Terms & Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF AWARD. VOID WHERE PROHIBITED BY LAW.
PRIZEWINNERS MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.
BY ENTERING THIS CONTEST, ENTRANT AGREES THAT ITS CONCEPTS AND ANY ASSOCIATED THEME (DEFINED BELOW), IF SELECTED AS A PRIZEWINNER IN THIS CONTEST, THE PRIZEWINNER WILL GRANT SENCHA THE RIGHT (FREE OF CHARGE OTHER THAN THE PRIZE) TO USE, ALTER, MODIFY, AND DISTRIBUTE THE THEME, AS MORE PARTICULARLY SET OUT BELOW.
BY ENTERING THIS CONTEST, ENTRANT AGREES TO THESE TERMS AND CONDITIONS (“TERMS”), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.
Eligible entries received in accordance with these Terms will be subject to a two-stage evaluation process. First, all eligible entries received in this Contest will be reviewed and evaluated by the Sponsor, who may perform only a cursory review of the Entrant’s Theme. Based on this initial review, the Sponsor will select a limited number of finalists. Those finalists will then be evaluated by a panel of judges selected by Sponsor in its sole discretion (“Judges”), who will select the first, second, and third place Prizewinners to be awarded a Prize.
ELIGIBILITY: For the purposes of this Contest, the “Territory” means the United States, Canada (excluding Quebec), United Kingdom, Germany, France, Sweden, Netherlands, Australia, New Zealand, South Korea, Switzerland, Norway, Poland, Austria, Belgium, Russia, Thailand, Singapore, India, Mexico and Japan. This Contest is open only to the following:
(a) natural persons who are, as of the date of entry, (i) a legal resident of a nation within the Territory and (ii) at least eighteen (18) years old and the age of majority in his or her jurisdiction of residence (e.g., country, province, state, prefect, territory, district, etc.) (any and each, an “Individual”); or
(b) entities and organizations that are, as of the date of entry, legally formed or recognized by a jurisdiction within the Territory and have a principal place of business in the Territory (any and each, an “Organization”); or
(c) an association of not more than ten (10) individuals that does not constitute a legally recognized entity, provided that each natural person comprising such an association is (i) a legal resident of a nation within the Territory and (ii) at least eighteen (18) years old and the age of majority in his or her jurisdiction of residence, or alternatively have the consent of his/her parent or legal guardian (any and each, a “Team”). A Team Entrant may have no fewer than two (2) and no more than ten (10) members.
(Where distinction is not necessary, any Individual, Organization, or Team (including each Team member) that enters or takes steps to participate in this Contest is referred to in these Terms as an “Entrant.”)
Employees, officers, directors, members, managers, agents, and representatives of Sponsor or any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Contest, or any of their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, and advertising, promotion, and public relations agencies and any family member or member of the same household (whether or not related) of any such persons are not eligible to enter or win a Prize in this Contest. For purposes of this Contest, the term “family member” is defined as any spouse, partner, parent, legal guardian, child, sibling, grandparent, grandchild, or in-law.
Entrant (including each member of a Team) must not be under any legal or contractual obligation that would prohibit its participation in this Contest as described in these Official Rules. If participating in this Contest would result in a violation by Entrant of any law applicable to it or any agreement to which it is a party, such Entrant is ineligible. Participation in this Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Terms and the decisions of Sponsor, which are final and binding in all matters. Any natural person completing any portion of the entry process described in these Terms on behalf of an Organization Entrant must be authorized to legally bind that Organization.
HOW TO ENTER:
To enter, eligible Entrants must create a theme for the Sencha Ext JS version 6 Feed Viewer sample app (an “Entry”), and follow any other instructions posted by Sencha as a requirement for an Entry. References herein to the “Theme” include any and all themes submitted as part of an Entry, together with all art, concepts, code, software and techniques. Entries must be submitted to and received by Sponsor by the specified deadlines during the Contest Period. Entrant must follow the links and instructions on the Contest Site in order to make the submissions required by these Terms. For purposes of these terms, the term “Entry” includes any Theme created by the Entrant as a result of or relating to the Entry, whether before, during, or after the Contest Period
Each Entry must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the Entry may be disqualified:
All aspects of the Entry (other than Sencha Ext JS) must be solely owned by or licensed to the Entrant or in the public domain. All third-party content not owned by or licensed to the Entrant (other than Sencha Ext JS) is prohibited, unless such content is in the public domain. Entrant’s rights in the Entry must be sufficient to allow it to grant all rights granted to Sponsor or any other party under these Terms. Sponsor may request written proof of ownership of or adequate license to Entrant of any Entry. Failure to timely provide adequate proof of ownership or sufficient license rights in any content included in the Entry (as determined by Sponsor in its sole discretion) may result in the Entrant being disqualified and all Entries deemed void.
