TIZEN PRESENTS THE 2013 “TIZEN APP CHALLENGE” CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. Internet access is required to enter.

1. DESCRIPTION: The 2013 “Tizen App Challenge” is a skill-based contest (“Challenge”) designed to motivate and reward technology developers who develop innovative, creative, functional and original applications in the “Game” or “Non-Game” categories (“Categories”) for the Tizen mobile platform (“Tizen”) which are accepted and made publically available in the Tizen Store (“Store” or “Seller Office”), and are then submitted by an eligible developer for consideration in this Challenge.

2. SPONSOR/PROMOTION PARTNERS: The Challenge is sponsored by The Linux Foundation (“The Linux Foundation” or “Sponsor”), with its principal place of business at: 660 York Street, Suite 102, San Francisco, CA 94110; in association with Samsung Electronics and Intel (“Promotion Partners”) whose representatives will be appointed to the judging panel for the Challenge. 

3. BINDING AGREEMENT: By submitting an entry, you agree to be bound by these Official Rules (available at http://tizenappchallenge.com) and all Challenge related communications from the Sponsor (collectively the “Rules”), and the decisions of the Sponsor and Judges which are final and binding in all respects. Please read the Rules prior to entry. After reading the Rules and in order to participate, each Participant must click the “I understand and agree” box on the Challenge entry webpage. Once the Participant clicks the “I understand and agree” box, the Rules form a binding legal agreement between each Participant and Sponsor with respect to the Challenge and the entry submission (referred to herein as an “entry, ” the “app” or “application” and/or “submission”) made by the Participant. Participants may not submit an entry to the Challenge and are not eligible to receive the Prizes described in these Rules unless they agree to be bound to the Rules. By entering Participant accepts the Rules on his/her own behalf and on behalf of his/her successors, assignees, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights by, from or through Participant (“interested parties”).

Submissions will only be accepted from an eligible individual with full rights to do so, either on their own behalf, on behalf of their team (of individuals), or on behalf of an employer (a business, organization, corporation, institution or other entity which may or may not be comprised of more than one individual) (“business entity”) (each is referred to herein as a “Participant” or “entrant”).  FOR RESIDENTS OF RUSSIA ONLY: Residents of Russia may enter as an individual or team of individuals, as provided herein, but may not enter by or on behalf of a business entity. Teams must appoint an individual for contact and potential winner notification if applicable. Only one (1) prize will be awarded per Entry. By submitting an app on behalf of a business entity, entrants affirmatively agree that they have been asked to do so on behalf of their employer, and any prize award will be provided to the business entity and not the individual who submitted the app. Similarly, by submitting an app on behalf of a team, entrants affirmatively agree that they have been asked to do so on behalf of all team members, and any prize award will be provided to the team representative assigned by the team (and not necessarily the individual who submitted the app) who will be solely responsible for disbursement of the prize amongst all team members.  The same submission cannot be entered into this Challenge more than one time, by more than one Participant, and in such event, one or both Participants and one or both submissions may be disqualified. Promotion Entities disclaim all responsibility and liability relating to all of the above; by entering Participants agree to release, indemnify, defend and hold them harmless in all respects relating thereto.

IMPORTANT NOTICE: Participants have the responsibility to review and understand their employer’s policies, laws, rules and/or regulations, tax implications, and any other limitations (collectively “policies”) regarding Participant’s eligibility to participate in promotions and/or receive prizes in connection therewith.  Furthermore, if a Participant enters without obtaining the appropriate approvals, or if an individual is participating in violation of any such policies, Sponsor may, in its sole discretion, disqualify the Participant and forfeit their prize, if applicable. Promotion Entities disclaim all responsibility and liability relating to the above; by entering Participants agree to release, indemnify, defend and hold them harmless in all respects thereto.

