Ambitious Apps at Amazing Scale
A Hackathon for Apache Geode (incubating)
NO PURCHASE OR PAYMENT NECESSARY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY PARTICIPATING IN THIS CONTEST YOU AGREE TO COMPLY WITH ALL THE RULES BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE RULES DO NOT PARTICIPATE OR SUBMIT AN ENTRY.
The “AMBITIOUS APPS AT AMAZING SCALE - A HACKATHON FOR APACHE GEODE (Incubating)” contest (“Contest”) as governed by these rules (“Rules”) awards prizes to individuals and teams (each a “Participant”) who submit an entry that meets the requirements described below and whose application receives the most points as determined by the judges. First place prize is an Apple Watch (ARV $599 each) Apache Geode hoodie (ARV $30 each) for the individual Participant or both individuals in a Participant that is a team, and second through fifth place an Apache Geode hoodie (ARV $30 each) for the individual Participant or both individuals in a Participant that is a team. An additional prize for “Popular Choice” is offered where the the individual Participant or both individuals in a Participant that is a team who receives the highest number of votes on the contest website during the public voting period will win an Apache Geode t-shirt (ARV $12). The Official Rules (“Rules”) are available here: http://ambitious-apps.challengepost.com. Capitalized terms not defined herein have the meaning set forth in the website sign up process or Winner Affidavit & Release.
1. TIMING. The Contest begins at 6PM on June 28, 2015 and ends at 5:00 PM on July 23rd, 2015. All materials for the contest must be submitted by 11:59PM, July 16th, 2015 (“Entry Period”). The public voting period ("Voting Period") for the Public Choice award begins 6:00AM, July 17, 2015 and ends at 5:00PM on July 23rd, 2015. All times are Pacific Daylight Time (“PDT”).
2. ELIGIBILITY: This Contest is only open to individuals who can prove to Administrator’s (defined below) satisfaction that they: [a] reside within the fifty United States of America or D.C.; and [b] are the age of majority (18) in their state of primary residence as of the start of the Event (minimum of 21 in Mississippi, 19 or older for residents of Alabama and Nebraska) (“Event”).
Excluded Individuals. Employees, independent contractors, officers, directors, shareholders, members, managers, agents, or other representatives of Administrator, and of each of its respective subsidiaries and affiliates and any Contest related suppliers (all of the foregoing entities referred to collectively as the “Contest Entities”), and any members of each such person’s immediate family (spouses, parents, siblings, children and their spouses and in-laws) and persons living in the same household of such individuals (whether related or not) are not eligible to enter or win. Determination of whether a Participant is eligible shall be made in the sole discretion of Administrator whose decisions shall be final and binding.
Comply With Your Company Policies. It is your sole responsibility to review and understand your employer's policies (if any) regarding your eligibility to participate in this Contest. By entering the Contest or by accepting any prize, you warrant and represent that your actions do not violate your employer’s policies and procedures. If you are participating in violation of your employer's policies, you may be disqualified, and Contest Entities disclaim any and all liability or responsibility that may result.
Void in Excluded Territory. THIS CONTEST IS VOID IN PUERTO RICO AND OTHER USA TERRITORIES (OTHER THAN THE DISTRICT OF COLUMBIA), CUBA, SYRIA, IRAN, SUDAN, NORTH KOREA, AND IN ALL JURISDICTIONS WHERE PROHIBITED BY LAW OR REGULATION (INCLUDING BUT NOT LIMITED TO JURISDICTIONS WITH LAWS THAT WOULD REQUIRE REGISTRATION AND/OR TRUST ACCOUNT OR POSTING OF A BOND, OR ANY OTHER REQUIREMENTS THAT HAVE NOT BEEN SATISFIED), OR RESTRICTED OR TAXED BY LAW, AND VOID WHERE RESTRICTED BY INTERNAL BUSINESS OR COMPANY POLICY (COLLECTIVELY, “EXCLUDED TERRITORY”). Residents of an Excluded Territory are prohibited from entering or winning a prize.
