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Apps 4 Climate Action » Contest Rules
June 18, 2010: Contest rules were revised to reflect the extension of the submission deadline. Date changes were made to the following sections: 1.1a, 1.1b, 4.2 and 4.4.
OFFICIAL RULES: "Apps for Climate Action Contest"
IMPORTANT: PLEASE READ THESE OFFICIAL RULES AND REGULATIONS (THE "OFFICIAL RULES") BEFORE PARTICIPATING IN THE APPS FOR CLIMATE ACTION CONTEST (THE "CONTEST") ORGANIZED BY HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, AS REPRESENTED BY THE MINISTER OF ENVIRONMENT, CLIMATE ACTION SECRETARIAT (THE "PROVINCE"). BY PARTICIPATING IN THE CONTEST, YOU REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS IN SECTION 3 BELOW AND HAVE READ AND HAVE AGREED TO BE BOUND UNCONDITIONALLY BY THESE OFFICIAL RULES.
THIS CONTEST IS INTENDED TO BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF BRITISH COLUMBIA (EXCEPT WHERE PROHIBITED BY LAW) AND THE LAWS OF CANADA APPLICABLE TO THE CONTEST. PARTICIPATION IN THE CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.
1. CONTEST PHASES:
1.1 The Contest consists of the following two phases:
(a) The first phase of the Contest begins at 5:00 p.m. PST, March 26, 2010 and closes at 5:00 p.m. PST August 8, 2010 (the "Submission Period"). During the Submission Period, individuals may enter online at http://www.apps4climateaction.gov.bc.ca (the "Website") by registering at the Website, completing the Contest entry form and submitting one or more applications designed to raise awareness of climate change and climate action related issues (each an "Application"), as further described in section 4 below; and
(b) The second phase of the Contest begins at 5:00 p.m. PST, August 11, 2010 and closes at 5:00 p.m. PST, August 29, 2010 (the "Selection Period"). During the Selection Period, (i) individuals may vote online for the Application that, in their opinion, is best suited to raise awareness of climate change and climate change related issues, and (ii) at the same time, a panel of B.C. industry experts (the "Panel") will review and evaluate all Applications submitted during the Submission Period and will select, based on this review and evaluation, Contest winners for each submission category, as further described in section 7 below,
(the Submission Period and the Selection Period are collectively referred to as the "Contest Period").
2. HOW TO PARTICIPATE: NO PURCHASE NECESSARY
2.1 During the Submission Period, individuals may submit one or more Applications online through the Website. There is no limit on the number of Applications that an individual may submit. Subject to the provisions of these Official Rules, including without limitation sections 3 and 4 below, each individual who submits an Application during the Submission Period will be eligible to win prizes, as further described below. Individuals who submit multiple applications will be eligible to win prizes in more than one category. Before submitting an Application, individuals are required to: (a) register at the Website; (b) click on the "Submit" box and complete the Contest entry form; (c) read these Official Rules and the Privacy Statement of the Province; and (d) check the terms and conditions acceptance box to indicate their acceptance of these Official Rules.
2.2 During the Selection Period, individuals may vote online for the Application that, in their opinion, is best suited to raise awareness of climate change and climate change related issues. Each individual is permitted only one vote. Before voting, individuals are required to: (a) register at the Website during the Contest Period; (b) read these Official Rules and the Privacy Statement of the Province; and (c) check the terms and conditions acceptance box to indicate their acceptance of these Official Rules.
2.3 In the event of a dispute as to the identity of the individual who submitted an Application with an email address, the Application will be deemed to have been made by the Authorized Account Holder (defined below) of the email address at the time of the submission of the Application. The "Authorized Account Holder" is the natural person who is assigned an email address by an Internet service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning the email addresses for the domain associated with the submitted email address. All Applications must be submitted with a valid email account that may be identified by reverse domain name search. Individuals may be required to provide the Province with proof that he or she is the Authorized Account Holder of the email address associated with the Application.
3.1 To be eligible to participate in the Contest you must: (a) be an individual who is a legal resident of Canada and who has reached the age of 19 at the time of submitting your Application; and (b) have a valid email account registered in your name as described above in section 2.3. A number of Internet service providers and other companies offer free email accounts.
