Contest Rules
Official Rules of the My Dream App Contest
1) PROGRAM DESCRIPTION: MyDreamApp ("the Contest") is a contest in which entrants can win the opportunity to have experienced Macintosh software developers develop their idea for a software application. Winners will receive royalties equal to 15 percent of the net income of the application after it goes on sale. A panel of judges will initially winnow down entry submissions to twenty-four (24) selected Finalists. The Finalists will be publicly announced and expected to greatly expound their idea over the duration of the Contest by means of activities such as blogging and podcasting on the Contest website. Then, the Finalists must last through five elimination rounds determined by popular vote to become one of three winners to secure a My Dream App publishing contract. Additionally, all Finalists will awarded assorted Apple product prizes (see Section 4 - Prizes).
2) HOW TO PARTICIPATE/WINNER SELECTION: There are two phases to the Contest: the Submission Round and the Elimination Round. During the Submission Round, entrants must describe the software application he or she would like developed if awarded the MyDreamApp publishing contract. At the conclusion of the Submission Round, twenty-four (24) entrants will be selected as Finalists by a panel of qualified judges.
Submission Round: The Submission Round begins at 12:00 a.m. (PT) on August 21, 2006 and ends at 12:00 p.m. (PT) on September 1, 2006. Entries can be modified after submission until a deadline of 12:00 p.m. (PT) on August 28th, 2006. To enter, access the Contest website online at http://www.mydreamapp.com. Click on the "Submit an Idea" link near the top of the page and follow the prompts. Upon completion of your entry, click to submit as instructed. The entry submission must not exceed 800 characters (roughly 160 words). ENTRY SUBMISSIONS MUST BE ORIGINAL, CREATED SOLELY BY THE ENTRANT AND MUST NOT INCLUDE ANY INSTANCES OF PLAGIARISM. PLAGIARISM INCLUDES, WITHOUT LIMITATION, DIRECTLY COPYING AN IDEA YOU MIGHT HAVE SEEN ON THE CONTEST FORUMS, OR MODIFYING SUCH AN IDEA FOR SUBMISSION. IF YOU THINK YOU MIGHT BE PLAGIARIZING, YOU PROBABLY ARE. PLEASE CONTACT SUPPORT@MYDREAMAPP.COM WITH ANY PLAGIARISM CONCERNS, AS ALL FINALISTS' ENTRY SUBMISSIONS WILL BE CAREFULLY SCRUTINIZED BY THOUSANDS OF PEOPLE. Entries may only be submitted by individual entrants. Group entries will not be accepted. Prizes will only be awarded to individual entrants. You may submit up to three (3) entries, however each submission must be unique, and you only may be selected as a Finalist once.
Determining Finalists: All eligible (see Section 5 - Eligibility) submissions received will be screened by a panel of qualified judges supervised by MDA, who will score each entrant's submission based on the following judging criteria, each of which are weighed equally: A) Innovation and Creativity of the Idea; B) Use of OS X and Leopard technologies; C) Feasibility of Development; and D) Mass-Market Appeal (collectively, the "Criteria"). The judges will choose the twenty-four (24) highest-scoring entries, whose authors will become Finalists and compete for the Grand Prize. If two or more entry submissions are fundamentally similar in nature (i.e. two submissions both describe an idea for a web browser, etc.), MDA JUDGES WILL ONLY SELECT A MAXIMUM OF ONE OF THESE ENTRIES TO BE A FINALIST. Potential Finalists may be contacted in order for MDA to judge whether the Finalist would be able to complete his or her participation in this event. MDA reserves the right to disqualify any potential Finalist if the perceived ability of the potential Finalist to complete his or her Project is not acceptable to MDA, at their sole discretion. If a potential Finalist is disqualified, an alternate Finalist will be selected from the next-eligible highest-ranking Finalist. Finalists will be announced on the Contest website between September 4, 2006 and September 15, 2006.
