Contest Rules
2008 SKYWAY CUP CONTEST OFFICIAL RULES NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. 1. DESCRIPTION OF THE CONTEST: The 2008 Skyway Cup Contest (“Contest”) challenges Entrants to create an original Rich Internet Application with Builder CE (an “Application”) or an original extension to Skyway Builder (an “Extension”).
2. ELIGIBILITY: This contest is open only to those who are aged 18 and older or of legal age of majority in their country, province or state of legal residence at the time of entry, whichever is greater, and who are residents of Canada (excluding Quebec), China, Germany, India, the United Kingdom, or the fifty United States and the District of Columbia, and who are registered members of the Skyway Builder Community. Employees, Officers, and Directors of Skyway Software, Inc. (“Sponsor”), and its affiliates and subsidiaries, participating advertising and promotion agencies (“Sponsor and its Agents”), and members of their immediate family and those living in the same household of each are not eligible. Entrants must be individuals. Entries created by a more than one individual author are not eligible. Contest is void where prohibited, restricted or taxed by law. All federal, state, provincial, and local laws and regulations apply. 3. HOW TO ENTER: This contest begins at 12:01 A.M. Eastern Time (ET) Zone in the IMPORTANT NOTICE TO ENTRANTS: ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE APPLICABLE CONTEST ENTRY PERIOD TIMES IN THEIR RESPECTIVE TIME ZONES. To enter the Contest, first visit the Skyway website at www.skywaycup.org and register to become a member of the Skyway Builder Community (free) and agree to the Skyway Software Terms of Service and Privacy Policy. Next, click on the Skyway Cup 2008 button, and follow the directions to, (a) complete and execute a 2008 Skyway Cup Contributor Agreement, which is included with these Official Rules as Exhibit A, and the terms of which are incorporated herein, including the assignment by you and license back by Sponsor of all of your right, title and interest worldwide in and to all patents, inventions, trade secrets, copyrights and related moral rights in your Entry; (b) upload your original Rich Internet Application with Builder CE or your original Extension to Skyway Builder; (c) submit a type-written description of the Application or Extension in your Entry in English, including how to run it, in no more than 300 words; (d) provide a listing of any third party open source libraries used in your Entry, and reference the applicable licenses for such use, all following the Entry Guidelines below, anytime between 12:01 A.M. ET on June 1, 2008 and 11:59 P.M. ET on September 30, 2008 (an “Entry”). One (1) Entry per person. Once an Entry has been submitted, Entrants will not be permitted under any circumstances to submit updates, substitutions, and/or new versions of Entries. Completed Entries must be sent electronically during the Contest Entry Period and received by Sponsor by 11:59 P.M. ET on September 30, 2008. Proof of submission of Entry is not considered proof of delivery or receipt of such Entry by Sponsor. Use of a false email account will disqualify an Entry. Sponsor and its Agents assume no responsibility for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, illegible, garbled, damaged, lost, late, misdirected, or intercepted Entries, or Entries otherwise not received by Sponsor, or delayed electronic or other communications, or other technical problems related to Entries and this Contest. Any communication or information transmitted to and received by Sponsor and/or the Host Site (www.skywaycup.org) by electronic mail or otherwise, is and will be treated as non-confidential and nonproprietary. Sponsor, in its sole discretion, further reserves the right to disqualify any person who tampers with the entry or judging process or the administration of this Contest, or who otherwise violates these rules.
4. Entry Guidelines: Entries must consist of one (1) original Rich Internet Application with Builder CE or one (1) original Extension to Skyway Builder, in the English language, in the form of a .zip file, along with the additional materials required below. Entries must run as described in the submitted documentation. Entries must follow the following specifications and must include all of the following materials to be eligible to enter or win:
Each Entry must be an original Application or Extension, solely written and developed by the Entrant, except for any properly licensed and documented third party open source libraries used in the Entry (“Original Creation”). Applications and Extensions previously submitted in other contests or that have been commercialized are not eligible for entry in this Contest. Entries that incorporate non-Original Creations other than those specified above, including commercially licensed software, the work of creative consultants, or any other third party property(ies), or that otherwise, in Sponsor's sole and absolute discretion, violate the above Entry Guidelines or these Official Rules, or that do not run as described in the submitted documentation, will not be accepted for entry and will not be eligible to win any prize in this Contest, and Sponsor will not be responsible for any royalties, penalties, fines, costs, damages, or obligations arising as a result of or related to such Entry or of any copying, distribution or any other use of such Entry by Sponsor or its Agents. Entries must be suitable for publication (i.e. not obscene, offensive or indecent). Sponsor, in its sole discretion, reserves the right to disqualify any Entry containing racial, religious, or ethnic slurs, explicit language, obscene, pornographic, violent, or sexual content, or libel, hate speech, references to alcohol, drugs or other illicit substances, or otherwise objectionable, offensive, illegal or prohibited material. Sponsor may in its sole discretion disqualify Entries for which intellectual property claims including those under the Digital Millennium Copyright Act are received and remove any such Entry or component thereof from the website.