 4. ELIGIBILITY: The Challenge is open to Participants who have agreed to be bound to these Rules, are under no conflicting contractual or legal restriction to enter, and who are the legal age of majority, at the time of entry, to form valid contracts in their respective country, province or state of legal residence and is listed as an eligible Country for purposes of this Challenge. THE CHALLENGE IS OFFERED IN AND OPEN ONLY TO RESIDENTS OF THE FOLLOWING ELIGIBLE COUNTRIES:. AUSTRALIA, BELGIUM, CANADA (EXCLUDING QUEBEC), CHINA, FRANCE, GERMANY, HONG KONG, INDIA, JAPAN, KOREA, NEW ZEALAND, PHILIPPINES, POLAND, ROMANIA, RUSSIA,  SINGAPORE, SLOVAKIA, THAILAND, UNITED KINGDOM, UKRAINE, UNITED STATES, AND VIETNAM. THIS CHALLENGE IS VOID TO RESIDENTS OF ALL OTHER COUNTRIES AND WHEREVER RESTRICTED BY, WITHOUT LIMITATION, FILING OR REGISTRATION REQUIREMENTS, OR OTHERWISE PROHIBITED OR RESTRICTED BY LAW.

Employees, officers and directors of: (i) The Linux Foundation, (ii) the Promotion Partners, (iii) Judges, participating advertising and promotion agencies, prize suppliers, and those individuals and entities involved in the preparation of materials for, administration and/or execution of this Challenge (all collectively the “Promotion Entities”), and (iv) the immediate family members (defined as parents, children, siblings and spouse, including step relations) regardless of where they reside, and/or individuals living in the same household (whether or not related) of any of the Promotion Entities are not eligible to participate in the Challenge.

Furthermore, “sourced apps” developed at the request of, hired by (in whatever capacity), funded or compensated, partially or fully, supported, or under contract at any time with or by a Promotion Partner are not eligible for submission into this Challenge. Any such application will be disqualified. Nothing contained in the aforementioned shall restrict or be deemed to restrict an individual who created a “sourced app” from participating in this Challenge provided they and their app submission are eligible.

5. PROMOTION PERIOD: The Challenge begins on or about 12:00 A.M. U.S. Pacific Time (PT) on July 9, 2013 and ends at 11:59 P.M. U.S. Pacific Time (PT) on December 8, 2013 (“Promotion Period”). Entries must be received during the Promotion Period by Sponsor in accordance with the procedure and approved channels stated herein, or will not be eligible. All times relating to the Challenge are Pacific Time unless otherwise stated. Sponsor (or its authorized representative’s) server for the Challenge is located in the U.S. and shall be the official time keeping device for the Challenge. PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. Judging of eligible submissions will be conducted between approximately December 9, 2013 and January 17, 2014, unless shortened or extended as necessary due to volume, or as otherwise deemed necessary by Sponsor.

6. CERTIFICATION BY STORE AS A PRE-REQUISITE FOR CHALLENGE SUBMISSION, & ADDITIONAL ENTRY REQUIREMENTS: Before or during the Promotion Period Participants must register for an account at the Tizen Store, and have their app pass certification and be publically available in the Store (http://seller.tizenstore.com) in order for the app to be eligible for this Challenge. The app in the Store must be the same app without modification as that submitted for this Challenge. The Category (as defined below) in which the app is offered in the Store at the end of the Promotion Period will be the Category in which the entry will be judged for purposes of this Challenge. There is no purchase necessary to submit the app to the Store, or this Challenge. Non-compliance with any terms, conditions or other requirements of the Store will likely mean your app is ineligible for submission to the Tizen App Challenge.

To be approved into the Challenge, the app must, amongst other things: operate in Tizen SDK version 2.2; pass the Store certification process; and must not have any current or future monetary, proprietary, or licensed external dependencies. In addition, the developer must agree to be bound to all terms, conditions and agreements required by the Store including but not limited to the Terms and Conditions of the Tizen Seller Office and the Terms and Conditions of Tizen Account all of which are merged herein. Availability in the Store is not proof or evidence that the app and/or Participant is eligible for the Challenge.

