YouTube Hackathon Official Rules and Non-Disclosure Agreement

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

The YouTube Hackathon (the “Contest”) is a skill-based contest in which participants must develop a software application that utilizes the YouTube API (to be provided by Google). The application that you develop will be evaluated by judges as well as other YouTube Hackathon attendees.  Winner(s) will be selected in accordance with these Official Rules. Prize(s) will be awarded pursuant to the criteria listed below. See below for complete details.

1. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules and Non-Disclosure Agreement (“Rules”). You are required to read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described below unless you agree to these Rules by submitting a signed copy of these Rules to Google Inc. (“Google”) representatives at the Contest. These Rules form a binding legal agreement between you and Google with respect to the Contest. If you are submitting a team entry in the Contest, every member of your team must agree to these rules and submit signed copies of the rules to Google.

2. ELIGIBILITY: To be eligible to enter the Contest, you and all members of your team must be: (1) above the age of eighteen (18) years old; (2) not a resident of a country under export controls or sanctions; and (3) a registered guest for the YouTube Hackathon. Google reserves the right to verify eligibility and to adjudicate any dispute at any time. If you are entering as part of a company or on behalf of your employer, these rules are binding on you, individually, and/or your employer. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto, including your potential receipt of a prize. You further warrant that your actions do not violate your employer’s or company’s policies and procedures.  If you are a government official, you assert that you are participating in the Contest as an individual, and not in your capacity as a government official.

3. SPONSOR: The Contest is sponsored by Google (“Google” or “Sponsor”), a corporation based in the United States with its principal place of business at 1600 Ampitheatre Parkway, Mountain View, California 94043.

4. CONTEST PERIOD: The Contest begins on January 26, 2013 at the time announced during the YouTube Hackathon event and ends on January 27, 2013 at the time announced during the YouTube Hackathon event (“Contest Period”).

5. HOW TO ENTER: To enter the Contest, you must attend the YouTube Hackathon and follow the instructions for developing an application that utilizes the YouTube API described above (“Application”). Written parts of entries must be in English to be eligible, the Application must, at a minimum, support English language use, work on an Android mobile device, and utilize the YouTube API (“Requirements”).

LIMIT ONE (1) ENTRY PER PERSON. Subsequent entries will be disqualified. All entries must be received by the end of the Contest Period. Entries are void if they are in whole or part nonfunctional, incomplete, obtained through fraud, or late. All entries will be deemed made by the person submitting them; any entries submitted by a team are considered to be submitted by the person submitting the entry.  The potential winner may be required to show proof of being the creator of the winning application, including verification from his team that he was the agreed-upon designee to submit the Application on behalf of the team and that the members of his team were the creators of the winning application.

During the Contest Period, the Sponsor, its agents and/or the Judges (defined below) will be evaluating each Application to ensure that it meets the Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant who submits an Application that does not meet the Requirements.

6. JUDGING: Each entry will be judged by a panel of experts named by Google Inc. (“Judges”). On or about January 27, 2013, each Application will be evaluated by the Judges based on the following criteria:

desirability, feasibility, and viability.

Desirability is defined as the ability of the submitter to identify their target users, demonstrate a clear vision and value proposition to attract those target users through well-thought out use cases, and for the user interface to be intuitive and visually appealing.

Feasibility is defined as the ability of the application to be implemented from a technical perspective.

Viability is defined as the ability of the application to acquire users, monetize, and have a sustainable business model to grow.

Judges will evaluate and attribute a score to each Application made up of scores based upon the above-listed criteria. Depending upon the number and type of entrants, entries may be divided into the following categories:

(1)  New application created at the Contest

(2)  Existing application improved or ported at the Contest

(3)  New Google TV-specific application created at the Contest

(4)  Existing Google TV application improved, or existing application ported to Google TV, at the Contest.

Google will announce its final determination (which will be made at its sole discretion) regarding in what categories prizes will be awarded at the Contest.

Regardless of how, and whether, entrants are categorized, a vote will also be held among all of the attendees of the YouTube Hackathon to award one application with the award of “best overall application,” based on the aforementioned criteria.

