YOUR
SUBMISSION OF AN “ENTRY” (AS DEFINED HEREIN) CONSTITUTES AN OFFER TO EXCHANGE
YOUR OWNERSHIP RIGHTS IN THE SUBMISSION FOR ONE OF THE PRIZES SET FORTH HEREIN,
ALL SUBJECT TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
VOID
WHERE, OR TO THE EXTENT, PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.
1.
THIS AGREEMENT
This agreement constitutes the official rules ("Official Rules") of
Axcis Information, Inc.’s (“TrackMaster”) TrackMaster Mobile Application
Developers Challenge ("Contest"). By entering into this Contest, you (i) accept and agree to be bound by
these Official Rules and the decisions of TrackMaster, which shall be final,
binding and conclusive on all matters, and (ii) acknowledge that by registering
for the Contest you have accepted these Official Rules and that the Official
Rules constitute a contract between you and TrackMaster.
2.
ELIGIBILITY
The Contest is open to all individuals who are legal
residents of the United States of America or Canada who register to participate
in the manner specified below and who supply his or her first and last name,
mailing address and valid e-mail address. There is no cost to participate in the contest. No
purchase necessary. Void where
prohibited by law.
2.1.
All participants must
be at least 18 years of age as of August 1, 2010.
2.2.
Employees and directors
(by whatever name called) of TrackMaster, Equibase Company LLC, The Jockey
Club, Thoroughbred Racing Associations of North America, Inc., The United
States Trotting Association, Standardbred Canada and each of their respective
parent, affiliate and subsidiary companies, as well as the agents and
contractors thereof and the immediate family members (spouse, mother, father,
sister, brother, daughter or son, regardless of where they live) and members of
the same households (whether related or not) of such employees and directors,
agents, and contractors are not eligible to participate in the Contest.
2.3.
All U.S. federal, state
and local laws and regulations shall apply to the Contest.
3.
HOW TO REGISTER FOR THE
CONTEST
3.1.
Registrations for the
Contest will be accepted by TrackMaster during the period from August 1, 2010
through October 1, 2010. Registration
is open to individuals only and not to companies, corporations, partnerships
and the like; provided, however, that
sole proprietorships are eligible to register for the Contest.
3.2.
To register for the
Contest, access the Contest’s web site at http://www.trackmaster.com/developer (hereinafter the "Web Site"). Complete the registration form by filling in your own name, mailing
address and e-mail address, and any other requested information on the
registration page and following the instructions on the Web Site. Unless
otherwise advised on the Web Site, any attempt to register for the Contest
other than via the Website shall be null and void.
3.3.
You may only submit one
registration. Individuals submitting or
attempting to register more than once will be disqualified. TrackMaster
reserves the right to disqualify any individual suspected of submitting more
than one registration form. Any false
or deceptive registrations shall render your Entry (as defined in Subsection
5.1) ineligible and void.
3.4.
In case of dispute as
to identity of a registrant, the registrant will be determined by the
Authorized Account Holder of the email address submitted at time of
registration. "Authorized Account Holder" means the natural person
who is assigned an email address by an Internet access provider, online service
provider, or other organization (e.g., business, educational, institution,
etc.) responsible for assigning email addresses or the domain associated with
the submitted email address. A
potential winner may be requested to provide TrackMaster with proof that such
winner is the authorized account holder of the email address associated with
the winning Entry.
4.
ACCESS AND
ACKNOWLEDGEMENTS FOR TRACKMASTER DATA
4.1.
As a registrant for the
Contest, you will be given complimentary access to up to one full year of
TrackMaster entry and result data to be used solely in support of the creation
of their Entry. Such data shall include
(herein collectively known as “TrackMaster Data”):
4.1.1.
For Thoroughbred and
Quarter Horses: TrackMaster Plus and result charts (both in XML format) for all or part of the calendar year
of 2006; and
4.1.2.
For Harness Racing:
TrackMaster Plus (XML format) and comma delimited result charts for the
calendar year of 2005.
4.2.
TrackMaster will supply
appropriate file specifications for TrackMaster Data on the Web Site.
4.3.
You understand and
agree that all TrackMaster Data acquired hereunder is for your own private,
personal use only for the purposes of preparing your Entry in this Contest. You
agree that you will not share, transfer sublicense or create derivate works of
the TrackMaster Data and that you shall not publicly display or otherwise
distribute or provide access to TrackMaster Data to any third party without
having first obtained the written permission of TrackMaster.
4.4.
You acknowledge and
agree that the TrackMaster Data constitutes a work protected by the copyright
laws and other intellectual property laws of the United States and other
nations. You further acknowledge and agree that all TrackMaster Data acquired
hereunder shall be and remain the sole property of TrackMaster. All rights, title to, and interest in,
including copyrights and other intellectual property rights, all systems,
programming, records, statistics, data, documentation, operators' manuals,
components, and accessories comprising the system furnishing the TrackMaster
Data and provided by TrackMaster shall remain the property of TrackMaster or
its licensors at all times.
5.
CONTEST ENTRY
SUBMISSION
5.1.
The software, computer
program or code that you enter into the Contest shall be deemed to be your
"Entry".
5.2.
You may only submit one
Entry. All Entries must be submitted
prior to March 1st, 2011.
5.3.
Prior to submitting
your Entry, you have a one-time option to “pre-submit” the software application
that may become your Entry to TrackMaster for a preliminary review of the Entry
(“Pre-Review”). Your opportunity to
make a submission for a Pre-Review will end at the close of TrackMaster’s
business on January 31, 2011 and no pre-submissions will be accepted after that
date. Following a submission for a
Pre-Review, TrackMaster will undertake reasonable efforts to review the
pre-submitted software application and supply you with feedback regarding the
merits of the software application within ten days from the date of receipt of
your submission. You may only
pre-submit a software application for a Pre-Review only once per piece of
software.
5.4.
When you submit a
software application for a Pre-Review, clearly indicate that the submission is
for Pre-Review only.
5.5.
By submitting an Entry
for a Pre-Review, you agree and acknowledge that: (i) any advice or guidance
provided to you by TrackMaster is for your information purposes only and is not
an indication of the quality of your Entry, and (ii) that TrackMaster shall be
under no obligation to you except to undertake reasonable efforts to review
your Entry.
5.6.
In addition to the
other provisions relating to Entry submissions stated elsewhere in these
Official Rules, by submitting your entry, you:
5.6.1.
Are granting
TrackMaster an irrevocable, worldwide right and license to use, review, assess,
test and otherwise analyze your Entry and all its content in connection with
this Contest;
5.6.2.
Agree to sign any
necessary documentation that may be required for us and our designees to make
use of the rights you granted above;
5.6.3.
Agree to be bound by
these Official Rules, including, without limitation, the provisions of Section
9 below (relating to the ownership of your Entry in the event that your Entry
is selected as a “winning” Entry);
5.6.4.
Understand and
acknowledge that we may have developed or commissioned materials similar or
identical to your Entry and you waive any claims you may have resulting from
any similarities to your Entry;
5.6.5.
Understand that
TrackMaster cannot control the incoming information you will disclose to our
representatives in the course of entering, or what our representatives will
remember about your Entry. You also
understand that we will not restrict work assignments of representatives who
have had access to your Entry. By
entering this Contest, you agree that use of information in our
representatives’ unaided memories in the development or deployment of our
products or services does not create liability for us under this agreement or
copyright or trade secret law;
5.6.6.
Understand that you
will not receive any compensation or credit for use of your Entry, other than
what is described in these Official Rules; and
5.6.7.
Agree that once you
have submitted your Entry, you may not revoke your Entry.
6.
CRITERIA FOR EACH ENTRY
6.1.
Your Entry must meet
the criteria identified in this agreement. The failure of an Entry to meet the following criteria set forth in this
agreement will entitle TrackMaster, at its option, to disregard an Entry and to
not include it for consideration in this Contest:
6.2.
Your Entry must utilize
the TrackMaster Data and be fully functional, bug free and commercially viable
at the time of its submission (for the avoidance of doubt, this does not apply
to software applications submitted for a Pre-Review);
6.3.