5. JUDGING, WINNER SELECTION AND NOTIFICATION: There are four judging stages for Entries. Initial/Secondary Judging. All Entries will be judged by a panel of experts (the “Judges”), whose decisions are final on all matters relating to the Contest, based solely on Judges’ discretion and industry expertise, between October 1, 2008 and October 31, 2008 based on the following criteria: Originality/Uniqueness of Application or Extension (70%); and completeness of documentation and description of Application or Extension (30%) (the “Initial Judging Period”). In the event of a tie, the Entry among the tied Entries with the highest score in Originality/Uniqueness will be declared the higher scoring Entry. The two hundred fifty (250) highest scoring entries (the “Semifinalists”) will then be further evaluated by the Judges between October 1, 2008 and October 31, 2008 based on the following equally weighted judging criteria: Creativity; Usefulness to the Community; Balance of Technical Complexity and Elegance; and Extent of use of the Platform Diverse Capabilities (the “Secondary Judging Period”). In the event of a tie, the Entry among the tied Entries with the highest score in the Creativity category will be declared the higher scoring Entry. User Voting. The twenty-five (25) highest scoring Entries following the Secondary Judging Period (the “Finalists”) will be posted online beginning on or about 12:01 a.m. ET on November 1, 2008 and continuing through 11:59:59 p.m. ET on November 30, 2008 (the “User Voting Period”). All Finalist Entries will be posted on Sponsor’s website at www.skywaycup.org and available for public viewing and voting by registered Skyway Users. During the User Voting Period, all registered Skyway Users worldwide are free to cast a vote for the best Entry(ies) for up to three Entries, with a maximum of one vote per Entry. Final Judging: The Judges will judge the Finalist Entries based on Entry scoring during the Secondary Judging Period (75%) and public opinion as evidenced by Skyway User voting results (25%). In the unlikely event of any ties, the Entry among the tied Entries that received the highest score in the Creativity category during the Secondary Judging Period will be declared the higher scoring Entry. During the Secondary Judging Period and/or the User Voting Period, and prior to selection of winners, the Finalists may be notified by Sponsor by email or telephone, and asked to supply Sponsor with certain assurances and to acknowledge and confirm their status and eligibility to win Prizes by (a) providing Sponsor with a valid, government issued photo ID demonstrating proof of age and residency. Any Entrant who cannot be contacted at his or her email address or phone number submitted with the Entry, is contacted and does not respond as directed within seventy-two (72) hours of attempted notification, is ineligible to win a prize, or refuses to or otherwise does not provide Sponsor and/or its Agents with the foregoing assurances and requested documents within no fewer than seventy-two (72) hours of attempted notification and/or the date otherwise specified by Sponsor for response will immediately become disqualified from consideration for and ineligible to win a prize. Winners will be notified on or about December 15, 2008 in an email sent to the email address provided with the Entry, or by telephone. Other than notification of winning Entries, Entrants will not be provided with any judging reports or summaries. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Any potential winner who cannot be contacted at the email address or telephone number provided with the Entry within fifteen days of attempted first notification, who is contacted and does not respond or refuses the prize within 15 days of attempted first notification, or who does not comply with the Official Rules or is otherwise ineligible to win a prize will immediately become disqualified and will forfeit his/her prize. Potential prize winner(s) may be required to sign and return an Affidavit or Declaration of Eligibility, and Liability/Publicity Release within 15 days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. Decisions of the Judges are final and binding.