No Government Official or Restricted Party. Participants and their companies, if applicable, may not be a Restricted Party. “Restricted Party” includes any person or entity that is:  an official or employee of any governmental entity as defined under any relevant anti-bribery, ethics, or anti-corruption statute, law, regulation or convention; and,  on the U.S. Department of Commerce Denied Person’s List, Entity List, or Unverified List; U.S. Department of the Treasury list of Specially Designated Nationals and Blocked Persons; or U.S. Department of State List of Debarred Parties.
3. HOW TO ENTER: During the Entry Period you can enter (“Entry” or collectively “Entries”) by:  completing an entry form;  working as a team of 1-2 members, develop an application (“App”) that uses Apache Geode (incubating) software to fulfill the Requirements defined below;  submitting a Demo Video of an app that is an original work not developed with anyone other than members of your team;  showing “community support” by contributing bugs, issues, and bug fixes to Apache Geode code as described below, and optionally provide open source access to your project in a public repository under an open source license and  participate in a 15 minute Demo Interview scheduled after submission entry. All entry materials must be submitted by July 16, 2015, 11:59PM, Pacific Time. Demo Interviews will be scheduled after submission materials are received.
A. Participants must submit a demonstration video (“Demo Video”). Demo Videos must be no longer than 5:00 minutes in length, and only the first 5:00 of longer videos will be considered. The video must include the App name, a testimonial of findings and fixes submitted from trying to test and utilize new Apache Geode (incubating) code, a walkthrough of App functionality, a description of the scope of Apache Geode functionality utilized, and demonstrate data being stored in an Apache Geode backend via Geode admin tools: Gfsh and Pulse. Videos must submitted on Youtube or Vimeo. The link must be submitted as part of your entry profile at http://ambitious-apps.challengepost.com.
B. Community Support: Bug & issue reports must be submitted as new JIRA issues. Bug fixes must be submitted as a pull request to the Apache Geode repository, with comments mentioning the relevant JIRA issue. Relevant JIRA issues pull requests must be mentioned in the entry profile. For participants to get credit for submiting their work as an open source project, the open source project code must be submitted as a link to a public repository. The repository must have a prominently posted free or open source license.
C. Contestants must participate in a 15 minute Demo Interview conducted via Webex and a phone conference with one or more of the judging panel. It will be recorded, but will not be publicly posted. Contestants will be asked to provide a live demo of their application, a walkthrough of functionality, demonstrate utilization of the Apache Geode backend via admin tools: Gfsh and Pulse, explain any issues encountered working with Apache Geode while building their app, and what kinds of contributions they have made to the Apache Geode community during the contest.
D. An individual may only participate on one team and each team may only submit one Entry. If multiple Entries are submitted by a team, the first Entry received as determined by Administrator will be accepted. Entries are not permitted to share the same email address. By submitting an Entry, each Participant warrants and represents that the Entry complies with the Rules and the Personal Information is true and correct in all material respects. Failure to comply with each of the above requirements will disqualify your Entry.
Internet Charges. Normal Internet access and usage charges imposed by Participants’ online service provider will apply for accessing the internet other than via an Event provided means. Use of a wireless mobile device to submit an Entry may result in airtime and carrier charges according to the terms and conditions of your service agreement with your wireless carrier.
Other Terms. By participating, Participants agree to the Rules and the decisions of Administrator and the judges, which shall be final and binding in all aspects. Administrator has the right to disqualify any Entry and/or Participant that it determines in its sole discretion does not comply with these Rules. Entry into the Contest does not constitute entry into any other promotion, contest or sweepstakes during the Event or at any other time.
4. CONTENT RESTRICTIONS: Each App must comply with the following content restrictions:
- No Inappropriate Content. Any App or Documentation deemed inappropriate, offensive, or unsuitable, in Administrator’s sole discretion, will be disqualified. Any Entry or portion thereof that is, in Administrator’s sole discretion, obscene, sexually explicit, lewd, defamatory, libelous, hateful, discriminatory, violent, disparaging of other people or companies or products, contains any third party mention without their express permission (of which, Administrator may request proof), or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable as determined in Administrator’s sole discretion, will not be considered and may disqualify the Participant.
- Original Work. Limit on FOSS. Participants may not copy or otherwise plagiarize the Entry from any source; it must be their original work. However, the use of FOSS is permitted in an Entry provided.
