OpenSolaris Apps of Steel Challenge Rules and Restrictions

OpenSolaris Apps of Steel Challenge
OFFICIAL RULES
NO PURCHASE NECESSARY

  1. 1. DESCRIPTION OF THE CONTEST: The OpenSolaris Apps of Steel Challenge ("Contest") is designed to encourage developers to create and port rich, quality applications to work on the OpenSolaris operating system. Prizes will be awarded to those who submit the best entries as determined by the judges in accordance with these Official Rules.

  2. 2. ELIGIBILITY: This contest is open to members of the OpenSolaris.org community who are legal residents of Argentina, Australia, Brazil, Canada, Cambodia, Chile, China, Colombia, Egypt, a European Union member state, India, Indonesia, Israel, Japan, Malaysia, Mexico, New Zealand, Norway, Panama, Peru, the Philippines, Russia, South Africa, South Korea, Sri Lanka, Switzerland, Thailand, Taiwan, Turkey, Ukraine, the United States, or Venezuela, and are of majority legal age in their country, province or state of legal residence, at the time of entry. Void in Puerto Rico, Quebec and where prohibited by law. Sponsor reserves the right in its sole discretion to modify the list of eligible resident countries at any time during the Contest Period. If you are not currently a member of the OpenSolaris.org community, you can sign up for a free membership account at https://opensolaris.org/register.jspa.

    Persons in any of the following categories are not eligible to participate or win the prizes offered: (a) Employees or agents of Sun Microsystems, their parent companies, affiliates and subsidiaries, participating advertising and promotion agencies, application development partner companies, and prize suppliers; (b) immediate family members (defined as parents, children, siblings and spouse, regardless of where they reside) and/or those living in the same household as any person in (a) above; and (c) employees of any government entity. Entrants must also have access to the Internet and a valid email address in order to enter or win.

    Entrants may submit multiple Entries. Entries must be submitted by a single individual. The term "Entrant" as used in these Official Rules refers to each eligible individual that submits an entry.

  3. 3. WHEN TO ENTER: Phase 2 of this contest begins Summer of 2009 in the United States and ends in February 2010. Specific dates to be determined at a later time ("Contest Period"). Sponsor’s clock is the official time clock of the Contest. Proof of submission does not constitute proof of receipt.

    IMPORTANT NOTICE TO ENTRANTS: ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.

  4. 4. THE SUBMISSION: The entry submitted hereunder will be referred to as the "Entry." Entrants can submit more than one Entry, and can port multiple packages as individual Entries or to fulfill dependencies of other Entries, including drivers and libraries. All Entries must comply with the following guidelines:

    1. (A) Entry must be an OpenSolaris package delivering an application that can be run from the command line, desktop, or a web browser.

    2. (B) Entry packages must run correctly on OpenSolaris and not contain any major errors including, but not limited to, panicking the system, hanging the system, or causing stack traces, segmentation faults, or security issues. Entries containing major errors when reviewed by the Judges will be disqualified.

    3. (C) Entry packages must be new to the OpenSolaris contribution repository as of the Contest Start Date, and cannot be included in the OpenSolaris development or release repositories. Additionally, they can only depend on other OpenSolaris packages that exist in the release, development, or contribution repositories as of the Contest End Date.

    4. (D) Entry packages must be in one of the following categories: Applications, Desktop (GNOME), Development, Distribution, Drivers, System, Web Services.

    5. (E) Entry packages modified to effectively leverage unique OpenSolaris features such as ZFS, DTrace, SMF, and FMA will score additional points during judging.

    6. (F) Entry must be in English.

    7. (G) Entrants must use the OpenSolaris Source Juicer to port the Entry package into the Open Solaris contribution repository, by following the process outlined here: http://jucr.opensolaris.org/home/. Entrant and the Entry must comply with and agree to all terms, conditions, and requirements needed to use the OpenSolaris Source Juicer to port the Entry package into the OpenSolaris contribution repository.

    8. (H) To Enter the Contest, before the Contest End Date, Entrant must submit the Entry package to the Open Solaris Source Juicer and send an email to OpenSolarisAppsOfSteelContest@sun.com containing all of the following information:

      1. (1) Each Entrant's full name, email address, physical address, user name for opensolaris.org and country of residence.

      2. (2) A short written description of the Entry, including the key points about the Entry's purpose and functionality, and an explanation of how the Entry has address the judging criteria.