All Entries must be entirely in the English language. Entries must have been created expressly for the purposes of entering this Contest. It may not have been previously published by a third party and may not have been entered into any other Contest, competition, or promotion.
If any part of an Entrant’s Entry depicts or includes any person that is not Entrant him- or herself or, for a Team or Organization Entrant, a member of the Team/Organization, Entrant must have all permissions and rights from the individual depicted (and, if such individual is a minor, his/her parent or legal guardian) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
Entry must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services, including the Entrant. Entry must not contain any recognizable third-party trademarks (including logos), trade dress, or other brand elements, including, without limitation those of Sponsor. By way of example and without limiting any other provision of these Terms, Entrant may not use Sponsor’s Sencha trademark or its logo in any way that creates a likelihood of confusion as to source or sponsorship, including, without limitation, implying an affiliation or association between Entrant and Sponsor that could potentially confuse a user regarding whether the Entry originates from or was created by Sponsor. Do not use the Sencha trademark in the name of your Theme.
Entries must not infringe, misappropriate, or violate any rights of any third party including, without limitation, patent, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
Entries must not include information or content that is pornographic or otherwise adult-oriented.
Entry must not in any way violate any federal, national, state, provincial, territorial, or local laws, rules, or regulations, or any applicable laws of other applicable jurisdiction(s).
Entries may be deemed ineligible and void if any Theme, Theme title, or other content is, in Sponsor’s sole discretion, objectionable or inappropriate.
Entrant agrees that his, her, or its participation in the Contest and agreement to these Terms and any Contest Entity’s reproduction, display, and use of the Entry in accordance with these Terms will not violate any agreement to which Entrant (or any member of a Team Entrant) is a signatory or party or any law applicable to Entrant.
Entrant agrees to indemnify the Sponsor against any and all claims from any third party for any use or reuse by any Contest Entity of the Entry authorized under these Terms.
Sponsor reserves the right in its sole discretion to disqualify from the Contest any Entrant (and all natural persons comprising such Entrant) whose Entry (in its sole discretion) refers, depicts, or in any way reflects negatively upon a Contest Entity, the Contest, or any other person or entity or does not comply with these Terms, including any of the above Submission Requirements.
Sponsor reserves the right to contact Entrants for verification purposes and administration of the Contest. All Judges’ decisions are final and binding in all matters relating to this Contest. Each Entrant acknowledges that other Entrants may have created ideas and concepts contained in their Entry that may have familiarities or similarities to his/her/its Entry (including, without limitation, a similar Theme), and that he/she/it will not be entitled to any compensation or right to negotiate with the Sponsor because of these familiarities or similarities.
Sponsor will announce the potential Prizewinners on the Contest Site within 30 days following the last day of the Contest Period. Each potential Prizewinner (including each individual member of any Team Prizewinner) may be required to complete, execute, have notarized (if applicable), and return an Affidavit/Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law), tax documents, an agreement regarding licensing of the Theme), and related Prize-acceptance documents (collectively, “Prize Documents”) within the time frame specified and in the form provided by Sponsor, without revision, or Prize may be forfeited. The Prize Documents, if applicable, must be received by Sponsor from the potential Prizewinner (including each individual member of any Team Prizewinner) within five (5) days of Sponsor sending the documents to the potential Prizewinner (or other time frame as stated in the Prize Documents) or Prize may be forfeited and an alternate Prizewinner selected. If any notification or other Contest-related communication is returned as undeliverable, or if a selected potential Prizewinner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential Prizewinner, that selected potential Prizewinner may be disqualified and an alternate Prizewinner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Prizewinner, if any. The Prize claim and Prize Documents are subject to verification by Sponsor. In the event there are fewer eligible Entries received by Sponsor than there are stated Prizes in these Terms, or that are of insufficient quality to warrant a Prize (as determined in Sponsor’s discretion), Sponsor reserves the right to award fewer Prizes.
