ALL ABOARD BLACKBERRY 10 PORT-A-THON PROGRAM ("PROGRAM")
OFFICIAL PROGRAM TERMS AND CONDITIONS ("OFFICIAL 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 RESEARCH IN MOTION LIMITED ("SPONSOR"). PROGRAM IS ADMINISTERED BY MILESTONE INTEGRATED MARKETING ("PROGRAM ADMINISTRATOR"). BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THESE OFFICIAL TERMS AND CONDITIONS AND THE DECISIONS OF SPONSOR AND ITS REPRESENTATIVES, WHICH ARE FINAL AND BINDING.
PROGRAM PERIOD: The Program will begin at 12:00:01 pm Eastern Time ("ET") on December 14, 2012 and will end at 11:59:59 pm ET on December 15, 2012 ("Program Period").
ELIGIBILITY: Offer is open to those who have registered and have been accepted by Sponsor as a BlackBerry World ("BBAW") developer.
HOW TO PARTICIPATE: To participate, visit devblog.blackberry.com (the "Website"). (the "Website"). Follow the instructions on the Website to complete the registration form to participate in the Program. Develop a new application, or port an existing app from any other OS besides BlackBerry 10 to the BlackBerry 10 OS using BlackBerry Webworks SDK or BlackBerry Native SDK, or Cascades for BlackBerry 10 or Adobe® AIR®. ("App"). Apps must not: (a) have passed testing and already been approved by BlackBerry World for sale on BlackBerry® 10 ; (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, the App must (a) comply with these Official Terms and Conditions; (b) comply with the BlackBerry World Vendor Guidelines ("Guidelines"); (c) have been approved through BBAW; and, (d) be approved by Sponsor as outlined in Section 4 below. You may participate by submitting as many unique Apps as you wish but duplicates are not permitted. Sponsor reserves the right to refuse to accept Apps that are substantially similar by any participant.
All Apps (excluding resubmissions) must be received by the end of the Program Period. Participants will be permitted to resubmit their App 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 December 29, 2012. 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. Apps generated by script, macro or other automated means which subvert the participation or registration process will be void.
By submitting an App, you warrant and represent that: (a) it is your original work; (b) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property, proprietary property or other rights of any person or entity; and, (c) that publication of the App via various media, including internet/online posting, will not infringe on the rights of any third party.
HOW TO RECEIVE A REWARD: Eligible Apps must have been approved by BBAW and must be an App that Sponsor believes, in its sole and absolute discretion will be in reasonable demand in the BBAW. Apps will be reviewed by a representative of the Sponsor to confirm eligibility. Decisions of Sponsor and Program Administrator are final and binding, without right of appeal, in all matters relating to the Program.
Rewards will be awarded once all eligible Apps have been approved through BBAW which approval will occur no later than January 8, 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. Rewards in Categories Two (2) and Three (3) will be allocated based on the time in which they were received by BBAW during the Program Period.
REWARDS: Rewards will be distributed as follows:
Category Apps Approved Per Participant Reward 1 1 or more $100 per eligible App 2 5 or more, less than 10 $100 per eligible App + FOR THE FIRST TWO HUNDRED (200) QUALIFIED PARTICIPANTS ONLY one (1) Dev Alpha Device 3 10 to 20 $100 per eligible app + FOR THE FIRST TEN (10) QUALIFIED PARTICIPANTS ONLY one (1) trip** to BlackBerry Jam Europe in Amsterdam to celebrate the launch of BlackBerry 10 in February 2013.
All dollar amounts are represented in US currency.
Participants will be required to sign a Dev Alpha Agreement prior to receiving the Reward which will require the Participant to return the Device to Sponsor at their request. The Device will be deactivated by Sponsor on or around the date of the launch of Sponsor's BlackBerry 10 device.
