BLACKBERRY DEVELOPER INCENTIVE PROGRAM – UNITY TECHNOLOGIES
OFFICIAL PROGRAM TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN THE BLACKBERRY® DEVELOPER INCENTIVE PROGRAM ("PROGRAM"). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF RECEIVING A REWARD. THESE TERMS AND CONDITIONS APPLY TO THE PROGRAM, WHICH IS SPONSORED BY BLACKBERRY LIMITED DBA BLACKBERRY ("SPONSOR") IN PARTNERSHIP WITH UNITY TECHNOLOGIES ("PARTNER"). YOU MUST REGISTER FOR THE PROGRAM IN ORDER TO PARTICIPATE. BY PARTICIPATING IN THE PROGRAM, YOU ARE DEEMED TO HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS AND CONDITONS.
1. ABOUT THE PROGRAM:
Develop a BlackBerry 10 app ("App") with Partner software ("Software") available at http://unity3d.com ("Website"), make it available for sale or download on BlackBerry World and you could receive a Reward as defined in section 5. To post your App for sale or download on BlackBerry World, participants must review, agree and sign up to the RIME Store Vendor Agreement available at http://ca.blackberry.com/legal/blackberry-app-world-vendor-agreement.html ("Vendor Agreement"). If a participant is unable to sign or agree to comply with the Vendor Agreement, either themselves or via their parent/legal guardian, they will not be eligible to successfully complete the Program and will not be eligible for a Reward.
2. PROGRAM PERIOD:
The Program begins at 12:00:01AM Eastern Time ("ET") on July 22, 2013 and ends at 11:59:59PM ET on February 28, 2014 ("Program Period").
The Program is open and offered only to those who are, at the time of participation 15 years of age or older and who qualify as a vendor ("Vendor") under the terms of the Vendor Agreement. Program is void where prohibited or restricted by law. Participants under the age of majority in their jurisdiction of permanent legal residence must have their parent or legal guardian sign any required documents on their behalf. Eligible participants in this Program are referred to herein as Vendors.
Employees, contractors, directors and officers of Sponsor and their parents, affiliates, subsidiaries and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and households of each, whether or not related, are not eligible to participate.
By participating in this Program, Vendors agree to abide by these Terms and Conditions and the decisions of Sponsor or their authorized representatives, which shall be final and binding on all matters relating to this Program.
4. HOW TO PARTICIPATE:
To participate, go to the Website and follow the instructions to register for the offer ("Registration"). To be eligible for a Reward, you must do the following:
i. Receive an email invitation to participate in the program from Partner
ii. Download the Software from the Website;
iii. Using the Software, develop an App;
iv. Submit the App to BlackBerry World in either "Draft" or "For Review" form; and,
v. Post the App for sale or download on BlackBerry World before the end of the Promotion Period.
By submitting an App, you warrant and represent that: (a) it is your original work; (b) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property, proprietary property or other rights of any person or entity; (c) the development of the App complies with the spirit and letter of these Terms and Conditions and does not circumvent the Reward process in any way; and, (d) that publication of the App via various media as permitted via the Vendor Agreement, including internet/online posting, will not infringe on the rights of any third party ("Reps and Warranties"). Sponsor reserves the right to disqualify any Apps that do not comply with these Reps and Warranties.
A total of 800 rewards ("Rewards") for each of the following two (2) Reward categories are available to Vendors:
i. Reward Category 1:
Those Vendors who have successfully developed an App and submitted it to BlackBerry World in "Draft" or "For Review" form as per section 4(i-iii) inclusive, are eligible to receive a BlackBerry Z10 device ("Device"). If a Vendor receives a Device for completing the requirements to qualify for Reward Category 1, but does not complete the Program entirely to qualify for Reward Category 2, the Vendor may be required to return the Device to Sponsor at Sponsor's sole discretion. In such a case, Sponsor will arrange for the return of the Device at its own expense.
Devices will be delivered to Vendor by courier. Please allow approximately 7 - 14 days for delivery. Activation, airtime, service, accessories and any other costs not specifically identified as included with the Device are the responsibility of Vendor. Sponsor is not responsible for any third-party products or services that Vendors may use with the Device or for any cancellation charges that may incur as a result of returning the Device to Sponsor.
ii. Reward Category 2:
Those Vendors who post the App for sale or download on BlackBerry World before the end of the Promotion Period as per section 4(iv) are eligible to receive a BlackBerry Pro add-on license for Unity Pro for one (1) year ("License"). Upon registration, the BlackBerry Pro add-on license will be temporarily issued to the Vendor's existing Unity Pro License. The term of the License ("License Term") begins as soon as the License has been extended. If the Vendor does not qualify for Reward Category 2 by the end of the promotion period, the License Term will be terminated at the end of the promotion period.
There is a limit of one (1) Reward from each Reward Category per person and per Vendor and a limit of one (1) Vendor account per person. If a person participates as a Vendor under more than one (1) Vendor account, any subsequent Registrations after the first Registration will be disqualified. Rewards are not transferable and must be accepted as awarded with no substitutions in cash or otherwise, except at Sponsor's sole discretion. Sponsor reserves the right to substitute the Reward with an item of equal or greater monetary value if a Reward cannot be delivered as described for any reason. Vendors will be solely responsible for any and all applicable federal, state, provincial, territorial and local taxes and any other costs, expenses and fees associated with accepting and receiving the Reward. In the event any tax withholding is required by law for any Reward, Vendors authorize Sponsor to make the corresponding deduction.
A Vendor may be required to complete, sign and return an Affidavit of Eligibility/Liability Release and, where lawful, Publicity Release, prior to receiving a Reward. Sponsor is not responsible for any change of e-mail address, mailing address and/or telephone numbers of Vendors.
6. TOTAL VALUE OF AWARDS:
The retail value of the Reward that may be received by a Vendor is approximately $2,050USD ($1,500 for Software + $550 for hardware). The total approximate retail value of all Rewards to be awarded is $1,640,000USD
Sponsor is not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Registrations or emails or for any incorrect or inaccurate information displayed on the Website whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Program or by any technical or human error or fraud, which may occur in the processing of Registrations. Sponsor is not responsible for computer system, phone line, hardware, software, cable, satellite, Internet Service Provider (ISP) or program malfunctions, or other errors, failures or delays in computer transmissions or network connections. Sponsor is not responsible for any errors whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to, or in connection with, the Contest including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the processing of Registrations or in any Program-related materials. Sponsor reserves the right at its sole discretion, to disqualify any individual and void his or her Registration, who tampers with the registration process.
8. RIGHT TO CANCEL, TERMINATE, MODIFY OR SUSPEND:
If for any reason any aspect of this Program is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the control of Sponsor, subject to applicable laws, Sponsor may in its sole discretion cancel, terminate, modify or suspend the Program. In the event the Program is cancelled or terminated, Vendor will not be entitled to any compensation from Sponsor or any other party as a result.
By entering, and to the extent permitted by applicable laws, entrants agree: (a) to release Sponsor and any third party retained by or on behalf of Sponsor for the purposes of executing and administering the Program and each of their respective parents, affiliates, subsidiaries, retailers, distributors, sales representatives, distributors, advertising, promotion and judging agencies and all other service agencies and providers involved with this Program and each of their officers, directors, employees and agents (collectively, "Released Parties") from any and all liability, loss or damage incurred with respect to their participation in the Program and the awarding, receipt, possession, and/or use or misuse of any Reward, except to the extent that such liability cannot be excluded by law; and, (b) that under no circumstances will they be permitted to obtain awards for, and they hereby waive all rights to claim, any punitive, incidental, consequential or other damages including, but not limited to attorneys' fees or other court costs, other than for actual out-of-pocket expenses.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Vendors. By applying to the Program, you agree that your Submission is gratuitous and made without restriction and will not place Sponsor under any obligation. You acknowledge that, by acceptance of your Submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees or contractors or obtained from other entrants or sources other than you.
11. GOVERNING LAW:
This Program is governed by, subject to and is to be interpreted, construed and enforced in accordance with the laws of Ontario without regard to conflict of law principles. Any dispute under these Official Rules shall be subject to the non-exclusive jurisdiction of the courts of Ontario. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and consent to the jurisdiction of the courts of Ontario. You further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Official Rules.
Any provision in these Official Rules which is held to be invalid or unenforceable for any reason by any court, governmental department, body or tribunal, or in any applicable jurisdiction shall be ineffective to the extent of such invalidity or unenforceability and will not invalidate or render unenforceable the remaining provisions hereof and should any provision be held invalid or unenforceable in an applicable jurisdiction such provision shall not be invalidated or rendered unenforceable in any other jurisdiction.
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