Your Entry must be
accompanied by a brief description of the application including:
6.3.1.
The Entry’s use and
possible scenarios in which an end user would use the Entry;
6.3.2.
The relevant target
users of the Entry; and
6.3.3.
Advantages of the Entry
over a similar product(s) (i.e., better functionality, better performance, ease
of use).
6.4.
Your Entry must include
all source and object codes for the Entry;
6.5.
Your Entry must be your
own “original work of authorship” (as defined by United States copyright law);
6.6.
Your Entry may not
contain any open source software or other software subject to licenses or other
contracts that would require the Entry to be (i) distributed or disclosed in
source code form or (ii) distributed on a royalty free basis;
6.7.
Your Entry shall not contain
third party software or code without having a license to (a) use such software
or code as part of your Entry for submission to TrackMaster and (b) use such
third party software or code as part of a product that will be made available
to third parties on a commercial basis;
6.8.
Your Entry shall be
developed for and work on iPhone or Android smart phone platforms; and
6.9.
Each Entry must include
a log of the actual data fields used by the Entry.
7.
SELECTION OF WINNER(S)
7.1.
The TrackMaster staff
will judge all entries and shall select the winners, if any. TrackMaster shall be under no obligation to
identify any winners or make any awards or prizes unless a winner is
identified. The criteria used to
determine the winner(s) shall include, but not be limited, to:
7.1.1.
Overall
professionalism, display, functionality and commercial viability of each entry;
7.1.2.
Estimated usefulness of
the Entry in the horse racing handicapping market;
7.1.3.
Estimated competition
of the entry in the marketplace;
7.1.4.
If the Entry is
selection based (i.e., the entry ranks contenders or attempts to pick winners),
results of selections derived from using the entry.
7.2.
Winner(s) will be
notified via email on or around April 15, 2011.
7.3.
The selection of the
winning entry or entries shall be within the sole and absolute discretion of
the TrackMaster, whose decisions shall be final.
7.4.
If an entry is selected
as a winning entry, the data supporting the entry, at TrackMaster’s sole
option, may be required to be encrypted.
8.
PRIZES
8.1.
TrackMaster may, but is
not obligated to, select up to three winners for the Contest.
8.2.1 First
place - US$5,000.00;
8.2.2 Second
place – US$3,000.00; and
8.2.3 Third
place – US$2,000.000.
8.3.
In the event that only
one winner is selected, such winner will be deemed to be the “First place”
winner.
8.4.
No transfers or
assignments of prizes are allowed.
8.5.
If TrackMaster is
unable to contact the winner(s) to notify the winner that he or she has been
selected as a winner, or if any notification is returned as undeliverable, for
any reason beyond TrackMaster’ control, the prize will be forfeited and may be
awarded to an alternate registrant. Each winner will be required to execute and
return to TrackMaster within fourteen days of being notified of being a winner:
(i) an affidavit of eligibility/release of liability and publicity release
(granting TrackMaster the right to publish the entrant’s name) and (ii) an
acknowledgement of assignment of ownership of the winning entry. Failure to
comply with these requirements may result in the award of the prizes to an
alternate Registrant. The return of the aforementioned documents within the
allotted time shall be the sole responsibility of the winner; TrackMaster is
not responsible for delays in delivery.
8.6.
Taxes due on prizes, if
any, are solely the responsibility of the winner.
8.7.
Any potential winner
may be requested to provide TrackMaster with proof that such winner is a United
States or Canadian resident and was at least 18 years old as of August 1, 2010
.
8.8.
If TrackMaster does not
identify your Entry as a winning entry, TrackMaster will destroy all copies of
your Entry and related information submitted by you within a reasonable time
following the conclusion of the Contest.
9.
WINNING ENTRIES
9.1.
You hereby agree that
in the event that your Entry is selected as a winner of the Contest, all right,
title and interest in and to your Entry (including, without limitation, all
copyright, trademark, patent and other proprietary rights and moral rights
associated therewith) shall be immediately and irrevocably assigned to
TrackMaster.
9.2.
