Rules and Eligibility
Summary
- You must sign up at Motally by December 15, 2009
- Your app must include Motally API for tracking metrics
- The prize metrics are based on Motally's reporting
- The metrics will be based on tracking from January 1, 2010 to January 30, 2010
Full Rules and Regulations
TRACKAPPALOOZA
TERMS & CONDITIONS
1. DESCRIPTION: Trackappalooza ("Contest") is designed to motivate and reward Participants who develop innovative, creative, functional and original applications for the iPhone, BlackBerry, and Android platforms. Prizes will be awarded to those Participants who submit the best Entries in the categories established by Motally. A Grand Prize will be awarded to the Participant who submits the best Entry as determined in the sole discretion of the Judges. NO PURCHASE NECESSARY TO ENTER OR WIN.
2. SPONSOR: The Contest is sponsored by Motally Inc. ("Motally"), 300 Brannan St, Suite 410, San Francisco, CA 94107
3. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Terms and Conditions ("Terms"). Therefore, please read these Terms prior to entry to ensure you understand and agree. After reading the Terms and in order to participate, each Participant must click the "I understand and agree" box (or the equivalent) on the Contest entry webpage. Once the Participant clicks the "I understand and agree" box (or the equivalent), the Terms form a binding legal agreement between each Participant and Motally with respect to the Contest and each submission made by the Participant. Participants may not submit an entry to the Contest and are not eligible to receive the Prizes described in these Terms unless they agree to these Terms. If a Participant is part of a team, each member of the team must read and agree to these Terms.
Special Note to Participants who are entering as part of a team: If a Participant enters as part of a team, the Participant understands and agrees that, in order for his/her team to be eligible to participate, all of the members of the team must accept the Terms in the manner specified by Motally. Furthermore, a Participant that is part of a team understands and agrees that if his/her team is selected to receive a Prize, the team is responsible for ensuring the funds are appropriately distributed to each member of the team and each member of the team must agree upon the method of payment. In addition, once a team has registered, the team may not add, remove, or substitute members or otherwise change the composition of the team for the duration of the Contest. Finally, the eligibility of the Participant is tied to the team's eligibility; if one member of the team does not comply with these Terms or is disqualified, the team as a whole will be disqualified.
Special Note to Participants who are entering as a business entity: If a Participant is entering as part of a business entity, corporation, or other legal entity (hereinafter collectively referred to as "Business Entity"), Participant warrants that the appropriate corporate officers, executives, managers or other persons who have the authority to approve Participant's entry into this Contest have approved the Participant's entry and the Participant understands that these terms will be binding on both the Participant and his/her Business Entity. Furthermore, the Participant understands that if the Participant enters without obtaining the appropriate approval, Motally may, in its sole discretion, disqualify the Participant's entry. Finally, if a Business Entity is selected to receive a Prize, a corporate officer or person entitled to bind the Business Entity will be required to validate that the Participant is entitled to receive the Prize on the behalf of the Business Entity and the corporate officer or person entitled to bind the Business Entity must provide the appropriate information for payment of the Prize.
4. ELIGIBILITY: The Contest is open to individuals, teams of individuals, and business entities (each individual, each team, each individual member of a team, and each entity is referred to as a "Participant" in these Terms) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry (19 in California, Kentucky and Louisiana; 21 in Mississippi). Note: Residents of New York and Florida are not eligible to participate in the Third Prize drawing. Employees of Motally Inc, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Motally reserves the right to verify eligibility and to adjudicate on any dispute at any time.
5. CONTEST TIMELINE: All Participants must sign up at http://www.motally.com/contest/ before the end of the Sign Up Period. The Sign Up Period ends at 11:59:59 P.M. Pacific Time (PT) Zone in the United States on December 15, 2009. Entries must be submitted before the end of the Submission Period. The Submission Period ends at 11:59:59 P.M. Pacific Time (PT) Zone in the United States on December 15, 2009.
ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
6. REGISTRATION: All Participants must provide certain registration information when submitting an Entry, including but not limited to full name and working email address ("Registration Information"). Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry, and any potential Prize recipient may be required to show proof of being the authorized account holder for that email address. The "authorized account holder" is the natural person assigned to an email address by the relevant provider of email services. Individuals and teams of individuals must provide the Registration Information for each and every individual involved with the Entry and every individual who is part of the team must agree to the Terms in the manner specified by Motally. Participants registering as a Business Entity must provide this information for an individual vested with the legal authority to bind the Business Entity to these Terms. All Participants awarded Prizes must verify their identity with Motally before any Prizes are distributed.
7. METHOD OF ENTRY
a. SUBMISSION OF ENTRIES: To qualify for a Prize, an "Entry" to the Contest consists of an original application that is written for one or all of the following platforms: iPhone, Android, or BlackBerry. Individuals, teams, and Business Entities may submit an Entry by visiting the Motally Contest site, providing the Registration Information, and integrating the Motally API into the application being submitted as their Entry by following the directions found on the website any time before the end of the Submission Period. However, Motally is not responsible for any claims or disputes between one Participant and any other Participant regarding the ownership of the Entry or the content within the Entry. Motally may disqualify any individual Participant, Business Entity or Team, without recourse and in its sole discretion, if any such claim or dispute arises.
A Participant may submit more than one Entry.
b. LANGUAGE: Entries must, at a minimum, support English language use but may also support other languages at the discretion of the Participant.
c. CONTENT: Entries must comply with the Content Policy for Developers set forth by each Platform. In addition, any Entry containing sexual, violent, abusive, harassing, offensive, or insulting content may be disqualified. All determinations regarding compliance with these content policies will be made at Motally's sole discretion and will be final and binding.
d. ALTERNATE METHOD OF ENTRY IN DRAWING: All application Entries will be automatically entered into the Third Prize drawing. To enter the drawing for the Third Prize without submitting an application, hand write your name, mailing address, phone number, and e-mail address on a 4"x6" card and mail to: Sweepstakes, Motally, Inc., 300 Brannan St, Suite 410, San Francisco, CA 94107. Mail-in entries must be postmarked by the end of the Submissions Period and be received within 7 days. No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.
8. JUDGING: After the Submission Period ends, metrics will be reviewed for all eligible entries to determine the First Place Entry for each category. A panel of three (3) judges with expertise in the evaluation and/or development of mobile platforms and applications ("Judges") will select the Grand Prize winner from among the First Place Entries in each category.
If any Participant selected as a potential prize recipient for a given Prize is disqualified for any reason, the next highest-scoring Participant will be designated as the recipient of that prize.
All potential Prize recipients will be announced on or about February 7th, 2010.
9. CRITERIA.
A First Place Entry will be awarded for the highest score (as determined by Motally based on Motally's tracking process) in each of the following metrics and on each eligible platform (Android, BlackBerry, iPhone): (i) Most New Users; (ii) Highest Average Session Time; (iii) Highest Average Sessions per User; (iv) Users in the Highest Number of Countries; (v) Highest Total Actions Tracked.
The Grand Prize Entry will be based on the First Place Entry with the highest score for the following criteria (weighted equally), as determined by the judges: (i) commercial viability; (ii) novelty; (iii) collective score across all metrics.
10. PRIZES.
a. GRAND PRIZE: The Grand Prize winner will receive an additional prize of 1 (one) pass to Mobile World Congress in Barcelona, Spain, plus hotel accommodations during the Congress (estimated value: $5,000). Winner is responsible for air travel and other expenses. All Prizes are contingent on Participant's compliance with these Terms.
b. SECOND PRIZES: Each Participant responsible for a First Place Entry for a given category will receive a prize of $1,000 USD (one thousand U.S. dollars); All Prizes are contingent on Participant's compliance with these Terms.
c. THIRD PRIZE: A prize of $500 will be awarded to an Entry selected at random from among all Entries not awarded another prize. The odds of winning the Third Prize depend on the total number of eligible entries received.
d. DISTRIBUTION OF PRIZES: Motally is not responsible for decisions on the division or distribution of the prizes among or between team members or Business Entities. Instead, decisions on how to distribute or divide any prize among individual team members or within Business Entities is the sole responsibility of the participating team or Business Entity.