Further, by entering this Challenge, Participants hereby represent, warrant and covenant (as applicable), and agree to produce written evidence of such if requested, that:

(i)              The entry, in whole and in part, does not violate or infringe upon any proprietary or intellectual property rights, including copyrights, trademarks, patents, trade secrets, industrial property rights, personal or moral rights, or any other rights whatsoever of any person and/or entity;

(ii)             The entry, in whole and in part, is submitted to the Challenge by or with the permission of all persons (living or deceased), venues and/or entities who worked on, were engaged to work on, or contributed in any respect to the entry or any part thereof, who are depicted (directly or indirectly) in the entry by name, likeness, voice, image or any other information or indicia of persona, or who otherwise have any right, title and interest in and to the entry or any part thereof (including but not limited to rights arising from a work for hire relationship), and all such persons, venues, and/or entities have provided their written consent to submission of the entry and its use pursuant to the Rules; 

(iii)             Participant has all other rights, licenses, permissions and consents necessary to submit the entry and to grant all of the rights granted to the Promotion Entities in these Rules (and in any written Agreement signed by Participant), and the exercise thereof by the Promotion Entities and/or the use by them of the rights granted by Participant, in whole or in part, does not and will not give rise to any alleged or actual claims, disputes, actions or liabilities, including but not limited to those for disputes or payment of any kind, including without limitation royalties, residuals, attribution, credit, dues, consultation or any other fees, costs, or expenses;

(iv)            The entry in whole or in part contains no malware, including viruses, trojans, worms, spyware or any other harmful software, code or other devices; and

(v)             The entry in whole or in part contains no pornographic, sexually explicit (including nudity), defamatory, offensive, violent, discriminatory, cruel, abusive, highly sensitive, or illegal content (including but not limited to gambling (in China), and/or technology or other content that is prohibited from export), content of an obscene or menacing character, and does not otherwise offend against reasonable standards of taste and decency.

In order to be eligible for this Challenge, the submitted entry, in whole and in part (and its developer/Participant) must comply with all other terms stated in the Rules. By submitting an entry, Participants agree the Promotion Entities are not responsible for, and shall be indemnified, defended, released and held harmless for/from any claims, actions or disputes between a Participant and any other Participant and/or third party relating to the entry, in whole or in part. 

During the Promotion Period, but after the app’s certification in the Store, Participant must register for this Challenge by completing the information requested in the official entry form provided at http://tizenappchallenge.com. Participant must provide their full name, state/province and country of legal residence, email address, and contact phone number, identify their app submission using the authorized, unique identifier assigned to the app upon acceptance in the Store, must acknowledge whether they are submitting as an individual, or on behalf of a team or business entity (and provide a representative as stated in 3 above), and must agree to be bound to the Rules and the decisions of the Sponsor/Judges (“entry” or “submission”).  It is the Participants sole responsibility to ensure Sponsor has current contact information for the individual, team or business entity as applicable. In general, the entry will be deemed made by the Participant identified on the entry form for purposes of the Challenge. In the event of a dispute, the entry will be deemed made by the Participant associated with the app’s unique Store assigned identifier. In whole or in part invalid, non-compliant or incomplete entries will not be considered. Sponsor may but is not obligated to request that an entry be re-submitted for corrective reasons, so long as it complies with these Rules and is submitted by the same, eligible Participant within the Promotion Period.

7. CATEGORIES:  There are nine (9) separate Categories: three (3) “Games” and six (6) “Non-Games.” Eligible entries will be judged and prizes may be awarded for each Category.  At the time/date of the end of the Promotion Period, the Primary Category in which the entry appears in the Store will be the Category in which the app will be judged for purposes of this Challenge. Categories may not be modified thereafter (unless requested as a corrective measure by Sponsor in its sole discretion). Categories are as follows:

GAMES:

(1) Action, Adventure, Arcade, Sports;

            (2) Role Playing, Strategy;

            (3) Board, Card/Casino, Puzzle, Word/Trivia, Music, Others.

NON-GAMES:

            (4) Productivity, Finance, Utilities;

            (5) Education, Reference, Kids;

            (6) Music/Video, Entertainment, Photo, Font;

            (7) News/Magazine, Sports, Weather;

            (8) Social Networking;

            (9) Lifestyle, Health, Travel, Navigation.

Participants may enter more than once, in one or more Category, but all entries must be eligible and entirely unique and different (in Sponsor’s determination).

