Samsung Gear App Challenge
Terms and Conditions
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Samsung Gear App Challenge (hereinafter “Challenge”) is a competition designed by Samsung Electronics Co., Ltd. (hereinafter “Samsung”) to motivate and reward the development of creative and original applications by Samsung Gear 2 application developers (“Participant” or “You”). Samsung is the sponsor and entity responsible for the Challenge.
ChallengePost, Inc. (hereinafter “ChallengePost”) is the administrator of the Challenge. “ChallengePost” will manage and implement the Challenge per the direction of “Samsung,” including but not limited to, providing the Challenge website and serving as official timekeeper.
These Terms and Conditions set forth the rules for the Challenge, such as eligibility, how to participate, and judging criteria. Participation in the Challenge constitutes your full and unconditional agreement to these Terms and Conditions. By entering, you agree that all decisions related to the Challenge that are made pursuant to these Terms and Conditions are final and binding, and that all such decisions are at the sole discretion “Samsung” and/or “ChallengePost.”
The Challenge will include two rounds. The first round is open to any Participant meeting the eligibility requirements below and submitting an entry that meets the stated requirements. The second round is only for entries selected as winning entries in the first round. The second round is an opportunity to win additional prizes and improve or modify the application submitted in the first round.
The “ChallengePost” Terms of Service are hereby incorporated into these Terms and Conditions. The “ChallengePost” Terms of Service are located at http://challengepost.com/terms. If there is a conflict between the “ChallengePost” Terms of Service and these Terms and Conditions, the latter terms shall control with respect to this Challenge only.
(1) Individual Participants
- Individuals, and teams of individuals, 13 years of age and older. If an individual, or team of individuals, has not yet reached the age of majority in their jurisdiction of residence at the time of entry and they win a prize, a parent or guardian will need to sign an affidavit on their behalf.
- If participating in a team, the team must select one representative under whose name it will participate. The representative shall represent the team to assume all rights and responsibilities regarding “Samsung”. “Samsung” will fulfill its responsibilities through the representative and will not contact individual team members. If a team entry is selected as a winning entry, “Samsung” or “ChallengePost” will pay the full prize money to the representative and it is the responsibility of the representative to distribute the prize money to team members. “Samsung” and “ChallengePost” will not become involved in any problems that occur among team members and cannot be held responsible in any way in relation to such events. Participants must have the qualifications and abilities necessary to participate in the Challenge.
(2) Corporate Participants
- Corporate Participants are eligible if, at the time of entry, they have been duly organized or incorporated and validly exist.
- Each corporate Participant must select one representative under whose name it will participate. The representative must have the legal authority necessary to participate as the representative of the corporation concerned, and shall represent the corporation to assume all rights and responsibilities regarding “Samsung”. “Samsung” will fulfill its responsibilities through the representative.
(3) Restrictions on participation
- Any application that is funded or compensated, partially or fully, by “Samsung” for its development is not eligible for entry.
- “Samsung,” “ChallengePost,” and any other organizations involved with the design, production, paid promotion, execution, or distribution of the Challenge are not eligible to participate.
- Employees, representatives and agents of the above organizations who are involved with the design, production, promotion, execution, or distribution of the Challenge, and all members of their immediate family or household* are not eligible to participate.
- Any other individual involved with the design, production, promotion, execution, or distribution of the Challenge, and each member of their immediate family or household* is not eligible to participate.
- Any judge or company or individual that employs a judge is not eligible to participate. Individuals employed by the same organization as a judge are eligible to participate provided they meet the other eligibility requirements for individuals. Judges will recuse themselves from judging an Entry if judging the Entry would create a conflict of interest or the appearance of a conflict of interest.
- Any parent company, subsidiary, or other affiliate of any organization described above is not eligible to participate. Employees of any such parent company, subsidiary, or other affiliate are eligible to participate if they meet the other eligibility requirements for individuals.
- Individuals or organizations whose participation is restricted by relevant laws of the Republic of Korea or the United States, or relevant legislations, regulations and other government policies that apply to participants are not eligible to participate. Please note that the Challenge may not be available in certain countries or regions, including, without limitation the Province of Quebec, Italy, Brazil, Cuba, Iran, Syria, North Korea, Sudan, and Myanmar, subject to change from time to time at “Samsung's” reasonable discretion and subject to the applicable laws.