Elimination Round: The Elimination Round for the Contest begins as soon as all Finalists are announced. It will run from September 16, 2006 to October 23, 2006. During the Elimination Round, Finalists will further articulate their idea by providing updates on the Contest website blog mechanism available to all Finalists. Registered users of the Contest website will narrow the field of twenty-four (24) Finalists to three (3) Winners through five rounds of popular voting. Voters will be heavily encouraged to vote based upon their interpretation of the aforementioned Criteria as it applies to the Finalists' entry submissions. Expert guest judges will weigh in every week to help inform voting decisions. In the unlikely event of a tie during any of the five rounds of the Elimination Round, a one-day round of voting will be held as a tiebreaker.
Proof of submission of entry materials does not constitute proof of delivery. All entry materials received by the Sponsor will not be returned. "Releasees" (as defined below) assume no responsibility for lost, late, illegible, garbled or misdirected entry materials, or for any computer, online, telephone, human, or other error or for any technical or other malfunctions that may occur. No mechanically reproduced, illegible, incoherent, unusable, or incomplete entries will be accepted. Proof of e-mailing or submission does not constitute proof of delivery. All information is collected in the United States of America.
All prizes will be awarded provided a sufficient number of qualified eligible entries are received. Final Winners will be notified by e-mail between October 23, 2006 and October 30, 2006. Non-selected entrants will not be contacted. Should a Finalist decide to cease participation during the Elimination Round or decline to compete, as judged by MDA, MDA reserves the right to disqualify that Finalist and select an alternate Finalist from the next-eligible highest-ranking entry submitted during the Submission Round.
4) PRIZES: Three (3) Grand Prizes of an Apple MacBook (1.83GHz, 512MB RAM, 60GB 5400-rpm hard drive, combo drive) and a MyDreamApp publishing contract will be awarded. Three (3) First Runner-Up Prizes of an Apple Mac Mini (1.5GHz, 512MB RAM, 60GB hard drive, combo drive) will be awarded. Three Second Runner-Up Prizes of an Apple iPod Video will be awarded (30GB, Black or White at My Dream App's discretion). Six (6) Third Runner-Up Prizes of an Apple iPod Nano will be awarded (1GB, Black or White at My Dream App's discretion). Six (6) Finalist Prizes of an Apple iPod Shuffle will be awarded (512MB). Total approximate retail value of all prizes is $7,300.00. All prize values in U.S. Dollars. Any applicable taxes on the prize or expenses not listed herein are the sole responsibility of the winner. Prizes may be subject to U.S. withholding taxes and non-U.S. winners (if any) may be required to complete an IRS W8-BEN. Prizes are not redeemable for cash. MDA reserves the right to substitute a prize of equal or greater value if entire prize or a portion of the advertised prize is unavailable for any reason. No barter, transfer, or assignment of any prize permitted, except by MDA at its sole discretion. All terms and conditions of the prizes offered will be furnished at the time of prize award.
5) ELIGIBILITY: The Contest is open to individuals 18 years of age or older (or major age in country of contestant) at time of entry. Void where prohibited by law, including the countries of Cuba, Iran, Libya, North Korea, Sudan and Syria. Employees of MDA, and anyone working directly on the Contest and its respective affiliates, parent companies, subsidiaries, prize suppliers, promotion, advertising and promotional agencies, and the immediate family members and persons living in the households of each are not eligible to enter.
