Wild Card Terms & Conditions

SAMSUNG ELECTRONICS (UK) LIMITED
“WILD CARD” DEVELOPER CHALLENGE 2011

Updated: August 15, 2011

TERMS AND CONDITIONS
By entering this competition (the “Competition”) you agree to be bound by these terms and conditions (the “Terms and Conditions”).   Any information or instructions published by the Promoter about the competition at: www.badastudentdeveloperchallenge.com forms part of the Terms and Conditions.
A participant may enter as an individual or as a member of a team (there is no limit on the size of a team).  If you are entering on behalf of a team, you represent and warrant that all the members of the team have consented to you entering this Competition on their behalf.  For the purposes of the Terms and Conditions references to “Participant(s)” shall cover those entering the Competition on an individual basis and/or as part of a team.
As described in the “Entry” section below, all Participants must agree to the Samsung Apps Seller Office Terms and Conditions (the “Samsung Seller Office Terms and Conditions”) in order to participate in the Competition: http://seller.samsungapps.com/help/termsandconditions.as.  The Samsung Seller Office Terms and Conditions provide a licence to Samsung enabling it to make the Participant’s Application available on its products worldwide, and requires that any revenue (if any) obtained from the sale or provision of the Application is split between the Participant (70%) and Samsung (30%).

The Promoter

1. The promoter of this Competition is Samsung Electronics (UK) Limited, Samsung House, 1000 Hillswood Drive, Chertsey, Surrey, KT16 0PS (the “Promoter” or “Samsung”).
2. This Competition is being operated on the Promoter’s behalf by Steel Media Limited, The House, Kelston Park, Bath, BA1 9AE (“Steel Media”).

Competition Period

3. The Competition is open from 00:00 on 15 August 2011 until 00:00 on 1 January 2012 (the “Competition Period”).
4. The Competition comprises 2 stages:
1. The First Round: which will run for the Competition Period.
2. The Grand Final: which will be held on 24th January 2012.

Eligibility

5. This Competition is open to UK residents aged 18 or over only.
6. Employees or agents of the Promoter/Steel Media or any of its group companies or their families or households or anyone professionally connected to this Competition are not eligible to enter.
7. No purchase is necessary to enter.

Prize

8. The prize is: 1 x Samsung Galaxy Tab 10.1 tablet handset (the “Prize”).
9. The Prize is non-transferable and may not be substituted by the winner.  The Promoter may substitute a prize of equal or greater value.

Entry

10. Participants must do the following prior to the commencement of the First Round:
1. Register at: www.badastudentdeveloperchallenge.com and provide all required information including: a team name and contact person (the “Team Captain”) (as applicable), a contact e-mail address and a list of the Participants in your team (as applicable);
2. Visit http://seller.samsungapps.com/help/termsandconditions.as and confirm that you agree to be bound by the Samsung Seller Office Terms and Conditions.  For the avoidance of doubt, if you are entering on behalf of a team, you represent and warrant that all the members of the team have consented to you accepting the Samsung Seller Office Terms and Conditions; and
3. Download the Samsung Software Development Kit (“SDK”) from: http://developer.bada.com.
11. Participants must use the SDK to develop bada code that operates and runs on a bada mobile phone handset (the “Application”).
12. Participants must submit a completed Application together with all required information (the “Entry”) to: wildcard@badachallenge.com within the Competition Period.
13. Entries must be submitted by the Participant, and must not be submitted through agents or third parties.
14. Entries that are incomplete or damaged will be deemed invalid.  No responsibility is accepted by the Promoter for lost, delayed or damaged data which occurs during any communication or transmission.
15. Participants may enter the Competition more than once.
16. The Promoter reserves the right at its absolute discretion to disqualify Entries which it considers do not comply with these terms and conditions or any Participant whom it reasonably believes has interfered with the fair running of the Competition.
17. The Promoter shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid claims or Entries including, without limitation, to require further verification as to the identity and other relevant details of a Participant.

Content Guidelines and other restrictions

18. Any text, videos, images, software or any other content (the “Content”) which are submitted by the Participant as part of and/or with any Entry (including, for the avoidance of doubt, the Application) must adhere strictly to the following content guidelines (the “Content Guidelines”) for the Competition:
1. The Content must be in the English Language.
2. The Content must be the Participant’s own original creation and must not infringe any third party intellectual property.
3. The Content must not display any images or videos, and must not contain any background music, which are not the Participant’s own original creation or which are not fully licensed by the relevant content provider.
4. The Content must not infringe the rights of, or be defamatory or libellous about, any person.
5. The Content must not display the image or likeness of any person or any information about any person unless the Participant has obtained that person’s permission.
6. The Content must be suitable for a person of any age to view and must fully comply with the law and all regulations.
7. The Content must not contain or display any words, images or sounds which are considered, at the Promoter’s sole discretion, to be offensive, sexually explicit, rude, disparaging or otherwise inappropriate.
8. The Content must not contain anything which, if published, would adversely affect the reputation of the Promoter.
9. The Content must not show, provide advice in relation to, or otherwise make reference to: (i) any illegal activity; (ii) any money making scheme or opportunity; (iii) any religion; (iv) any political party or any overtly political views; (v) violence towards or abuse of humans or animals; or (vi) self-harm or suicide.
10. The Content must comply with any further content guidelines provided by the Promoter in the Samsung Seller Office Terms and Conditions, on http://developer.bada.com  or otherwise published in connection with this Competition.
19. Entries containing any Content that does not comply with the Content Guidelines will be deemed invalid.