- Samsung reserves the right to verify the eligibility of all entrants, and not award a prize (and to select an alternative winner) if Samsung has reasonable grounds to suspect that a winner is not eligible for these reasons.
*The members of an individual’s immediate family include the individual’s spouse, children and stepchildren, parents and stepparents, and siblings and stepsiblings. The members of an individual’s household include any other person that shares the same residence as the individual for at least three (3) months out of the year.
(1) First Round Submission Period: 9:00pm EDT USA, May 7, 2014 - 5:00pm EDT USA on July 17, 2014.
(2) Samsung GALAXY Apps Certification Period: July 18, 2014 – August 7, 2014.
(3) Judging Period (first round): August 8, 2014 – August 19, 2014
(4) Finalists Announced: on or about August 20, 2014.
(5) Second Round Submission Period: 10:00am EDT USA, August 22, 2014 – 5:00pm EDT USA, September 30, 2014
(6) Samsung GALAXY Apps Certification Period (second round): October 1, 2014 - October 10, 2014
(7) Judging Period (second round): October 1, 2014 – October 20, 2014.
The Judging Period will begin during the second round Certification Period. Submission materials entered by the Second Round Submission Period deadline, including the demo video, will be evaluated October 1, 2014 - October 10, 2014. Certified Applications will be downloaded and evaluated October 11, 2014 - October 20, 2014, following the Certification Period deadline.
(8) Public Voting Period: 10:00am EDT USA, October 24, 2014 – 5:00pm EDT USA, November 9, 2014
(9) Winner Announcement: Mid-November, 2014.
* All timing is subject to change at “Samsung’s” sole discretion. In such an event, an announcement will be posted on the Challenge Website.
(1) Registration and Agreement to Terms and Conditions
- Participants must create a “ChallengePost” account on the Challenge website or another site on http://challengepost.com.
- Participants must agree to these Terms and Conditions and comply with all terms and relevant laws applicable to Participants.
- Participants must sign up for a Samsung GALAXY Apps Seller Office account at http://seller.samsungapps.com.
(2) Rounds One and Two
- Participants must create (or have created) a working software application using the Samsung Gear Dev Tool available at http://developer.samsung.com/samsung-gear (an “Application”). The Application must run normally on a Samsung Gear 2 (or Gear 2 Neo) Device.
- Participants must submit their Application to Samsung GALAXY Apps, using their Samsung GALAXY Apps Seller Office account, for registration and certification.
- Participants must submit an entry on the Challenge Website within the applicable submission period(s) as stated below, including all required fields on the submission form of the Challenge Website (each an “Entry”). Participants are encouraged to submit entry materials in English or include an English translation or subtitles. Entries submitted on the Challenge website must include, without limitation:
- an uploaded zipped file containing an installation file for the Host-side Application;
- a URL for a video on YouTube, Vimeo or Youku, which demonstrates the main functionality of the Application; and
- the Participant’s Samsung GALAXY Apps Content ID and Seller ID. Getting a Seller ID is free. For more details go to http://seller.samsungapps.com.
- Applications must be distributed publicly on Samsung GALAXY Apps and distribution on Samsung GALAXY Apps must continue until the date of winners’ announcement.
- Applications must not have been distributed on Samsung GALAXY Apps before May 1, 2014.
- Applications must have English language support. (You are free to add versions in other languages.)
- Applications may be any one of the three types of Gear app: Linked (Master-Follower) Type, Integrated Type, or Standalone Type (see http://developer.samsung.com/samsung-gear for details).
- If the Host-side application links to a Samsung Galaxy, then the Application must support at least one device among Galaxy S5, Galaxy Note 3, Galaxy S4.
- Applications must function as depicted in the video and/or expressed in the text description or other materials submitted on the Challenge Website.
- Participants may submit more than one Entry, however, each Entry must be unique, as determined by the Samsung and/or ChallengePost.
- Entries, including the Application, cannot violate the intellectual property rights, reputation, privacy or any other rights of “Samsung” or a third party, have obscene or violent content or contain any other material that violates relevant laws or undermines public order and morality.
(3) First Round
- For the first round, Entries must be registered on the Samsung Seller Office website (seller.samsungapps.com) by the submission deadline on July 17, 2014 and must be certified by August 7, 2014. Only Entries certified before or during the Samsung GALAXY Apps Certification Period will be eligible for the challenge.
