Terms and conditions

Rules for Anaheim Apps Idea Contest — www.AnaheimApps.org

TERMS AND CONDITIONS

(Please check box on entry form to agree to terms and conditions in order to be eligible to enter the contest.)

NO PURCHASE NECESSARY TO ENTER OR WIN.

The Great Anaheim Apps Challenge (“Contest”) is sponsored by City of Anaheim, Anaheim Public Utilities, and Mayor’s Technology Advisory Committee, collectively referred to as the “City” and Disneyland Resort “Sponsor.”

Eligibility

The Contest is open to all individuals age 16 or older, on November 30, 2009, who are legal residents of the 50 United States or the District of Columbia. Entries submitted by teams or organizations will be deemed made by the individual named on the Entry form and, if such Entry is deemed a winner, the prize will be awarded to such individual. Employees, officers and directors of the City, and its respective, affiliates, and their immediate family members (spouse and parents, siblings and children and their respective spouses, regardless of where they reside) and persons living in the same household of such persons, whether or not related, are not eligible to participate in the Contest. Minors must have a parent or legal guardian sign a written permission form authorizing the minor to participate, prior to participation in the Contest and submit the form to the City by November 30, 2009. PARTICIPANTS WHO FAIL TO RETURN A SIGNED PARENTAL CONSENT BY THIS DATE WILL BE INELIGIBLE TO RECEIVE ANY PRIZES. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.

How to Enter

Ideas for a mobile application or a computer application (“Entry”) will be accepted between 12:01 a.m. Pacific Time (“PT”) on September 29, 2009 and 11:59 p.m. PT on November 30, 2009 (“Contest Period”). Ideas must be submitted online at www.AnaheimApps.org by following the directions provided. Ideas must be related to one of the five categories: (1) Water & Power; (2) Safety; (3) Parks & Recreation; (4) Sports & Tourism; or (5) Anything Anaheim. You may not enter the same idea multiple times in a category or categories. The idea, title, description and reasons for how the idea will help cannot exceed the allotted number of characters. Duplicate ideas received from multiple entrants will be time stamped and only the first time an idea is submitted, as determined by the City and the Judges, will be accepted as an Entry. Any same ideas received after the first time that an idea is received will be void. Entries generated by script, macro or other automated means, which subvert the Entry process and any incomplete or unintelligible Entry will be void, as determined by the City in its sole discretion.

Entry Requirements

All ideas submitted must be in English. To be valid, ideas do not have to be City-related, and/or directly support any City initiative. Entrants (and, if minors, their parents or legal guardians) represent and agree that the Entry does not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights. The City reserves the right to disqualify any Entry that it determines, in its sole discretion, is offensive or inappropriate, not in keeping with the City’s image or that is otherwise not in compliance with these Official Rules. By submitting an Entry, entrant (and, if minors, their parents or legal guardians) hereby grants permission for the Entry to be posted on www.AnaheimApps.org or other City of Anaheim websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. By submitting an Entry, all entrants (and, if minors, their parents and legal guardians) agree to have read and are deemed to have agreed to be bound by these Official Rules.

All fields designated as required on the page for submission must be completed before submitting an Entry.

Entrants (and, if minors, their parent or legal guardians) acknowledge and agree that the City may obtain many submissions under this Contest and that such submissions may be similar or identical in theme, idea, format or other respects to other ideas submitted under this Contest, developed by the City or their respective designees on their own, or in connection with other programs staged and/or sponsored by the City, and entrants (and, if minors, their parent or legal guardians) waive any and all claims they may have had, may have, and/or may have in the future, that any idea submission accepted, reviewed and/or used by the City, Sponsor (or their respective assigns/designees) may be similar to entrant’s submission or infringe on any of entrant’s rights. Entrants (and, if minors, their parent or legal guardians) acknowledge and agree that the City and Sponser do not have now, nor shall they in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or other rights in and to entrant’s submission.

Judging

The Contest will be judged by a panel of qualified judges selected by the Mayor and City of Anaheim Officials, collectively referred to as the “Judges.” All eligible entries received for each category will be awarded points on an overall scale of 1 – 10 based upon the following criteria:

  1. Originality — is the idea unique?
  2. Functionality and usefulness — is the idea useful to resident, business, or visitor?
  3. Practical application — can the idea be readily applied?
  4. Creativity and innovation — does the idea show thoughtfulness in new uses or interesting ways to mine data or offer information currently offered in a new way or not currently offered?

The Entry with the highest score in each category, as determined by the City in its sole discretion, will be deemed the potential winner for that category, for a total of five (5) winners, one per category. In the event of a tie in any category, an additional, “tie-breaking” judge will determine the potential winner for that category from among those tied based on the criteria listed herein. The City reserves the right not to award the prize for any category if, in its sole discretion, it does not receive any eligible and qualified entries for a category. Prize awards are subject to verification of eligibility and compliance with these Official Rules. The City reserves the right to acknowledge additional entries and award them special non-monetary recognition or prizes, in its sole discretion.

Winner Notification

Potential winners will be notified by telephone, email and/or mail and will be announced on or about January 5, 2010, and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by the City, which must be returned within five (5) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of the City to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at the City’s sole discretion, the prize may be awarded to a runner-up in the category at issue. If any potential winner is a minor in his/her jurisdiction of residence, the City reserve the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.