8. GENERAL ENTRY CONDITIONS:  For purposes of the Challenge and pursuant to these Rules, unless otherwise specified, all materials and information submitted by an eligible Participant, in any and all media and medium will collectively constitute the “entry”. Once submitted an entry may not be cancelled or deleted, and will not be returned. The entry as a whole will be considered and judged, but may be posted, viewed and used by the Promotion Entities in whole or in part, as provided herein and by others interested in, involved with, or administering the Challenge. Participants assume all risk of ineligible, damaged, lost, late, incomplete, invalid, incorrect, incompatible, non-functioning, or misdirected entries, in whole or in part. SPONSOR MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN CONNECTION WITH ITS ABILITY TO IN ANY WAY ENABLE, DEVELOP, MARKET OR PROMOTE THE PARTICIPANT, THE ENTRY, NOR THE IDEAS OR TECHNOLOGY EMBODIED OR SET FORTH IN THE ENTRY, IN WHOLE OR IN PART.  Proof that an entry is uploaded does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Challenge.

Without limitation, Sponsor reserves the right to immediately disqualify and/or remove at any time (before, during or after the Challenge) any entry and/or Participant for any reason in its absolute discretion. Without limiting the foregoing, if at any time a Participant and/or winner is found to have breached, violated or failed to comply with these Rules (or any subsequent agreement), in whole or in part, at any time, or is or found at any time to have been ineligible, they will be immediately disqualified and agree to immediate return in full any and all prizes to Sponsor (if applicable).

Participants understand, recognize and accept that, without fault of the Promotion Entities, other persons may have provided one or more of the Promotion Entities, Store, or others, or made public, or may in the future submit, or make public, materials that are the same or similar to Participant’s entry. Further, Participants have independent access to, may create or have created technologies, methods, materials and ideas which may be similar or identical in whole or in part to another entry in concept, code, theme, idea, format or other respects. In the event that an entry is identical or similar to the entry of another Participant, the Promotion Entities reserve the right to score one entry higher than the other, subject to the judging criteria set forth herein, in the discretion of Sponsor and Judges. Entries may not be acknowledged and will not be received or held “in confidence” or “in trust” and by submitting an entry it does not create a confidential relationship or obligation of secrecy between Participant and any of the Promotion Entities. Participants will not now or in the future be entitled to any approval, rights of compensation, or any other payment; unless adjudged and verified a winner pursuant to these Rules, and in such event, only to the extent of the prize award. Further, Participants and winners agree that by submitting an entry and/or receiving a prize in the Challenge does NOT give rise to or in any way create, either express or implied, any employer/employee, joint or co-venture, principle/agent, or any other employment, fiduciary, or other relationship, between them and any one or more of the Promotion Entities, or any other person or entity. The Promotion Entities disclaim all responsibility and liability relating to all of the above; by entering Participants agree to release, indemnify, defend and hold them harmless in all respects thereto.

9. JUDGING CRITERIA/WINNER SELECTION: Eligible entries received by Sponsor will be judged by a panel of subject matter experts in the fields of software development and/or technology innovation selected by the Promotion Partners (and approved by Sponsor) using the following judging criteria (“Judging Criteria”) ranked in order of importance and scored from 1-10, 10 being highest.  For each Games Category: Entertainment Value (i.e. Is it fun?); Visual Design (i.e. is it appealing?); Performance (i.e. Is it responsive?); Controls and Input (i.e. is it easy to use?). And for each Non-Games Category: Usefulness (i.e. Does it make something easier?); Visual Design (i.e. is it appealing?); Performance (i.e. Is it responsive?); Controls and Input (i.e. is it easy to use?).  Scores will not be made public by Sponsor at any time.

Winners will be selected within each Category based on their highest combined score in accordance with the Judging Criteria. Assuming sufficient eligible entries are received in each respective Category, the entry receiving the highest aggregate score will be the potential Grand Prize winner of the Category, the two entries with the next highest scores will be the potential Runner-Up Prize winners within the Category, and the three entries with the next highest scores will be the potential Honorable Mention Prize winners within the Category. In addition, from among all eligible HTML5 apps submitted, regardless of Category, the top ten (10) with the final adjudged highest aggregate scores in accordance with the Judging Criteria will be the potential “HTML5 Apps Prize” winners. Any and all prize awards are dependent upon and subject to verification of eligibility and compliance with these Rules. In the case of a tie, the tie will be broken (among the tied entries within that Category) by the highest score in the Entertainment criteria (for the Games Categories) and in the Usefulness criteria (for the Non-Games Categories), and if a tie still remains the tie will be broken (among the remaining tied entries within that Category) by the entry with the highest score in the Visual Design criteria, and so on. If any Participant selected as a potential prize recipient for a given Prize is disqualified for any reason, the next highest-scoring Participant in that Category, or for the HTML5 Apps Prize, as applicable, will be designated as the potential recipient of that respective prize. If a Participant has more than one potentially winning entry for a Category Prize, their eligible entry earning the highest score will determine the prize to be awarded.