- Entries must be newly created and registered on Samsung GALAXY Apps after the start of Challenge on May 1, 2014.
(4) Second Round
- The second round is only for Entries selected as winning Entries in the first round. There will be an opportunity for eligible Participants to improve or modify the application submitted in the first round. Such improvements are encouraged but not required.
- For the second round eligible participants, apps must be registered or updated, and certified on Samsung GALAXY Apps by the second round Samsung GALAXY Apps Certification Period deadline on October 10, 2014.
* Samsung reserves the right to cancel or modify the Challenge eligibility and/or requirements at any time without prior notice. Any changes will be posted on the Challenge Website.
5. Judging Criteria
(1) Judges: The panel will consist of external judges selected by “Samsung”.
(2) Judging criteria:
- In both rounds, Entries will be assessed on the following five criteria: 1) uniqueness, 2) commercial potential, 3) functionality, 4) usability, and 5) design to determine whether they are innovative, creative, functional and original applications that correspond to the intention of this Challenge.
- In Round 2, Entries will also be assessed on the extent to which they were improved from Round 1 and whether they support the latest Samsung Gear Device.
(3) Entries in each round will be ranked in order of highest to lowest scores and the highest scoring entries will receive the prizes indicated below. All scoring will be determined by “Samsung” and the judges in their sole discretion.
(4) Judges and judging criteria are subject to change due to “Samsung” circumstances.
(5) Judges are not required to test the Application and may choose to judge based solely on the text description, images and video provided in the Entry.
(1) First Round Winners
- There will be two hundred (200) first round winners. Each first round winner will receive two thousand dollars (US$2,000).
(2) Second Round Winners
- One (1) grand prize will be awarded. Grand prize winner will receive one hundred thousand dollars (US$100,000).
- Nine (9) second prizes will be awarded. Each second prize winner will receive fifty thousand dollars (US$50,000).
- Thirty (30) third prizes will be awarded. Each third prize winner will receive ten thousand dollars (US$10,000).
- One (1) popular choice winner will be awarded. Popular choice prize winner will receive a car with an approximate retail value of US$ 50,000*
* Please note that Popular choice prize may be provided as money for an equivalent value to the car depending on the country of residency of the Popular choice prize winner.
(3) Additional Considerations Related to Prizing
- There is a maximum of one prize per entry in each round, with the exception that First, Second winners will be eligible for the Popular choice prize.
- The Popular choice winner will be determined by pubic voting on the Challenge website. Please review the ChallengePost Terms of Service at http://ChallengePost.com/terms for voting rules.
- “Samsung” may award fewer prizes than the number indicated above if the number of eligible Entries is less than the number of prizes available.
- The total prize amount of $1,250,000 assumes that 200 eligible Entries will be submitted.
- Winners will be individually notified by e-mail and can also be viewed on the Challenge website on the day of winners’ announcement.
- Within seven days of receiving the notification e-mail from Samsung or ChallengePost, winners must reply with relevant information necessary to verify their identity and receive the prize money. Please note the prize may be canceled if there is no reply.
- Winners must pay any applicable taxes, public utility charges and remittance fees and prizes may be subject to tax withholding. Winners may be subject to tax withholding according to local laws for the Winners and/or Sponsor.
- Winners must submit documents necessary to verify their identity and receive the prize money. THE AWARD OF A PRIZE TO A POTENTIAL WINNER IS SUBJECT TO VERIFICATION OF THE IDENTITY, QUALIFICATIONS AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE ENTRY. The final decision to designate a winner shall be made by “Samsung” and/or “ChallengePost.”
- Winners will be able to receive the prize money only if the name of the participant matches the name of the prize recipient.
7. Matters Regarding Personal Information
(1) If participating as a team, the representative may provide “Samsung” and/or “ChallengePost” with personal information on team members, in order to receive a prize. In such cases, it is the responsibility of the representative to obtain consent from the members concerned in order to submit the information. Personal information on any other third party must also be provided through legitimate procedures in accordance with relevant laws.
(2) Personal information collected from participants or winners may be used by “Samsung” and “ChallengePost” for the progress, promotions of the Challenge and other relevant affairs.
(3) Residents of the European Union (EU) will be notified of the following regarding data collection and processing in accordance with EU laws.