6. PRIZES AND APPROXIMATE RETAIL VALUE: Honorable Mention (twenty-two): Twenty-two Honorable Mention Winners will each receive a check in the amount of Two Hundred Fifty Dollars (USD $250) Approximate Value of all prizes: Forty Thousand Five Hundred Dollars (USD $40,500). Odds of winning any prize depend upon the number of eligible Entries received in this Contest and the relative skill of each Entrant. Prizes are not transferable. No substitution of prizes for other goods and services is permitted, except Sponsor reserves the right to provide a substitute prize of approximately equal or greater value, for any or no reason. All other expenses not specified herein are the responsibility of the winner. Check prizes will be awarded in US Dollars. Any and all costs associated with currency exchange are the sole responsibility of the winner. Winners may be required to provide proof of identity at any time in order to claim prize. Allow 4-6 weeks for shipping. ALL TAXES AND ANY APPLICABLE WITHHOLDING AND REPORTING REQUIREMENTS ARE THE SOLE RESPONSIBILITY OF THE WINNER. 7. CONDITIONS OF PARTICIPATION: All federal, state, provincial and local laws and regulations apply. Submission of entry into this Contest deems that Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Entries are free of charge. To the extent permitted by law, Entrants and Winners assume sole liability and accept all risk of loss for injuries, including personal injuries and/or damage to property, caused or claimed to be caused by participating in this Contest or the acceptance, possession, shipping and handling, loss, use or misuse of, or travel to or from or in connection with, any prize awarded. Except where prohibited by law, Entrants expressly and irrevocably agree to Sponsor’s free of charge use and posting of the Entrant’s first and/or last name, hometown, place of residence, photo(s), voice and/or likeness, on television, radio, publications and the Internet, including on Sponsor’s and/or its Agent’s respective websites for the purpose of administering the Contest in accordance with the Official Rules, e.g. for public viewing and voting, or for any other purposes including without limitation, by making them available for download. By entering this Contest, Entrants agree that (a) Sponsor and its Agents shall have no obligation (express or implied) to use any of the Entries in any manner and the corresponding Entrants shall not be entitled to any damages or other relief by reason of Sponsor’s and/or its Agent’s use or non-use of any Entry; and (b) to be contacted by Sponsor and/or its Agents by telephone, mail or email regarding this Contest. To the extent permitted by law, Entrant agrees to hold Sponsor and its Agents, and their 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 won. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. An Entrant may be prohibited from participating in this Contest if, in the Sponsor’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of this Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, the Sponsor or its Agents or in any other way damages the name, trademarks and/or reputation of the Sponsor or its Agents. In the event a winner/potential winner’s employer has a policy that prohibits the awarding of a prize to an employee, the prize will be forfeited and an alternate winner will be selected. If there is a dispute regarding the identity of an Entrant, the Entry will be deemed submitted by the person in whose name the Entrant’s email account is registered. Sponsor reserves the right to terminate or amend the Contest at any time for any or no reason. Entrants agree that to the extent permitted by law these Official Rules are governed by and all claims must be resolved under the laws of the To the extent that the terms and obligations of this Section 7 and the terms and obligations of the 2008 Skyway Cup Contributor Agreement conflict, the terms of this Section 7 shall govern.
8. DATA PRIVACY: Entrants agree that personal data provided by them as specified in these Official Rules may be processed, stored and otherwise used by the Sponsor and its Agents for the purposes of administering the Contest and any other purposes outlined in these Official Rules or as permitted by law. The data may also be used by the Sponsor and its Agents in order to check Entrants' identity, postal address and telephone number, or to otherwise verify their eligibility to participate in the Contest. Please note that the Sponsor and its Agents may be located in countries that do not offer an equivalent level of protection of personal data as the Entrants' country of residence. Entrants have a right to access, review, rectify or cancel any personal data held by the Sponsor by writing to Sponsor (Attention: 2008 Skyway Cup Contest Administrator) at the address listed below in Section 12. If Entrant’s data is not provided or is inaccurate, Entrant’s Entry will be ineligible and disqualified. By entering the Contest, Entrant agrees that all personal details that have been provided will be transmitted to Sponsor’s and/or its Agents’ offices in
9. WARRANTY AND INDEMNITY: By entering, Entrant warrants that (a) the Entry contains only Original Creations other than any disclosed and properly licensed and documented third party open source libraries, (b) other than any disclosed and properly licensed and documented third party open source libraries, the Entry does not contain any third party copyrighted materials; (c) the Entry does not violate or infringe the rights, including, without limitation, copyrights, trademark rights or rights of publicity/privacy, of any third party; and (d) the Entry, use of the Entry by Entrant, Sponsor or its Agents as described in these rules, and transfer of ownership in the Entry requires no additional permissions relating to the copyright of the Entry and/or any trademarks or other intellectual property or proprietary rights. By accepting Entries in this Contest, Sponsor accepts no responsibility or liability for any breach of contract or any infringement or other violation of copyright or any other intellectual property right or proprietary rights. Each Entrant agrees not to submit any Entry that (a) infringes any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, publicity right, patent, trade secret or confidentiality obligation; or (b) otherwise violates applicable law in any countries in the world. To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified the Sponsor and its Agents at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified the Sponsor and its Agents at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Sponsor and its Agents will or may become liable by reason of or related or incidental to any act, default or omission by an Entrant under these Official Rules including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, of applicable law or these Official Rules by such Entrant. To the extent that the terms and obligations of this Section 9 and the terms and obligations of the 2008 Skyway Cup Contributor Agreement conflict, the terms of this Section 9 shall govern. 10. ENFORCEABILITY: 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.
11. WINNER’S LIST: For a list of winners’ names, log ontowww.skywaycup.org on or about December 20, 2008, available for a period of up to sixty days.
12. SPONSOR: The Sponsor of this Contest is Skyway Software, Inc., A copy of these Official Rules will be mailed free of charge to anyone requesting them. Postage for the request will be refunded at the economic postage rate, upon request made simultaneously with the request for the Rules. In order to request a copy of these Rules, please contact the Sponsor in writing at the above address. © 2008 Skyway Software, Inc. All Rights Reserved. |
Skyway Cup