3.2 You are not eligible to participate in the Contest if you are: (a) an employee of the Province, a Sponsor (as defined in section 6.1 below) or a member of the Panel; (b) a member of the immediate family (defined as mother, father, brother, sister, son, daughter, husband or wife, regardless of where they reside) or household of an employee of the Province, a Sponsor; or a member of the Panel; (c) a representative or agent of the Province, a Sponsor, a member of the Panel, or any person with whom they are domiciled. The Province will have the right at any time to require, from any individual participating in this Contest, proof of identity and/or eligibility to participate. Failure to provide proof within a reasonable time could result in disqualification of the individual from the Contest. All personal and other information required by and supplied to the Province for the purpose of participating in this Contest must be truthful, complete, accurate and in no way misleading.
3.3 The Province, in its sole discretion, reserves the right to disqualify an individual from the Contest should any individual participating in the Contest at any stage supply untruthful, incomplete, inaccurate or misleading information and/or personal details.
4.1 A Contest entry form must be completed for each Application submitted to the Contest. All Contest entry forms will be retained by the Province, and a copy of such entry form will be emailed to the respective contestant who filled out such form at the time of submitting the Contest entry form. Each Contest entry form must contain the following information: (a) a descriptive summary of the purpose of the Application, in 50 words or less; (b) a description, in 250 words or less, of the climate change or climate action awareness or problem your Application is intended to address; (c) a description, in 50 words or less, of the types of people and/or organizations expected to use the Application; (d) a description, in 250 words or less, of how your Application helps to address climate change or promote climate action for the users of the Application; (e) a description, in 50 words or less, of the data and Web services used by the Application; and (f) either (i) a working URL with clear instructions, in 50 words or less, for accessing the Application, or (ii) a link to a video or presentation.
4.2 Your Application may be for the Internet or for mobile devices. Your Application must: (a) incorporate at least one of the data sets of the Province (the "Data"), as identified in the data catalogue found on the Website (the "Data Catalogue"); and (b) be consistent with the purpose of the Contest, which is to raise awareness of climate change and climate action issues by making the Data more accessible and understandable to the general public. The Province hereby grants to you, for the Contest Period and for a twelve (12) month period beginning on August 29, 2010 and ending on August 28, 2011, a non-exclusive, royalty-free, worldwide license to use, reproduce, modify for formatting purposes, publish, communicate to the public by telecommunication, display and distribute the Data for the sole purpose of incorporating the Data into your Application and submitting your Application to the Contest.
4.3 The Province reserves the right to review all Contest entry forms and Applications submitted and to disqualify from participation in the Contest any individual: (a) whose Contest entry form or Application does not comply with the requirements set out in sections 4.1 and 4.2 above; and (b) whose Application is deemed by the Province, in its sole discretion, to be objectionable or inappropriate, including without limitation any Application containing material that (i) is obscene, (ii) threatens or is hateful towards a specific group of people, (iii) is unlawful, (iv) advertises private interests, (v) impersonates or falsely claims to represent a person or organization, (vi) potentially or actually infringes any third party's copyright, trademark, right of privacy, publicity or other intellectual property or other right of any person, or (vii) is inconsistent with the purpose of the Contest, as described in section 4.2 above. Any Contest entry form that fails to comply with the requirements set out in these Official Rules will be deleted from the server on which the Website is located, and any Application associated with such Contest entry will not be accepted for submission to the Contest.
4.4 You retain ownership of your Application. By submitting your Application, and in consideration of the opportunity to be selected as a Contest winner and of other good and valuable consideration (the receipt and sufficiency of which you hereby acknowledge), you grant to the Province, for the Contest Period and for a twelve (12) month period beginning on August 29, 2010 and ending on August 28, 2011 (the "License Period"), a non-exclusive, irrevocable, royalty-free, worldwide license to use, reproduce, publish, communicate to the public by telecommunication, display and distribute the Application in any and all formats, in any and all media, for non-commercial purposes, including without limitation any and all purposes associated with the Contest. You also agree that you will make your Application publicly available, via the Internet, for the duration of the License Period.
4.5 You agree that the Province has no obligation to acknowledge you by name or pseudonym as the author of the Application or to ensure that you remain anonymous.
4.6 You agree that the Province may engage independent contractors and service providers to assist the Province to exercise the rights you grant to the Province under these Official Rules.
4.7 You represent and warrant that: (a) your Application is your original work (b) any data sets other than the Data, and any other third party material of any kind or nature whatsoever that is incorporated into or was used to create your Application, has been provided to you or obtained by you from the rightful owner with all necessary permissions, rights or licenses, including without limitation the permissions, rights and licenses necessary to grant to the Province the licensing rights set out in section 4.4 above; and (c) your Application does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property rights of any person or entity.
