Terms & conditions

 

1.Participation in the Competition and Acceptance of Terms and Conditions

(a) All participation in the The Getties 2010 (the Competition) is subject to these Terms and Conditions and all applicable laws and regulations, as well as the terms and conditions set forth under “Legal” in this website, www.gettieawards.com (the “Site”), which are incorporated herein by reference.

(b) All Participants must read these Terms and Conditions carefully prior to entering the Competition. By entering the Competition, participants accept and agree to these Terms and Conditions without limitation or qualification. If Participants do not agree and accept these Terms and Conditions without limitation or qualification they may not enter the Competition.

(c) The Organizer reserves the right to dismiss and/or disqualify without any liability at any time with immediate effect any Participant who tampers with the operation of the Competition or Competition Site or violates the Terms and Conditions or any other applicable laws and regulations.

2. The Organizer

The Competition is organized by:

GetJar Inc.
1500 Fashion Island Blvd, suite 209
San Mateo, California

3. Eligibility

(a) The Competition is open to everybody, both legal entities and individuals, with the exception that employees of the Organizer, their immediate family (spouse, parents, siblings, and children) and/or household members and any individuals residing in or legal entities registered in Cuba, Iran, Syria, North Korea, Sudan and/or Myanmar may not participate in the Competition.

(b) The entrant has to submit a working mobile application for one of the following platforms: MAC OS X (iPhone), RIM OS (Blackberry), Symbian, Android, Java (J2ME), Windows Mobile.

(c) The submitted application has to have been launched and commercially available during the past 12 months.

4. Duration of the Competition

(a) The Competition begins on May 18th, 2010 at 00.00 AM Pacific Time and ends on July 12th, 2010 at 00.00 AM Pacific Time. The Organizer reserves the right to shorten, extend, modify, or cancel the Competition at its sole discretion, at any time. The Organizer will disqualify any Entries (as defined below) received after the end of the Competition.

(b) The Participant may withdraw from the Competition before the due date by giving the Organizer written notice by using the contact form here.

(c) The Organizer reserves the right to change the schedules, milestones and prizes at its sole discretion, at any time.

5. Competition entries, format and submission

(a) The Participant may submit as part of their entry into the Competition various content and material, including written descriptions, audiovisual works and software code (Entry). Competition Entries must consist only of the Participant's own original work or, if the Entry contains original work of third parties, the Participant must have obtained written permission from these third parties to enter the competition. All Competition Entries must be made in the English language.

(b) The Entry should contain the following information and materials:

  • Product description (min 250 characters – max 750 characters)
  • Product unique selling points
  • Product screen shots (minimum 3 / recommended 5)
  • A link to the respective app store / channel where the application can be downloaded
  • Genre classification that matches one of the following:
    • Entertainment
    • Productivity
    • Social & Messaging
    • Games
    • Education
    • Travel
    • Sports
    • Lifestyle
    • Health
    • Search
    • Maps
    • Music
    • Religion
    • News & Weather
    • Shopping

  • All entries must follow the specified template provided
  • Entries must be submitted by June 30th, 2010

(c) To be eligible for the Competition, all Competition Entries must comply with the above qualifications and be submitted in electronic form via the submission tool at official competition website www.gettieawards.com.

(d) Competition Entries may not be submitted via any other method. The Organizer will not review and will return or dispose of, at the Organizer's discretion, any Competition Entries made to any other address or via any other methods. Further, submission via other methods will cause the Participant's Entry to be dismissed from Competition.

(e) Organizer has the right to ask for proof of information provided and/or to audit the information provided in the Entry. If such a request is made and the Participant does not agree, the Participant may be disqualified at the option of Organizer. If at any time, any information provided by any Participant is found to be incorrect in any manner, then the Participant will not be permitted to continue participation in the Competition, and, if an award has already been granted, the Participant will be liable to return the award and any monetary or non-monetary consideration provided as part of the award. Determination of whether information is incorrect or not rests with Organizer.

6. Judging of the Competition

(a) The Competition will be judged by an international jury of industry experts. The jury will consist of experts in the fields of mobile devices, entertainment, software development, telecommunications and technology innovation. The Organizer will participate in the judging of the Competition.

