APPS OF TOMORROW CAMPAIGN TERMS & CONDITIONS
When you make a submission (“Submission”, as defined below) for this Apps of Tomorrow Campaign, you agree to the Official Rules below.
1. SPONSOR. The sponsor of this Apps of Tomorrow Campaign (“Programme”) is OnePlus Technology (Shenzhen) Co., Ltd. (“OnePlus”).
2. HOW TO ENTER. A participant (each a “Participant” and, collectively, the “Participants”) must be at least eighteen (18) years of age at the time of participation, may enter the campaign from by following the process below. Submissions must be received through the below process by the close of the campaign to be eligible.
Submission: The idea and creation of Android apps designed for 5G.
Video: The specific forms and techniques for storing and recording Submission.
3. PROCESS: To participate in the Programme and to try to win the Prize, you should do the following:
a. Fill in the application form, explaining your mobile app and how 5G will take it to the next level.
b. Our panel of global tech leaders will select the 20 finalists (“Finalists”).
c. Of the 20 Finalists, there will be five (5) winners (“Winner(s)”), each of whom will be selected by users on the website and 1 will be selected by global media jury.
i. 26 February – 26 March 2019: submission of requests
ii. 27 March 2019 – 9 April 2019 Internal selection
iii. 10 – 18 April 2019: Public voting
iv. 18 April 2019: Winner announcement
a. The Programme is open to global residents where the sponsor currently is operating in and who are over the age of 18.
b. OnePlus is unable to accept Submissions from jurisdictions subject to United States or European Union sanctions or export restrictions.
5. WINNER SELECTION.Based on the application description submitted by users, OnePlus will select 20 shortlisted users through comprehensive consideration of Business value, Creativity, Development capability and whether it’s related to 5G.
6. PROHIBITED CONTENT. OnePlus and its affiliates shall in no case be liable for the contents of Submissions. Participants shall use good taste and judgment in creating and submitting their Submissions. Each Participant shall be solely responsible for ensuring that his or her post:
a. Does not offend the intellectual rights of third parties;
b. Is free from obscenity or content that may be seen as harassment, intimidation, or bullying;
c. Complies with all data protection and privacy laws;
d. Is free from viruses or malware; and
e. Is not otherwise inappropriate.
OnePlus may refuse to award a Prize, or seek its recovery, in the event of a Participant's fraud, dishonesty, illegal conduct or ineligibility under these Official Rules.
7. OWNERSHIP OF INTELLECTUAL PROPERTY.
a. By making or submitting a Submission, each Participant grants OnePlus and its affiliates a perpetual, worldwide, irrevocable, fully paid-up, royalty-free license to legally use the Submission, in any form or medium including but not limited to, internet, print, point of sale advertising, flyers, leaflets, for entertainment, promotional and/or advertising purposes.
b. To the greatest extent permitted by law, Participants agree to waive and not to assert or invoke any so-called moral rights in relation to their Submissions.
c. For good and valid consideration, the license referred to in this Section 7 is a fully paid-up license. By entering, you guarantee that your Submission is original as referred to above, and that you have all necessary rights to provide the Submission and to grant to OnePlus as applicable the rights set out in these Official Rules, as well as the consent of any person identified, depicted or referred to in the Submission. You will indemnify and hold OnePlus harmless for any breach of these provisions. Only the Winner(s) will receive a prize according to the next paragraph: ‘Prize’.
d. Each Participant grants OnePlus and its affiliates a perpetual, worldwide, irrevocable, fully paid-up, royalty-free license to transform, edit, modify, reproduce, distribute, transmit, publish, communicate to the public, broadcast, perform, display, or otherwise use the Video, in whole or in part, with or without modifications, in any form or medium, including but not limited to, internet, print, point of sale advertising, flyers, leaflets, for entertainment, promotional and/or advertising purposes and/or any other purpose whatsoever.
