 days of the launch of the New System or the BFB Designation will be revoked. Allow up to ten (10) days for Upgrade approval. If VENDORs do not upgrade the Apps to the New Systems in a manner which is satisfactory to RIM, BFB Designation will be revoked.

    RESUBMISSIONS: Submissions of Rejected Apps that have been fixed and Upgrades are considered “Resubmissions”. The BBAW Approval and BFB Approval for Resubmissions will occur together, the BBAW Approval process occurring first with the BFB Approval process occurring immediately after, so long as BBAW Approval has been obtained. If Resubmissions do not receive BBAW Approval and BFB Approval within the timelines outlined herein, the Participant will be notified and they will no longer be eligible for the Offer.

    For more information on attaining BBAW approval, see the BlackBerry World Vendor Guidelines and the BBAW Vetting Criteria. Only those Apps that meet the Criteria, deadlines and that have gone through the process outlined herein, will be eligible for a Payout (as defined below) under the Offer. Participants may submit as many Apps as they like, however each Participant will only be eligible for one (1) Payout under this Offer. Apps and all accompanying submissions to participate in this Offer are referred to herein collectively as a “Submission”.

  6. CRITERIA: To be eligible for a Payout (as defined below), all of the following Criteria must be met:

    1. App must have received BBAW Approval;

    2. App must have received BFB Approval and, subsequently, BFB Designation (see BFB Program Terms and Conditions);

    3. App must be available for sale on BBAW on the Launch Date;

    4. App must remain available for sale on BBAW for a period of 12 consecutive months beginning on the Launch Date and ending after one (1) calendar year (“Sale Period”); (Sponsor will display Sale Period on the Website once all dates have been confirmed);

    5. App must maintain its BFB Designation throughout the Sale Period;

    6. App must achieve a minimum of One Thousand ($1,000) in Total Earnings throughout the Sale Period;

    7. App must have at least 100 unique downloads; and,

    8. App must not be funded by RIM either in whole or in part (For the purposes of the Terms, “funded by RIM” means hired by RIM to develop or paid for by RIM in whole or in part.)

    For the purposes of these Terms “Earns”, “Earnings”, “Earned”, refers to the amount that consumers pay for both paid downloads and in-app payments using BlackBerry Payment Service less any refunds and less applicable taxes included in the amount consumers pay, multiplied by the proportion of sales owing to the Vendor as defined by the Vendor Agreement. Cumulative earnings for any given App at the end of the Sale Period are referred to herein as “Total Earnings”. Any revenue derived by advertising within an application is excluded and will not be factored into the Total Earnings calculation. Because withholding taxes and other fees are not included in the calculation to determine Earnings, as defined herein, Participants may notice a discrepancy between their net earnings and the Earnings as calculated for the purposes of this Offer. For internal reporting and calculation purposes, the Offer must be calculated based on Earnings as defined herein.

    A unique download is the first purchase of an App by a BlackBerry ID. Additional purchases of the same App with the same BlackBerry ID account will not be counted toward Total Earnings.

    It is the Participants responsibility to ensure they have read and understand the BFB Program Terms and Conditions, including, but not limited to, Section 6 (Upgrades) and Section 8 (Revocation of Designation). Participants must keep in mind that Offer Funds (as defined below) are limited and will be distributed in a ranked order as outlined in Section 7.

  7. PAYOUT: Participants who have complied with the Terms, and have achieved a minimum of $1,000 and not more than $10,000 in Total Earnings during the Sale Period will be eligible for a payout (“Payout”) in the amount of $10,000 less their Total Earnings. Payouts will be made within 120 days after the end of the Sale Period and will be made in the same manner as outlined in the Vendor Agreement. Payment will be made by Sponsor or by one of its subsidiaries or assigns on Sponsor’s behalf. A maximum of $10,000,000 is available for distribution under the Offer (“Offer Funds”). Offer Funds will be distributed to Participants in ranked order based upon the date that each App reached $1,000 in Total Earnings. For clarity, an App that reached $1,000 in Total Earnings by April 1, 2013, will be eligible for a Payout before an App that reached $1,000 in Total Earnings by April 2, 2013. Payouts will be distributed on this basis until all eligible Apps have received a Payout or until the Offer Funds have been depleted, whichever comes first. For those Participants who have submitted more than one (1) App under this Offer, any Payout to which they may be entitled will be based on their App that earns $1,000 in Total Earnings first. However, if that App earns more than $10,000 in Total Earnings, any Payout to which the Participant may be entitled will be based on their next App to earn $1,000 in Total Earnings. This process will continue on a similar rolling basis of each Participant’s eligible Apps. For those Participants who have submitted more than one (1) App under this Offer, Earnings will be calculated on each eligible App individually. Total Earnings cannot consist of a combination of Earnings of more than one (1) App. There is a limit of one (1) Payout per Participant. The maximum Payout to any Participant is $9,000. Payouts are non-transferable and no substitution of Payout is offered, except at the sole discretion of the Sponsor.