6) GENERAL CONDITIONS: Entry submissions must be executed solely by entrant and if selected as a Finalist, the entrant represents he or she must have created and own the submission and the right to submit it must not be restricted in any way. All entry submissions must be in English. Entry submissions cannot defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or property rights. Modifying, enhancing or altering a third party's pre-existing work does not qualify as entrant's original creation. Entry submissions may not be offensive, as determined by judges in their sole discretion. Releasees are not responsible for typographical errors or any other errors in entries submitted. Entries not complying with all rules are subject to disqualification. Each selected Finalist grants to MDA (including its affiliates, employees, agents, and contractors) and the Contest judges an irrevocable, royalty free, worldwide license to use, review, assess, test and otherwise analyze the entry submission and all its content in connection with this Contest. MDA shall not have any obligation to limit or restrict the assignment of such persons or to pay royalties for any work resulting from the use of residuals. Permission is also granted for MDA to promote and disclose Winners and Finalists in perpetuity in any medium it may see fit including, but not limited to, website, television, radio and/or printed materials. THE ONLY ROYALTIES WINNERS ARE ENTITLED TO ARE FIFTEEN (15) PERCENT OF THE NET INCOME OF THE PRODUCT THAT MDA DEVELOPS BASED UPON THE WINNERS' ENTRY SUBMISSIONS. Entrants agree to be bound by the terms of these Official Rules and the Terms & Conditions. The Contest and your use of the website are governed by the laws of New Hampshire and the federal laws of the United States of America applicable therein, and you irrevocably agree to attorn to the non-exclusive jurisdiction of the courts of New Hampshire. The Finalists will be required to execute and return an Affidavit of Eligibility and Liability Release within 3 days following the date of issuance of notification. Non-compliance within this time period or return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Finalist. By entering, participants release and hold harmless MDA and its respective subsidiaries, affiliates, advertising and promotions agencies, prize suppliers, and all of their employees, officers, directors, shareholder's and agents (collectively, "Releasees") from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Contest, the use of any entry, or the acceptance or use of any prize won. (For more details, see Terms & Conditions)
7) INTERNET: The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or vote repeatedly (as solely determined by MDA) is prohibited. If for any reason this contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, uploads of malicious files or viruses, or any other causes beyond the control of MDA which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, MDA reserves the right at its sole discretion, to disqualify any entry or any individual who tampers with the entry or voting process, and to cancel, terminate, modify or suspend the Contest and select winners using all eligible, non-suspect entries and/or votes received as of the date of termination. Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Releasees are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MDA RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner, the winning entry will be declared at the sole discretion of MDA.
---------------------------------------
My Dream App Contributor Agreement
These terms and conditions apply to anyone submitting ideas or any other content or material to MyDreamApp ("MDA"). A copy of this Agreement is posted on http://www.mydreamapp.com. By selecting the "I agree" option associated with this Agreement, or by submitting any material to MDA, You agree that You have read and understood this Agreement and intend for it to be legally binding between You and MDA. Do not submit anything if You are unwilling to abide by the terms and conditions contained herein.
These are the terms and conditions that MDA offers for Your Submissions in exchange for potential royalties.
1. Overview. If a Submission is Accepted by MDA (i.e. Your Submission wins the MyDreamApp contest), You will be paid royalties equal to fifteen (15) percent of the net income of the product developed by MDA (see Section 6 - Payment). Do not submit to MDA any confidential or proprietary material. MDA does not sign NDA's (Non Disclosure Agreements) and does not agree to non-use of material submitted to MDA (see Section 8 - Confidentiality). Also, if MDA Accepts a Submission, it will become the property of MDA. HOWEVER, IF A SUBMISSION IS REJECTED BY MDA, YOU WILL RETAIN TITLE TO ALL RIGHTS TO AND INTERESTS IN THE SUBMISSION (SEE SECTION 7 - OWNERSHIP OF SUBMISSIONS).
2. Definitions and Contest Guidelines. "You" means the individual selecting the "I agree" option associated with this Agreement. "Submission" means anything submitted by you to MDA, whether in the nature of an idea or any other content or material. "Accepted" means the acceptance by MDA of a Submission, which must be manifested by a signed Acceptance Form. "Acceptance Form" means the document which must be signed by You and MDA to evidence Acceptance of a Submission. Initially, twenty-four (24) Submissions as identified by MyDreamApp.com will be Accepted, but as Submissions are systematically eliminated from contention for the MyDreamApp.com contest, the eliminated Submissions will be considered "Rejected." Ultimately, only three (3) Submissions will be Accepted, based upon the popular voting of registered users of MyDreamApp.com within the format determined by MyDreamApp.com administrators.