BY SUBMITTING AN ENTRY AND DELIVERING OR OTHERWISE CREATING A THEME, PRIZEWINNER WILL GRANT THE SPONSOR THE LICENSES SET FORTH BELOW IN AND TO THE THEME. THIS REQUIREMENT IS NON-EXCLUSIVE. PRIZEWINNER MAY CHOOSE TO ALSO USE ITS THEME FOR ITS OWN USE. THE SPONSOR IS NOT REQUIRED TO DISTRIBUTE ANY THEME CREATED AND/OR LICENSED HEREUNDER.
IF ANY POTENTIAL PRIZEWINNER DOES NOT AGREE TO THESE REQUIREMENTS, THAT ENTRANT WILL BE DISQUALIFIED AND NO CONTEST ENTITY WILL HAVE ANY FURTHER OBLIGATION OR LIABILITY TO IT (OR ANY OF ITS MEMBERS). BY SUBMITTING AN ENTRY, PRIZEWINNER WAIVES ANY RIGHT TO OBJECT TO THESES TERMS.
PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”):
Sponsor will award (3) Prizes: (1) first place in an amount equal to two thousand, five hundred US dollars ($2,500 US); (2) second place in an amount equal to one thousand US dollars ($1,000 US); AND (3) third place in an amount equal to one thousand US dollars ($1,000 US). The total ARV for all Prizes available in this Contest is four thousand five hundred US dollars ($4,500 US).
PRIZES IN THIS CONTEST WILL BE AWARDED TO THE ENTRANT IDENTIFIED IN THE APPLICABLE ENTRY (WHETHER AN INDIVIDUAL, TEAM, OR ORGANIZATION). IF THE ENTRANT IS A TEAM THEN, UNLESS OTHERWISE DETERMINED BY THE SPONSOR, THE PRIZE WILL BE SENT TO THE NATURAL PERSON IDENTIFIED DURING REGISTRATION AS THE LEADER OF THE ENTRANT TEAM. Each Prize will be awarded in a single payment to applicable confirmed Prizewinner made within approximately thirty (30) days of Prizewinner verification or less.
Prize details not specifically stated in these Terms, (including the form or method of any payment) will be determined by Sponsor in its sole discretion. All taxes (including, without limitation, national, federal, state, provincial, territorial, prefectural, and/or local taxes), as well as any expenses arising from acceptance or use of the Prize and not specified in these Terms as being provided as part of the Prize, are the sole responsibility of the Prize. Sponsor is not responsible for and will not replace any lost, mutilated or stolen Prize or Prize element or any Prize that is undeliverable or does not reach a Prize because of incorrect or changed contact or bank routing information. If a Prize does not accept or use the entire Prize for any reason, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. No transfers will be made. Sponsor reserves the right to substitute any stated Prize or any component thereof with another Prize or component of equal or greater value in case that the Prize is not available for unexpected reasons. Sponsor reserves the right to award more than the stated Prizes either during or after the Contest Period. Entrants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption and any liability and publicity which might arise from claiming or seeking to claim said Prize. No Released Party (defined below) will have any responsibility for division of Prizes among natural persons comprising any Prizewinner or winning Entrant that is a Team or Organization or any liability to any natural person not receiving a Prize who is a member of such a Team or Organization.
LICENSE TO PRIZEWINNER’S THEME:
By submitting an Entry, each Prizewinner (if the Prizewinner is a Team, this shall refer to each individual member of such Team holding intellectual property rights in the Entry) grants to the Sponsor (and their agents, successors, and assigns) the irrevocable, transferable, sublicensable, absolute right and permission (including the rights in Articles 27 and 28 of the Copyright Act of Japan) to use, edit, modify, copy, reproduce, and distribute any such Entry submitted by the Entrant (including related Themes) in perpetuity and in any medium now known or hereafter devised (including online and in digital media), anywhere throughout the world and in any language, without further obligation or compensation of any kind to Entrant. Each Entrant (if the Entrant is a Team, this shall refer to each individual member of such Team holding intellectual property rights in the Entry) further grants to the Sponsor (and their agents, successors, and assigns) the irrevocable, transferable, sublicensable, absolute right and permission (including the rights in Articles 27 and 28 of the Copyright Act of Japan) to use, edit, modify, copy, reproduce, and distribute any of Entrant’s trade names or trademarks, including logos, and the names of its members, as applicable) in perpetuity and in any medium now known or hereafter devised (including online and in digital media), anywhere throughout the world and in any language, without further obligation or compensation of any kind to Entrant, for the purposes of administering this Contest and, with respect to Prizewinner’s, for the Sponsor’s advertising, trade, promotional and publicity purposes, and shall not exercise its moral rights (the right to make any Entry public, right to determine the display of the Entrant’s name, and right to preserve the integrity of any Entry).
Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to submit his/her/its Entry for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entry (including, without limitation, the Theme), other than as set forth in these Terms. (For the sake of clarity and without limiting the foregoing, these Terms do not purport to modify the terms of any separate agreement between Sponsor and any Entrant, including any confidentiality or non-disclosure agreement.) Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, text, images, code, applications, software, and other creative materials. Each Entrant also acknowledges that many ideas for games, other applications, or online services may be competitive with, similar to, or identical to its Theme and/or each other in idea, function, components, format, or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material that has or may come to such Contest Entity from other sources. Each Entrant acknowledges and agrees that no Contest Entity has now or will have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the Entrant’s patent, copyright or other proprietary rights in and to his/her/its Theme or any other part of its Entry. Each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Contest Entity’s actual or alleged exploitation or use of any Entry (including the Theme), the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Contest Entity application, service or other property, and Entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES: NOTHING IN THESE TERMS LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEE OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE TERMS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY ANY MANDATORY PROVISIONS OF APPLICABLE LAW, THE SPONSOR AND ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”) EXCLUDE FROM THESE TERMS ALL CONDITIONS, WARRANTIES, AND TERMS IMPLIED BY STATUTE, GENERAL LAW, OR CUSTOM, EXCEPT FOR LIABILITY IN RELATION TO A NON-EXCLUDABLE GUARANTEE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY (i.e., DEFEND AND/OR REIMBURSE) THE RELEASED PARTIES FROM ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARDING OF A PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY CONTEST- OR PRIZE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO/OF PERSON OR PROPERTY (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF FRAUD OR BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR A THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). EACH PRIZEWINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE (EXPRESS OR IMPLIED, IN FACT OR IN LAW), WHETHER NOW KNOWN OR HEREINAFTER ENACTED, BEYOND ANY NON-EXCLUDABLE GUARANTEES.
The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the Entrant (or a member of any Entrant Team or Organization), or by human error (except to the extent that any of the following occur for reasons within Sponsor’s reasonable control, if applicable law in your jurisdiction of residence dictates that liability to the injured party in such a case cannot be excluded by law): Any lost, late, postage-due, incomplete, illegible, incomprehensible, mutilated, or misdirected email, mail, or Contest-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable telephonic, cellular, cable, or satellite systems; errors, typos or misprints in these Terms, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections or any failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications; technical or human error which may occur in the administration of the Contest or the processing of Entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use of any Prize. Without limiting any other provision of these Terms, no Released Party is responsible or liable for any injury or damage to the persons or property of Entrant or any third party based on use by such party of Entrant’s Theme or other Entry made available as part of this Contest or based on any use by Entrant of the Theme or Entry of any other participant in this Contest. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or for insufficient space in a person’s email account or voicemail inbox to receive email or voice messages. No Released Party is responsible or will have any liability for any purported Entry (including, without limitation, any Progress Video) that is rejected for any reason at any time prior to the award of the Prizes in this Contest, Without limiting any other provision in these Terms, the Released Parties are not responsible or liable to any Entrant or Prizewinner (or any person claiming through such Entrant or Prizewinner) for failure to supply a Prize or any part thereof in the event that any of the Contest activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
The following specific terms only apply for Entrants that reside in Germany. If you have your habitual residence in Germany, the Additional Disclaimers section of these Terms and the Limitations of Liability & Disclaimer of Warranties section of these Terms do not apply to you. Instead, the following Section does apply to you:
SPONSOR AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, REPRESENTATIVES AND AGENTS (THE “INDICATED PARTIES”) SHALL BE LIABLE AS FOLLOWS:
(I) THE INDICATED PARTIES SHALL BE FULLY LIABLE FOR INTENT AND GROSS NEGLIGENCE AS WELL AS FOR DAMAGES CAUSED BY INJURY TO LIFE, BODY OR HEALTH.
