Flash Lite Developer Challenge – Terms conditions

Terms & conditions

1.Participation in the Competition and Acceptance of Terms and Conditions
All participation in the Flash Lite Developer Challenge (the Competition) is subject to these Terms and Conditions and all applicable laws and regulations.
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.
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 web site or violates the Terms and Conditions or any other applicable laws and regulations.
2. The Organizer
The Competition is organized by:

NCC s.a.r.l.
25 Cours Honoré d’Estienne d’Orves
13001 Marseille
FRANCE
Place of registration: Marseille, France
Chamber of Commerce registration nr. B 447 81 65 62
3. Eligibility
The Competition is open only to registered legal entities. You must be authorized to represent a registered legal entity to participate in this Competition on behalf of the legal entity in question (the Participant). Individual persons are not eligible to participate in the Competition. Further, any legal entities which the employees of the Organizer, their immediate family (spouse, parents, siblings, and children) and/or household members have majority ownership of or otherwise control, may not participate in the Competition. Further, legal entities registered in Cuba, Iran, Syria, North Korea, Sudan and/or Myanmar may not participate in the Competition.
4. Duration of the Competition
The Competition begins at 12:00 GMT on 16 February 2009 and will end at 12:00 GMT on 31 May 2009; 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.
The Participant may withdraw from the Competition before the due date by giving the Organizer written notice by using the contact form here
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
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 a written permission from these third parties to enter the competition. All Competition Entries must be made in the English language.
Further, submitted mobile application software must be made in Flash Lite.
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 http://www.flashlitedeveloperchallenge.com.
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.
6. Judging of the Competition
The Competition will be judged by an international jury of industry experts (the Jury). The jury will consist of experts in the fields of mobile devices, entertainment, software development, telecommunications and technology innovation invited to the jury by the Organizer. No employees of the Organizer or its affiliates participate in judging of the Competition.
The Jury will evaluate each Competition Entry at its sole discretion, using such criteria as the Jury deems appropriate.
The Jury shall work to elect the winning Competition Entry (Grand Prize) as well as the nominees and the winners of the following categories: Game, Sports, Lifestyle, Infotainment, Social Networking and the Most Innovative Application award. 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.
After the Jury has announced the Winning Competition Entry/ies, if any, its decision is final and the Participant may not contest the external review board’s decision or submit the decision to any appeal or otherwise dispute it.
7. Prizes and intellectual property rights
The Prizes
Each Entry which wins one of the 5 category awards; Games, Sports, Infotainment, Lifestyle and Social Networking, receives US$ 15,000. The Entry which wins the Most Innovative Application Award receives US$ 10,000. The Grand Prize will be selected out of the 5 category prizes and the Grand Prize winner receives an additional US$ 15,000, adding up to a total of US$ 30,000.
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 payment schedule.
A Participant with a Winning Competition Entry will be offered the opportunity to explore together with the Organizer and the Sponsors the possibility of further development of their Winning Competition Entry toward a Flash Lite Distributable Player title. Such activities shall be subject to a separate agreement, if deemed appropriate by the parties involved.
No transfer or assignment of prizes is allowed. Each winner is solely responsible for paying all taxes and fees associated with the prize monies.
Intellectual Property Rights
All prior intellectual property rights of the Participant in and to the Competition Entries will remain vested with the Participant.

The Organiser’s right to promote
The Participant hereby grants the Organizer the non-exclusive right and license to use, reproduce, distribute, make available, publicly perform, and publicly display the Winning Competition Entry and any associated information in connection with the advertising and promotion of the Organizer’s products and platforms.
8. Participant warranties
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 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.
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.
By entering the Competition, the Participant fully and unconditionally releases, indemnifies and holds harmless the Organizer and its affiliates, subsidiaries, directors, officers, employees and its advertising and promotional agencies 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, breach of these Terms and Conditions, except to the extent that this release may be limited by applicable law.
9. Privacy and Confidentiality
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 (a) was in the possession of the Organizer, its affiliates, or a member of the Jury prior to disclosure hereunder; or (b) 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 (c) was disclosed by a third party; or (d) 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.
The Organizer may use any personal data (for example, name, address, telephone number or e-mail address) transmited by the Participant by electronic mail or otherwise in accordance with the Privacy Policy.
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
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 website or online service, or for any other technical or non-technical error or malfunction. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ORGANIZER, 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 THE EXTERNAL REVIEW BOARD WILL NOT EXCEED A TOTAL AGGREGATE AMOUNT OF ONE THOUSAND EURO (EUR 1,000.00).
11. Entire agreement
These Terms and Conditions 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
The Organizer will investigate and decide on any breach or alleged breach of these Terms and Conditions, and its decision is final.
This Competition shall not constitute a commitment or 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 France, 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 this Contract shall be submitted to arbitration under the CMAP (Centre for Mediation and Arbitration of Paris, Paris Chamber of Commerce and Industry – 39, avenue Franklin D. Roosevelt, 75008 Paris) Rules of Arbitration to which the parties undertake to adhere.