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Terms and Condition - Hong Kong

Cisco "Think Inside the Box" Developer Contest(HK) Terms and Conditions

NO PURCHASE NECESSARY.A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER. Void where prohibited or restricted by law.

BY REGISTERING FOR THIS CONTEST, YOU FULLY AND UNCONDITIONALLY AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT REGISTER FOR THIS CONTEST AND DO NOT SUBMIT AN ENTRY.

COMPLETE OFFICIAL RULES

TERM. The Cisco "Think Inside the Box" Developer Contest (HK) (the "Contest") begins at 0:00:01 Hong Kong time on April 17, 2009 and ends at 23:59:59 Hong Kong time on or about Jun 30, 2009 (the "Contest Period"). Sponsor's clock is the official time keeping device for this Contest. Sponsor reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Contest and these Terms and Conditions, for any reason, at any time and without any liability. Complete contest dates will be posted on the Site. Any changes in dates will be communicated on the Site.

ELIGIBILITY:The Contest is sponsored by Cisco Systems International B.V. ("Sponsor" or "Cisco") and is open and offered only to individuals age eighteen (18) or older at time of registration and who have accepted these Terms and Conditions (eligible "Entrant" or "You"). Cisco Systems International B.V. its affiliates, subsidiaries, and their respective employees, officers, directors, shareholders, representatives, agents, consultants, contractors and their family members are not eligible to participate and will be disqualified. Residents of the province of Quebec in Canada, Cuba, Iran, Syria, North Korea, Italy, Myanmar (formerly Burma) and Sudan are not eligible to participate. The Contest is void in these countries and where otherwise prohibited or restricted by law. Cisco reserves the right to limit, or restrict upon notice, participation in the Contest to any person who fails to comply with these terms and conditions.

CONTEST ENTRY REQUIREMENTS & HOW TO ENTER: To enter the Contest, visit http://www.cisco.com/web/HK/solutions/axpdev/index.html(the "Site") accurately and truthfully complete the online registration form, accept these Terms and Conditions and follow the instructions to complete and submit the Proposal Template outlining your Linux-based solution for the Cisco Application Extension Platform (eligible "Proposal Template"). Entrants may submit a Proposal Template individually or as a part of a team. However, an individual cannot be a part of more than one team. A Proposal Template submitted by a team must designate one individual member as the team leader for contact and contest administrative purposes. The team leader shall be responsible for submitting the Proposal Template on behalf of the team. Each member of a team must register and accept these Terms and Conditions or the team as a whole may be disqualified, in Sponsor's sole discretion.

Entrants must submit a completed Proposal Template. Entrants may, but are not required, to use any publicly available resource when developing their proposal, including data sheets, SDKs, white papers or other documents available on Cisco.com. Each team may submit one (1) or more Proposal Template. Each Proposal Template must describe a Linux based application that is compatible with the Cisco AXP product. Entrants are responsible for any costs or expenses associated with preparing and submitting a Proposal Template. A Proposal Template shall hereinafter collectively be referred to as a "Submission. Each Submission must be the original creation of the Entrant(s). Submissions may not be cancelled, removed or revoked by Entrant. Sponsor, its affiliates, licensees, successors and assigns are in no way obligated to use or continue to use any Submission. All Submissions suspected of violating intellectual property rights, or any laws will be ineligible. All Submissions must be in English. Entrants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Submissions.

JUDGING CRITERIA:

Proposal Submission

Proposal Templates will be reviewed by judges selected from Sponsor and its affiliates that currently serve in technical and business roles ("Judging Panel(s)"). Submissions must be received by 11:59 pm Hong Kong time on July 6, 2009. The Judging Panel will select (1) grand prize winner, one (1) second place winner and one (1) third place winner using the following criteria:

  1. Innovation (35%): Does the Proposal Template introduce a new, creative, innovative, unique and/or compelling new application or concept?
  2. Effective Use of AXP Platform (35%): Does the Proposal Template leverage the AXP Platform effectively? Does it extend network capabilities? Is the Proposal Template a good business fit for Cisco?
  3. Feasibility (20%): How feasible is it to implement this proposal from both a business and a technical perspective?
  4. Project Plan and Documentation (10%): Complete, accurate and detailed project plan, including without limitation, timelines, resource estimates, and any other components necessary to launch the proposed concept, such as a high level description of the application scope, relevance, functionality and components.

