Participants agree to be bound by these Terms and Conditions, which apply to the BLACKBERRY® 10 DEV ALPHA DEVICE TRADE-UP OFFER (“Offer”) during the Offer Period. By participating in the Offer, Participants are deemed to have accepted these Terms and Conditions and any applicable Offer notices posted at (“Offer Website”). For clarity, these Terms and Conditions shall have priority over any inconsistent terms in any applicable Offer notices or abbreviated terms. Offer void where prohibited by law.
1. Offer Period. Offer is open between 12:00:01 a.m. Eastern Time (“ET”) on November 29, 2012 and 11:59:59 p.m. ET on January 21, 2013 (“Offer Period”). Research In Motion Limited (“Sponsor”) reserves the right to extend the Offer Period at any time in its sole discretion and will post a notice of such change on the Offer Website.
2. How to Participate.
2.1 Offer is open to any registered BlackBerry World Developer who has received a BlackBerry 10 Dev Alpha device (“Alpha Device”) from Sponsor and has signed the BlackBerry 10 Dev Alpha Device and Software License Agreement (“Agreement”) in conjunction with that Alpha Device. Only those meeting these criteria are eligible to participate (each, a “Participant”).
2.2 To participate in the Offer, Participants must visit the Offer Website to register and then follow the instructions to:
2.3 Sponsor will review and evaluate the Application. If the Application: (i) complies with the BlackBerry World Vendor Guidelines (“Guidelines”) available at https://appworld.blackberry.com/isvportal/guidelines.do; (ii) complies with these Terms and Conditions; (iii) is not an Excluded Application; and, (iv) is an application that the Sponsor believes, in its sole and absolute discretion, will be in reasonable demand on the BlackBerry World storefront, it will qualify for the Offer. Only those Applications that meet these criteria will be eligible.
2.4 Each Participant who submits an eligible Application and returns the Alpha Device, as required, will receive one (1) Limited Edition BlackBerry 10 device (“Device”), subject to the notification and delivery conditions below.
2.5 Participants may submit as many Applications as they wish during the Offer Period; however, there is a limit of one (1) Device per Participant. Applications must be submitted using the Vendor Portal by the end of the Offer Period to be considered for the Offer. Applications initially submitted after the end of the Offer Period will not be eligible. Participants will be permitted to resubmit their Application one (1) time if it is not approved by BBAW. Any such resubmission must be submitted to the Vendor Portal by 11:59:59 pm ET on February 28th, 2013. Sponsor reserves the right to extend this deadline at its sole discretion and, in such a case, will advise the participants directly by email or by posting a notice on the Website. Proof of submission does not constitute proof of receipt. The Sponsor's server will be the official time clock for this Program.
2.6 Participants who do not return Alpha Devices as instructed by Sponsor will not be eligible for this Offer.
2.7 There are a total of 12,000 Devices available for distribution under this Offer and they will be distributed while supplies last on a first come first served basis.
3. Application Criteria.
3.1 Applications must provide a functionality that is considered useful to the end user, as determined by Sponsor, in its sole and absolute discretion. However, the following categories of applications are specifically excluded from eligibility for the Offer:
3.2 For the purposes of the Offer, if the Sponsor feels that the number of Applications in any given category appears to be excessive, the Sponsor, in its sole and absolute discretion, reserves the right to refuse to consider any further Applications submitted in that category.
4. Notification and Prize Distribution.
4.1 Sponsor will notify Participants by email using the email address provided upon initial registration at Vendor Portal.
4.2 If, for any reason, the Participant cannot be reached using the email address provided within twenty (20) business days after the initial email is sent, Participant's entitlement to a Device will be forfeited.
4.3 Devices will be sent by courier to each Participant to the address provided during initial registration at the Vendor Portal following the commercial availability to the public of the Device in the Participant's country of residence. Delivery time is subject to Device availability and may be delayed due to high demand and timing of product launch. Participants are responsible for all federal, state or local taxes, tariffs, import duty fees, and any other costs or expenses that may be associated with receipt of the Device.
4.4 Sponsor shall not be responsible for returned, lost, delayed, misdirected or otherwise undeliverable email or Devices.
5. General Conditions.
5.1 Participant Representations, Warranties and Covenants. Participant hereby represents, warrants and covenants to Sponsor that: (a) Participant is the owner or distributor of the Application and has all rights necessary to make the Application available through the BlackBerry World storefront; and (b) to the best of Participant's knowledge, the Application does not infringe the rights, including without limitation the intellectual property rights, of any third parties.
