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Challenge Terms and Conditions

IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS. BY CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT CLICK THE "AGREE", OR "YES" BUTTONS OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE.
The OpenSpaces Developer Challenge (the "Contest") is a contest aimed at encouraging the development of innovative open source, high-performance applications over GigaSpaces' eXtreme Application Platform, ("XAP") (the "GigaSpaces Products") or plug-in/extensions for "OpenSpaces" - the open source development framework of the GigaSpaces Products (each, an "Application"). All eligible entries will be judged based on the criteria listed in these terms and conditions ("Terms"), and prizes will be awarded to the winning entries. This Contest is sponsored by GigaSpaces Technology Ltd. from 4 Maskit St., Herzliya, Israel 46733 (the "Sponsor").
The Contest begins at 12:01 a.m. EST on December 4, 2007, and ends at 11:59 p.m. EST on April 2, 2008. By participating in this Contest, you ("You" or "Your") will have the opportunity to win a prize of up to Ten Thousand United States dollars (US $10,000); gain global recognition for Your killer Application and present Your Application to GigaSpaces' partner network.
Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Terms. If you do not agree to all of these terms, then please do not submit an entry to the Contest.

Eligibility
This Contest is open to software development enthusiasts who are 18 years of age or older at the time of entry. This Contest is void where prohibited by applicable law. Employees of GigaSpaces Technology Ltd. and GigaSpaces Technology Inc., their immediate family members and persons living in the households of said employees are not eligible to enter this Contest.

Submissions
In order to participate in the Contest You will be required to submit Your Application according to the timelines detailed below. You may, however, submit Your Application concept (the "Concept") earlier, according to the timelines detailed below, if You wish to enter the Scholarship Draw (as defined below). You are not required to submit such Concept in order to participate in the Contest and submit Your Application.

Your Application may be submitted in any language and on any platform or operating system. Sponsor may, from time to time during the Contest or in connection with the prize, require You to provide and confirm (by signature or otherwise) additional identifying or other information, in order to remain eligible to participate in the Contest. You must conform to these Terms in order to be eligible to participate in the Contest.
Concept Submission: You may submit Your proposed Application Concept no later than February 13, 2008 according to the Contest guidelines ("Contest Guidelines"). You may review a list of resources available to You on such Guidelines.
Should You have doubts about the applicability of Your proposal to this Contest, please feel free to contact us at contest@openspaces.org.

Application Submission: You must submit Your Application by April 2, 2008 according to the Contest Guidelines. Your application must meet the requirements set in such Contest Guidelines.

The Application must have been created by You (You may create Your Application together with any other person), and by submitting an Application You represent that You have all unrestricted rights necessary to submit Your Application, and that Your Application does not defame or invade publicity rights or privacy of any person, or otherwise infringe upon any person's intellectual property rights.

To be eligible for entry in the Contest, You must submit Your proposed Application Concept (if applicable) and Your Application online by following the instructions as specified in the Contest Guidelines. You may enter as often as You wish.

Recommendations for Entries

  1. Submitted Applications should bring value to the OpenSpaces.org community, such as:
    • New OpenSpaces Application that solves a common problem; e.g. Eclipse plug-in for OpenSpaces, or HTTP (REST) API for OpenSpaces.
    • Enhancement of an existing open source project; e.g. OpenSpaces execution engine for Spring Batch.
    • Application that provides an improved solution to an existing problem; e.g. Oil & Gas Excel-Based Exploration Application or even a Multi-media Content delivery Application.
  2. Use of advanced technologies, platforms and languages such as Amazon EC2 and Dynamic Programming Languages will be highly appreciated.

Application Review and Judging
All eligible Applications will be judged and ranked by the Judging Committee (detailed at the Challenge Overview) in its sole discretion. Review and selection of winning Applications, will be completed by April 22, 2008. All submitted Applications will be reviewed based on the Recommendations for Entries and the Application Requirements listed above and/or in the Contest Guidelines. Each entry must meet the requirements, in Sponsor's sole discretion, to be considered for the Contest. Any non-conforming entries will be disqualified. Entries that contain any content that is unlawful, immoral or may constitute an infringement of any intellectual property rights of a third party, in Sponsor's sole discretion, will be disqualified.

All decisions regarding prize awards are final and binding in all matters relating to this Contest.

Prizes and Awards
The Contest Awards are as follows:
Prize money detailed below is provided in the form of gift card(s) of one or more of the following vendors: Amazon, BestBuy, CircuitCity, Apple Store.

  • 1st Place - The Best Killer Application Overall - will win Ten Thousand United States dollars (US $10,000) in gift cards of Your choice, as stated above.
  • 2nd Place - The Most Technically Innovative Application - will win Two Thousand Five Hundred United States dollars (US $2,500) in gift cards of Your choice, as stated above.
  • 3rd Place - The Coolest Application - will win One Thousand Five Hundred United States dollars (US $1,500) in gift cards of Your choice, as stated above.

Scholarship Draw: In addition to the prizes listed above, all applicants submitting their Concepts by February 13, 2008 will automatically be entered into a draw for 10 scholarships (1 scholarship per drawn Application). Each scholarship is a One Thousand United States dollars (US $1000) gift card to Amazon. The scholarship fee will be awarded upon submission of the final Application (even if You did not win the Contest), provided that You meet the requirements listed in these Terms and in the Contest Guidelines. Winners of the Contest are eligible for such scholarship in addition to the Contest prize.