*Subject to the limitations outlined in the chart above, Rewards will be distributed to each participant for the first twenty (20) Apps they submit. Any Apps submitted beyond twenty (20) are not eligible for any additional Reward. There is a limit of one (1) Dev Alpha device per BlackBerry World Vendor.
**Trip includes return economy airfare for one (1) from the international airport nearest the participant's residence to Amsterdam, NL departing on February 4, 2013 and returning on February 6, 2013, two (2) nights standard hotel accommodation (single occupancy) at a hotel selected by Sponsor for the duration of the stay; one (1) all-access pass to BlackBerry Jam Europe to take place in Amsterdam, NL on February 5 – 6, 2013. Sponsor reserves the right to vary the duration of the trip depending on location of winner's residence and, in such a case, Sponsor will notify winner in advance. Value of trip will not exceed $10,000 USD. Reward recipient will not be entitled to any difference in value between the maximum and actual value of the trip.
Participant will be responsible for all meals, taxes, travel and/or medical insurance, airport improvement fees, gratuities and all personal and other expenses not specifically described above as included in the Reward. Participant is responsible for all costs associated with and obtaining any required travel documentation. Activation, airtime, service, accessories and any other costs not specifically identified as included in the Reward are the responsibility of each Participant. Sponsor reserves the right in its sole discretion to suspend or cancel the participation of any Participant due to noncompliance with any security procedure or inappropriate behavior or misconduct. In such case, Sponsor will not be responsible for any costs associated with returning Participant back to Participant's residence or any other expense incurred by Participant.
Participant must be able to attend the Event on the specified date or the Reward will be forfeited. If Participant cannot attend the Event, Reward will be forfeited in its entirety and may be awarded to an alternate participant.
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 for any reason. Participant is solely responsible for all applicable federal, provincial/state and local taxes and all other costs and expenses associated with Rewards not specified herein as being included. Sponsor is not liable for any tax implications arising from the Reward or Program. Limit one (1) Reward per person.
PARTICIPANT NOTIFICATION: All participants eligible for a Reward will be notified by phone or email on or before January 8, 2013. If any participant is found to be ineligible or not in compliance with these Official Terms and Conditions, if any Reward notification or Reward is returned as undeliverable or if a participant cannot be contacted within fourteen (14) days of the first attempt, they will be disqualified, his/her Reward will be forfeited and it may be awarded to an alternate participant. Participants 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 the reward will be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participants.
LIMITATION OF LIABILITY – GENERAL: By participating in this Program, you agree, to the maximum extent permitted by applicable laws to release and hold Sponsor, Program Administrator and their respective 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 Program, including, without limitations: (i) awarding, acceptance, receipt, possession, use and/or misuse of the Rewards awarded herein; or (ii) participation in any Program related activities and travel of any kind. The above limitation of liability shall not apply to death or bodily injury caused as a result of Sponsor's negligence.
LIMITATION OF LIABILITY – PROGRAM OPERATION: By participating the Program and to the maximum extent permitted by applicable laws, you 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, Apps and app information, regardless of the method of transmission, including the failure to send a reward notification email and/or shipping of reward to the reward participant; whether caused by website users or by any of the equipment or programming associated with or utilized in the Program; (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on any website related to the Program, or for communications line failure, theft or destruction, tampering, or unauthorized access to Apps and/or app information; (iii) for printing, human, typographical or other errors in any Program material or the administration of the Program; and (iv) any computer, software, website or electronic defect, error or failure regardless of reason.
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 Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the processing or judging of Apps, the announcement of the rewards or any Program-related materials. Sponsor reserves the right at its sole discretion, to disqualify any individual (and void all of his or her Apps) who tampers with the app process. All Apps become property of the Sponsor and none will be returned.
RIGHT TO MODIFY, TERMINATE OR SUSPEND: Sponsor reserves the right to modify, terminate or suspend the Program 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 Program. In the event of such an occurrence the Sponsor will post a notice on the Website. In the event of cancellation, Sponsor will award the Rewards from among all eligible, non-suspect Apps received prior to cancellation using the judging procedure outlined above.
