From Tonido Support
2011 Tonido Developer Challenge
Terms and Conditions
1. DESCRIPTION: The 2011 Tonido Developer Challenge ("Challenge") is designed to motivate and reward Participants who develop innovative, creative, functional and original applications for the Tonido Platform. Prizes will be awarded to those Participants who submit the best Entries as determined in the sole discretion of the Judges. No purchase necessary to enter or win. Participants are still free to choose how to list their apps in the Tonido App store (paid or free) and they don't lose any any other associated privileges associated with listing their apps on the Tonido App Store just because they participate in the challenge.
2. SPONSOR: The Challenge is sponsored by CodeLathe LLC. ("CodeLathe"), a Texas LLC with principal place of business at Plano, TX.
3. BINDING AGREEMENT: In order to enter the Challenge, you must agree to these Terms and Conditions ("Terms"). Therefore, please read these Terms prior to entry to ensure you understand and agree. Once the Participant submits an entry the Terms form a binding legal agreement between each Participant and CodeLathe with respect to the Challenge and each submission made by the Participant. Participants may not submit an entry to the Challenge and are not eligible to receive the Prizes described in these Terms unless they agree to these Terms. If a Participant is part of a team, each member of the team must read and agree to these Terms.
4. ELIGIBILITY: The Challenge is open to individuals, teams of individuals, and business entities (each individual, each team, each individual member of a team, and each entity is referred to as a "Participant" in these Terms) worldwide, except as set forth below, who have agreed to these Terms (as described in Section 3) and who are of the legal age of majority, at the time of entry, to form valid contracts in their respective country, province or state of legal residence and meet any applicable U.S., national, state, local, or provincial legal requirements for participation. The Challenge is void in, and not open to residents of, Cuba, Iran, Syria, North Korea, Sudan, Myanmar, or to individuals and entities restricted by U.S. export controls and sanctions, and is void in any other nation, state, or province where prohibited or restricted by U.S. or local law.
5. CHALLENGE TIMELINE: All Entries must be submitted before the end of the Submission Period. The Submission Period ends at 11:59:59 P.M. Central Time (CST) Zone in the United States on December 30, 2011.
6. REGISTRATION: All Participants must provide certain registration information when submitting an Entry, including but not limited to full name, mailing address, and working email address ("Registration Information"). Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry, and any potential Prize recipient may be required to show proof of being the authorized account holder for that email address. The "authorized account holder" is the natural person assigned to an email address by the relevant provider of email services. Individuals and teams of individuals must provide the Registration Information for each and every individual involved with the Entry and every individual who is part of the team must agree to the Terms in the manner specified by CodeLathe. Participants registering as a Business Entity must provide this information for an individual vested with the legal authority to bind the Business Entity to these Terms. All Participants awarded Prizes must verify their identity with CodeLathe before any Prizes are distributed.
7. SUBMISSION PERIOD
a. SUBMISSION OF ENTRIES: To qualify for a Prize, an "Entry" to the Challenge consists of an original application that is written using a version of the Tonido Platform Software Development Kit ("SDK") (available at http://developer.tonido.com) that validly executes on a current version of Tonido software.
A Participant may submit more than one Entry.
b. LANGUAGE: Entries must, at a minimum, support English language use but may also support other languages at the discretion of the Participant.
c. CONTENT: In addition, any Entry containing sexual, violent, abusive, harassing, offensive, or insulting content may be disqualified. All determinations regarding compliance with these content policies will be made at CodeLathe's sole discretion and will be final and binding.
8. JUDGING: All eligible submitted Entries will be judged by CodeLathe Team and selected Tonido end users who choose to participate in judging ("Community Judges") in the same order as they are submitted.
a. SELECTION: For Judging, the Judges will consider each Entry under the following judging criteria:
- Originality of Concept--Does the application introduce a great new idea; for example, a new angle on applications?
- Effective Use of the Tonido Platform--Does the application take advantage of Tonido's unique and compelling features?
- Polish and Appeal--Is the application easy to use and aesthetically appealing?
- Indispensability--Is the application compelling and essential, such as a utility a user can't live without?