3. Updates to this Agreement. MDA has the right to modify this Agreement. Changes will not apply retroactively and will only apply to future agreements.
4. Eligibility. The MyDreamApp.com contest is open to individuals 18 years of age or older (or major age in country of contestant) at time of entry. Void where prohibited by law, including the countries of Cuba, Iran, Libya, North Korea, Sudan and Syria. Employees of My Dream App, and anyone working directly on the MyDreamApp.com contest and its respective affiliates, parent companies, subsidiaries, prize suppliers, promotion, advertising and promotional agencies, and the immediate family members and persons living in the households of each are not eligible to enter.
5. Term. The term of this agreement starts when You select "I agree" or as soon as You send MDA any material. The term lasts for two years, or the life of the project, whichever is greater. Life of the project means any development, marketing, or sales availability of the product. When the agreement terminates, there are no more obligations or liability to You except any outstanding payments MDA still owes You.
6. Payment. If Your Submission is Accepted, You will receive royalty payment via PayPal equal to fifteen (15) percent of the net income of the Apple Macintosh-compatible product developed by MDA based upon Your Submission. Payments to You will commence 30 days after the product makes its first sale and will continue at 30-day intervals provided that the product is profitable.
7. Ownership of Submissions. (I) When You send MDA your submission, You are assigning MDA all rights and interests - including all intellectual property rights - in the Submission, and MDA shall be the absolute owner of all rights and interests therein; (II) IF A SUBMISSION IS NOT ACCEPTED BY MDA, YOU RETAIN TITLE TO ALL RIGHTS AND INTERESTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, IN THE SUBMISSION. IF A SUBMISSION IS ORIGINALLY ACCEPTED BY MDA, BUT LATER REJECTED, ALL RIGHTS AND INTERESTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, IN THE SUBMISSION WILL BE RELEASED TO YOU; and (III) All MDA products and all intellectual property and other rights are the property of MDA, regardless of whether a Submission has been incorporated into them. You acknowledge and agree that You have no property rights or license to any MDA products, including MDA products that may come into Your possession in the course of performing work for MDA.
8. MDA Has No Obligations of Confidentiality or Non-Use. Because MDA receives submissions which may be similar to one another or overlap, MDA does not agree to obligations of nondisclosure or non-use of material which is sent to MDA, and accordingly You should not submit to MDA any of Your confidential or proprietary material.
9. Your Obligations of Non-Use. If a Submission is Accepted (and thereby becomes MDA's property in accordance with Section 7), You do not use any information or material in the Submission for Your own personal gain.
10. MDA Has the Obligation to Develop an Accepted Submission. After a Submission is Accepted (the 3 Winners), MDA has the obligation to put forth all reasonable effort to develop a product based upon the Accepted Submission and release it for commercial gain.
11. Your Warranties and Covenants. You represent, warrant and covenant that: (I) You are the originator and owner of all material submitted by you and, to your knowledge, such material does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or any law, judgment, order, or injunction of any government, court or other body having jurisdiction over you; (II) You will not submit inaccurate, false, misleading, malicious or harmful material, including without limitation any harmful, disruptive or destructive code or viruses; and (III) You agree that You shall be solely responsible for, and shall indemnify MDA against, any sales, withholding or value added tax that may be payable in respect of any payments made to You hereunder.
12. Indemnity. You agree at all times to be liable for and to indemnify, defend and hold harmless MDA and its directors, officers, employees, contractors, agents, shareholders, or successors against all actions, claims proceedings, costs, demands, damages and liabilities whatsoever or howsoever sustained, incurred or paid by MDA which is in any way caused in whole or in part by or related to: (I) Your non-compliance with any provision of this Agreement; or (II) any action, suit or proceeding brought by any third party in connection with a Submission by You including but not limited to those brought for actual, alleged, direct or contributory infringement of any copyright, patent, trademark, trade secret or other proprietary rights.