      3. (3) The Entry's Package(s) Name


    9. (J) If Entrant includes third party open source libraries and/or code in an Entry, Entrant shall identify the applicable third party open source license(s) and shall certify that Entrant has complied with the terms of such license(s).

      In addition to the requirements set forth above, each Entry must comply with the following:

      1. (A) The Entry must be the Entrant’s original work, created solely by the Entrant(s) and must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any person or entity.

      2. (B) The Entry must not contain any content or material that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or otherwise inappropriate or objectionable, as determined by the Judges and/or Sponsor in their sole and absolute discretion.

      3. (C) The Entry must not contain any personally identifiable information of any person other than the Entrant. Should the Entrant include personally identifiable information about him/herself in his/her Entry, Entrant acknowledges and agrees that such information will be disclosed publicly and Entrant is solely responsible for any consequences thereof.

      4. (D) The Entry must not contain any commercial content or logos of any entity other than Entrant unless permitted under the terms of any applicable licenses.

      5. (E) Entries that are lewd, obscene, pornographic, disparaging of the Sponsor or otherwise contain objectionable material may be disqualified in the Sponsor’s sole and unfettered discretion.

    10. The Judges and/or Sponsor reserve the right to disqualify at any time, any Entry that they determine, in their sole and absolute discretion does not meet the requirements of the Official Rules.

  5. 5. JUDGING: All Entries will be judged by a panel of experts using the following point scale:

    1. (A) Complexity of the Port (1 point per 10 changed patch code lines, with 10 point limit);

    2. (B) Use of unique OpenSolaris features, such as ZFS, DTrace, SMF, and FMA (5 points per feature, with a 20 point limit);

    3. (C) Number of dependent packages ported (2 points per package, 20 point limit);

    4. (D) Usefulness to the end user (1-25 points).

    The Entries with the highest point total will be declared the winners. In the event of a tie, the Entry among the tied Entries with the highest score in "Usefulness to the End User" will be declared the winner. If a tie still remains, the tied Entries will be re-judged until a winner is selected. The Judges/Sponsor reserve the right to terminate the Contest and not to award any Prizes or a smaller number of prizes, if in their sole and absolute discretion they do not receive a sufficient number of eligible or qualified entries for the Contest. In the event that more than one Entry is received with the same or nearly identical idea, only the first such Entry received will be eligible, based on the date of the first submission of the Entry. Winners will be notified by email, telephone or postal mail, within Sponsor’s discretion. Decisions of Judges are final and binding.

  6. 6. PRIZES AND APPROXIMATE RETAIL VALUE:

    Sun will award One Toshiba Portégé R600 Laptop, posted at http://www.shopopensolaris.com/suntoshiba/home.htm) (Estimated Retail Value $1600) (to each of the top Five (5) Entries as determined by the Judges in accordance with these Rules, for a total of Five Prizes. In addition, the winning Entries will be displayed with a link/article on the OpenSolaris website at www.opensolaris.com/challenge for at least 30 days,and will be showcased within the OpenSolaris install lounge at the CommunityOne West event in San Franciscso on June 1-3, 2009.

    Limit one prize per Entry.

    PLEASE NOTE: If the Toshiba laptop can not be shipped to the contest winner because of export or other constraints, Sponsor reserves the right, in its sole discretion, to either (a) substitute a comparable laptop with OpenSolaris installed on it, or (b) substitute a different prize of equal or greater value.

    All other expenses not specified herein are the responsibility of the winner. ALL TAXES AND ANY APPLICABLE WITHHOLDING AND REPORTING REQUIREMENTS, IF ANY, ARE THE SOLE RESPONSIBILITY OF THE WINNER. Cash prizes will be awarded in US Dollars. All costs associated with currency exchange are the sole responsibility of the winner.

    If an inadequate number of qualified winning Entries are received to award the prizes, Sponsor reserves the right to (a) not award any prize to any Entry, or (b) award fewer than the number of prizes stated above.