In the case of teams of individuals, Motally will offer two options on how the applicable Prize may be awarded: (1) Motally will award the entire Prize to one member of the team who is identified by each member of the team to receive the prize by being listed as the first member to register and who is then responsible for making any division or distribution of the prize to all members of the team, or (2) Motally will distribute an equal share of the Prize to each member of the team. All members of a team chosen to potentially receive a Prize must agree on either Option #1 or Option #2 as the method of distribution.
In the event the Participant is a member of a Business Entity, Motally will award the applicable Prize to the individual identified by a person with authority to bind the Business Entity. The Business Entity is then responsible for any division of the Prize. In addition, a corporate officer or a person entitled to bind the Business Entity must also approve the receipt of the Prize.
Failure to comply with these requirements will mean that the team or Business Entity has forfeited the applicable Prize and Motally may, in its sole discretion, select an alternative Participant to receive the Prize.
d. TAXES: PAYMENTS TO POTENTIAL PRIZE RECIPIENTS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO MOTALLY ALL DOCUMENTATION REQUESTED BY MOTALLY TO PERMIT IT TO COMPLY WITH ALL APPLICABLE UNITED STATES, STATE, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL GRANTS WILL BE NET OF ANY TAXES MOTALLY IS REQUIRED TO WITHHOLD. ALL TAXES IMPOSED ON THE PRIZE, OTHER THAN THOSE MOTALLY IS REQUIRED TO WITHHOLD, ARE THE SOLE RESPONSIBILITY OF THE PRIZE RECIPIENT.
In order to receive a prize, potential prize recipients must submit the tax documentation requested by Motally or otherwise required by applicable law, to Motally or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential prize recipient's country of residence. The potential prize recipient is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential prize recipient fails to provide such documentation or comply with such laws, the prize may be forfeited and Motally may, in its sole discretion, select an alternative potential prize recipient.
e. NOTIFICATION: Participants who are chosen as potential Prize recipients will be notified by email on or about February 7th, 2010.
f. RELEASE: All Participants who are selected to receive a Prize will be required to agree to the terms of an Affidavit of Eligibility, Liability and Publicity Release, and/or other documents prior to receiving the Qualifying Grant. If a team or Business Entity is selected as a potential Prize recipient, all members of the team or a person with the authority to bind the Business Entity, must agree to the terms of these agreements and must identify the individual that is to receive the Prize. Failure to comply with this requirement or to submit any of these documents within the time period specified within the documents may mean that the Participant and team both have forfeited the applicable Prize and Motally may, in its sole discretion, select an alternative Participant to receive the Prize.
11. GENERAL CONDITIONS.
Prizes are awarded without warranty of any kind from Motally, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All federal, state, provincial and local laws and regulations apply. Submission of Entry into this Contest deems that Participants agree to be bound by these Terms and by the decisions of Motally and Judges, which are final and binding on all matters pertaining to this Contest. Under no circumstances shall the submission of an Entry in the Contest, the awarding of a Prize, or anything in these Terms be construed as an offer or contract of employment with Motally. Failure to respond to notification of potential award of a Prize may result in disqualification and selection of an alternate Prize recipient. A Participant may be prohibited from participating in this Contest if, in Motally's sole discretion, it reasonably believes that the Participant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Participants, Motally, or the Judges.