The first three Qualifying Entries that are considered to be acceptable in all four criteria will win the prizes associated with this challenge.
b. NOTIFICATION: Participants who are chosen as potential Prize recipients will be notified by email on or about Dec 30, 2010.
9. GENERAL CONDITIONS: Prizes are awarded without warranty of any kind from CodeLathe, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All federal, state, provincial and local laws and regulations apply. Submission of Entry into this Challenge deems that Participants agree to be bound by these Terms and by the decisions of CodeLathe and the Community Judges, which are final and binding on all matters pertaining to this Challenge. Under no circumstances shall the submission of an Entry in the Challenge, the awarding of a Prize, or anything in these Terms be construed as an offer or contract of employment with CodeLathe. Failure to respond to notification of potential award of a Prize may result in disqualification and selection of an alternate Prize recipient. A Participant may be prohibited from participating in this Challenge if, in CodeLathe's sole discretion, it reasonably believes that the Participant has attempted to undermine the legitimate operation of the Challenge by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Participants, CodeLathe or the Community Judges. You acknowledge and understand that CodeLathe and/or other developers may independently develop applications that may be similar to or identical to your Entry in terms of theme, idea, function, or in other respects. You agree that you will not be entitled to any rights in, or compensation in connection with, any such similar or identical applications and/or ideas. You acknowledge that you have submitted your Entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and CodeLathe and that no such relationship is established by your submission of an Entry to CodeLathe under these Terms.
You acknowledge that Entries may be subject to United States export laws, regardless of location or nationality. You agree to comply with all applicable export controls, including, but not limited to, the United States Department of Commerce's Export Administration Regulations, sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control, and any export laws applicable in your country of residence. You warrant that all of your Entries are authorized for export from the United States under these laws.
- The data controller is CodeLathe and the data recipients are CodeLathe and its agents;
- Your data is collected for purposes of administration of the Challenge;
- You have a right of access to and withdrawal of your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, You may write to: email@example.com.
- Your personal data will be transferred to the U.S.
11. WARRANTY AND INDEMNITY: All Participants warrant that their Entries are original and that they are the sole and exclusive owner and rights holder of the submitted Entries and all included content, that no third parties will make any challenges or claims as to ownership or fraud, and that they have the right to submit the Entries in the Challenge and grant all required licenses. Each Participant warrants that the Participant has not submitted any Entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable U.S. law or the law of the Participant's country of residence.
To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified CodeLathe at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless CodeLathe, and the Judges, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the Challenge; (c) any non-compliance by the Participant with these Terms; and (d) claims brought by persons or entities other than the parties to these Terms arising from or related to the Participant's involvement with the Challenge. To the extent permitted by law, Participant agrees to hold CodeLathe, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Challenge and/or use or acceptance of any Prize, except to the extent that any death or personal injury is caused by the negligence of CodeLathe.
12. ELIMINATION: Any false information provided within the context of the Challenge by any Participant including information concerning identity, mailing address, telephone number, email address, or ownership of right, or non-compliance with these Terms, or the like may result in the immediate elimination of the Participant from the Challenge. CodeLathe further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Terms, or violates U.S. or applicable local law in Participant's country of residence.
13. NETWORKS: CodeLathe is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. CodeLathe is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. CodeLathe is not responsible for inaccurate transmissions of or failure to receive entry information by CodeLathe on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of CodeLathe. If for any reason the Challenge is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Challenge, CodeLathe reserves the right at its sole discretion to cancel, terminate, modify or suspend the Challenge. CodeLathe further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the Challenge. Any attempt by a Participant to deliberately damage any Web site or undermine the legitimate operation of the Challenge is a violation of criminal and civil laws and should such an attempt be made, CodeLathe reserves the right to seek damages from any such Participant to the fullest extent of the applicable law.
14. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Terms shall be governed by, subject to, and construed in accordance with the laws of the State of Texas, United States of America, excluding all conflict of law rules. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Challenge are hereby excluded, and all Participants expressly waive any and all such rights.
15. WINNER'S LIST: You may request a list of winners after December 30, 2011 by writing to: