Opa Developer Challenge
Terms & Conditions
DESCRIPTION: The Opa Developer Challenge (“Challenge”) is designed to motivate and reward Participants who develop innovative, creative, functional and original applications using the Opa language. 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.
SPONSOR: The Challenge is sponsored by MLstate (“MLstate”), a corporation with principal place of business at 104, rue du Faubourg Saint-Antoine, 75012 Paris, France.
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. After reading the Terms and in order to participate, each Participant must click the “I understand and agree” box (or the equivalent) on the Challenge entry webpage. Once the Participant clicks the “I understand and agree” box (or the equivalent), the Terms form a binding legal agreement between each Participant and MLstate 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.
ELIGIBILITY: The Challenge is open to individuals. Each individual 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 national, state, local, or provincial legal requirements for participation. Employees of MLstate, and members of their immediate families (defined as parents, children, siblings and spouse, regardless of where they reside and/or those living in the same household of each) are not eligible to participate in the Challenge. MLstate reserves the right to verify eligibility and to adjudicate on any dispute at any time.
CHALLENGE TIMELINE: All Entries must be submitted before the end of the Submission Period. The Submission Period ends at 23:59, Monday 17 October 2011 GMT (click here to check the time at your time-zone).
ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.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 must provide the Registration Information. All Participants awarded Prizes must verify their identity with MLstate before any Prizes are distributed.
SUBMISSION PERIOD
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 Opa available at http://opalang.org. Participants may submit an Entry by visiting the Opa Developer Challenge site, providing the Registration Information, and uploading their Entry by following the directions found on the website any time before the end of the Submission Period. However, MLstate is not responsible for any claims or disputes between one Participant and any other Participant regarding the ownership of the Entry or the content within the Entry. MLstate may disqualify any Participant without recourse and in its sole discretion, if any such claim or dispute arises. A Participant may submit more than one Entry. At the time of submission, the Participant must designate ONE and ONLY ONE category that the Entry is submitted under. The categories are as follows:
Education/Reference Applications
Games
Social Networking Applications
Lifestyle Applications
Productivity/Tools
Media and Entertainment Applications
Travel Applications
Miscellaneous Applications
LANGUAGE: Entries must, at a minimum, support English language use but may also support other languages at the discretion of the Participant.
CONTENT: 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 MLstate’s sole discretion and will be final and binding.
JUDGING: After the Submission Period ends, all eligible Entries will be judged by a panel of experts in the fields of application development selected by MLstate.
QUALIFICATION: the Judges will consider each Entry under the following equally-weighted judging criteria:
Originality of Concept—Does the application introduce a great new idea; for example, a new angle on social applications?
Effective Use of the Opa Platform—Does the application take advantage of Opa’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 game the user just can’t put down or a utility she can’t live without? Using these criteria, the Judges will evaluate each Entry and give it a score of one (1) to five (5) on each criterion.
SELECTION: The final score for each Qualifying Entry will be based on the scores returned by the Judges.
The three Qualifying Entries with the highest composite scores across all categories will be designated the First, Second, and Third Place Entries and the Participants responsible for these Entries will receive the Prizes described below, provided they have complied with the requirements of these Terms. In the case of a tie, the panel of Expert Judges review the three Qualifying Entries with the highest composite scores across all categories and determine which Entry or Entries from among those that are tied will be designated the First, Second, or Third Place Entry.
If any Participant selected as a potential prize recipient for a given Prize is disqualified for any reason, the next highest-scoring Participant will be designated as the recipient of that prize.
All potential Prize recipients will be announced on or about Monday, 7 November 2011.
PRIZES
PRIZES DESCRIPTION: The Participant responsible for the First Place Entry will receive a prize of one MacBook Air; the Participant responsible for the Second Place Entry will receive a prize of one iPad 2; the Participant responsible for the Third Place Entry will receive a prize of one Nintendo 3DS. All Prizes are contingent on Participant’s compliance with these Terms.
NOTIFICATION: Participants who are chosen as potential Prize recipients will be notified by email on or about Monday, 7 November 2011.
GENERAL CONDITIONS: Prizes are awarded without warranty of any kind from MLstate, 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 MLstate and the 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 MLstate. 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 MLstate’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, MLstate or the Expert Judges.
You acknowledge and understand that MLstate 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 MLstate and that no such relationship is established by your submission of an Entry to MLstate under these Terms.
INTELLECTUAL PROPERTY RIGHTS: As between MLstate and the Participant, the Participant retains ownership of all intellectual and industrial property rights in and to the Entry that Participant had before submission, including the right to distribute the application commercially. As a condition of entry, Participant grants MLstate a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, publicly perform, publicly display and create a derivative work from, any Entry that Participant submits to this Challenge for the purposes of allowing MLstate to test and evaluate the Entry for purposes of the Challenge, to administer the technical and other requirements of the Challenge including distribution of the Entry to the Community and Expert Judges, and to advertise, display, demonstrate, or otherwise promote the Opa platform. Participant specifically agrees that MLstate shall have the right to use, reproduce, publicly perform, and publicly display the Entry in connection with the advertising and promotion of the Opa platform via communication to the public or other groups, including, but not limited to the right to make screenshots, animations and video clips available for promotional purposes.
Participant also grants to the Expert Judges a limited, non-exclusive, and worldwide license to perform, display, and use the Entry. If Participant chooses, Participant may enable technical measures in their Entry to prevent use of the Entry beyond a certain date provided that date is later than the Jury announcement date. Participant may not charge a fee for the download of an Entry by the Expert Judges.PRIVACY AND PUBLICITY: Participants agree that personal data entered during the registration, including name, mailing address, phone number, and email address may be processed, stored, and otherwise used for the purposes and within the context of the Challenge. This data will be maintained in accordance with the MLstate's Privacy Policy that can be found here. By accepting a prize, participant agrees and consents to MLstate and its agencies use of entrant’s name and/or likeness to name the entrant for a reasonable time after completion of the Challenge in promotional and advertising material of MLstate (or its agents) as a winner of the Challenge without additional compensation, unless prohibited by law.
Participants also understand this data may be used by MLstate in order to verify a Participant’s identity, postal address, telephone number, and eligibility to receive a Prize in the event a Participant is chosen to potentially receive a Prize. Participants have the right to access, review, rectify or cancel any personal data held by MLstate in connection with the Challenge by writing to MLstate at the address listed above. If a Participant does not provide the data required at registration, that Participant’s Entry will be ineligible.
For residents of the European Union: Pursuant to EU law pertaining to data collection and processing, you are informed that:The data controller is MLstate and the data recipients are MLstate 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: MLstate 104, rue du faubourg Saint-Antoine, 75012 Paris, France.
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 EU 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 MLstate 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 MLstate, 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 MLstate, 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 MLstate.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. MLstate 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 EU or applicable local law in Participant’s country of residence.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Terms shall be governed by, subject to, and construed in accordance with the laws of France, 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.
ARBITRATION: By entering the Challenge, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Challenge will be decided by binding arbitration. All disputes between you and MLstate, of whatsoever kind or nature arising out of these Terms, shall be submitted to judicial arbitration in France for binding arbitration under its rules then in effect in France, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
WINNER’S LIST: You may request a list of winners after 1st of December 2011 by writing to: MLstate 104, rue du Faubourg Saint-Antoine, 75012 Paris, France.
Last updated 2011-07-12 13:33 CEST