The entries that receive the highest overall scores will be selected as the potential winner(s). In the event of a tie regarding categories 1-4 above, the Application that received the higher score from the Judges in the category of “Viability” will be selected as one of the potential winner(s). In the event of a tie regarding category 5 above, the Application that received the highest overall scores from Judges will be selected as the potential winner.  In the event a potential winner is disqualified for any reason, the Application that received the next highest total score will be chosen as the potential winner.

On or about January 27, 2013 the potential winner(s) will be selected and notified at the YouTube Hackathon. If a potential winner is not present, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible entries received based on the judging criteria described herein. Except where prohibited by law, each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor.  All notification requirements, as well as other requirements within these Rules, will be strictly enforced.  In the event that no entries are received, no prize will be awarded. Determinations of judges are final and binding.

7. PRIZES:

Odds of winning any prize depends on the number of eligible entries received during the Contest Period and the skill of the entrants. No transfer, substitution or cash equivalent for prize(s) is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. The prize(s) may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The person who submits the winning Application shall bear all responsibility for providing the appropriate address to which prizes may be sent, use of the prize(s) in compliance with any conditions imposed by such manufacturer(s), any additional costs associated with its use, service, or maintenance, and any distribution of the prize(s) between members of a winning team. Sponsor has not made and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize(s), regarding the use, value or enjoyment of the prize(s), including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose.

8.  LICENSE TO SOFTWARE:  During the course of the Contest, Google may provide YouTube Hackathon attendees with access to certain software code created by Google.  Any such code is licensed for use during the Contest pursuant to the following license terms:  Google hereby grants you a non-exclusive, non-assignable, non-transferable license to utilize software code provided or made accessible to you by Google during the Contest for use during the Contest.  Unless otherwise specified by Google, this license terminates at the conclusion of the Contest on January 27, 2013.  You acknowledge and agree that any software code to which Google provides you with access during the Contest, along with any portion thereof or copies thereof are the property of Google and are being licensed to you according to the terms above.  

9. TAXES: PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO GOOGLE ALL DOCUMENTATION REQUESTED BY GOOGLE TO PERMIT IT TO COMPLY WITH ALL APPLICABLE LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES GOOGLE IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit any tax documentation requested by Google or otherwise required by applicable law, to Google or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winner and his/her parent or legal guardian are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Google may, in its sole discretion, select an alternative potential winner.

10. GENERAL CONDITIONS: All local laws and regulations apply. Google reserves the right to disqualify any entrant from the Contest if, in Google’s sole discretion, it reasonably believes that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, Google, or the Judges.

11. INTELLECTUAL PROPERTY RIGHTS: By submitting an Application in this Contest, the entrant and his/her team members warrant and represent that the entrant and/or his/her team members, own or are authorized to use all of the intellectual and industrial property rights in and to the Application. Further, the entrant and his/her team members agree that if any portion of the Application should be deemed to be owned by the entrant and/or a member of his/her team, that the persons who own the Application or portions thereof will, as a condition of entry, grant Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, publicly perform, publicly display and create a derivative work from, any submitted Application solely for the purposes of allowing Google to test and evaluate the Application for purposes of the Contest and to advertise, display, demonstrate, or otherwise promote the Application. Participant specifically agrees that Google shall have the right to use, reproduce, publicly perform, and publicly display the Application in connection with the advertising and promotion of the Contest and the Application, 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.

During the Contest, Google may provide Participants with ideas or information.  Any ideas or information provided to Participants by Google is being licensed to Participants as described herein, and remains the sole property of Google.  

12. PRIVACY: You agree that personal data, including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest. By entering the Contest, you agree to the transmission, processing, sharing and storage of this personal data in the United States.  You also understand that this data may also be used by Google to verify an entrant’s identity, postal address and telephone number in the event an entrant qualifies for any applicable prize as well as to deliver the applicable prize(s). You have the right to access, review, rectify or cancel any personal data held by Google in connection with the Contest by writing to Google at the address listed below. Otherwise, all personal information that is collected from the entrant is subject to Google’s Privacy Policy.

13. PUBLICITY. By accepting a prize, entrant agrees to Sponsor and its agencies use of his or her name and/or likeness and Application for advertising and promotional purposes without additional compensation, unless prohibited by law.