- The data controller is “ChallengePost” and the data recipients are “ChallengePost,” “Samsung” and their agents.
- You have the right to access and withdraw your personal information. In certain situations, you have the right to refuse data collection.
- To exercise such rights with respect to information received by “Samsung,” please contact “Samsung” in writing at Samsung Electronics Co., Ltd. Media Solution Center, 129 Samseong-ro (Maetan-dong), Yeongtong-gu, Suwon-si, Gyeonggi-do, Republic of Korea.
- To exercise such rights with respect to information received by “ChallengePost” you may change account settings on the Challenge website, email “ChallengePost” at email@example.com or contact “ChallengePost” in writing at ChallengePost, Inc, 425 West 13th Street, Suite 504, New York, NY 10014 USA.
8. Rights and Responsibilities Regarding Entries
(1) The participant retains intellectual property rights to the Entry.
(2) By entering the Challenge, the participant shall grant to “Samsung”, “ChallengePost” and any other third parties acting on Samsung’s behalf, a royalty-free, non-exclusive, transferable, worldwide, and perpetual license to display publicly and use for promotional purposes the Entry, in perpetuity. This license includes, but is not limited to, posting or linking to the Entry on “Samsung’s”, “ChallengePost’s” and partners’ websites and applications, including the Challenge website, and display and promotion of the Entry in any other media, worldwide. Such license may also include, but is not limited to, the right to make available the entry and the relevant apps in the Samsung Device and/or Samsung online and/or offline store. The name or nickname of the participant will not be displayed for the advertisement and promotion of the Challenge or “Samsung”.
9. Warranty and Indemnity
(1) As the sole and exclusive owner of the entries, Participants shall warrant that they will not infringe any rights of the third party including portrait rights, moral rights, design rights, patent rights, utility model rights, copyrights, program copyrights and trade secrets.
(2) “Samsung” and “ChallengePost” do not have the responsibility to intervene in any dispute regarding an entry to the Challenge between a Participant and a third party. Such matters are wholly the responsibility of the individuals concerned and “Samsung” and “ChallengePost” cannot be held responsible or accountable in any way.
(3) If a participant violates these Terms or relevant laws and a dispute against “Samsung” arises or is likely to arise, the participant (all team members for team participants, the corporation as a whole for corporate participants) shall defend “Samsung” at their own expense and responsibility, compensate “Samsung” for any losses suffered by “Samsung” as a result and take all appropriate measures requested by “Samsung” in relation to the event.
(1) Individuals or organizations who are not eligible to participate, participated in an abnormal or illegal manner or otherwise breached these Terms or relevant laws may be excluded from receiving any prizes or have their prize canceled. If a participant disrupts implementation of relevant tasks or is deemed likely to do so such as by disrupting the progress of the Challenge or threatening other participants, “Samsung” or judges, likely disruptive to the implementation of the Challenge and/or other administrative process, “Samsung” may restrict the participant’s participation in the Challenge, exclude the participant from receiving any prizes, cancel any prizes, and take any other necessary measures.
(2) “Samsung” and/or “ChallengePost” may take any action including but not limited to requesting additional verification of the identity, age and other relevant details when reasonably necessary in order to protect “Samsung” from fraud and other false claims. Participants who refuse any such requests may be excluded from receiving any prizes or have their prize canceled.
(3) The Challenge may be terminated or have any relevant details changed in accordance with “Samsung” circumstances, and “Samsung” cannot be held responsible without causes attributable to “Samsung”.
(6) The laws of the Republic of Korea shall apply to the Challenge. In the event of any dispute regarding the Challenge, the participant may file a lawsuit to the non-exclusive jurisdiction of Seoul Central District Court of the Republic of Korea.
(7) Notwithstanding anything stated herein or elsewhere to the contrary, these Terms and Conditions and the Challenge may be subject to change by “Samsung” from time to time at “Samsung’s” reasonable discretion, subject to the applicable laws and/or other obligation(s) “Samsung” may owe to third party(s). In such cases, an announcement will be made on the challenge website. “Samsung” reserves all rights and remedies available to it at law or in equity. Any prize money or payment payable hereunder may be subject to deduction, set-off or discount as “Samsung” reasonably deems necessary under the applicable laws, including without limitation, any applicable tax codes.