4.8 You agree, at the request of the Province, to provide to the Province written documentation confirming that you have obtained the permissions, rights and licenses described in section 4.7 (b) above.
4.9 You agree that under no circumstances will the Province or any of its respective servants, employees, contractors or agents be liable to any person or entity for any direct, indirect, special, incidental, consequential or other damages of any nature whatsoever based on: (a) the use of your Application pursuant to these Official Rules; (b) any use by you of the Website or any other website to which the Website is linked; or (c) any failure by you to abide by these Official Rules.
4.10 You agree to indemnify, defend and hold harmless the Province and all of its respective servants, employees, contractors and agents from and against all claims, demands, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to reasonable legal fees) arising from: (a) the use of your Application pursuant to these Official Rules; (b) your use of the Website or any other website to which the Website is linked; (c) your violation of any provision of these Official Rules; (d) your violation of any third party right, including without limitation any claims or actions based on infringement or violation of third party intellectual property rights, libel or slander or other defamation, rights of privacy or rights of publicity; and (e) any claim that any Application submitted by you caused damage to a third party.
5.1 By participating in this Contest, you: (a) acknowledge that you understand that your personal information (including name, email address and, in the event that you are selected as a Contest winner, your photographic image), is being collected by the Province for the purposes of operating, administering and promoting the Contest; and (b) consent to the disclosure of and access to your personal information, inside or outside of Canada, for any and all purposes in connection with your participation in, and the operation, administration and promotion of, the Contest.
5.2 For greater certainty, you acknowledge that you understand and agree that: (a) your personal information may be disclosed to the independent contractors and service providers of the Province for the purposes set out in this section 5; and (b) if you are selected as a Contest winner, your personal information may be disclosed publicly, including without limitation to the Sponsors, through the Website and other media accessible to the general public.
5.3 Your personal information is collected pursuant to s. 26(c) of the Freedom of Information and Protection of Privacy Act for the purposes set out in this section 5. All questions regarding the collection, use and disclosure of your personal information may be directed to: Director of Carbon Neutral Government, Climate Action Secretariat, Ministry of Environment, 2nd Floor, 395 Waterfront Crescent, Victoria, B.C., V8W 9M2. Your personal information will not be provided to any third parties, other than as provided in these Official Rules.
6.1 The prizes will include 13 cash prizes (1 x $5,500; 3 x $3,000; 4 x $2,000; 4 x $1,000 and 1 x $500), for a total of $27,000 in cash prizes. The prizes will also include 12 pairs of flight certificates to be used by September 15, 2011 (retail prize value of approximately $580 per pair) and 10 iPhones (retail prize value of approximately $750 each). Prizing is provided by the following sponsors: (a) cash prizing is provided by SAP Canada Inc. and Microsoft Canada Inc.; (b) flight certificates are provided by Harbour Air Ltd.; and (c) iPhones are provided by TELUS COMMUNICATIONS COMPANY (all of which are collectively referred to as the "Sponsors"). All incidental costs and expenses not specifically referred to in these Official Rules (e.g. travel, accommodation, meals, iPhone service plans) are not included and are the sole responsibility of the individual receiving the prize. Prizes are subject to any terms, conditions and restrictions applicable to a specific prize.
6.2 All selected Contest winners are solely responsible for use of their prize. Prizes must be accepted as awarded and cannot be transferred, substituted or redeemed for cash. The Province reserves the right, in its sole discretion, to substitute any and all of the prizes for prizes of equal value if a prize cannot be awarded as described. The Province will not be responsible, however, if factors beyond the Province's reasonable control prevent prizes from being awarded. In any such event, no substitute prizes or cash equivalents will be provided. Prizes will only be delivered to the verified winner.
6.3 The Province reserves the right not to award prizes, or to award only some of the prizes, if there are not a sufficient number of eligible Contest entries, or if, for any other reason, there is a not a sufficient number of individuals to whom the prizes can be awarded. The Province also reserves the right, in its sole discretion, to select an alternate Contest winner from the eligible entries should any selected individual be unable or unwilling to comply with these Official Rules, or otherwise unable or unwilling to accept the offered prize.
7. CONTEST WINNER SELECTION:
7.1 At the conclusion of the Selection Period, the three (3) individuals whose Applications received the most votes during the Selection Period will be selected to receive first, second and third place prizes in the "People's Choice Award" category. Three runners-up will also be selected for the "Honourable Mention" prizes in this category. All prizes in the "People's Choice Award" category will be based solely on the number of votes received during the Selection Period. In the event of a tie, the Province will determine the winner by evaluating the Applications based on the judging criteria described in section 7.2 below.
