GLOBALGIVING “INNOVATE FOR GOOD” DEVELOPER CONTEST TERMS & CONDITIONS
Following terms and conditions (the “Terms and Conditions”) shall apply to the GlobalGiving Innovate for Good Contest (detailed below). For the purposes of these Terms and Conditions, the term GlobalGiving, when used with reference to a legal entity, shall mean GlobalGiving Foundation. The GlobalGiving Innovate for Good Contest is detailed below (the “Contest”):
The Contest shall run from 3rd December 2009 to 3rd March 2010 (“the Contest Period”). GlobalGiving can curtail or extend the Contest Period, as it deems necessary.
The Contest shall be valid in the United States only.
The Contest is open to any web developer—novice or professional.
The Participant shall be registered on the GlobalGiving Developer Forum, a Google Group site, and shall have successfully submitted an Application Idea and link to an application prototype or fully working application, hosted on their own web servers, in the same location to be eligible for the Contest.
An employee, agent or a relative of an employee of GlobalGiving, or eBay Inc, shall not be eligible to participate in the Contest.
Each Participant must ensure that his/her participation in the Contest is lawful and is in accordance with the applicable laws.
A Participant must ensure that his/her 1-page application summary and link to their application prototype—or fully working application—is posted on the GlobalGiving Developer Forum groups.google.com/group/globalgiving-api on or before 3rd March 2010 (11:59 PM EST). GlobalGiving shall not be responsible for any delays, losses or mutilation of entry forms.
No participation or other fee is required to be paid for participating in the Contest.
The Participant agrees to provide GlobalGiving current, complete and accurate information.
GlobalGiving reserves the right to reject any application entry without assigning any reason thereof. Any decision taken in this regard shall be final and binding, and not subject to any dispute or challenge.
The Participants hereby waive all rights and grant to GlobalGiving a royalty-free, non-exclusive, perpetual worldwide license to copy, modify and otherwise use and distribute their submission entry and/or any element of the submission, in any and all media, and in any publication whether online, offline or on the internet. GlobalGiving shall also be free to use any ideas, concepts, know-how or techniques contained in such submissions or materials for any purpose.
GlobalGiving does not make any commitment, express or implied, to respond to any feedback, suggestion and/or queries of the Participants or furnish reasons for inclusion and/or exclusion of any particular submission of the Participant at any stage of the Contest.
Participation in the Contest shall be construed as an acceptance of the Terms and Conditions stipulated herein. Any breach or default by a Participant of any of the Terms and Conditions herein shall result in immediate disqualification without notice.
The Participant undertakes and declares that for participating in the Contest, he/she shall not use any unauthorized or pirated software. In the event a Participant is found to be doing so, the Participant shall forthwith be disqualified from the Contest.
The GlobalGiving officials engaged in the organization and management of the Contest, including its directors, officers, partners, employees, consultants and agents are under no obligation to render any advice or service to any Participant in respect of the Contest.
Any attempt by a Participant to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of Criminal and Civil Laws, and should such an attempt be made, GlobalGiving reserves the right to seek damages from any such Participant to the fullest extent permitted by law.
At the conclusion of the Contest Period, all eligible Applications submitted to GlobalGiving via its Developer Forum (submitted in accordance to the specified guidelines) will be reviewed by a panel of qualified judges based on the judging criteria set forth to determine the top-3 Prize Winning Applications. Decision of the Judges shall be final and binding.
Please refer to: globalgiving.org/api-contest to get a list of requirements that needs to be fulfilled for the submission to be eligible for judging.
The following deliverables should be part of the submission for it to be eligible for Contest Judging:
eBay GivingWorks API for enabling people to search and buy items on ebay.com that benefit GlobalGiving projects developer.ebay.com/DevZone/shopping/docs/CallRef/FindItemsAdvanced.html and successfully submitted at: [google groups submission area url] The name(s) of the selected Participant(s) shall be announced through the event website: globalgiving.org/api-contest. All selected Participants shall be informed through the Contest Website and by the email address and phone number provided in their registration form. Participant(s) shall have thirty (30) days from date of notification of their selection to respond at the notified place. Failure to respond within this period shall result in forfeiture of the Benefits.
The decision on the Participants selected by GlobalGiving shall be final and binding, and no correspondence or communication shall be entertained in this regard.
GlobalGiving shall be entitled to use, in any manner, the name, photographs and other details of the Participant or any other participating person, likeness and status in any publication including the Benefits awarded to them, if any. By participating in the Contest, all Participants hereby agree to the same. GlobalGiving may, at its discretion, choose not to disclose the identity of the selected Participant to other Participants.
Benefits shall neither be transferable nor exchangeable for cash or otherwise. More participation in the Contest shall not entitle a Participant to the Benefits. No other person or agent can claim the benefits on behalf of the Participant.
In the event Benefits involve travel, the selected participant shall be responsible for procuring and paying the cost of all the legal documents and procedures in order to travel, including passports, visas, taxes and any other documents. All travel arrangements relating to the Benefits are subject to availability, as determined in GlobalGiving’s sole discretion.
Taxes and other levies imposed by any relevant applicable government or tax authority, as well as other costs including, insurance and incidental costs, that may be levied or incurred on the Benefits shall be fully borne by the selected participants. All benefits shall be subject to deduction or recovery of applicable withholding taxes.
Subject to any applicable law: (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly disclaimed by GlobalGiving including, but not limited to, meeting of the Participant's requirements or aspirations, timeliness, security, the results or reliability of any Contest, or the delivery, quality, quantity, merchantability, fitness for use or non infringement in respect of any goods, services, benefits or awards acquired or obtained through the Contest or any transactions effected through the Contest; (b) The Participant expressly agrees that his/her participation in the Contest offered by GlobalGiving is at the Participant's sole risk and is governed by the Terms and Conditions herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the website or through the Contest shall be construed to mean the giving of any warranty of any kind by GlobalGiving.
Nothing in the Contest shall affect any intellectual property rights of GlobalGiving in any product or service, which may be the subject matter of the Contest.
All perpetual and worldwide intellectual property rights, including any copyright in the applications developed by the Participants and, or, their submissions, feedback, material and the like shall be owned by GlobalGiving. GlobalGiving shall be entitled to exploit the same in any manner whatsoever.
The Contest shall be governed by and construed in accordance with the laws of District of Columbia, The United States of America. Any disputes, differences and, or, any other matters in relation to and arising out of the Contest and, or, pertaining to the rules and regulations and, or, the Terms and Conditions shall be referred to arbitration under the Arbitration & Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator to be appointed by GlobalGiving. The venue of arbitration shall be District of Columbia, USA.
The Participant undertakes to indemnify and keep GlobalGiving harmless and indemnified against any loss, damage, claims, costs and expenses which may be incurred or suffered by GlobalGiving due to breach of any Terms and Conditions contained herein by the Participant and/or infringement or violation of any patent, copyright, trademark, trade secret or other proprietary right of a third party by the Participant and, or, arising from the participation of the Participant in the Contest.
In addition to these Terms and Conditions, other specific terms may be imposed by GlobalGiving any time to deal with any unforeseen situation. GlobalGiving also reserves the absolute right to change the Terms and Conditions contained herein and, or, any other rules and regulations in respect of the Contest at any time without any notice, without assigning any reason and without any liability whatsoever. Participants are requested to refer to such other terms and conditions, if any, which may be displayed on-line or intimated separately as GlobalGiving considers fit. However, no obligation is cast on GlobalGiving to separately intimate each individual Participant with regard to such additional terms and conditions.
GlobalGiving also reserves the right to withdraw or discontinue with the Contest at any stage without any liability whatsoever to the Participant and, or, anyone.
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