Sponsor will announce the Winners on or about August 5, 2009 on the Site and attempt to notify them individually by mail, e-mail and/or telephone (at Sponsor's discretion and using the information provided in the Registration).

All decisions of the Judging Panels are final, non-appealable and binding. Potential winners must comply with all Terms and Conditions; winning is contingent upon verification of eligibility and compliance with all requirements herein.

PRIZE(S):One (1) Grand Prize: HK$32,000; One (1) Second Prize: HK$16,000; and One (1) Third Prize: HK$8,000. Prize awards will be shared equally among all team members. All prizes are stated in Hong Kong currency. Sponsor reserves the right to increase the prize money either by itself or in association with its partners at any point during the contest. Potential winners will be notified by mail, e-mail or telephone (at Sponsor's discretion using the information provided in the Entry). Cisco is interested in developing and marketing a new application for the Cisco AXP module winning Entry. However, Cisco may elect to pursue or reject the opportunity in its sole and absolute discretion; nothing herein obligates Cisco to develop any product or application based on any Entry.

CONTENT TERMS OF SUBMISSION:Proof of a submitted Proposal Template does not constitute proof or evidence that Sponsor received the Proposal Template within the Contest Period or that it is otherwise eligible for the Contest. Sponsor reserves the right to disqualify and/or remove any Proposal Template or Entrant within its sole and absolute discretion. Nothing in these Terms and Conditions shall require Cisco to monitor or edit the Site or any Submissions for offensive or otherwise objectionable content. Notwithstanding the foregoing, Cisco may reject from the Contest any Proposal Template which might be considered, offensive, defamatory, obscene, illegal, harmful, in violation of the Site Acceptable Use Policy or that otherwise falls short of Sponsor's (or its customers') standards. All Entrants shall use the Site according to these Terms and Conditions and the Site Acceptable Use Policy.

REPRESENTATIONS AND WARRANTIES:

You represent and warrant as follows:

  1. all registration information is complete, accurate and truthful;
  2. no person or entity (including your employer) other than you has any right, title or interest in any part of your Submission;
  3. no other party is entitled to claim royalties from the use of the Submission;
  4. each Submission, the use thereof by Sponsor, or the exercise by Sponsor of any of the rights granted by you under these Terms and Conditions, does not and will not infringe or violate any rights of any third party or entity, including, without limitation patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;
  5. your entire Submission is an original work by you, and you have all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that you have granted hereunder;
  6. your Submission does not contain content that is inconsistent with the permissible uses outlined by these Terms and Conditions, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
  7. you will not upload, submit, post or otherwise transmit any Submission or content that contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
  8. you are not submitting any confidential, proprietary, or trade secret information.

LICENSES:

Entrant grants to Cisco, its affiliated companies, their successors, assigns and agents, a worldwide, perpetual, irrevocable, royalty-free, fully paid up, non-exclusive license under all of Entrant's Intellectual Property Rights (as defined below) to:

  1. review, assess, test, evaluate, analyze or otherwise consider the Submissions and any other information provided for the Contest;
  2. use, make and have made, import, reproduce and have reproduced all or any part of the Submissions;
  3. revise, alter, modify, improve or otherwise make derivative works of the Submissions;
  4. publicly perform or publicly display the Submission on Cisco internal or external websites or publication in marketing materials or any other collateral advertising or promoting this Contest;
  5. distribute, market, sell and offer to sell, or provide support for, any part of the Proposal Template as a stand-alone product(s)or as incorporated into, or in connection with, or for use with, any product by any means now known or developed in the future, through multiple tiers of distribution, including, without limitation, resellers, distributors, VAR's and OEM's, to end users or directly to end users, and to sublicense and authorize the granting of sublicenses of all of the license rights granted to Cisco in this Section (e) to Cisco's suppliers, contract manufacturers, affiliates and others designated by Cisco.