Administrator reserves the right to request proof of originality and/or of any of the requirements herein in a form acceptable to Administrator from any Participant any at time. Failure to provide such proof may, if requested, render the Entry null and void and may result in disqualification of the Entry at any time. Participant warrants and represents to Contest Entities that the Entry submitted complies with the aforementioned requirements, and Administrator may rely upon these representations.
WINNER SELECTION: All eligible Entries will be judged by a panel of Administrator-selected judges having reasonable expertise related to judging criteria listed herein, to occur within 7 days following the Entry Period (“Judging Period”) based on each team’s Entries. Judges will scorerank each submitted application along 4 dimensions on a scale of 1 to 5, with 5 being best.
- 25%: Ambitious Scope - demonstrating widest usage of Apache Geode (incubating) features, APIs, and capabilities.
- 25%: Amazing Scale - demonstrated or planned usage at highest scale in terms of data stored, concurrency, reads / writes / queries per second.
- 25%: Innovative Idea & Experience - uniqueness and originality of idea, usage of Apache Geode (incubating) capabilities in creating pleasing user experience, and general business value delivered.
- 25%: Community Contribution - number, quality, and impactfulness of JIRA issues filed and closed as part of App. Provide open source access to App code.
The application with the highest overall point score will win the main prize. In the event of a tie, a majority vote of the judges panel will determine the winning application. Judging will be conducted blindly, i.e., Personal Information associated with each Entry will not be made available to the judges by Administrator. No information regarding Entries or judging, other than as otherwise set forth in the Rules will be disclosed.
Popular Choice - An additional prize category is offered for the most popular submitted project as determined by a public vote. The project with the most popular acclaim calculated as number of votes received for the submission on the contest website will be determined the winner for this prize category.
5. WINNER NOTIFICATION AND ANNOUNCEMENT: The potential winners will be notified no later than July 23rd via email. Participants on each winning team will be required to complete and sign the Prize Claim Documents defined below. Once Administrator receives all requisite information, and the eligibility of the highest-scoring Participants is confirmed, Administrator will declare a winner. Participants on the teams declared winners may be announced at the Event, or within one week of Administrator declaring the winners, by email to all winning team Participants.
If a potential winner (i) cannot be reached or does not reply within five (5) days, (ii) is found to be ineligible, (iii) cannot or does not comply with these Rules at any time, (iv) does not timely return and complete the Prize Claim Documents, or (v) cannot be reached because the prize notification is returned as undeliverable, that potential winner may be disqualified. If for any reason a team is disqualified, the next highest-scoring team may be selected at Administrator’s sole discretion.
6. PRIZE: Participants (an individual, or both individuals in a Participant that is a team) in first place will receive an Apple Watch with an ARV of $599 and an Apache Geode hoodie (ARV $30 each). Participants (an individual, or both individuals in a Participant that is a team) in second through fifth place will receive an Apache Geode hoodie (ARV $30 each). Participants (an individual, or both individuals in a Participant that is a team) determined to win the Public Acclaim category will receive an Apache Geode t-shirt (ARV $12 each) The total ARV of all first place Prizes is a maximum of $1258, \ the total ARV of the second through fifth place Prizes is a maximum of $60 each, and the total ARV of the “Public Acclaim” category prizes is a maximum of $24 each. The term “ARV” refers to approximate retail value in US Dollars. Maximum ARV of all Prizes in aggregate is $1682.
If not distributed at the Event, Prizes will be mailed at Administrator’s expense to each winner within ninety (90) days of receipt by Administrator of the Prize Claim Documents. No PO Boxes are permitted. Prizes are non-transferable and no substitution may be made, except as described herein, or at the sole discretion of the Administrator in the event that the prize cannot be awarded for any reason, in which case, Administrator will award a prize of equal or greater value. Any prizes pictured in advertising materials are for illustrative purposes only. Actual prize may vary from prizes pictured. Prizes are applicable for distribution to and use by consumers in the U.S.A. market, and may not function, be exportable, or supported by its issuer outside of the U.S.A. Winner is responsible for all costs and other expenses associated with winning or acceptance of the Prize not specifically mentioned herein.