(b) The Jury will evaluate each Competition Entry at its sole discretion, using such criteria as the Jury deems appropriate.

(c) The Jury shall work to elect the winning Competition Entry (Gettie Award) as well as the nominees and the winners of the following 6 categories: Android, RIM OS (Blackberry), Java (J2ME), MAC OS X (iPhone), Symbian, Windows mobile. The Jury decides at its sole discretion which prizes to award and may decide not to award any, some or all of the prizes announced for the Competition. The Jury will only disclose the Winning Competition Entry/ies, if any, to the Organizer.

(d) After the Jury has announced the Winning Competition Entry/ies, if any, its decision is final and the Participant may not contest the Jury’s decision or submit the decision to any appeal or otherwise dispute it.

7. Prizes and intellectual property rights

7.1 The Prizes

The 6 Awards for the best in the platform category:
$15,000 credits from GetJar for it's Pay-Per-Download system
80 hours of free testing with Device Anywhere

One Gettie Award Winner
$25,000 GetJar credits
100 hours of free testing with Device Anywhere

7.2 Notice of Award

(a) The Organizer will contact the winning Participants, if any, within 60 days from the decision of the external review board and notify them about the schedule. Organizer reserves the right to withdraw or alter the foregoing awards and/or to substitute awards of any kind whether or not similar in kind or value to the foregoing. The delivery schedule of awards shall be in the sole discretion of Organizer.

(b) No transfer or assignment of prizes is allowed. Each winner is solely responsible for paying all taxes and fees associated with the prize credits or other awards.

7.3 Intellectual Property Rights

All prior intellectual property rights of the Participant in and to the Competition Entries will remain vested with the Participant.

7.4 The Organizer's right to promote

By submitting an Entry into the Competition, Participant grants to Organizer and to the Jury a royalty-free, irrevocable, worldwide, non-transferable, non-exclusive right and license to use such Entry in connection with this Competition. The Participant hereby grants the Organizer the non-exclusive, royalty-free, irrevocable, worldwide right and license to use, reproduce, distribute, make available, publicly perform, and publicly display any Winning Competition Entry and any associated information in connection with the advertising and promotion of the Organizer's products and platforms. Winners grant to Organizer free of charge the right to use their names and factual information about their participation in the Competition and do not have any right to any revenues earned or generated by the Competition, if any.

7.5 Nomination Prize

Consumer and developer nominations for the overall Gettie Award winner will be accepted. Using database timestamp information, the consumer or developer who nominates the ultimate Gettie Award winner will receive one new Apple iPad 3G of the Organizer's choosing. Only one nomination of one app may be submitted by a nominating person or organization. Developers that nominate their own app and complete the submission process for that app as an Entry to the Competition could conceivably win both the iPad and the Gettie Award. The iPad award does not include subscriptions or service plans. Apps nominated under this section are not automatically entered as Entries into the Getties, and are subject to all of the Entry requirements set forth in these terms and conditions. The Organizer may, but is not obligated to, make attempts to encourage developers of nominated apps to submit their apps as Entries, but the developer is responsible for completing all of the necessary steps in the Entry submission process before the nominated app will be eligible to win the Gettie. Nominations by developers or consumers under this section have no effect upon the selection by the Jury of winners of the Gettie Award.

8. Participant warranties

(a) The Participant warrants that the content and material submitted for the Competition as part of the Participant's Entry has been originally developed or validly acquired by or licensed to the Participant, and the Participant has not received notice of or otherwise is not aware of any claim or threat of claim that the submitted content infringe any patent, trade secret, copyright or any other intellectual property rights, publicity, privacy, moral or other proprietary rights of any third party.

(b) Also the Participant warrants that the submitted Entry does not include any material that is infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

(c) By entering the Competition, the Participant fully and unconditionally releases, indemnifies and holds harmless the Organizer and the members of the Jury, and the affiliates, subsidiaries, directors, officers, employees and the advertising and promotional agencies of Organizer and the members of the Jury from any and all claims, demands, suits, losses, liability for any injuries, loss or damage of any kind arising from or in connection with the Competition, the use of the Competition Site, or these Terms and Conditions, except to the extent that this release may be limited by applicable law.