All prize values are in U.S. dollars. All prizes are subject to standard terms and conditions governing such prize, if any. The Sponsor reserves the right to substitute any prize package with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available.
Expenses not specifically stated above, together with the reporting and payment of all applicable taxes, fees, surcharges or governmental duties of any kind, if any, arising out of or related to acceptance or use of a prize, are the sole responsibility of the winner of that prize.

Each winning contestant agrees that he or she will allow the use of his or her personal data, name, likeness, and/or voice in publicity or advertising relating to the Contest without further compensation.

Contestant agrees that Sponsor's obligation is fair and adequate consideration for any entry submitted, and that contestant is not entitled to and shall not seek any further compensation.

Winner Notification
Announcements of winning Applications will be made, starting April 22, 2008 at the:

  • GigaSpaces Website.
  • Worldwide media - using a dedicated press release and editorials in popular industry channels.
  • Award Gala that will take place at JavaOne 2008, in SF on May 6-9, 2008.
  • Each winner will be notified via email.

Each prize winner may be required to sign and return an affidavit of eligibility, a signed copy of the Terms and Conditions, and/or liability/publicity release (except where prohibited by law) and provide any additional information, that may be required for the Sponsor to comply with applicable law. Winner will have 30 days from receipt of notification to accept the prize in writing. If the applicable winner cannot be contacted for more than 3 days, is ineligible, fails to claim the applicable prize within 30 days or fails to comply with any term or condition of these Terms, the prize may be forfeited and an alternate winner selected.

License to Applications
By submitting an Application and entering this Contest, You hereby grant the Sponsor a license, under the Apache License, Version 2.0, in connection with the promotion of OpenSpaces and the GigaSpaces Products.

Further, none of the entry materials submitted by You will be treated as confidential, so please do not submit proprietary or confidential information.

Limitation of Liability and Indemnity
YOUR PARTICIPATION IN THE CONTEST IS AT YOUR OWN RISK. THE SPONSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE CONTEST. THE SPONSOR SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST. The Sponsor assumes no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Contest, nor for theft, destruction or unauthorized access to, or alteration of, Your Application or any other materials submitted by You. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users, Contest participants or any of the equipment or programming associated with or utilized in the Contest; or for any technical or human error which may occur in the processing of submissions in the Contest. The Sponsor assumes no responsibility for any error, interruption, defect, or delay in operation or transmission, failures or technical malfunction of the Internet, or any telephone network or lines, computer online systems, servers, computer equipment, software, email. The Sponsor is not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Contest. Some jurisdictions may not allow certain limitations on liability and so the foregoing limitations may not apply to You.
Unless prohibited by law, Sponsor's liability shall be limited to One United States dollar (US$1.00).
You agree to release, indemnify and hold Sponsor from any and all losses, damages, rights, claims, expenses (including without limitation attorneys fees and court costs) and actions of any kind in connection with the Contest or submitting any Concept and/or Application or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, property damage, and claims based upon intellectual property infringement, publicity rights, defamation, or invasion of privacy.

General
The Sponsor may discontinue, cancel or reschedule the Contest, or otherwise disqualify any entry, for any reason or no reason, in its sole discretion.
The Contest and these Terms are governed by the laws of the State of Israel, excluding its conflicts of laws principles.

Any dispute arising under these Terms shall, except as expressly provided otherwise in this paragraph, be submitted to binding arbitration before a single arbitrator according to the Rules of Arbitration of the Israeli Institute for Commercial Arbitration. All aspects of the arbitration proceedings, including all preliminary and post-ruling matters, shall be conducted in accordance with Israeli substantive laws then in force. Any award rendered by the Arbitrator shall be final, binding and un-appealable, except as provided in the Israeli Arbitration Law - 1968, and judgment may be entered on any such award by a court having competent jurisdiction. The arbitrator shall not be an officer or employee of the parties to these terms and conditions. Notwithstanding the foregoing provisions, neither party shall be precluded from instituting an action in a court of competent jurisdiction for a temporary restraining order, a preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm pending the selection of the arbitrator. The cost of arbitration, including fees per arbitrator, shall (except as otherwise provided with regard to attorneys' fees) be borne equally by the parties. The resulting arbitration award may be enforced by all lawful remedies, including without limitation, injunctive or other equitable relief in any court of competent jurisdiction. Subject to the arbitration provisions set forth above, each of the parties submits to the exclusive jurisdiction of the competent court located in Tel Aviv-Jaffa, Israel, in any action or proceeding arising out of or relating to these Terms. The venue for the arbitration proceeding shall be Tel Aviv, Israel.

If either party is required to engage in any proceedings, legal or otherwise, to enforce its rights under these terms and conditions, the prevailing party shall be entitled to recover from the other, in addition to any other sums due, the reasonable attorney's fees, costs and necessary disbursements involved in said proceedings.

If any provision of these Terms is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, provided that if no such interpretation is possible, the provision shall be stricken and the remaining provisions of these Terms shall remain in effect to the fullest extent allowable under applicable law.
The headings in these terms and conditions are inserted for convenience only and do not affect its interpretation.
These Terms constitute the final, complete and exclusive understanding between the Sponsor and You with respect to Your participation in the Contest, and supersede any prior or contemporaneous representations, rules, or agreements, whether written or oral.

Due to the large number of requests, we have extended the Concept Submission deadline by two weeks - the new deadline is February 13, 2008.

Last updated: January 15, 2008.

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