In the event that your
Entry is deemed to be a winning entry, in order to be eligible to receive the
relevant prize identified in Subsection 8.2:
9.2.1.
Following the
designation of your Entry as a winning entry, if it occurs, you must provide 90
days of technical support (“technical support” means your helping TrackMaster
with the technical issues involved with installation, submission to and distribution
via an application store, troubleshooting, bug fixing or any other issues
affecting the usability or performance of the Entry which may arise during such
period);
9.2.2.
Your Entry must be
accepted by the relevant mobile application store (i.e., iPhone or Andriod app
store) and available for public for downloading from such store for a period of
not less than 90 days.
9.3.
If all of the
requirements of Subsection 9.2 are met or if TrackMaster decides that a failure
to meet them is immaterial, TrackMaster will pay the relevant winning entrant
the corresponding prize amount idenfitied in Subsection 8.2.
9.4.
If the requirements of
Subsection 9.2 are not met, TrackMaster shall have the sole option to declare
your Entry void and to not award you a prize. If TrackMaster declares a winning entry void, then:
9.4.1.
TrackMaster hereby
assigns all right, title and interest in and to the Entry (including, without
limitation, all copyright, trademark, patent and other proprietary rights and
moral rights associated therewith) back to the original registrant; and
9.4.2.
If the winning entry
has been available for public download from a mobile application store during
the 90 day period identified in Subsection 9.2.2, TrackMaster shall be entitled
to keep all revenues generated by the sale or licensing of the Product during
the time Entry was available.
9.5.
You also agree to take,
at your expense, any further action (including, without limitation, execution
of assignments, transfers, affidavits and other documents) reasonably requested
by TrackMaster to effect, perfect, or confirm TrackMaster's rights in and to
your Entry or other rights granted in this Agreement.
9.6.
Acceptance of the prize
constitutes deemed permission for TrackMaster to make public and otherwise use
winner's name, voice, picture, likeness, opinions, biographical information,
city and country of residence, and submitted work without further compensation
in any media now known or hereafter developed for promotional and/or publicity
purposes, unless expressly prohibited by law. Each winner also agrees to
participate in and cooperate with any promotional activity and/or publicity
relating to the Contest, as TrackMaster shall reasonably request from time to
time.
10.
REPRESENTATIONS AND
WARRANTIES
10.2.
You are the sole and
exclusive owner of (and free of any adverse claim by any person, firm, or
corporation) all right, title and interest in and to your Entry;
10.3.
Your Entry is original
and the use of the Entry as described in these Official Rules will not infringe
upon the patent, copyright, design, database or other intellectual property or
proprietary rights or moral rights, of any third party or of TrackMaster;
10.4.
Your Entry is not
obscene or libelous, and does not violate any rights of any third party,
including but not limited to rights of privacy or publicity;
10.5.
Your Entry does not
contain any virus, “spyware”, “malware”, trap door, worm, time bomb, or any
other device, mechanism or code that may be injurious or damaging to software
or hardware used in conjunction with the Entry;
10.6.
The Entry and its use
as described in these Official Rules will not violate any federal, provincial,
state or local laws or ordinances;
10.7.
No employer or
educational or other establishment has any rights in the Entry;
10.8.
The email address you
submitted when registering at the Website is your own email address;
10.9.
Your Entry complies
with all of the terms and conditions of the third party software provider
(including, without limitation, Apple and Google) licenses; and
10.10.
Your Entry does not infringe upon the
intellectual property (i.e., copyright, trademark, patent, trade secret and
associated rights) or moral rights of any third parties.
11.
INDEMNIFICATION
12.
DISCLAIMERS AND
LIMITATIONS OF LIABILITY
12.1.
In no event shall
TrackMaster be responsible for any incorrect or inaccurate information, whether
in the TrackMaster Data, any other data or information supplied hereunder or
caused by Web site users, tampering or hacking, or by any of the equipment or
programming associated with or utilized in the Contest.
12.2.
TrackMaster shall have
no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to the Web site.
12.3.
TrackMaster shall not
be responsible for injury or damage to participants' or to any other person's
computer related to or resulting from participating in the Contest or downloading
materials from or use of the Web site.
12.4.