14. ELIMINATION: Any false information provided within the context of the Contest by any entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules may result in the immediate elimination of the entrant from the Contest.

15. RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Google reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Google further reserves the right to disqualify any entrant who tampers with the submission process or any other part of the Contest. Any attempt by an entrant to deliberately undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Google reserves the right to seek damages from any such entrant to the fullest extent of the applicable law.

16. WARRANTY AND INDEMNITY: You warrant that:

(a) any Application you submit as part of the Contest is the original work of you and/or your team members except to the extent that you specifically disclose that an Application is based upon open-source code or previously-existing code or concepts provided to you by Google;

(b) you and/or your team are the sole and exclusive owner and rights holder of your submitted Application except to the extent that you specifically disclose that an Application is based upon open-source code or previously-existing code or concepts provided to you by Google;

(c) you and/or your team have all necessary licenses to use and submit the Application in the Contest and to grant all required licenses to Google;

(d) your Application does not (1) infringe 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, privacy, publicity or confidentiality obligations; or (2) otherwise violate applicable law or contractual obligations of you and/or your team.

To the maximum extent permitted by law, you indemnify and agree to keep indemnified Google at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission and/or a breach of this agreement, including but not limited to third-party claims that your Application or other material you provide to Google 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.

ANY SOFTWARE PROVIDED TO YOU BY GOOGLE AS PART OF THE CONTEST IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS IS" BASIS AND "WITH ALL FAULTS", WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM GOOGLE. YOUR USE OF ANY SUCH SOFTWARE IS AT YOUR OWN DISCRETION AND RISK.  GOOGLE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES FOR LICENSED TECHNOLOGY INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an Application into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment or an offer to enter into a business arrangement with Google. You acknowledge that you have submitted your Application voluntarily and not in confidence or in trust. These Rules do not create any agency or partnership relationship. No person other than you and Google and its respective group companies has any rights under these Rules.  These Rules are not assignable or transferable by either party without the prior written consent of the other party.  You acknowledge that, other than the non-disclosure agreement below, no relationship or implied-in-fact contract now exists between you and Google under these Rules.

18. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules 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 Contest are hereby excluded, and all Participants expressly waive any and all such rights.

19. WINNER’S LIST: You may request a list of winners after January 27, 2013 but before January 27, 2014 by sending a self-addressed stamped envelope to:

Kirill Kounik, Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043 USA

20. NON-DISCLOSURE AGREEMENT:

a. Prior to or during the Contest, Google, any of its group companies, agents or third party contractors (or those of its group companies) (the “Discloser”), may disclose to you (the “Receiver”) information that the Discloser considers confidential (“Confidential Information”).

b.  You may only use Confidential Information during and in connection with the Contest. Receiver shall protect Confidential Information and prevent any unauthorised use or disclosure of Confidential Information. You may only share Confidential Information with others on your team (“Personnel”) who need to know it in connection with the Contest. You and Google shall each ensure that their Personnel keep the Confidential Information confidential and only use it for the Contest.

c.  Confidential Information does not include information that: (a) was known to you without restriction before receipt from Discloser; (b) is publicly available through no fault of Receiver; (c) is lawfully received by Receiver from a third party without a duty of confidentiality; or (d) is independently developed by Receiver. A party may disclose Confidential Information when compelled to do so by law provided that it gives reasonable prior notice to the other party, unless a court orders that such notice is forbidden.

d.  These Rules terminate five (5) days after the Contest, but the provisions of this Section 20 will still survive in respect of Confidential Information disclosed before termination.

e.  Unless the parties otherwise agree in writing, your duty to protect Confidential Information expires five years from disclosure.

f.  You do not acquire any intellectual property rights under these Rules other than the license stated in Section 8 above.

This is the parties’ entire agreement on this topic, superseding any other agreements. Any amendments must be in writing. Failure to enforce any of the provisions of this agreement will not constitute a waiver.

I confirm that I have read and understood the rules and non-disclosure agreement set out above and warrant that I have the requisite authority to bind myself and, if applicable, the entity named below to such terms and conditions.

* Your Name

* Your Company (if any)

* Email:

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