For the avoidance of doubt, the rights granted in Section (e) shall only apply to the Proposal Templates submitted in Phase One of the Contest. At Sponsor's option, Finalists (including all Team Members) agree to grant any additional licenses with respect to the Prototype deemed necessary by the Sponsor, in its sole discretion, to carry out this Contest.

"Intellectual Property Rights" means any and all tangible and intangible: (i) copyrights and other rights associated with works of authorship throughout the world, including but not limited to copyrights, neighboring rights, moral rights, and mask works, and all derivative works thereof; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms, utility models, and other industrial property rights, and all improvements thereto; (v) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license, or otherwise; and (vi) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in force (including any rights in any of the foregoing).

You waive all claims to and shall receive no royalties of any kind, now or in the future, from Sponsor, its affiliates, licensees, successors and assigns for use of your Submission. No Submission will be received or held "in confidence" and under no circumstance will your submittal of a Proposal Template or Prototype create a confidential relationship or obligation of secrecy between you and Cisco or between you and any other party. Entrants should be guided by their own attorneys as to the desirability of seeking patents or other protection for Submissions. Entrant acknowledges that Cisco may currently or in the future be developing information internally, or receiving information from other parties, that is similar to your Submission. Accordingly, nothing herein shall prohibit Cisco from independently acquiring, developing, or having developed for it, products, concepts, systems, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in any Submission. You recognize that other persons or entities may have provided Sponsor or others, or made public, or may in the future submit, or make public, materials that are the same or similar to your Submission. You acknowledge and agree that Sponsor shall have the right to use such same or similar materials, and that you will not be entitled to any compensation arising from Sponsor's use of such materials. In the event that your Submission is identical or similar to the Submission of another Entrant, Sponsor reserves the right to score one Submission higher than the other subject to the judging criteria set forth above and at the sole discretion of the Judging Panel.

FIRST RIGHT OF REFUSAL

During the Contest Period and for a period of six (6) months thereafter, should any party other than Sponsor offer to buy, license, rent, lease or otherwise acquire any right, title or interest in or to your Submission, whether in whole or in part, Entrant may not accept such offer before tendering it to Sponsor. Sponsor shall then have ten (10) business days (the "Refusal Period") to meet or exceed such third party offer. Failure by Sponsor to respond before the expiration of the Refusal Period shall be deemed a rejection by Sponsor. Should Sponsor tender an offer that meets or exceeds the third party offer, Entrant and Sponsor shall thereupon engage in good faith negotiations to enter into a definitive agreement based on the terms of Sponsor's offer. Should Sponsor reject (or is deemed to reject) or fail to meet or exceed the third party offer, Entrant is free to accept or reject such third party offer in its discretion and without further notice to Sponsor.

TAX CONSIDERATIONS:Winner is solely responsible for any applicable local, provincial, state, federal or any other taxes, and any other costs, expenses and fees connected with the prize. Entrant must provide tax related documentation as requested by the Sponsor to meet its tax reporting obligations.

AFFIDAVITS AND RELEASES: Potential winners will be required to sign and return an Affidavit/Declaration/Certificate of Eligibility and Release of Liability, for receipt by Sponsor within five (5) calendar days of the date such Affidavit and Release are dated. In the event of noncompliance with these Terms and Conditions, if potential winner cannot be reached using the contact information provided on the Proposal Template on or within two attempts, or if the prize winner notification is returned as unclaimed or undeliverable, the prize will be forfeited and an alternate potential winner may be selected. Prizes are not assignable or transferable in whole or in part. No prize substitutions allowed, in whole or in part, except the Sponsor reserves the right to substitute a prize of comparable value.