No Warranty. Prize is awarded by Administrator without warranty of any kind, express or implied, without limitation, except to the extent provided by the manufacturer. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ADMINISTRATOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT, EXCEPT WHERE THIS WOULD BE CONTRARY TO NATIONAL, FEDERAL, STATE, PROVINCIAL, OR LOCAL LAWS OR REGULATIONS. Administrator shall have no responsibility or obligation to a winner or potential winner who is unable or unavailable to accept or utilize the Prize as described herein.
Prize Value. The ARV of the Prize is subject to price fluctuation in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Rules and the date the prize is awarded or redeemed. Administrator will expend up to a maximum of the ARV of each Prize as stated above for/toward the Prize, but may expend less depending upon the prevailing prices, rebates and incentives available at that time. Winner is not entitled to claim any check, cash or other form of payment for the difference in value between the amount paid by Administrator for/toward the Prizes and the Prizes' ARV above.
7. TAXES: ALL TAXES LEVIED IN CONNECTION WITH THE PRIZE ARE THE SOLE OBLIGATION OF THE RESPECTIVE WINNER. The value of the prize may be taxable to the winner as income. If required to do so by applicable law, Administrator may (before or after a Prize is distributed) withhold, reduce any prize, or charge prize winner in order to fulfill any tax withholding requirements imposed by on Administrator by the IRS or other relevant tax authority. Each Prize winner will indemnify Contest Entities for any costs, charges and taxes associated with the payment of taxes associated with their respective Prize.
8. GENERAL CONTEST RULES/CONDITIONS: To win a Prize, the potential winning Participant will be required to sign and return “Prize Claim Documents” including by way of example, a completed Affidavit of Eligibility/Liability Release (and where legally permissible a Publicity Release) and any other documentation that the Administrator requires within ten (10) days of Administrator sending such documents to Participant. Costs associated with completing the documents or submitting the Entry, including by way of example, any notary fees, postage to return the documents to Administrator, etc., are to be paid by Participant.
Not Responsible. Released Parties (as defined below) assume no responsibility for any interruption, deletion, defect, delay in operation or transmission, theft or destruction of, or unauthorized access to, or alteration of, or error or omission associated with, Entries. Released Parties are not responsible for any (i) problems, bugs, or technical malfunction of any internet or telephone network or lines, computer systems, service providers, Kit, computer equipment, software, or (ii) failure of any Entry to be submitted, completed, or to perform, on account of technical problems, human error or for any other reason, or (iii) for any injury or damage to Participant's or any other person's computer relating to or resulting from participation in the Contest or emailing, uploading or downloading any materials.
Without limiting the generality of the foregoing, and whether caused by the entrant, another party, or any persons at or associated with the Event, Contest, or Entries, Released Parties are not responsible and shall not be liable for: incomplete, illegible, misdirected, defective, misprinted, late, lost, deleted, damaged, stolen, intercepted, postage-due, not received, or the unauthorized access to or alteration of, Submissions, Entries, or prize related notifications, advertisements, or forms; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, mistyped, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information associated with the Contest whether by technical or human error, etc; or for inability of entrant to timely enter, receive notices, communicate with Released Parties, or be present during or for missing the applicable Entry Period, or response deadline; or for any delays in scheduling, performance of and/or completion of any procedures associated with the Contest, or for any printing or typographical errors in any materials associated with the Contest; or for any events beyond Released Parties’ reasonable control including by way of example, as may result in disruptions, injuries, losses or damages associated with the Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE ENTRY SUBMISSION PROCESS OR THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Changes, Termination, Disqualification. Administrator reserves the right, in its sole discretion, to modify, terminate, or suspend the Contest should a virus, bug, non-authorized human intervention, action of Participant or third party, or other cause corrupt or impair the administration, security, or fairness of the Contest. Administrator further reserves the right, in its sole discretion, to disqualify any Participant from participation in the Contest who Administrator determines violated these terms, tampered with the submission of Entries or judging process, or acted in an unsportsmanlike or improper manner. If the process of accepting Entries is terminated early by Administrator, Administrator reserves the right to judge the non-suspect, eligible submissions received up to time of cancellation and declare the winner(s). Inclusion in such judging shall be such Participant’s sole and exclusive remedy under such circumstances. Administrator shall provide notice of any such changes by emailing the Participants and/or by posting the information in the Booth. The decision of the Administrator with respect to judging Entries, and the invalidation or disqualification of any suspected Entries, shall be final and binding.