8. PRIZE. OnePlus will be giving away.
a. Top 5:
i. € 50,000 (Fifty Thousand Euros Only) development prize for each winner (1-year financial support)
ii. A trip to visit OnePlus HQ and face to face time with Pete
iii. Access to EE 5G testing labs
iv. Support from OnePlus and EE
v. A 5G OnePlus Device
vi. EE 5G connection in the UK
b. Top 20：
i. Those who make it to the top 20 will all receive a OnePlus device.
9. PRIZE DETAILS:
a. € 50,000 (Fifty Thousand Euros Only), split into three (3) instalments.
i. The first instalment of € 20,000 euro will be given at the winner announcement.
ii. The second instalment of €10,000 euros will be given after 3 months and upon completion of the app project planning and development.
iii. The remaining instalment of € 20,000 will be given after six (6) months when the app is under development and has reached 70% of completion.
10. NOT INCLUDED IN THE PRIZE: Expenses related to collection of the Prize; reimbursement of any expenses incurred in the creation of your Submission; and travel expenses to and from location. Winner shall be solely responsible for any taxes associated with collection of the Prize, including, without limitation, personal income taxes.
a. Participants must submit original, valid Submissions into the Competition. Participants must also at all times comply with all applicable laws, rules, and regulations.
b. No employees from OnePlus, EE Limited or their respective affiliates shall be allowed to participate the contest.
12. NOTIFICATION/ANNOUNCEMENT OF WINNER. The Winner(s) will be selected on and will be notified via [email and OnePlus official channel]. The Winner must confirm his or her acceptance of the Prize in writing within 24 hours of such notification. OnePlus reserves the right to disqualify any Winner who does not confirm acceptance of the Prize in accordance with these Official Rules; OnePlus reserves the right to select an alternative Winner in such event.
13. PRIZE CONDITIONS. Save as may be required by any applicable mandatory laws, the Prize will be as referred to in these Official Rules and is provided as-is with no express or implied warranty or guarantee. This Programme is subject to applicable local laws and regulations, including but not limited to tax laws. OnePlus may require the Winner to sign and return an affidavit of eligibility, a liability release, and a publicity release permitting OnePlus to use the Winner’s name, image, and winning Submission in promotional materials where permitted by law and subject to applicable rules. Refusal or inability to sign and return such forms within 48 hours of receipt may result in disqualification and awarding of Prize to an alternate Winner.
14. GENERAL LIABILITY RELEASE.
a. By entering this Programme, Participants release OnePlus and its agents from any liability whatsoever, on any theory, and waive any and all claims and causes of action arising from or related to this Programme and/or fulfillment and/or use of the Prize, to the extent permitted by applicable law. However, nothing in these Official Rules limits or excludes any person’s or entity’s liability for death or personal injury caused by their negligence or any other liability which may not as a matter of law be limited.
b. OnePlus will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Programme or accepting or using a Prize, except for any liability which cannot be excluded by law.
15. DATA. By entering the Programme and submitting a Submission and any other personal information, Participants are expressly consenting to the processing of their personal information by OnePlus for the purpose of the Programme or any associated publicity by OnePlus or its affiliates. OnePlus’s Privacy & Legal policy will apply.
16. INTERPRETATION AND DISPUTES. Participants agree:
a. To be bound by these Terms and Conditions and all decisions of the judges, which are final and binding;
b. Any disputes shall be governed by the laws of People’s Republic of China (or by mandatory local laws, if applicable), and Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with arbitration rules of Shenzhen Court of International Arbitration (SCIA) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The law of this arbitration clause shall be PRC laws. The seat of arbitration shall be Shenzhen. The tribunal shall consist of three arbitrators. The arbitration proceedings shall be conducted in English.
c. That they consent and waive any objection to the jurisdiction of said courts for any such disputes.
a. If any provision or part-provision of these Official Rules is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
b. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Official Rules.
c. To the extent permitted by applicable law, OnePlus may suspend, modify or terminate the Programme if they believe, in their sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper conduct of the Programme, in which case the prizes will be awarded among the eligible Submissions received that were unaffected by the problem, if possible.
d. OnePlus reserves the exclusive and final right to interpretation of these Official Rules.