  7. 7. CONDITIONS OF PARTICIPATION: Sponsor reserves the right to substitute a prize for an item of equal or greater value in the event all or part of a prize becomes unavailable. Prizes are awarded without warranty of any kind from Sponsor, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All federal, state, provincial and local laws and regulations apply. Submission of Entry into this Contest deems that Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate winner. Any potential winner who cannot be contacted within 15 days of attempted first notification will forfeit his/her prize. The most recent country of citizenship or permanent residency of an entrant must not be included among the countries subject to U.S. embargoes or trade sanctions, as identified in U.S. export regulations. An entrant must also not be included in any denied or restricted parties lists published by the U.S. government. Potential prize winner(s) may be required to sign and return an Affidavit or Declaration of Eligibility/Liability & Publicity Release within 30 days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. The intellectual and industrial property rights to the Entry, if any, will remain with the Entrants, except that these terms do not supersede any other assignment or grant of rights according to any other separate agreements between Entrants and Sponsor or other parties. As a condition of entry, Entrants agree that Sponsor shall have the right to use, copy, modify and make available the Entry’s application or code in connection with the operation, conduct, administration, and advertising and promotion of the Contest via communication to the public, including, but not limited to the right to make screenshots, animations and video clips available to the public for promotional and publicity purposes. Notwithstanding the foregoing, ownership of and all intellectual and industrial property rights in and to the Entry’s application and code shall remain with the Entrant. Acceptance of the prize constitutes permission for, and winners’ consent to, Sponsor and its agencies to use a winner’s name and/or likeness and entry for advertising and promotional purposes without additional compensation, unless prohibited by law. To the extent permitted by law, Entrants agree to hold Sponsor, its parent, subsidiaries, agents, directors, officers, employees, representatives and assigns harmless from any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any prize won, except to the extent that any death or personal injury is caused by the negligence of the Sponsor. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. An Entrant may be prohibited from participating in this Contest if, in the Sponsor’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of this Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, the Sponsor or associated agencies. In the event a winner/potential winner’s employer has a policy, which prohibits the awarding of a prize to an employee, the prize will be forfeited and an alternate winner will be selected.

  8. 8. NO RECOURSE TO JUDICIAL OR OTHER PROCEDURES: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to 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 any Entrant expressly waives any and all such rights. In the event that a court of competent jurisdiction finds the foregoing waiver unenforceable, Entrants hereby consent to the jurisdiction and venue residing exclusively within the federal or state courts in the state of California, United States and agree 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. Entrants agree that these Official Rules are governed by the laws of California.

  9. 9. DATA PRIVACY: Entrants agree that personal data, especially name and address, may be processed, stored and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to check Entrants’ identity, their postal address and telephone number, or to otherwise verify their eligibility to participate in the Contest. Entrants have a right to access, review, rectify or cancel any personal data held by the Sponsor by writing to Sponsor (Attention: privacy@sun.com). If Entrant’s data is not provided or is canceled, Entrant’s Entry will be ineligible. By participating in the Contest, Entrants hereby agree to all personal information uses and disclaimers as explained in Sponsor’s Privacy Policy. Participation in the Contest further constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and Sponsor’s Privacy Policy and willingness to be contacted by telephone and/or email. If Entrant is a French resident, by entering the Contest such Entrant gives consent to the transfer of the personal data outside the European Union in connection with the above purposes, and that such data will be transferred to the United States.

  10. 10. WARRANTY AND INDEMNITY: Entrants certify that their Entry is original and that they have the right to submit the Entry in the Contest. Each Entrant agrees not to submit any Entry that (1) infringes any 3rd party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; (2) includes any personally identifiable information or (3) otherwise violates applicable law in any countries in the world. To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which Sponsor will or may become liable by reason of or related or incidental to any act, default or omission by an Entrant under these Official Rules including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these official rules by an Entrant.

  11. 11. ELIMINATION: Any false information provided within the context of the Contest by any Entrant concerning identity, postal address, telephone number, ownership of right or non-compliance with these rules or the like may result in the immediate elimination of the Entrant from the Contest. Sponsor further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these official rules.

  12. 12. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Sponsor is not responsible for inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of the Sponsor. If for any reason the Internet portion of the program is not capable of running as planned, including 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 this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Caution: Any attempt by an Entrant to deliberately damage any Web site or undermine the legitimate operation of the game is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such contestant to the fullest extent of the law.

  13. 13. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

  14. 14. WINNER’S LIST: For winner’s name, log onto http:/www.opensolaris.com/challenge on or about June 1, 2009, available for a period of up to 60 days.

  15. 15. SPONSOR: The Sponsor of this Contest is Sun Microsystems, Inc., 4220 Network Circle, Santa Clara, CA 95054.


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