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Rules of the competition

RULES OF THE COMPETITION WITHIN THE INTERNET SERVICE CLUSOR.COM

 

§ 1 [General provisions]

  1. These regulations – hereinafter referred as: „The Rules”, specify the rules for participation in the Mobile Application Design Competition, hereinafter referred as: "The Competition".
  2. The organizer of the Competition is the company Clusor LLC with its registered office address in Warsaw at: 9B Lanciego Street, 02-792 Warsaw, entered into the Registry of Entrepreneurs kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Registry with the registration code 0000389542, revenue identification number (NIP) 9512342151, enternprise registration number (REGON) 142985046, stock capital: 5.000 PLN; hereinafter referred as “The Organizer”.
  3. The Competition shall be conducted from 01 March 2012 to 31 December 2013 on the website Clusor.com – hereinafter referred to as "The Service".
  4. Whenever The Rules refer to "Terms of Service" - it should be understood as the rules of the Service available at http://clusor.com/p8,.html.

 

§ 2 [Competition Participants]

  1. Competition participant – hereinafter referred to as "The Participant" , is any individual who: possesses at least partial capacity to act in law (is at least 13 years old and is not incapacitated), a legal person or organizational unit without legal personality and possessing legal capacity; with the reservation that in the case of natural persons not possessing full legal capacity to participate in the Competition, it is required for them to have a consent of their legal representative, who is registered on the Website as described in the Terms of Service.
  2. The Competition is not open to employees, associates or members of the Organizer’s authorities, and members of immediate family of such persons. Under the term ‘members of the immediate family’ are included: ascendants, descendants, siblings, spouses, siblings of spouses, parents of spouses and dependents of the above-mentioned persons in respect of the adoption.
  3. Each participant, when joining the Competition, shall refer to these Rules and accept them.

 

§ 3 [Accession to the Competition Rules]

  1. In order to access the Competition, the Participant is required to fulfil jointly the following conditions:
    • Have Internet connection and a device allowing the use of the Internet resources, e-mail account which is active during the contest and which address was given by the Participant during the registration to the Website
    • Use a web browser which allows viewing hypertext documents on the screen, connected to the Internet through a network-enabled web service and JavaScript programming language, which accepts the cookie files;
    • Register to the Website,
    • Send to the Organizer, using the contest application available through the Service, the project (description of functioning) of application for mobile phones (smartphones), hereinafter referred as the “Contest Work”,
    • Read and accept the Rules of the Competition.
  2. While working on description of how the application will work and defining the appearance of screens containing user interface elements, the Contest Participant may (but doesn’t have) allow other person or persons registered on the Site an insight into the current state of work, or authorize to modify his/her project. In this case, the Contest Participant shall bear all the consequences of actions or inactions performed by the person or persons who were granted permission. Involvement of other persons in drafting the application does not affect the other provisions of the regulations. This person or persons do not acquire any rights to the awards described in the Rules.
  3. Immediately prior to the approval of the project and submitting the Contest Work, the Participant may stipulate that the material created by her/him cannot be presented for public evaluation. In this case, the Organizer is obliged to protect his/her Contest Work against insights from any third parties.
  4. Immediately after the submission of the Contest Work, the Participant receives to his/her e-mail address a confirmation of the Contest Work’s application in the form of a PDF file signed with a reliable certificate. The file will contain a time stamp and the drawings and descriptions of the application submitted by the Participant via the contest application described in the paragraph 3 point 1d.
  5. Each Participant may, in the course of the Competition, send any number of the Contest Works.
  6. By submitting a Contest Work, the Participant declares that he/she has created it himself/herself and/or that is entitled to the fullness of copyrights or received (from an entity to whom these rights belong to) the authority to place the Contest Work on the Website, at least to the extent that the Participant, in accordance with the law, could grant a license to use the Contest Work, which is described in the next paragraph to the Organizer.
  7. By submitting the Contest Work, the Participant grants the Organizer with a non-exclusive, free of charge, territorially and temporally unlimited license to:
    • Using the Contest Work in order to display it in the Service in a way that everyone at any time could have access to it free of charge through the Internet or any other network for data, according to the free decision of the Organizer - unless that the Participant does not agree to submit the draft for public evaluation under the terms of § 3 point 3.
    • To make modifications in the Contest Work to the extent that would enable it to be properly displayed in the Service, as well as to correct obvious clerical errors or mistakes, stylistic, spelling, punctuation.
  8. Notwithstanding paragraph 5, by accepting these Rules, the Participant declares that he/she is fully aware that the ideas, concepts, and principles of functioning of the application contained in the Contest Work are not protected by copyright. Being aware of this, the Participant expresses the full and unconditional agreement for the Organizer to create by him or on his behalf, a mobile application based on the Contest Work and to derive the benefits from this application, on the condition that the Organizer has signed with the Participant the Agreement as described in § 5 point 1.