Winner Selection

20. At both stages of the Competition all relevant Entries shall be reviewed and judged by a panel of judges comprised of employees or agents of the Promoter/Steel Media and at least one independent judge.  The full name of the independent judge(s) shall be made available at: http://www.badastudentdeveloperchallenge.com.
21. The judging process shall operate as follows:
1. The First Round:  The panel of judges shall review all of the Entries applying the following criteria: (a) level of innovation of the Application; (b) suitability of the Application for the bada platform; (c) commercial feasibility of the Application; and (d) quality of the Application, (together the “Winning Criteria”).  The 10 Entries which best meet the Winning Criteria will the “Shortlisted Entries”, and the Participants which submitted the Shortlisted Entries shall be eligible to proceed to the Grand Final.
2. The Grand Final: The Shortlisted Entries will be reviewed by the panel of judges applying the Winning Criteria.  The Shortlisted Entry which best meets the Winning Criteria shall be the “Winning Application” and the Participant which submitted the Winning Application shall be the winner (the “Winner”).
22. The panel of judges’ decision is final.
23. No correspondence or negotiation will be entered into by the Promoter concerning the judges’ decision.
24. In the event that the judges acting reasonably believe that all of the Entries are of an insufficient quality to be awarded the Prize then the judges reserve the right to cancel the Competition and withhold the Prize.
25. The Promoter will make a reasonable attempt to notify the Participants whose Application has been nominated as a Shortlisted Entry using the email address provided at the time of entry within 1 week.
26. The Winner will be announced at the Grand Final and will receive the Prize at the Grand Final.  The Winner shall be subject to verification by the Promoter/Steel Media to ensure that the Winner is eligible to receive the relevant prize in accordance with these terms.
27. The name of the Winner will also be published on http://www.badastudentdeveloperchallenge.com.
28. For the avoidance of doubt, in the case of a team, the Team Captain shall fairly agree how the Prize shall be used/distributed amongst the members of his or her team (a list of team members must be agreed prior to Entry),  Samsung cannot be held responsible to individual Participants once the Prize has been awarded.

Licence

29. As set out in clause 10(b) above, Participants must agree to the Samsung Seller Officer Terms and Conditions.
30. For an initial period of 6 months after submission to the Samsung Apps store, Applications created for entry to this Competition must remain exclusive to the bada platform unless otherwise agreed with Samsung.
31. The Promoter may publish on any of its websites or any social networking website any and all Content received by it in connection with this Competition at any time and for any reason.
32. Subject to clause 30 above (i.e. in relation to Applications created for entry to this Competition) all Participants hereby provide a non-exclusive, royalty-free, irrevocable, perpetual, transferable licence to the Promoter to use the Content submitted for any purpose, including without limitation for advertising the Promoter’s products.  Each Participant hereby waives all moral rights they have in the Content submitted to the fullest extent permitted by law.
33. Each Participant warrants that they are the person who created the Content submitted to this Competition and that all Content adheres to and complies with the Content Guidelines.  Each Participant shall indemnify the Promoter and hold it harmless from and against any losses, damages, liabilities, obligations, claims, actions and demands, including without limitation reasonable legal fees, arising directly or indirectly from any breach of warranty set out in this clause.

Privacy and Data Protection

34. By entering the Competition, Participants agree and consent to the Promoter and any of its affiliates using the Content submitted for any purpose.  If the Content shows the Participant’s face and/or likeness, the Participant hereby consents to such face and likeness, together with the Participant’s full name, and any other personal information revealed in the image or video, being made publicly available.
35. The Promoter reserves the right to publish the names of all Participants in connection with this Competition.
36. The Promoter may use any personal information submitted by Participants and/or in the Content to advise Participants of future promotions and to provide information about products of the Promoter or its associated companies that may be of interest. The Participant hereby consents to such personal information being used for this purpose and confirms that it agrees with the Promoter’s privacy policy available at http://www.samsung.com/uk/info/privacy.html. The Participant may withdraw consent to such use of personal information by writing to the Promoter or by using the opt-out process outlined in the Promoter’s privacy policy.
37. Other than as set out in these terms and conditions or for the purposes of operating the Promotion, the details and information provided by the Participant when entering the Promotion or claiming a prize will not be used for any promotional purpose, nor shall they be passed to any third party.

Special terms for the winner of the Prize

38. By accepting the prize, the Winner:
1. agrees to take part in media interviews including but not limited to magazine, television and radio interviews;
2. agrees to be photographed by the Promoter for the purposes of promoting the Competition and the Promoter’s products; and
3. agrees to participate in the Promoter’s other reasonable marketing and promotional activities.

General

39. The Promoter shall not be liable for any interruption to this Competition whether due to force majeure or other factors beyond the Promoter’s control.
40. The Promoter reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to vary the terms and conditions of this Competition.
41. The Promoter will not be responsible or liable for: (a) any failure to receive submissions due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or entries; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses or damages caused by events beyond the control of the Promoter; or (e) any printing or typographical errors in any materials associated with the Competition.
42. By entering the Competition, the Participant agrees that neither the Promoter nor Steel Media shall be liable for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Competition or with the acceptance, possession, or use of any prize (except any liability for death or personal injury caused by the Promoter’s negligence, for fraud, or any other liability which may not be excluded under applicable law).
43. This Competition is governed by English law and by entering the Competition, the Participant submits to the exclusive jurisdiction of the English courts.

Click here to see the bada Student Developer Challenge Terms & Conditions