9. Privacy and Confidentiality

(a) The Competition Entries shall be submitted to review by the Jury. The Organizer shall require in writing the Jury members to treat the Competition Entries as confidential information, provided however that no obligation of confidentiality shall cover any information which (i) was in the possession of the Organizer, its affiliates, or a member of the Jury prior to disclosure hereunder; or (ii) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or (iii) was disclosed by a third party; or (iv) was independently developed by the recipient and/or their organization having no access, or prior to having access, to the Participant's information supplied hereunder.

(b) The Organizer may use any personal data (for example, name, address, telephone number or e-mail address) transmitted by the Participant by electronic mail or otherwise in accordance with the Privacy Policy as set forth on Organizer’s website, www.getjar.com.

(c) The Participant understands and agrees that the Organizer will treat any communication or material he/she transmits, such as questions, comments, suggestions or the like, as non-confidential and nonproprietary.

10. Limitation of Liability

(a) The Organizer is not responsible for any incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Competition or utilized by the participant, for any human error, for any interruption, deletion, omission, defect, or failure of any network or electronic transmission, for problems relating to computer equipment, software, inability to access the Competition Site or online service, or for any other technical or non-technical error or malfunction. Organizer has no obligation to screen an Entry or Entry material in advance, and is not responsible for monitoring entries to prevent violation of intellectual property ownership rights, or violations of any law, rule or regulation. If Organizer is notified of submissions or materials that allegedly do not conform to these Terms and Conditions, Organizer may investigate the allegation and determine in good faith and in its sole discretion whether to eliminate an Entry from consideration for any award. Organizer has no liability or responsibility to Participants or other users of the Site or Entry material for performance or non-performance of such activities.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ORANIZER, ITS AFFILIATES, LICENSORS OR ITS SUPPLIERS, OR ANY MEMBER OF THE JURY, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, RELATING TO THESE TERMS AND CONDITIONS, THE COMPETITION OR ANY TRANSACTION CONTEMPLATED HEREIN, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST GOODWILL AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE ORGANIZER, ITS AFFILIATES, LICENSORS OR ITS SUPPLIERS, OR ANY MEMBER OF THE JURY, TO THE PARTICIPANT OR TO ANY THIRD PARTY ARISING OUT OF THESE TERMS AND CONDITIONS, THE COMPETITION, OR ANY ACTS OR OMISSIONS OF THE ORGANIZER OR ANY OF THE MEMBERS OF THE JURY WILL NOT EXCEED A TOTAL AGGREGATE AMOUNT OF ONE THOUSAND EURO (EUR 1,000.00).

11. Entire agreement

These Terms and Conditions, together with terms and conditions set forth under “Legal” in this website, www.gettieawards.com, constitute the entire agreement between the Participant and the Organizer pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

12. General provisions

(a) The Organizer will investigate and decide on any breach or alleged breach of these Terms and Conditions, and its decision is final. Organizer makes no claims that Site or may be lawfully viewed or downloaded outside of the United States. Access to the Site or participation in this Competition may not be legal by certain persons or in certain countries. If Participant accesses the Site from outside of the United States, Participant does so at its own risk and is responsible for compliance with the laws of its jurisdiction

(b) This Competition shall not constitute a commitment to create a joint venture, partnership, agency or other media or business relationship between the Participant and the Organizer. This Competition shall not either be understood to grant to the Participant, whether expressly or by implication, any ownership, rights or license to any intellectual property rights (including without limitation trade names and trademarks) of the Organizer and/or its affiliates. The Participant may not make any use whatsoever, other than lawful use, of the Organizer's intellectual property rights including without limitation its name and/or any trademarks, brands, logos or similar.

13. Applicable law and dispute resolution

These Terms and Conditions are made under and shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. All disputes arising out of or in connection with the validity, interpretation, performance, non-performance or termination of the Competition, the use of the Site or these Terms and Conditions shall be submitted to arbitration under the rules of the American Arbitration Association in San Mateo, California. Participant shall not institute any arbitration or action in any form more than twelve (12) months after the cause of action arises. The competition / award as provide herein is void where prohibited by law.