10. PRIZES: Subject to receiving sufficient eligible entries, one Grand Prize, two (2) Runner-Up prizes and three (3) Honorable Mention prizes will be awarded in each of the nine (9) Categories (“Category Prizes”). (There will be up to six (6) prizes per Category, and up to fifty-four (54) Category Prizes in total for the Challenge.)  Ten (10) additional HTML5 Apps Prizes will be awarded.  All prizes will be awarded in U.S. dollars. Sponsor and Promotion Partners assume no liability in changing prizes from US Dollars to award winners’ local currency. Limit one (1) overall Category Prize and one (1) HTML5 Apps Prize per Participant, whether an individual, team or business entity, and regardless of the number of entries submitted by any of them. Category Prize winners may be eligible to receive one (1) HTML5 Apps Prize.  

CATEGORY PRIZES:

GAMES: Grand Prize (1) per Games Category: $200,000 USD (two hundred thousand U.S. dollars awarded in the form of a check). In addition, each GP winner will receive roundtrip air transportation to/from a 2014 Tizen Developer conference or Tizen Developer App award ceremony (to be selected in Sponsor’s sole discretion) on dates and at a location to be determined (Approximate Retail Value (“ARV”) of air transportation: up to a maximum of $2,100 USD); and 2 nights lodging (standard room/double occupancy) (ARV: up to a maximum of $400 USD). Total ARV of Trip: $2,500 USD. Total ARV of Grand Prize: $202,500 USD. Runner-Up Prizes (2) per Games Category: $100,000 USD (one hundred thousand U.S. dollars awarded in the form of a check). Honorable Mention Prizes (3) per Games Category: $40,000 USD (forty thousand U.S. dollars awarded in the form of a check). All prize awards are contingent upon verification of potential winner, confirmation of their eligibility to receive a Prize, and compliance with the Official Rules.

NON-GAMES: Grand Prize (1) per Non-Games Category: $120,000 USD (one hundred twenty thousand U.S. dollars awarded in the form of a check). In addition, each GP winner will receive roundtrip air transportation to/from a 2014 Tizen Developer conference or Tizen Developer App award ceremony (to be selected in Sponsor’s sole discretion) on dates and at a location to be determined (ARV of air transportation: up to a maximum of $2,100 USD); and 2 nights lodging (standard room/double occupancy) (ARV: up to a maximum of $400 USD). Total ARV of Trip: $2,500 USD. Total ARV of Grand Prize: $122,500 USD. Runner-Up Prizes (2) per Non-Games Category: $60,000 USD (sixty thousand U.S. dollars awarded in the form of a check). Honorable Mention Prizes (3) per Non-Games Category: $30,000 USD (thirty thousand U.S. dollars awarded in the form of a check). All prize awards are contingent upon verification of potential winner, confirmation of their eligibility to receive a Prize, and compliance with the Official Rules.

HTML5 APPS PRIZES (10): $50,000 USD (fifty thousand U.S. dollars awarded in the form of a check).