5.2. Indemnification. Participant shall indemnify, hold harmless, and if requested by Sponsor, defend, Sponsor, its affiliates, agents, successors and assigns and their respective directors, officers, employees and independent contractors (each a “Sponsor Indemnified Party”) from any costs, damages, losses, settlement fees, and expenses (including without limitation attorney fees and disbursements) incurred directly or indirectly by a Sponsor Indemnified Party as a result of Participant's breach of these Terms and Conditions and/or as a result of any third party claim, suit, judgment, settlement, or cause of action alleging the infringement, violation or misappropriation of any intellectual property right, including a patent, design, industrial design, copyright, trade secret or trademark or other proprietary right, by the Application or the use or distribution thereof, or the combination of the Application with any other hardware, software, system, or service.
5.3 Eligibility. The eligibility of any Application for the purposes of this Offer is at the sole and absolute discretion of the Sponsor. Employees, contractors, directors and officers of Sponsor, its parent companies, affiliates, and subsidiaries are not eligible for the Offer.
5.4 Limitation of Liability - General. By participating in this Offer, Participants agree, to the maximum extent permitted by applicable laws, to release and hold Sponsor and its parent companies, affiliates, subsidiaries, officers, directors, agents, representatives and employees (collectively, “Released Parties”), harmless from any and all liability whatsoever for any injuries, losses or damages of any kind arising from participation in or in connection with the Offer, including, without limitations, acceptance, receipt, possession, use and/or misuse of the Device received herein. The above limitation of liability shall not apply to death or bodily injury caused as a result of Sponsor's negligence.
5.5 Limitation of Liability - Offer Operation. All applicable federal, state, provincial and local laws apply. By participating in the Offer, and to the maximum extent permitted by applicable laws, Participants release and discharge Released Parties from any and all liability resulting from: (i) late, lost, delayed, stolen, misdirected, unreadable, incorrect, inaccurate, garbled, unintelligible or postage due communications, including without limitation, Applications and entry submission information, regardless of the method of transmission, including the failure to send a Notification email and/or shipping of Device to Participant; whether caused by users of any website associated with this Offer, or by any of the equipment or programming associated with or utilized in the Offer; (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on any website related to the Offer, or for communications line failure, theft or destruction, tampering, or unauthorized access to registration information; (iii) for printing, human, typographical or other errors in any Offer material or the administration of the Offer; and (iv) any computer, software, website or electronic defect, error or failure regardless of reason.
5.6 Internet. Released Parties 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. Released Parties are 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 evaluations of Applications, the announcement of the Participants or any Offer-related materials.
5.7 Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any Participant it finds to be tampering with the operation of the Offer, the Vendor Portal, BlackBerry World or any other website related to the Offer; to be acting in violation of the Terms and Conditions; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any person participating in or connected with Offer. Any attempt by any Participant to obtain more than the stated number of Devices by using multiple or different identities, or any other method that is not specifically outlined as acceptable or does not comply with these Terms and Conditions, will void that Participant's eligibility and that Participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. The Sponsor's server shall be the official time stamp for the purposes of determining the validity of Application submissions.
5.8 Modification. The Sponsor reserves the right to modify, terminate or suspend the Offer in whole or in part, in its sole discretion in the event of a computer virus, computer bug, unauthorized human intervention, fraud, technical or other failure, or any other cause or act beyond the control of the Sponsor that could affect the administration, operation, security, integrity, fairness and/or proper conduct of the Offer. In the event of such an occurrence the Sponsor will post a notice at the Offer Website.
5.9 Acceptance and Substitution of Devices. Devices must be accepted as delivered and are not redeemable for cash. In the unlikely event that Devices are discontinued or become otherwise unavailable for any reason for a period of six (6) months or more, Sponsor will have no obligation to award any substitute device or monetary or other equivalent.
5.10 Taxes. Each Participant will be solely responsible for any and all applicable taxes and any other costs, expenses and fees (including customs tariffs and import duties) which are not stated in the Terms and Conditions as included with the Device.
5.11 Use of Device.
5.12 Publicity. Participants may be requested to take part in promotional activities and Sponsor will only use the name, voice, likeness and/or image of Participants in any publicity, advertising, trade or other promotional activity upon obtaining prior written consent from each Participant.
5.14 Governing Law. Terms and Conditions shall be governed by and construed under the laws of the Province of Ontario without regard to conflict of laws principles. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of Ontario. Participants 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 the Province of Ontario. Participants further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to the Terms and Conditions.
5.15 Sponsor. Sponsor is Research In Motion Limited, 295 Phillip Street, Waterloo, Ontario, Canada N2L 3W8.