7.2 All other Contest winners will be selected by the Panel. During the Selection Period, the Panel will review all Applications submitted during the Selection Period and will select a first, second and third place winner for each of the following categories: (a) "Best Mobile" application; (b) "Best Web" application; and (c) "Best of B.C.". The Panel will also select three runners-up to receive an "Honourable Mention" prize in the categories of "Best Mobile" application and "Best Web" application, and four runners-up in the category of "Best of B.C.". "Honourable Mention" prizes will only be awarded for Applications that have not received any other prize. Only residents of B.C. will be eligible to receive prizes in the "Best of B.C." category. The Panel will also select one individual to receive first prize in the "Best Overall Application" category. Judging criteria for all categories for which the Panel is responsible will be as follows: (a) usefulness and relevance of the Application to raising awareness of climate change and climate related issues; (b) innovation and creativity; (c) visual appeal; and (d) user experience.
7.3 Prizes for all categories are as follows:
|People's Choice||Best Mobile Application||Best Web Application||Best of B.C.||Best Overall Application|
|First||1 x $3,000||1 x $3,000||1 x $3,000||1 x $2000
3 pairs of Harbour Air Flight Certificates
|Second||1 x $2000||1 x $2000||1 x $2000||1 x $1000
3 pairs of Harbour Air Flight Certificates
|Third||1 x $1000||1 x $1000||1 x $1000||1 x $500
3 pairs of Harbour Air Flight Certificates
|Honourable Mention||3 x iPhones
(1 per selected Contest winner)
|3 x iPhones
(1 per selected Contest winner)
|3 x iPhones
(1 per selected Contest winner)
|1 x iPhone
3 pairs of Harbour Air Flight Certificates
7.4 The Contest winners will be announced on September 16, 2010 between 9:00 a.m. and 5:00 p.m. PST and prizes will be awarded on such date at the Vancouver Aquarium in Vancouver, British Columbia. At the conclusion of the Contest Period, all individuals selected as potential Contest winners will be notified by email, at the email address provided on the individual's Contest registration form. An acceptance email or phone call reply must be made to the Province by the selected individual within forty-eight (48) hours of notification. If the Province is unable to contact the selected individual after at least three attempts to do so, or the selected individual does not respond in accordance with these Official Rules or is unwilling or unable to comply with these Official Rules, that individual will be disqualified and the Province may, in its sole discretion, select another individual in accordance with the provisions of these Official Rules or may elect not to award that prize. The Province is not responsible for the failure for any reason whatsoever of any selected individual to receive notification or for the Province to receive a selected individual's response. The chances of being selected as a potential Contest winner will depend on whether the Contest entry and associated Application meet the criteria set out in these Official Rules, the total number of eligible Contest entries received during the Contest Period, and the number of public votes received or the decisions of the Panel, as applicable.
7.5 If the selected individual responds in accordance with these Official Rules, the selected individual will be confirmed as a Contest winner and will receive the prize(s) for which she or he has been selected, provided that she or he complies with the requirements of section 8 below. Upon being confirmed as a Contest winner, the individual will be advised of the prize delivery method. Prizes may be delivered via mail or courier, or may be picked up by the selected individual, as determined by the Province in its sole discretion. Delivery of all prizes to selected individuals is subject to the Province receiving the Release (defined in section 8 below).
8.1 Before being confirmed as a Contest winner, each individual who satisfies the requirements set out in section 7 above will be required to execute a legal agreement and release (the "Release") that confirms that the individual: (a) is eligible to participate in the Contest; (b) agrees to comply with these Official Rules, including without limitation obtaining the permissions, rights and licenses as described in section 4.7 above and ensuring that the individual's Application is publicly available for the duration of the License Period; (c) accepts the prize(s) as offered; (d) releases each of the Province, its servants, agents, employees, contractors, licensees, and assignees (the "Released Party") from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, or the acceptance, possession, use or misuse of any prize, including without limitation costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (e) grants to the Province the unrestricted right to publish without any further compensation the name, photograph, portrait, likeness, audio-video recording, interview, voice and any website dissemination or broadcast thereof of that individual for the purposes of advertising and promoting the Contest and awarding and publishing the prizes. The Release document may contain such other terms and conditions as the Province, in its sole discretion, may decide. The Release document must be returned to the Province by the date indicated on the document or the prize(s) will be forfeited and another Contest entry may be selected.