IMPORTANT NOTICE FOR GRAND PRIZE (“GP”) TRIP: All other transportation, lodging, meals, gratuities, and all costs and expenses relating to or arising directly or indirectly out of the trip not specified as included herein are the sole cost and responsibility of GP winners.  If winner is a business entity, a representative must be selected by the business entity, and all Rules apply to the business entity/representative.  GP Trip must be taken on dates and times specified by Sponsor, which dates and times are subject to change. GP Winner must travel on the dates specified by Sponsor. All travel arrangements must be made through a travel agent or entity selected by Sponsor. Specific air carrier(s), lodging providers and other trip specifics are at the sole discretion of Sponsor. All travel is subject to availability. Blackout dates and other restrictions may apply. Travel must originate and end at the same major gateway airport.  GP winner will be required to provide valid travel documents and passports, valid photo IDs, and inoculations as required by travel authorities at time of travel; and to obtain and maintain all insurance (including health, liability and any other insurance). Winner acknowledges and agrees that the Promotion Entities are not providers/carriers of transportation, or insurance providers. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. Prize conditions may be added or modified by Sponsor. Promotion Entities are not responsible for any changes of any element of GP Trip including but not limited to any expenses incurred as a consequence of missed flights, flight charges, cancellation or delays. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. Any unclaimed and/or unused element of a GP will remain the property of Sponsor/Promotion Partners, as applicable.  In the event a GP winner and/or their guest engage in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, illegal, disorderly, or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the GP Trip early, in whole or in part, and to send the winner and guest home with no further compensation.

Prize winners must be able to accept the prize in its entirety or not at all, or else prize may be forfeited (in Sponsor’s sole and absolute discretion). All potential winners of prizes will be notified by e-mail or telephone (in Sponsor’s absolute discretion) using the information provided in the entry. Potential winners will be required to sign and return an Affidavit (or Declaration) of Eligibility, Release of Liability, and where legal, Publicity Release for receipt by Sponsor within the time/date specified by Sponsor, or else prize will be forfeited in its entirety and an alternate winner will be selected in accordance with their score within the applicable Category assuming sufficient eligible entries are received. In the event a potential winner cannot be reached using the contact information provided on the entry on or within two (2) separate attempts, the prize will be forfeited and an alternate potential winner will be selected in accordance with their score within the applicable Category assuming sufficient eligible entries are received. Prizes are not assignable or transferable in whole or in part. No prize substitutions allowed, in whole or in part. Except Sponsor reserves the right to substitute a prize of comparable value. In no event will Sponsor or Promotion Partners be responsible for awarding more than the stated value/number of prizes.

TAXES: All winners are solely responsible for any local, provincial, state, federal/country or any other applicable taxes, compliance with (governmental) reporting, filing and documentation requirements, and for any other costs, expenses and fees connected with their acceptance and use of the Prize in their respective jurisdictions. Prizes will be awarded to and in the name of the individual Participant, assigned team representative, or business entity, as applicable.

In the event of disqualification for noncompliance, ineligibility, if a potential winner refuses or fails to complete and return release documents as directed on or within the time stated, or for any other reason, that prize will be forfeited in its entirety and Sponsor will award that respective prize to an alternate potential winner in accordance with their score within the applicable Category. Returned, undelivered, unclaimed, or un-awarded prizes will not be (re)awarded. Sponsor shall have the right, where necessary, to undertake all action and/or require further information as is reasonable to protect itself, or any of the Promotion Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding the prize to any Participant.

11. GENERAL CONDITIONS: EU Residents Only: For the purposes of this Challenge, Participants’ personal information and entrant information may be stored and processed on servers outside of the European Economic Area. Participants and entrants explicitly consent to the transfer of their data collected in connection with participation in the Challenge to countries outside the European Economic Area, including the U.S. Entrants acknowledge that these countries may not provide for the same level of data protection as applicable in the EU. However, wherever the Sponsor or its agents process information, they will use their reasonable endeavours to ensure that the information is protected at all times in accordance with strict data protection standards in accordance with the Sponsor’s established privacy policy. Participants have the right to request a copy of the personal information that the Sponsor holds on them and to have any errors in that information corrected.

THESE OFFICIAL RULES SHALL GOVERN THE CHALLENGE, INCLUDING BUT NOT LIMITED TO ENTRY, PARTICIPATION, ELIGIBILITY TO RECEIVE A PRIZE, AND PARTICIPANTS AND OUR RESPECTIVE OBLIGATIONS WITH RESPECT THERETO. USE OF THE SITE, INFORMATION PRACTICES, AND ALL OTHER GENERAL TERMS ARE GOVERNED BY SPONSOR’S TERMS OF USE AND/OR PRIVACY POLICY AT TIZEN.ORG. IN THE EVENT OF A DISCREPANCY BETWEEN ANY INFORMATION,  COMMUNICATION, AND/OR TRANSLATION THESE RULES (ENGLISH VERSION) SHALL GOVERN TO ADDRESS ISSUES RELATING TO THE CHALLENGE. If any item or provision contained in these Official Rules or any part thereof is declared or becomes unenforceable, invalid or illegal for any reason, all other terms and provisions of these Official Rules shall remain in full force and effect as if these Official Rules had been executed without the offending provision appearing therein. 