IN NO EVENT WILL
TRACKMASTER, ITS LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND
RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR
LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING IN CONNECTION
WITH THIS CONTEST, UTILIZATION OF ANY “WINNING” ENTRY, YOUR ACCESS TO AND USE
OF TRACKMASTER'S WEB SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL
DOWNLOADED FROM THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, TRACKMASTER®
PRODUCTS AND OTHER TRACKMASTER-PROVIDED DATA. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TIMELINESS, ACCURACY OR NONINFRINGEMENT.
12.5.
TrackMaster shall not
be responsible for or have any liability for any incorrect or inaccurate
registration information, non-receipt of Entries, human error, technical
malfunction, failures, omissions, interruptions, deletions, or defects of any
electronic or telephone network, computer online system, computer equipment,
servers, access providers, or software, including any injury or damage to
participants’ or any other persons’ computers relating to or resulting from
participation in this Contest; inability to successfully transmit your Entry;
theft, tampering, destruction, or unauthorized access to, or alteration of
Entries. Further, TrackMaster shall not be responsible for or have any
liability for registrations or Entry submissions that are processed late or
incorrectly or are incomplete, garbled, or lost due to computer or electronic
malfunction or traffic congestion on the Internet or any website. Proof of
entering information and submission of registration information or submission
of an Entry is not considered proof of delivery or receipt. The submission of
Entries online within the allotted time shall be the sole responsibility of the
Registrant; TrackMaster is not responsible for lost, unopenable, misdirected,
or late Entries, failure to deliver or delays in delivery. All Entries become
the sole property of the TrackMaster and will not be returned or acknowledged.
13.
MISCELLANEOUS
13.1.
As a condition of
participating in the Contest, you agree that any and all disputes which cannot
be resolved between you and TrackMaster, and causes of action arising out of or
in connection with the Contest, shall be resolved individually, without resort
to any form of class action. Such
disputes shall be resolved before a state or federal court located in the
County of Santa Clara, California which court shall apply the laws of the State
of California without regard for principles of conflicts of law. Your registration for the Contest signifies
your consent to the exclusive jurisdiction of the state and federal courts
located in the County of Santa Clara, California. Further, in any such dispute, under no circumstances will you be
permitted to obtain awards for, and you hereby waive all rights to claim
punitive, incidental or consequential damages, or any other damages, including
attorneys' fees, other than your actual out-of-pocket expenses (i.e. costs
associated with entering the Contest), and you further waive all rights to have
damages multiplied or increased. In
addition, in connection with any such dispute you waive your right to a jury
trial.
13.2.
TrackMaster reserves
the right at its sole and absolute discretion (i) to cancel, terminate, modify
or suspend the Contest; and/or (ii) TrackMaster reserves the right, in its sole
and absolute discretion, to disqualify any individual it finds, in its sole and
absolute discretion, to be tampering with the entry process or the operation of
the Contest or Web site. TrackMaster may prohibit an entrant from participating
in the Contest or winning a prize if, in its sole and absolute discretion, it
determines that said entrant is attempting to undermine the legitimate
operation of the Contest by cheating, hacking, deception, or other unfair
playing practices (including the use of automated quick entry programs) or
intending to annoy, abuse, threaten or harass any other entrants, TrackMaster
or users of the TrackMaster Service. Any attempt by an entrant to deliberately damage any website or
undermine the legitimate operation of the Contest is a violation of criminal
and civil laws and should such an attempt be made, TrackMaster reserves the
right to seek damages from any such entrant to the fullest extent of the law.
13.3.
Nothing contained in
these Official Rules or on the TrackMaster web site shall be construed to place
the Registrant and TrackMaster or any other person or entity in the
relationship of partners or joint venturers.
13.4.
No waiver, modification
or cancellation of any term or condition of these Official Rules shall be
effective unless executed by TrackMaster.
13.5.
To receive the name(s)
of the winning registrant(s), send a self-addressed, stamped envelope to
“TrackMaster Software Developers Challenge”, 2584 Wyandotte Street, Mountain
View, CA 94043 after June 1, 2011 and such listing will be sent to you.