9. INDEMNIFICATION BY CONTEST PARTICIPANT:
9.1 By participating in the Contest, each participating individual hereby releases the Released Party from any and all liability whatsoever, and waives any and all causes of action, related to any injuries, loss or damage of any kind to any person or persons (including, without limitation, death or personal injuries, property damage, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional) resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of, or inability to use, any prize or any part of any prize or otherwise related to participation in the Contest.
10. LIMITATION OF LIABILITY:
10.1 The Province is not responsible for, and under no circumstances will the Province be liable to, any person or business entity for any direct, indirect, special, incidental, consequential, or other damages based on: (a) any incorrect or inaccurate information, whether caused by a Contest participant, printing errors or by any equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including but not limited to failure of the Internet or the Website during the Contest Period, for any problems or technical malfunction, computer online systems, servers, access providers, computer equipment, software, failure of any email or traffic congestion on the Internet or at any website, or any combination thereof or other failures related to equipment, hardware, software or virus; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) incomplete, illegible, lost, late or misdirected Contest entries; (e) technical or human error related to the administration of the Contest or the processing of entries; (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any individual's participation in the Contest or the receipt of any prize; or (g) any use of the Website or any other website to which the Website is linked. The limitations of liability set out in this section 10.1 apply, without limitation, to any lost profits, business interruption or loss of programs or information and will apply even if the Province has been specifically advised of the possibility of such damages.
10.2 Subject to approval from the Régie des alcools, des courses et des jeux in Québec , the Province reserves the right, in its sole discretion, to cancel or suspend this Contest if a virus, bug or any other cause beyond its reasonable control corrupts the security or proper administration of the Contest. Any attempt to deliberately damage the Website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws. If such an attempt be made, the Province reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
11.1 Individuals submitting Contest entries who have not complied with these Official Rules will be disqualified. The Province is not responsible for lost, late, incomplete, invalid, unintelligible, illegible or misdirected entries, and all such Contest entries will be void.
11.2 All decisions of the Province will be final and binding in all matters relating to this Contest. The Province reserves the right, without prior notice, and subject to approval from the Régie des alcools, des courses et des jeux in Québec, to cancel, terminate or modify the Contest if it cannot be operated, conducted or completed as planned, for any reason.
11.3 In these Official Rules, the singular implies the plural and vice versa, as the context requires.
11.4 If any term or provision of these Official Rules is invalid, illegal or unenforceable, all other terms and provisions of these Official Rules will nonetheless remain in full force and effect.
12.1 This Contest is subject to federal, provincial and municipal laws and regulations. Any Contest entries not complying with any applicable federal, provincial or municipal laws or regulations will be considered null and void. These Official Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws.
12.2 Subject to section 12.3 below and unless prohibited by law, these Official Rules are governed by, and are to be construed in accordance with, the laws of the province of British Columbia and the federal laws applicable therein, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
12.3 For Québec Residents Only. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the RÈgie only for the purpose of helping the parties reach a settlement.
13. WARRANTY DISCLAIMER:
13.1 This information is provided as a public service by the Province, 2nd Floor, 395 Waterfront Crescent, Victoria, B.C., V8W 9M2.
The Website and all of the information it contains, including without limitation the Data Catalogue and the Data, are provided "as is" without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. All prizes are awarded "as is" and without warranty of any kind, express or implied.
14. COPYRIGHT NOTICE:
14.1 Unless otherwise specified, the Contest and all accompanying materials have for copyright © 2010 Province of British Columbia. All rights reserved." With the exception of the Applications, all intellectual property and all of the promotional materials, Web pages, the Website and source codes to the Website are owned by the Province. Copying or unauthorized use of any copyrighted material or official marks or trade-marks of the Province without the express written consent of the Province is strictly prohibited.
15. OFFICIAL RULES AND WINNERS LIST:
15.1 For a copy of these Official Rules or for the names of winners of prizes, mail a self-addressed stamped envelope to the Climate Action Secretariat, Ministry of Environment, 2nd Floor, 395 Waterfront Crescent, Victoria, BC, V8W 9M2.
Individuals must specify whether they are requesting a copy of the Official Rules, names of winners of prizes, or both. Requests for the names of winners of prizes will only be accepted after the Contest Period has closed and the Contest winners have been confirmed.
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