Without limiting any other right or term herein, a Participant may be disqualified from the Challenge if, in Sponsor’s absolute discretion, it reasonably believes the Participant has, appears to, or has attempted to undermine the legitimate operation of the Challenge by cheating, deception, fraud, using multiple identities, engaging in illegal activities, or other unfair practices, or has or attempts to annoy, abuse, threaten, harass or intimidate any other Participant, any of the Promotion Entities, or any other person.

Participants acknowledge that entries may be subject to United States export laws, regardless of location or nationality. Participants agree to comply with all applicable export controls, including, but not limited to, the United States Department of Commerce's Export Administration Regulations, sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control, and any export laws applicable in Participant’s country of residence.  Participant further warrants that their entries are authorized for export from the United States under these laws.

12. PRIVACY RELATED ISSUES FOR INDIAN RESIDENTS ONLY: To the extent the Data, Information or Personal Information [as defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 read with the Information Technology Act, 2000] (Hereinafter collectively referred to as “Data”) provided by the Participant to enter the Challenge, the Sponsor shall utilize such Data for the purposes of the Challenge only and the same shall not be withheld beyond the period for which such Data is required by the Sponsor. The Participant understands and has no objection against his/her Data being uploaded to a server outside the territory of India. However, it shall be the endeavor of the Sponsor to ensure highest standards of encryption to be adhered to, while transmitting or processing the Participant’s Data as the case may be. In the event the Sponsor decides to disclose the Data, the same shall be carried out, after getting a prior permission from the Participant concerned unless the disclosure has to be made pursuant to an order passed by a competent adjudicating authority or similar obligation. Such consent shall not be refused by such Participant on unreasonable grounds. The Participant is entitled to request for a copy of his/her Data in possession of the Sponsor and may amend the same, should any deficiencies are found therein.

At the time of collection of the Data, the Sponsor will provide the Participant with the option of not to provide such Data. However, if the Participant chooses not to provide the said Data, the Sponsor, at its sole discretion, shall have the right to disqualify such a Participant from the Challenge.

13. INTELLECTUAL PROPERTY RIGHTS: As between Promotion Entities and the Participant, the Participant has and retains all intellectual and proprietary rights in and to the entry that Participant had at time of submission of the entry to the Store and Participant’s agreement and acceptance of the Store Terms and Conditions. Without limiting the Terms and Conditions of the Store, as a condition of entry, Participant grants Promotion Entities a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, publicly perform, publicly display and create a derivative work from, any entry in whole or in part that Participant submits to this Challenge for the purposes of allowing Promotion Entities to test and evaluate the entry for purposes of this Challenge, to administer the technical and other requirements of the Challenge including distribution of the entry to the Promotion Entities, and for prize award verification.  

14. PRIVACY AND PUBLICITY: Participants agree that personal data entered during the registration may be processed, stored, and otherwise used for the purposes and within the context of the Challenge and as permitted by and in accordance with the Sponsor’s Privacy Policy found at http://www.tizen.org. This data will be collected and maintained within the United States. By entering, Participants expressly agree to the transmission, processing, and storage of this personal data in the United States. By accepting a prize, participant agrees and consents to Promotion Entities (and its authorized representatives’) use of Participant's name, image and/or likeness, hometown/country, biographical information, in any and all media now known or hereinafter developed (including but not limited to the world wide web, wireless an digital platforms, and the Internet) for promotional, marketing and advertising purposes without additional approval or compensation, unless prohibited by U.S. law.  Participants also understand this data may be used by Sponsor to verify a Participant's identity and eligibility to receive a Prize.  Participants have the right to access, review, rectify or cancel any personal data held by Sponsor in connection with the Challenge by writing to Sponsor at the address listed herein.