PARTICIPANT HEREBY AGREES THAT MOTALLY SHALL NOT BE LIABLE FOR, AND HEREBY RELEASES MOTALLY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM, ANY AND ALL INJURIES, LOSSES, OR DAMAGES (COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF PARTICIPATION IN THE CONTEST, OR ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE.
12. INTELLECTUAL PROPERTY RIGHTS: As between Motally and the Participant, the Participant retains ownership of all intellectual and industrial property rights in and to the Entry that Participant had before submission, including the right to distribute the application commercially. As a condition of entry, Participant grants Motally 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 that Participant submits to this Contest for the purposes of allowing Motally to test and evaluate the Entry for purposes of the Contest, to administer the technical and other requirements of the Contest including distribution of the Entry to the Judges, and to advertise, display, demonstrate, or otherwise promote the applicable platform. Participant specifically agrees that Motally shall have the right to use, reproduce, publicly perform, and publicly display the Entry in connection with the advertising and promotion of the Android platform via communication to the public or other groups, including, but not limited to the right to make screenshots, animations and video clips available for promotional purposes.
Participant also grants to the Judges a limited, non-exclusive, and worldwide license to perform, display, and use the Entry on an applicable device. If Participant chooses, Participant may enable technical measures in their Entry to prevent use of the Entry beyond a certain date provided that date is later than the date marking the end of the Contest. Participant may not charge a fee for the download of an Entry by the Judges.
13. PRIVACY AND PUBLICITY: Participants agree that personal data entered during the registration, including name, mailing address, phone number, and email address may be processed, stored, and otherwise used for the purposes and within the context of the Contest. This data will be maintained in accordance with the Motally Privacy Policy found at http://www.motally.com/tos.php. By accepting a prize, participant agrees and consents to Motally and its agencies use of entrant's name and/or likeness to name the entrant for a reasonable time after completion of the Contest in promotional and advertising material of Motally (or its agents) as a winner of the Contest without additional compensation, unless prohibited by law.
Participants also understand this data may be used by Motally in order to verify a Participant's identity, postal address, telephone number, and eligibility to receive a Prize in the event a Participant is chosen to potentially receive a Prize. Participants have the right to access, review, rectify or cancel any personal data held by Motally in connection with the Contest by writing to Motally at the address listed above. If a Participant does not provide the data required at registration, that Participant's Entry will be ineligible.
14. WARRANTY AND INDEMNITY: All Participants warrant that their Entries are original and that they are the sole and exclusive owner and rights holder of the submitted Entries and all included content, that no third parties will make any Contests or claims as to ownership or fraud, and that they have the right to submit the Entries in the Contest and grant all required licenses. Each Participant warrants that the Participant has not submitted any Entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable U.S. law or the law of the Participant's country of residence.
To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Motally at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless Motally, the Judges, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the Contest; (c) any non-compliance by the Participant with these Terms; and (d) claims brought by persons or entities other than the parties to these Terms arising from or related to the Participant's involvement with the Contest. To the extent permitted by law, Participant agrees to hold Motally, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any Prize, except to the extent that any death or personal injury is caused by the negligence of Motally.
15. ELIMINATION: Any false information provided within the context of the Contest by any Participant including information concerning identity, mailing address, telephone number, email address, or ownership of right, or non-compliance with these Terms, or the like may result in the immediate elimination of the Participant from the Contest. Motally further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Terms, or violates U.S. or applicable local law.
16. NETWORKS: Motally is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Motally is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Motally is not responsible for inaccurate transmissions of or failure to receive entry information by Motally on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of Motally. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Motally reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Motally further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the Contest. Any attempt by a Participant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Motally reserves the right to seek damages from any such Participant to the fullest extent of the applicable law.
17. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Terms shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Terms 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 or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.
18. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Motally, of whatsoever kind or nature arising out of these Terms, shall be submitted before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
19. WINNER'S LIST: You may request a list of winners after February 15th, 2010 by writing to:
Motally, Inc.
300 Brannan St, Suite 410
San Francisco, CA 94107
