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Terms and Conditions

O2 Litmus "App Showdown" Competition

Please read the terms and conditions of this Competition carefully. By submitting and participating in the competition, you agree to be bound by these terms and conditions.

Terms and conditions:

    Promotion Period

  1. The O2 Litmus Developer Competition – App Showdown (the "Competition") will take place from 20th July 2009 – 21st September 2009 the "Competition Period").
  2. Promoter

  3. The Competition promoter is Telefónica O2 UK Limited ("O2").
  4. Eligibility

  5. The Competition is open to developers registered for O2 Litmus (www.o2litmus.com) working on an app for devices supported on the O2 network in the UK. In order to be eligible, developers may be individuals or entities resident or registered in the UK. Individuals must be over the age of 18.
  6. Employees, contractors, directors and officers of O2, and their subsidiaries and affiliated companies their immediate family members and household members are not eligible to participate in the Competition.
  7. You are solely responsible for all costs not specifically described herein as part of the prize including transportation costs to and from the Competition drop in session, taxes, gratuities and any incidental expenses related to your entry in the Competition.
  8. How to enter

  9. Come up with an app O2 customers will love.
  10. Register as a developer on O2 Litmus.
  11. To enter App Showdown, email us at competition@o2litmus.info with your name, address, mobile number, O2 Litmus username, app name and a brief description.
  12. For most device platforms: Once you’ve e-mailed us just upload your app to O2 Litmus as normal, select the "launch a test app" option and include App Showdown in the title. You’ll need to e-mail us and upload the application before the closing date of 31st August.
  13. One device platform will require some additional work. If your app is designed for that platform we will send you 20 UDIDs for judges’ phones. Please make sure you have 20 free device slots in your development profile. You’ll need to create an ad-hoc provisioning profile using these details and then send this to us when you submit your app.
  14. Chat with customers in the competition forum http://www.o2litmus.co.uk/o2forum
  15. Judging will be open from 8th September.
  16. You may submit more than one app on more than one device platform to the Competition.
  17. Providing you meet the eligibility criteria above, and have been successfully registered by email during the Competition Period, your app becomes qualified (a "Qualified Application"). You will receive confirmation of your successful application by email.
  18. O2 does not accept any responsibility for late, lost, delayed, corrupted, illegible or incomplete registrations, which shall be disqualified at the sole discretion of O2 without any right of appeal.
  19. SELECTION PROCESS

  20. A panel of O2's customers chosen at random by O2 from the registered O2 Litmus community will select 3 finalists ("Finalists") from Qualified Applications received during the Competition Period.
  21. Finalists will be notified by telephone or email within five days of the end of the Competition Period.
  22. Final judging will be by O2 (at it's sole discretion) based on the following criteria:
    • relevance to O2 or its customers
    • popularity amongst O2's customers
    • technical execution
    and the winner ("Winner") will be notified by telephone or email on or after 23rd September 2009.
  23. The Winner and the Finalists will be announced on the Competition website no later than 30th September 2009.
  24. PRIZE

  25. The Winner will receive a cash prize of £10,000 (ten thousand pounds sterling). Cash prize will be distributed as soon as possible following announcement of the Winner which will take place on 30th September 2009 and in any event no later than 31 December 2009.
  26. GENERAL TERMS AND CONDITIONS