13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MDA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES, EXPENSES, CLAIMS OR LIABILITY WHATSOEVER (INCLUDING WITHOUT LIMITATION THIRD PARTY CLAIMS, LOSS OF OPPORTUNITY, HARM TO BUSINESS, LOSS OF REVENUE OR OTHER ECONOMIC LOSS) (COLLECTIVELY, "LOSS"), EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. THE ENTIRE LIABILITY OF MDA FOR DIRECT LOSS SUFFERED BY YOU IN CONNECTION WITH THIS AGREEMENT OR ANY SUBMISSION BY YOU, AND YOUR EXCLUSIVE REMEDY IN CONNECTION THEREWITH, SHALL BE LIMITED TO PAYMENT OF ONE HUNDRED DOLLARS ($100.00) BY MDA TO YOU.
14. Waiver and Release. THE OBLIGATIONS AND LIABILITIES OF MDA EXPRESSLY SET FORTH IN THIS AGREEMENT AND YOUR RIGHTS AND REMEDIES THAT ARE EXPRESSLY SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN SUBSTITUTION OF ANY OTHER OBLIGATIONS, LIABILITIES, RIGHTS OR REMEDIES WHATSOEVER WHETHER EXPRESS OR IMPLIED OR IN CONTRACT, LAW, EQUITY OR OTHERWISE. YOU HEREBY WAIVE, RELEASE AND RENOUNCE ALL RIGHTS, CLAIMS AND REMEDIES AGAINST MDA THAT ARE NOT EXPRESSLY STATED IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (I) ANY CLAIM IN RESPECT OF OWNERSHIP OF A SUBMISSION OR MDA PRODUCT OR OF ANY RIGHTS THEREIN OR THERETO; OR (II) ANY CLAIM IN CONNECTION WITH THE CALCULATION OF PAYMENTS OR AMOUNT OF PAYMENTS IN CONNECTION WITH A ROYALTY INTEREST HELD BY YOU.
15. Termination. In the event of Your non-compliance with any provision of this Agreement, MDA may terminate this agreement immediately by providing notice to You at the electronic mail or other address provided by You in Your correspondence with us, in which case all payment obligations shall cease save for payments accrued but not paid as at the date of termination (which shall be subject to set-off by MDA in respect of loss or damage suffered by MDA). MDA may in its sole discretion elect not to terminate this Agreement and instead, without limitation, cancel or reduce any royalties that may have been earned by you. If MDA is sold or liquidated, MDA shall (I) continue to honor this Agreement; or (II) terminate this Agreement and make a lump sum payment equal to 12 times the average monthly royalty payment to You over the preceding 12 months. If a MDA product is sold that has not yet been profitable (hence no royalty payments have been made), You will be compensated in direct relation to the valuation price of the product sold. If a product is not covered by either of these two cases its value will be articulated in the deal value. MDA reserves the right to terminate this Agreement if it suspects any degree of Voting Fraud, which includes without limitation using an automated mechanism to increase vote tallies in the MyDreamApp.com contest.
16. Assignment. You shall not assign this Agreement or buy, sell, trade, assign, or give as security (collectively, "transfer") any financial interest in this Agreement without the written consent of MDA, which consent may be withheld in MDA's sole and absolute discretion. Any transfer of this Agreement or any interest herein in violation of the foregoing shall be null and void.
17. Miscellaneous. This Agreement contains the entire agreement and understanding between MDA and You with respect to its subject matter. This Agreement and your use of the website are governed by the laws of New Hampshire and the federal laws of the United States of America applicable therein, and you irrevocably agree to attorn to the non-exclusive jurisdiction of the courts of New Hampshire. MDA's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Should any part of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the document had been eliminated. Nothing in this Agreement shall be construed as establishing or implying any relationship of employer-employee, partnership, agency, security holder or joint venture between MDA and You. This Agreement shall inure to the benefit of and be binding on MDA and You, and MDA's and Your permitted successors and assigns. All rights not expressly granted herein are reserved.