Winner Announcement/Event

The winners will be announced on January 5, 2010, with the exact time to be confirmed. Winners may be invited to a reception to meet and show their work to City Officials at a time yet to be determined. Exact details of winner announcement and reception will be determined by the City, which shall be provided at time of winner notification and are subject to change. Awards ceremony may be filmed, videotaped, photographed or otherwise recorded by the City or their respective designees (“Footage”). Footage will be owned by the City. The City and their respective designees shall have the right to use, edit, adapt, post, stream, copy and exploit such Footage and all elements embodied therein, including any names and likenesses embodied therein, in any and all media now known or hereafter devised throughout the world, in perpetuity, for advertising, promotional, trade & other purposes without compensation to or permission from winners.

Prizes

The following prizes will be awarded on or about January 5, 2010, with the exact time and date to be confirmed.

  • 1st place — $500 cash prize for each top idea in each category
  • 2nd place — flip video, valued at approximately $200, for the second place idea in each category.
  • 3rd place — 2 1-day Park Hopper tickets to the Disneyland Resort, valued at approximately $174, for the third place idea in each category
  • Honorable Mention — Starbucks gift cards, valued at $10.00 each. For those entrants receiving an honorable mention, as determined in the sole discretion of the City, one gift card will be awarded to the entrant who receives an honorable mention. The maximum number of gift cards that may be awarded for honorable mentions is twenty (20) per category.

Total Available Cash and Prizes

5$500 cash prizes (one per category)$2500
5Flip Video Camera (one per category)$1000
52 1-day Park Hopper tickets to the Disneyland Resort (one per category)$870
100$10 Starbucks gift cards, for honorable mentions (up to 20 per category)$1000
Total$5370

Prizes are awarded “as is” with no warranty or guarantee, either express or implied by the City and/or Sponsor. Gift cards are subject to terms and conditions specified by issuer. No cash, transfer or other substitutions may be made, except by the City and/or Sponsor, who reserve the right in their sole discretion to substitute a prize with another prize of comparable or greater value. Winners are solely responsible for any and all federal, state and local taxes as well as any costs and expenses associated with prize receipt and use not specified herein as being provided. All prize details are at the City’s sole discretion.

Grant of Rights — Indemnification

Entrant License: By entering this contest, I voluntarily and irrevocably grant in perpetuity to the City and its assigns any and all interest that I have in the Entry including, but not limited to, any ownership interest, right to use, reproduce, publicly or privately perform, display, broadcast, transmit, revise, modify, and/or edit the Entry (including all elements embodied therein), in whole or in part, digitally or otherwise in all media and formats that are known or hereafter devised. I understand and agree that the City and its assigns may use the Entry for any purpose including, but not limited to, internal or external publications, posters, website, or other media, advertising, or other purposes. I warrant and represent that the Entry is original with me in all respects. I am the sole and exclusive owner of the Entry; which is free, clear, and unencumbered. I expressly waive ownership of any such Entry submitted to the City and I waive any right to inspect the use of the Entry in any manner including, but not limited to, the right to approve any finished product, advertising or other copy that may be used in connection therewith or the use to which it may be applied.

I expressly agree to indemnify the City, Sponsor and its assigns, if any, from and against any and all loss, damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement, penalties, and expenses that may be obtained against, imposed on, or suffered by the City, Sponsor and its assigns by reason of: (1) any violation or infringement of any proprietary right or copyright related in any way to the Entry; (2) any libelous or unlawful matter contained in the Entry; or (3) any invasion of privacy or trespass related to the Entry from any use that may be made of the Entry by the City, Sponsor and/or their assigns.

Winner Assignment: By accepting a prize, each winner agrees the City shall own the Entry submitted (including all rights embodied therein) and that it and its assigns/designees may exploit, edit, modify, and distribute the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.

Use of Winners’ Name and Likeness

Acceptance of a prize constitutes permission for the City and their respective assigns/designees to use each winner’s name, city and state of residence, biographical information, voice, photograph and/or likeness in print, broadcast, or other forms of distribution now known or later developed worldwide in perpetuity, without further payment or consideration, notification or permission.

Liability

Released Parties (as defined below) are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes, or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by the City, will be disqualified and all associated Entries will be void. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If for any reason the Contest is not held as planned for any reason, including without limitation, incidents of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other factors that corrupt or affect the administration, fairness, security, integrity, or proper conduct of this Contest, the City reserves the right to suspend or cancel the Contest. In the event of termination, the City may, at their discretion, determine the winners for each category from among all non-suspect, eligible entries received up to time of such action using the judging procedure set forth above.

By participating in the Contest, entrants (and, if minors, their parents or legal guardians) agree to be bound by these Official Rules and the decisions of the City and judges, and waive any right to claim ambiguity in the Contest or these Official Rules. Entrants (and, if minors, their parents or legal guardians) also agree to release, discharge, indemnify and hold harmless the City, Sponsor, and their respective parents, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, legal advisors and all prize providers, and the officers, directors, trustees, employees and agents of each (collectively, “Released Parties”), from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in the Contest or any Contest-related activity, including any claims relating to use misappropriation or disclosure of any materials submitted by such winner or entrant. Decisions of the City and Judges are final in all matters relating to the Contest.

Disputes

Except where prohibited, entrant (and, if a minor, his/her parent or legal guardian) agrees that: any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, exclusively in the federal or state courts located in the County of Orange, State of California, and the entrant (and, if a minor, his/her parent or legal guardian) consents to the exercise of personal jurisdiction over them by any such courts for purposes of any such action or proceeding. Entrants will not be permitted to obtain awards for, and hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Entrants (and, if minors, their parents or legal guardians) further agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrants be able to receive attorneys’ fees or other legal costs.

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligation of the Entrant and the City in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of California. Any action brought relating to this Contest shall be adjudicated in a court of competent jurisdiction in the County of Orange.