  27. The validity of any application to the Competition is subject to verification by O2. Any illegible, incomplete or fraudulent application will be rejected. Any applicant or any individual who enters or attempts to enter the Competition in a manner, which is contrary to these rules or by its nature is unjust to other applicants, will be rejected. All decisions of O2 with respect to any aspect of the Competition, including the eligibility or disqualification of applicants, are final, without right of appeal.
  28. The names of the Finalists will be posted on the Competition website. By entering this Competition you agree to O2 posting this information on the Competition website.
  29. The Prize must be accepted as awarded and cannot be substituted for another item or exchanged.
  30. If for any reason, O2 is unable to award a prize, or a portion of a Prize, as described in this Agreement, O2 reserves the right at its sole discretion to award a prize of equivalent value.
  31. Users' download of and/or access to your app will be subject to any licence terms you specify. You are responsible for ensuring the accuracy and appropriateness of your end-user licence terms. Your end-user licence terms must not refer to O2 or give any commitment from or create any obligations for O2. Example end-user terms and conditions are widely available. You may choose to use these terms as the basis of your licence to the end-user but you are not required to do so.
  32. As part of your entry in the Competition, you expressly warrant that:
    • you have the right to upload your app for judging;
    • your app does not infringe any Intellectual Property Rights;
    • your app (and any use of it by O2 and/end-users) complies with all applicable laws and regulations (including, without limitation, the Disability Discrimination Act 1995); and
    • your submission and/or your app is not illegal, offensive, abusive, malicious, threatening, racist, indecent, defamatory, pornographic, derogatory, obscene, menacing, or otherwise objectionable.
  33. You agree shall indemnify O2 and hold O2 harmless against):
    • all claims, liability, demands, proceedings, costs and expenses arising as a result of any act or omission by you under these terms, except to the extent such claims, liability, demands, proceedings, costs or expenses are directly attributable to the negligence of O2; and
    • any costs, damages, liabilities, losses or expenses (including legal expenses) incurred by O2 and arising from any legal actions, claims or demands brought against O2 by any third party which state that O2’s (or its sub-contractor’s or agent’s) possession and/or use of the winning app (or any part thereof) infringes any Intellectual Property Rights of a third party.
  34. You hereby agree that O2 shall exclusively own the Intellectual Property Rights in the winning app (and you agree to take all such actions and to execute all such documents, including but not limited to an assignment of all future rights in and to your Intellectual Property Rights, as may be necessary to enable O2 to obtain, defend or enforce its rights to use the Intellectual Property Rights in the winning app, and shall not do or fail to do any act which would or might prejudice O2’s rights).
  35. If your Qualified Application is the winning app, you hereby agree to grant to O2 an irrevocable, non-exclusive, perpetual licence to use, copy, install, maintain, modify, enhance and adapt your Intellectual Property Rights in the winning app and to allow members of the O2 or Telefónica group of companies to do the same. O2 may also assign its licence to use your Intellectual Property Rights in the winning app (or any part thereof) to any third party to which it may outsource the operation of a part of O2’s operations or business provided such third party’s use, copying, installation, maintenance, modification, enhancement and adaptation is solely for the purpose of providing a service to O2.
  36. You agree to waive all or any moral rights which you may have to the winning app.
  37. In these terms, “Intellectual Property Rights” means: (i) any (and any rights subsisting in any) patents, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, moral rights, database rights, know-how and Confidential Information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
  38. By participating in this Competition, you agree to release and hold O2, their advertising and promotions agencies, parent companies, affiliates, subsidiaries, officers, directors, agents, and employees, harmless from any and all liability whatsoever for any injuries, losses or damages of any kind arising you’re your participation in or in connection with the Competition.
  39. O2 reserves the right to modify, cancel, terminate or suspend the Competition in whole or in part, at its sole discretion, in the event of a virus, a computer bug or unauthorized human intervention or any other cause that is beyond the control of O2 that could corrupt or affect the administration, security, impartiality or normal course of the Competition.
  40. The Winner is solely responsible for the payment of any taxes as may be required by any applicable taxing authority.
  41. By completing and submitting the information requested in the course of the Competition to O2, you confirm to O2 that you are authorised to i) provide the requested information above to O2; ii) that the requested information provided is not considered confidential by you or any third party for the purposes of O2’s internal use and to facilitate participation in the Competition.
  42. By completing and submitting your personal information to O2 in connection with the Competition, you consent to the collection, use, and disclosure of such information by O2 for the purpose of administering and facilitating your participation in the Challenge and to contact you, if necessary, in relation to the Competition. O2 will not disclose any personal information to third parties without your consent.
  43. You agree that any O2 customer data made available to you in order to facilitate the delivery of the Qualified Application for testing will be kept confidential, not used for any other purpose than delivery of the Qualified Application and will be destroyed within 2 days of the customer receiving the Qualified Application.
  44. By entering the Competition, you consent to the use of your name, image, likeness and photograph, without compensation, in any publicity carried out in any media by or on behalf of the O2.
  45. These terms and any issues or disputes arising out of or in connection with them shall be governed by and interpreted in accordance with English Law and the Parties submit to the exclusive jurisdiction of the English Courts.

App Showdown Judging

If you apply to be an App Showdown judge and your application is successful then you accept that your personal data (including your mobile phone number, email address and your phone’s Unique Device Identifier (UDID)) may need to be passed to the relevant app developer(s) to facilitate testing of the Qualified Applications.

Anyone can be a judge for App Showdown. First, you’ll need to register as a customer on O2 Litmus. Then, send us an e-mail to competition@litmus.info to let us know that you’d like to take part.

You’ll need to include your name, e-mail address and what phone you have.

Judging will open on 8th September and apps on most platforms will be available to download and test on www.o2litmus.co.uk as normal. We’ll send you an e-mail to remind you and to tell you about the apps that have been entered.

Apps on O2’s leading exclusive handset brand will be part of the competition but judges with that phone had to be selected earlier for technical reasons so selection for them is now closed.

Once you’ve had a chance to check out the apps available, drop us a line to let us know your three favourites in order of preference. If there aren’t three apps for your phone don’t worry, just let us know which you like best.

© 2009 Telefónica O2 UK Limited
July 2009

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