15. RELEASE AND INDEMNIFICATION: To the maximum extent permitted by law, Participants and winners agree to release, indemnify, defend and hold harmless (“release”) Sponsor, Promotion Partners, and all other Promotion Entities, their parents, affiliates, subsidiaries and divisions, and their respective directors, officers, employees and agents (“Released Parties”) from and against any and all threatened or actual actions, liabilities, claims, demands, losses, settlements, fines, damages, costs and expenses (including reasonable attorney fees) whether or not litagation is commenced (“dispute”) arising at any time from participation in the Challenge, the entry (in whole or in part), any Challenge and/or prize-related activity or inability to participate in or parts thereof, the delivery, acceptance, use, mis-use of a prize or any failure with respect thereto, personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, any act, default, omission, non-compliance, and/or a violation or breach of any agreement, representation, warranty or covenant made herein, or any other agreements by/with Participant, the Promotion Entities, and/or any other party or entity. Further, to the maximum extent permitted by law, and without limiting the foregoing, Participants and winners agrees to release the Released Parties from and against any and all threatened or actual disputes arising at any time directly or indirectly  from  any dispute brought by any persons or entities (who may be other than a party to the Rules) arising from or related to an entry, participation and/or involvement in any other respect with the Challenge, and/or the delivery, acceptance, use, mis-use of a prize or any failure with respect thereto.  Participants and winners covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.

LIMITATION OF LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS CHALLENGE, PARTICIPATION IN THE CHALLENGE, ANY CHALLENGE ACTIVITIES OR ELEMENTS THEREOF, INCLUDING BUT NOT LIMITED TO THE SUBMISSION OF AN ENTRY, PARTICIPANT’S ACCESS TO AND USE OF THE PROMOTIONAL WEBSITES OR THE UPLOADING OF MATERIALS TO THE WEBSITE, AND/OR THE DELIVERY, ACCEPTANCE AND/OR USE/MISUSE OF A PRIZE.

16. NETWORKS AND CANCELLATION: Promotion Entities are not responsible for typographical error; technical, network, computer, digital, telephone, cable, electronic, or hardware or software malfunctions, failures, connections, problems; incompatibility; unavailable, garbled, corrupt, or jumbled transmissions; service provider, Internet, web site, blog site, user net accessibility, availability or congestion; unauthorized human intervention or security breach; the unauthorized access to, alteration of entries in whole or in part, the incorrect or inaccurate capture or processing of entries, or other information, or the failure to process, collect or communicate any such information; electronic errors, omissions, interruptions, deletions, defects, and/or delays; or loss, theft or destruction of any entry, or other Challenge related materials or information, in whole or in part.  If for any reason the Challenge is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical failures, a force majeure event, or any other causes similar or dissimilar which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Challenge, or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Challenge. Sponsor reserves the right to select only potential winners in each Category from eligible, non-suspect entries received (prior to the event or otherwise), but only if doing so is deemed fair and equitable in Sponsor’s determination under the circumstances. Any attempt by a Participant to deliberately damage any web site or undermine the legitimate operation of the Challenge is a violation of U.S. criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify Participant and seek damages from any such Participant to the fullest extent of the law.

17. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, without regard to  conflict of law rules. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief, or make any other recourse to judicial proceedings in case of disputes or claims resulting from or in connection with this Challenge are hereby excluded, and all Participants expressly waive any and all such rights.

18. ARBITRATION: By entering the Challenge, Participants (including all team members and business entities on whose behalf an entry is submitted), and potential winners agree that exclusive jurisdiction for any and all disputes of whatsoever kind or nature arising out of or related in any way to the Challenge and/or these Rules, shall be submitted to binding U.S. Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the San Francisco, CA area, before one neutral arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.

19. WINNER'S LIST: Winners of Category Prizes and HTML5 Apps Prizes will be posted at http://tizenappchallenge.com, anticipated to be available on or within ten (10) days of winner verification and confirmation.

For a copy of these Official Rules, go to http://tizenappchallenge.com. Sponsor reserves the right, without notice or prior approval, to modify or supersede these Official Rules in its sole reasonable discretion and in such event will post revised Rules on the Site, which will continue to govern all aspects of the Challenge.