    The Payout will be issued to the Participant and under no circumstances will the Payout be issued to any other individual, partnership or corporation. If Payouts are made to individuals in their capacity as employees of partnerships or corporations, Payout (defined below) fulfillment is subject to the entity’s (with whom the individual is affiliated) internal policies. It is the Participant entity’s sole and ultimate responsibility to determine how and if any Payout will be distributed or retained internally and Sponsor assumes no responsibility for the decisions made by such Participant entity regarding internal Payout distribution. Participant is responsible for all taxes and all other costs or expenses that may be associated with receiving a Payout. Where applicable, for tax reporting purposes, Participants may be required to provide Sponsor with a valid social security number or other relevant tax identification number before the Payout will be awarded. Participants residing in the U.S. will be issued an IRS 1099 form for the amount of the Payout. Unclaimed Payouts will not be awarded. By participating, Participants agree to these Terms and Conditions, which are final and binding in all respects.

  8. NOTIFICATIONS: A Participant’s contact information as displayed in the BBAW Vendor Portal (“Vendor Portal”) will be used for correspondence. Participants are responsible for keeping their contact information current in the Vendor Portal. If a Participant that is entitled to a Payout cannot be reached for sixty (60) days, or does not respond to Sponsor within sixty (60) days of the end of the Sale Period, the Payout will be forfeited. Participants may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within 14 days of receipt of Release documents or Payout may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Participants.

  9. SALES MUST BE GENUINE: Any App purchases made through fraudulent or other means including, without limitation, the use of illegitimate accounts, multiple generated names or email addresses and/or any other mechanism, including but not limited to script, macro, robotic, automatic, mechanical, programmed or similar duplication method, for the purposes of generating ‘sales’ or ‘unique downloads’ as determined by Sponsor in its sole discretion, will not be calculated as part of the Total Earnings. In such a case, or if Participant has otherwise attempted to circumvent the processes and intent of this Offer, Participant’s continued participation in the Offer may, at Sponsor’s sole discretion, be refused and, in such a case, the Participant will not be eligible for any Payout.

  10. DISQUALIFICATION: By participating in this Offer, Participant agrees that all information provided to Sponsor is true and accurate and that Participant has the authority to submit the App for the Offer. Sponsor reserves the right at its sole discretion, to disqualify any Participant and void Participant’s Submission if Participant tampers with the entry or Submission process. A Participant found tampering with or abusing any aspect of this Offer, or undermining the intent of this Offer, as solely determined by Sponsor, will be disqualified and ineligible for the Payout.

  11. INTERNET: Sponsor is not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Submissions or emails or for any incorrect or inaccurate Participant information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Offer or by any technical or human error or fraud, which may occur in the processing or approval of Submissions. Sponsor is 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 is not responsible for any errors whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to, or in connection with, the Offer including, without limitation, errors or difficulties which may occur in connection with the administration of the Offer, the processing or evaluating of Submissions, views, postings and/or shares (as applicable), the announcement of the Payouts, or in any Offer-related materials.

  12. RIGHT TO CANCEL, TERMINATE, MODIFY OR SUSPEND: If for any reason any aspect of this Offer is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised 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 Offer, or invalidate any affected Submissions. In the event of such an occurrence Sponsor may post a notice on the Community Page of the Website and/or email Participants directly.

  13. PRIVACY: Please see Sponsor’s Privacy Policy for details regarding the use of personal information collected in connection with this Offer. By participating, Participants agree to the collection and use of their personal information for the purposes of administrating this Offer and awarding the Payouts. Except where prohibited by law, each Participant grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use Participant’s name, photograph, biographical information, voice and/or likeness for advertising and/or publicity purposes in any and all media now known or hereinafter invented or developed without regional restrictions and without additional compensation, notification or permission, in perpetuity.

  14. RELEASE: By participating in this Offer, and to the extent permitted by applicable laws, Participant agrees: (a) to release Sponsor and any third party retained by or on behalf of Sponsor for the purposes of executing and administering the Offer and each of their respective parents, affiliates, subsidiaries, retailers, distributors, sales representatives, distributors, advertising and any other service agencies and providers involved with this Offer 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 Offer and the awarding, receipt, possession, and/or use or misuse of any Payouts; 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 Participants.

General Terms

  1. GOVERNING LAW: This Offer is governed by, subject to and is to be interpreted, construed and enforced in accordance with the laws of the Province of Ontario, Canada without regard to conflict of law principles. 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, subject to Section 17 below, consent to the jurisdiction of the courts of the Province of Ontario, Canada. You further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising from or relating to the Terms.

  2. Any provision in the Terms that 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.

  3. ARBITRATION: Any dispute, controversy or claim arising out of or relating to this Offer shall be finally settled by binding arbitration in Toronto, Canada before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply the laws of the Province of Ontario law consistent with the Arbitration Act or the International Commercial Arbitration Act, where applicable, and applicable statutes of limitations, and shall honour claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS OFFER IF YOU DO NOT AGREE TO HAVE ANY DISPUTE, CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS.

  4. NO CLASS ACTION: By participating in the Offer, each Participant agrees that to the extent permitted by applicable law: (1) any and all disputes, claims, controversies and causes of action arising out of or connected with the Offer or any Payout granted hereunder will be resolved individually through binding arbitration as set forth above, without resort to any form of class action; (2) any and all claims, judgments, awards and payouts will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys' fees be awarded or recoverable; (3) under no circumstances will any Participant be permitted to obtain any payout for, and Participant hereby knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out of pocket expenses), and/or any rights to have damages multiplied or otherwise increased; and (4) Participant's remedies are limited to a claim for money damages (if any) and Participant irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Participant.

  5. CURRENCY: All references to currency in the Terms are a reference to US dollars.

  6. CONTACT: If you have any questions about this Offer, please contact BlackBerry World Support.