INTELLECTUAL PROPERTY: Any and all information you provide to RIM in connection with this Program, including but not limited to any ideas, suggestions, improvements or modifications, to or for RIM's products, that are included in your App or that arise from your participation in the Program constitute "Information". The term "Information" refers to and includes without limitation ideas, code, notes, graphics, inventions, patents, patent applications, disclosures, proposals, and any other content, whether directed to technical, business, or other types of subject matter, however provided, described or characterized, and in whatever form submitted or provided to RIM.
If you choose to provide your Information, RIM may, in its sole and absolute discretion, review it as follows:
Owner - If you, as the creator, inventor, assignee, or other rightful owner of the Information are willing to allow RIM to review your Information on a non-confidential basis, by providing Information, you represent that you are the creator, inventor, assignee, or other rightful owner of the idea and materials.
Representative - In the event you are acting as a properly authorized Representative of the Owner, please include in your App a description of the nature of your representative capacity (i.e., broker, attorney, executor, common representative, etc.), as well as the mechanism through which the representative capacity arises (i.e., written agreement, oral agreement, operation of law, etc.). By providing Information, you represent that you are a legal or contractual representative of the actual creator, inventor, assignee, or other rightful owner of the idea and materials submitted, with full power and authority to act on that party's behalf.
Further, in the event that you are acting as a Representative, by providing Information you acknowledge that RIM makes no representation that it is bound by any relationship between the Owner and the Representative.
By providing Information or otherwise participating in the Program, whether you are acting as Owner or Representative, you hereby license to RIM, its affiliated companies and necessary sublicensees, without limitation, the worldwide, royalty-free rights to make, use, sell, import, export, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Information or any product or service embodying the Information, without any further consideration to you, whether or not the Information is incorporated into RIM products and services.
If you are aware of any patents, published patent applications, or other publicly available documents covering, disclosing, or relating to the Information, please either identify or supply a copy of each.
By providing Information or otherwise participating in the Program, whether you are acting as Owner or Representative, you represent that you are providing the Information on a non-confidential basis, that you understand that RIM does not consider the Information "in confidence," and that you understand that RIM makes no commitment that the Information will be treated as confidential information. RIM shall not be liable or owe any compensation for any use, sale, reproduction or disclosure of the Information or any product or service embodying the Information. You acknowledge that protection for the Information is limited to the scope of your existing intellectual property rights and that disclosing ideas on a non-confidential basis risks losing protection of those ideas under applicable law. You also understand that unprotected ideas provided on a non-confidential basis are freely available for commercial use by any third party, including RIM. You represent that RIM will not be held to any duty of confidentiality regarding the Information.
RIM makes no representation whether the Information or similar ideas or materials were known to RIM prior to your submission, nor whether the ideas or materials of the Information are, or will be, used by RIM in current or future products or services.
Finally, by submitting Information you represent and warrant that all communications associated with the Information do not or will not be used to establish any notice of infringement and that any actual or imputed knowledge resulting from RIM's awareness of the Information will not be used in establishing any infringement damages or enhancements thereto.
GENERAL TERMS/CONDITIONS: Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. You acknowledge that, by acceptance of your App, Sponsor does 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 participants or sources. Participants acknowledge and agree that they will not be entitled to any compensation, credit or other consideration as a result of use by Sponsor or any of its designees of any such similar or identical material. Participant agrees that Released Parties are not responsible for any unauthorized use of Apps by third parties.
GOVERNING LAW: This Program is governed by and is to be interpreted, construed and enforced under the laws of the Province of Ontario without regard to conflict of laws principles. Any dispute under the Official Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of the Province 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 the Province 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 the 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 Research In Motion Limited 295 Phillip Street, Waterloo, ON Canada N2L 3W8.
© 2013 Research In Motion Limited. BlackBerry®, RIM®, Research In Motion® and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world. All other trademarks are the property of their respective owners.