 

§ 4 [Evaluation of Contest Works by jury]

  1. The Competition constitutes a two-step contest. In the first stage of the Competition, the assessment of Contest Works shall be made only by jury consisting of the members of the Organizer’s board. In the second stage of the Competition, Contest Works shall be assessed by the Service Users.
  2. At the end of each calendar month during the Competition, the jury assesses Contest Works submitted during that month.
  3. The jury evaluates Contest Works at its discretion.
  4. After having evaluated the Contest Works, the Jury may:
    • choose one or more Contest Works including projects of applications, which the Organizer may wish to realize,
    • choose one or more Contest Works, which include projects of applications, which the Organizer may consider for realization,
    • qualify the Contest Work to the second stage of the Competition - unless the Participant consents to present a draft for public review under the terms of § 3 point 3.
    • reject the Contest Work.
  5. In case of the submission of the identical or similar, at the subjective assessment of the jury, Contest Works, the Work submitted later shall be rejected by the jury.

 

§ 5. [Competition results]

  1. In the case described in § 4 point 4a the Organizer shall send to the author of the selected Contest Work to his/her email address a message with a draft agreement. The agreement shall, in particular, define the principles of Participant’s share in revenues from the sale of application executed on the basis of his/her Contest Work. The signing of the agreement on the terms agreed by both Parties shall take place either through the exchange of the electronic documents signed by the Organizer and the Participant with safe and qualified electronic signature or by exchanging the signed documents in writing. The contract may be concluded in Polish or in English. The choice of language depends on the Participant.
  2. In the case described in § 4 point 4b, the Organizer shall send to the author of the selected Contest Work to his/her email address a message about consideration by the Organizer of implementation of the application project included in the Contest Work. Within 90 days from the date of the message dispatch, the Organizer will decide at his sole discretion, whether or not to implement the application project. If the Organizer decides on the application project, the provisions of point 1 shall be applied. If not, the provisions of point 3 shall be applied.
  3. In the case described in § 4 point 4c the Organizer shall publish Contest Work in the Service. In such case, the Contest Work shall be subjected to the voting by the Service users, who shall select the winner of the audience.

 

§ 6 [Service users voting]

  1. Contest Works, which are not to be directed to the implementation, shall be published on the Website.
  2. Publication of the Contest Works, received in a given month, will take place till the 15th day of the next month.
  3. Publication of Contest Works, which are not chosen by the Organizer to be implemented based on the principles laid down in § 5 point 2, will take place on the nearest 15th day of the month following the date of making the decision by the Organizer on not directing the Contest Work into the implementation process.
  4. Users voting shall take place via available application located within the Service.
  5. Each user shall cast only one vote per month.
  6. Voting ends on the 14th day of the month following the month in which the Contest Work was published in the Service.
  7. The results of the users voting shall be announced not later than in 3 days upon termination of the voting.
  8. The winner of the voting and the winner of the audience’s prize is the author of this Contest Work, which received the highest number of the Service users’ votes.

 

§ 7 [Competition for voters]

  1. Each user of the Service, who in a given month casts his/her voice to a Contest Work and, in addition, proposes a slogan to promote the chosen Contest Work, shall take part in the competition for voters.
  2. Among all voters in a given month, who suggested a slogan to promote a chosen Contest Work, jury (composed of members of the Organizer’s board) shall select one or more voters, whose slogan, according to a free and subjective assessment of the jury, is the best one.
  3. Voters, who are the authors of the best slogans, shall be rewarded on the basis of the principles described in § 8 point 5 and 6.
  4. Voter, who participates in the contest by promoting a slogan for a chosen Contest Work, provides the Organizer with an exclusive license (charge free with the time limitation to 15 years) for the use of the proposed slogan in order to promote the Contest Work. That includes, in particular, using the slogan in promotional materials published in newspapers, radio , television, leaflets, posters, and Internet network, without any territorial restrictions.