9. OWNERSHIP OF SUBMISSION: Each Participant hereby irrevocably assigns and transfers and agrees to assign and transfer their entire right, title, and interest in and to the Demo Video and Documentation (collectively “Submission”) to the Administrator and its affiliates, whether or not protectable by patent, trademark, copyright, mask work right, or other right, and whether or not reduced to tangible form or reduced to practice and/or previously, currently used, may be used, or implemented by the Administrator. Each Participant agrees that all such Submission shall belong exclusively to the Administrator and its affiliates.
If for whatever reason any assignment indicted above herein is ineffective, each Participant hereby grants and agrees to grant to the Administrator, its affiliates, subsidiaries, assigns, licensees, and legal representatives Full Rights Equivalent to Ownership in and to the Submission. For purposes herein, “Full Rights Equivalent to Ownership” means non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up rights under patents, copyrights, trade secrets, and any other applicable intellectual property rights: (a) to use, to reproduce, and to create derivative works; (b) to publicly and privately perform, publicly and privately display, promote the Submission or any part thereof, for editorial, commercial, promotional and all other purposes without compensation or notice to you, broadcast, transmit, distribute (through multiple tiers), license, rent, lease and lend copies and derivative works; (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (d) to patent or have patented any Intellectual Property arising from the Submission. In addition and as permitted by applicable law, each Participant hereby assigns to the Administrator all royalty-free, non-exclusive rights, titles, and interests that each Participant may be deemed to have in any reproduction, product, or derivative work using or incorporating the Submission or any relevant part thereof.
For purposes herein, “Intellectual Property” means (a) trademarks, service marks, trade names, slogans, logos, trade dress, internet domain names and other similar designations of source or origin, together with all goodwill, registrations, applications, renewals and extensions related to the foregoing; (b) patents, utility, models and industrial design registrations or applications (including, any continuations, divisionals, continuations-in-part, provisionals, renewals, reissues, re-examinations, substitutions, extensions and applications for any of the foregoing); (c) copyrights, copyrightable subject matter and moral rights (including any registrations, applications, renewals, extensions and reversions for any of the foregoing); (d) mask works rights; (e) trade secrets and other confidential information, know-how, technology, proprietary processes, formulae, inventions, compositions, techniques, technical data and information, procedures, databases, algorithms, models, methodologies, customer lists, supplier lists, pricing and cost information, and business and marketing plans and proposals; and (f) computer programs, including any and all software implementation of algorithms, models and methodologies (whether in source code, object code or other form), databases, compilations, descriptions, flow-charts and other work product to design, plan, organize and develop any of the foregoing, screens, user interfaces, report formats, firmware, development tools, templates, menus, buttons and icons, and all documentation, including user manuals and other training documentation, related to any of the foregoing.
If for whatever reason any grant of Full Rights Equivalent to Ownership herein is ineffective, each Participant hereby grants and agrees to grant to the Administrator, its affiliates, subsidiaries, assigns, licensees, and legal representatives an exclusive, unlimited, worldwide, royalty-free, fully-paid and without right of accounting, perpetual, irrevocable, transferable (in whole or in part), sublicensable (to any person and to any level or layer of sublicense), license to use, reproduce, modify, market, store, adapt, publish, translate, distribute, perform, display, re-arrange, translate, adapt or otherwise revise and/or alter the Submissions (or any portion thereof), to incorporate the Submission into one or more collective and/or derivative works, and to reproduce the Submission as incorporated in such collective and/or derivative works; to distribute copies of, display and perform publicly (including by means of a digital audio transmission) the Submission, including as incorporated in any collective and derivative works, and/or to incorporate the Submission in and with other works in any form, media, or technology now known or later developed, and to make, use, sell, have made, import, and otherwise commercialize and exploit, in any way, the Submission (or any portion thereof).
Each Participant expressly waives and agrees never to assert any moral rights, any rights of paternity or integrity, any right to claim authorship of the Submission or any part thereof, and any similar right, existing under judicial or statutory law of any jurisdiction whatsoever or under any treaty.