(II) IN AN EVENT OF SLIGHT NEGLIGENCE, THE INDICATED PARTIES SHALL BE LIABLE ONLY FOR BREACHES OF A MATERIAL CONTRACTUAL OBLIGATION (CARDINAL DUTY). A “CARDINAL DUTY“ IN THE MEANING OF THIS PROVISION IS AN OBLIGATION WHOSE FULFILLMENT MAKES THE IMPLEMENTATION OF THIS CONTRACT POSSIBLE IN THE FIRST PLACE AND ON THE FULFILLMENT OF WHICH THE CONTRACTUAL PARTNER MAY THEREFORE GENERALLY RELY.
(III) IN A CASE ACCORDING TO CLAUSE (II), THE INDICATED PARTIES SHALL NOT BE LIABLE FOR ANY LACK OF COMMERCIAL SUCCESS, LOST PROFITS AND INDIRECT DAMAGES.
(IV) LIABILITY IN ACCORDANCE WITH THE ABOVE CLAUSES (II) AND (III) SHALL BE LIMITED TO THE TYPICAL, FORESEEABLE DAMAGES.
(V) ANY POTENTIAL LIABILITY ON THE PART OF THE INDICATED PARTIES FOR ANY WARRANTIES AND FOR CLAIMS BASED ON THE GERMAN PRODUCT LIABILITY ACT SHALL REMAIN UNAFFECTED.
By entering this Contest (except where prohibited by law), each natural person signing these Terms as part of an Entry (as the Entrant or as an Entrant Team or Organization) grants the Sponsor the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sponsor’s sole discretion) for advertising, trade, promotional and publicity purposes related to the Contest and the awarding of Prizes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review or approval, and each such person releases the Sponsor from any and all liability related to such authorized uses. Nothing contained in these Terms obligates any Contest Entity to make use of any of the rights granted herein and each natural person granting publicity rights under this provision waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Terms, acceptance or rejection of Entrants, Entries, or selection of the Prizewinners, and awarding of the Prizes. All Entrants, as a condition of entry, agree to be bound by these Terms. Failure to comply with these Terms may result in disqualification from the Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from participating in the Contest. Sponsor reserves the right to restrict or void participation from any IP address, email address or domain, device, or other designator or identifiable source if any Entry and/or participation is suspected to be fraudulent, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to void Entries or other participation by any person or entity who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Terms (including any alleged discrepancy or inconsistency within these Terms), it will be resolved by Sponsor in its sole discretion. Participants waive any right to claim ambiguity in the Contest or these Terms. If Sponsor determines (at any time and in its sole discretion) that any Prizewinner or potential Prizewinner is disqualified, ineligible, in violation of these Terms, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person or entity, Sponsor reserves the right to disqualify such Prizewinner or potential Prizewinner, even if the disqualified Prizewinner or potential Prizewinner may have been notified or displayed or announced anywhere. Sponsor’s failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the Prizes based on eligible, non-suspect Entries received prior to cancellation, modification, or suspension, if any, or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, participates or submits Entries or is otherwise determined to be in violation of these Terms in an attempt to obtain a Prize, Sponsor may disqualify that person (and any Entrant on the behalf of which such person participated in the Contest) and seek damages from him or her and that person may be prosecuted to the full extent of the law. If any dispute regarding an Entry cannot be resolved to Sponsor’s satisfaction, such Entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Except where prohibited by law, any and all disputes, claims, and causes of action between a participant and any Released Party arising out of or connected with this Contest, the determination of any Prizewinner, or any Prize awarded must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a participant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than the participant’s actual out-of-pocket expenses (if any), not to exceed twenty-five dollars ($25 USD) and each participant further waives all rights to have damages multiplied or increased.
This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the internal laws of the State of California, USA, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of the laws of any other jurisdiction. Any legal actions, suits or proceedings related to this Contest (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state or federal courts located in or having jurisdiction over San Mateo County, California, US, and each entrant accepts and submits to the personal jurisdiction of those courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.
TERMS/WHO WON?: A copy of these Terms and information about who won is available by sending an email with the subject line “Sencha Application Theming Contest – Terms” or “Sencha Application Theming Contest – Who Won?” (as applicable) to [email protected] Terms requests must be received no later than the end of the Contest Period. Requests for Prizewinner information must be received no later than three (3) months after the end of the Contest Period.
SPONSOR: Sencha, Inc., 1700 Seaport Blvd., Suite 120, Redwood City, CA 94063