 

§ 8 [Prizes]

  1. The prize in the Contest for the authors of Contest Works chosen for the project implementation, shall be the production of the application and the participation in revenues from the sale of this application under the agreement described in § 5 point 1.
  2. Additionally, in the case of Contest Work aimed at implementation, its author will receive a cash prize of USD 200 (two hundred U.S. dollars).
  3. The prize in the Competition for the Contest Work - winner of the audience prize is a cash prize of USD 100 (one hundred U.S. dollars).
  4. The Organizer shall contact the winner of the users’ voting via e-mail in order to determine data needed for the award shipment. The winner of the users’ voting is required to submit to the Organizer data directories for shipping the prize no later than within 14 days after being contacted by the Organizer. In case of delay in submitting this data, the Operator shall store the prize at the winner’s risk.
  5. The prize for the voter or voters, whose slogan promoting Contest Work in a given month was considered to be the best by the jury, shall be a gift certificate worth USD 50 (fifty U.S. dollars) for shopping at store Amazon.com
  6. Receipt of the award of the month shall be executed in accordance with the provisions of the point 4, except for the cases when the prize can be sent via email. In such case, the prize shall be sent to the email address provided by the voter during the registration to the Service.

 

§ 9 [Personal data]

  1. The Organizer is the administrator of the Participants’ personal data.
  2. Sharing personal data with the Organizer is voluntary, however it is necessary for the Participant to be able to participate in the Competition
  3. The Organizer processes only this personal data (e-mail address, name and surname), which was given by the Participant during the registration to the Service and which is necessary for the proper conduct of the Competition and for notifying the winners about the winning. In addition, he processes personal data of the Competition Participants, who became winners, but only in order to conclude contracts with them, as described in § 5 point 1, or to send them prize as described in § 8 point 3 or 5
  4. Personal data shall be used by the Organizer in accordance with the provisions of the Act on Personal Data Protection of 29 August 1997 (Journal of 2002, No. 101, item. 926, as amended).
  5. Each Participant is entitled to inspect his/her personal data and to correct it, as well as to demand its removal.
  6. The Organizer ensures that he makes all the efforts in order to provide that the processing of personal data takes place with the greatest respect for the privacy of individuals whose data is processed and with the greatest attention to the safety of personal data processed. In particular, the Organizer ensures that he has taken all measures required by the law to protect the data sets
  7. Information about IP numbers is used also for technical purposes.

 

§ 10 [Organizer’s responsibility and Complaints]

  1. Each Participant shall be entitled to lodge a complaint in matters relating to the conduct of the Competition and prizes, including the Competition for voters as described in § 7.
  2. Complaints shall be submitted electronically to the following address: support@clusor.com or by regular post to the Organizer’s address as indicated in § 1 point 2.
  3. The Organizer shall consider the complaint within 14 days of its receipt. When submitting a complaint via electronic mail (email), the Participant agrees to receive a complaint reply to the email address specified in the complaint.
  4. Reply to the complaint shall be sent to the Participant at the address provided by the Participant in the complaint.

 

§ 11 [Final provisions]

  1. The present Rules of the Competition shall enter into as of 01 March 2012.
  2. The current content of the Rules is available in the Service and at the headquarters of the Organizer.
  3. In matters not covered in these Rules, provisions of the Service’s Terms of Use shall be applied. In case of issues, which are not regulated there, the relevant provisions of universally binding law of the Polish Republic shall be applied.
  4. The court competent for any disputes between the Organizer and the Participants, not being consumers within the meaning of the Civil Code, shall be a court competent for the Organizer’s seat territorial jurisdiction.
  5. The Rules have been written in equal English and Polish versions. For the convenience of the Participants, it may be translated into other languages, which shall be of informational character only. In case of any doubt, the User may at his/her own discretion rely on the Polish or English text of the Rules.
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