10. RESERVATION OF RIGHTS: Participants shall have no rights or licenses hereunder, express or implied, with respect to any Intellectual Property, software, hardware, or information of the Administrator or any of its affiliates. All rights and licenses, title and interests not expressly granted in this Agreement are expressly reserved by Administrator and its affiliates.
11. RELEASE: Each Participant represents and warrants that: (i) all rights to the Submission belong to such Participant, the Submission is original and the Submission does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) he or she has the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Entry, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, and, (iii) he or she hereby holds the Administrator and Contest Entities harmless from and against any third party claim arising from use of the Submission, and waives any right to inspect or approve uses of the Entry or to be compensated for any such uses as is consistent with applicable law.
Participant Names. Participating in the Contest constitutes permission to the Administrator and its agencies to use Participants’ names, biographical information, pictures/portraits, likenesses and/or voices, Entry, for purposes of advertising and trade without further compensation, unless prohibited by law.
12. RELEASE OF LIABILITY: BY PARTICIPATING IN THE CONTEST, AND EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, EACH PARTICIPANT AGREES THAT ADMINISTRATOR, EACH OF THE CONTEST ENTITIES AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, RELATED FINANCIAL ENTITIES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY “RELEASED PARTIES”), WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY PARTICIPANT FOR ANY LIABILITY FOR, (A) ANY BODILY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRY CREATION, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, IF APPLICABLE OR PARTICIPATION IN THE CONTEST OR PARTICIPATION IN ANY CONTEST OR RELATED ACTIVITY, OR (B) ANY CLAIMS INCLUDING, BY WAY OF EXAMPLE, CLAIMS BASED ON PUBLICITY RIGHTS, INTELLECTUAL PROPERTY RIGHTS, COMMERCIAL APPROPRIATION OF NAME AND LIKENESS, DEFAMATION AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY ADMINISTRATOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE PARTICIPANTS, OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING, OFFERING OR ANNOUNCEMENT OF ANY PRIZE. Participants hereby represent and warrant that they have read these Rules and are fully familiar with its contents.
The terms of Sections 10-13 shall apply respectively, to the heirs, executors, assigns and representatives of each Participant. Each Participant agrees to indemnify Contest Entities for any claims, actions, related damages, costs (including attorney fees and court costs), charges, and judgments against Contest Entities associated with rights and licenses granted the respective Contest Entities under Sections 10-13 or breach by such Participant of any such rights and licenses.
14. WINNER LIST; RULES: To receive the name of the prize winner or a copy of the Rules, send a self-addressed, stamped envelope to: Ambitious Apps at Amazing Scale CONTEST - Winners List / Rules, c/o Pivotal Software, Inc., 3495 Deer Creek Road, Palo Alto, CA 94304 (return postage not required for Vermont residents or residents outside the U.S.A.). Requests must be received by [DATE].
15. SEVERABILITY; HEADINGS; WAIVER: If any one or more provisions of these Rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Rules. Headings and captions are used in these Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Rules or any provision hereof. Failure of Administrator to enforce any term of these Rules shall not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Rules.
16. FORCE MAJEURE: The failure of the Administrator to comply with any provision of these Rules due to an act of God, hurricane, war, epidemic, industrial dispute, terrorism, fire, riot, flood, fire, inclement weather, earthquake, strike, actions of governmental authorities, hardware or software failures, or other event outside the control of the Administrator shall not be considered a breach of these Rules.
17. RECOURSE & REMEDIES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Participant's rights and obligations, or the rights and obligations of the Contest Entities or Released Parties in connection with the Contest, shall be governed exclusively by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Each Participant (but if deemed a minor in the jurisdiction in which he or she resides, participant’s parent or legal guardian), agrees that: [a] any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Massachusetts, U.S.A. [b] EXCEPT FOR VIOLATION OF ANY INDEMNITY STATED HEREIN, ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED ACTUAL OUT-OF-POCKET COSTS INCURRED UP TO $500, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS CONTEST BUT IN NO EVENT ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO, CLAIM, PUNITIVE, INCIDENTAL, INDIRECT, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN AFOREMENTIONED OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING MAY NOT APPLY TO YOU.
19. SPONSOR / ADMINISTRATOR: Pivotal Software, Inc., 3495 Deer Creek Road, Palo Alto, CA 94304, USA.
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