VERIFICATION/AUDIT: Entrant understands and agrees that Cisco may (but is not required to) verify, audit or otherwise confirm Entrant's identity, registration information or other information relating to any Entrant or Submission that may aid Sponsor select Contest winner(s). Entrant hereby consents to such verification efforts and shall reasonably cooperate fully and in good faith with Cisco throughout the duration of the Contest. Cisco, in its sole and absolute discretion, may suspend, remove or otherwise eject any Entrant suspected of providing false, misleading or other information that may fail to comply with these Terms and Conditions, the Site Acceptable Use Policy or any other Contest rules or regulations.

GENERAL CONDITIONS: Entrants may be asked to participate in Cisco internal and external promotional activities related to the Contest including, but not limited to Video blogs, VoDs, Telepresence sessions, blogs and webcasts. Entrant grants permission to Sponsor and its authorized representatives to use his/her name, address, photograph, voice, and/or other likeness for advertising, trade and promotional purposes directly related to this Contest, without further compensation, in all media now known or hereafter discovered, worldwide, and on the Internet and world wide web, in perpetuity, without notice, consideration, review or approval. Entrants shall at all times comply with the Authorized Usage Policy on and for the Site. Personal data will be processed in accordance with Cisco's Privacy Policy which can be found at http://www.cisco.com/web/siteassets/legal/privacy.html. Following the Contest Period, Cisco shall not be required to retain records of any Submissions. Entrants should direct any request to access, update, or correct information to Sponsor. Sponsor is not responsible for human error, theft, destruction, or damage to Submissions, or other factors beyond its reasonable control. Sponsor reserves the immediate right to disqualify any Entrant who, in Sponsor's sole discretion: (i) is not in compliance with these Terms and Conditions, (ii) tampers with the entry process, the Contest, or the Site; or (iii) is acting in an uncooperative, unsportsmanlike, disruptive, abusive, or threatening manner. Sponsor shall not be liable to a winner or any other person for failure to supply the prize or any part thereof, by reason of the prize becoming for reasons beyond the reasonable control of Sponsor unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond Sponsors' control.

Neither Sponsor, nor its employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies ("Released Parties") shall assume any responsibility whatsoever for delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to 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 failures or difficulties; the incorrect or inaccurate capture or failure to capture information whether caused by Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, Entry, or other information; the failure to capture any such information; or errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest, theft, loss, destruction or damage to Submissions, in whole or in part, or other factors beyond their reasonable control. Once submitted, an entry cannot be deleted or cancelled. Except in cases of death or personal injury caused by negligence, Released Parties are not responsible for injury or damage to Entrants' or to any other person's computer related to or resulting from participating in the Contest or downloading materials from or use of the Site. Persons who tamper with or abuse any aspect of the Contest or Site, as solely determined by Sponsor, will be disqualified. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE PROMOTION, IF APPLICABLE). Any Entrant Cisco suspects of attempting to circumvent the Terms and Conditions of this Contest, including but not limited to using false e-mail and/or addresses, multiple identities or other fraudulent or deceptive entry methods, may be disqualified. In the event of a dispute as to the source of any Submission, the authorized account holder of the email address used to enter will be deemed to be the person making the Submission. The authorized "account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

LIMITATIONS OF LIABILITY AND RELEASE:ENTRANTS AGREE THAT SPONSOR, ITS AFFILIATES, DIVISIONS, SUBSIDIARIES, RESELLERS, DEALERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS ("RELEASED PARTIES") WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY ENTRANT FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING WITHOUT LIMITATION DISABILITY OR DEATH, EXCEPT IN CASES OF DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF THEIR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED ACTIVITY. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.

CHOICE OF LAW:This Contest and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the England without regard to the conflicts of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms and Conditions shall be the courts of England and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. No person who is not a party to this Agreement shall be entitled to enforce or take the benefit of any of its terms under the Contracts (Rights of Third Parties) Act 1999. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys' fees. Entrants hereby waive all rights to (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and (ii) to have damages multiplied or otherwise increased, including for willful patent infringement.

WINNERS LIST:For a list of winners, contact Sponsor by mail at the address below addressed to attention: AXP Winner's List Request for receipt by August 5, 2009. Or, please check the Site for a list of winners' names.

SPONSOR: Cisco Systems International B.V.