Terms and conditions

Code Afloat – TERMS AND CONDITIONS

Sponsored by Digital Yacht America LLC (“Sponsor”)

THE CODE AFLOAT COMPETITION IS VOID WHERE PROHIBITED BY LAW. BY PARTICIPATING, YOU AGREE TO THESE TERMS AND CONDITIONS.

THERE IS NO ENTRY FEE.

The Code Afloat Competition begins on 1st July 2017 and ends at midnight on 31st December 2017

Eligibility:

The Code Afloat Competition is open to all individuals who are at least eighteen years old(i) or (ii) who are invited by the Sponsor to participate in the Code Afloat Competition. The competition is also open to Companies, LLPs and LLCs

Participation in the Code Afloat Competition constitutes Participant’s full and unconditional agreement to and acceptance of these Terms and Conditions (“Terms”). The term “you” refers to you, the “Participant”.

Employees of Sponsor and their respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfilment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Code Afloat Competition period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Code Afloat Competition.

Prizes and Awards:

There are two prize categories and three prizes that will be awarded as follows:

Category 1 – Best Signal K Application

The entry in the Best Signal K Application category that is awarded the highest score by the judges will receive $2500.

Category 2 – Best Idea for a Signal K Application

The two entries in the Best Idea for a Signal K Application category that are awarded the two highest scores by the judges will each receive $500.

Awards will be paid by credit transfer to a nominated bank. The odds of winning depend on the total number of eligible entries received. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.

Winners will be notified by email at the end of January 2018

Your Participation:

You can participate either as part of a team of up to three (3) people or on an individual basis. Switching teams is not allowed. Sponsor is not responsible for, and will not assist in resolving, any disputes between team members. You may participate in either of the competition’s two categories, but you cannot enter both categories.

As a Participant in the Best App category, you will be required to do the following:

• Create and develop an innovative app that uses Signal K data.
• Provide a working copy of the App for evaluation by the judges, this might be;
  • As a published app on a commercial App Store
  • As a beta release on Test Flight or similar test platform
  • Supplying the source code in GitHub (with compilation instructions)
  • Providing links to a website demonstrator
• Provide suitable instructions and documentation to run and evaluate the app
• Complete the “Submit entry” process on the Code Afloat website
• Be available by email during the first two weeks of November to answer questions

As Participant in the Best Idea category, you will be required to do the following:

• Create and document an innovative idea for an app that uses Signal K data
• Provide as much detail as possible on what the App will do and how it will operate
• Submit mock-up images, drawings or any other media that will illustrate the idea

A team may only submit one entry. Individual Participants and companies may only submit one entry. Incomplete entries may be disqualified.

The aim of this competition is to encourage the development of new Signal K Apps so we cannot accept existing apps that have already been published on commercial App stores, GitHub or any other public websites. If a new version of an existing app is submitted that has significant new functionality, then we will accept its submission, although it may lose points for originality.

Scoring of entries:

A panel of 3 or 4 people with relevant expertise will be responsible for judging entries.

The entries will be judged according to the following criteria:

The entry that earns the highest overall score in each category will win. The decisions of the judges will be final. In the event of a tie, judges will deliberate to determine the winner and may decide to split the prize between two parties. Judging will take place during January 2018 with the winner announced at the end of January 2018. Each Participant or team should be available via email during the judging period in case of any questions.

The judging period may be extended by Sponsor for any length of time, at Sponsor’s discretion. If a judge or Participant identifies to Sponsor a conflict of interest, that judge will be recused from judging the entry with the conflict and an alternate judge will be identified as a substitution for the judge with the conflict. Each entry must be original, of the Participant’s or Participant team’s own creation and must not have been entered in any other competition or program similar to the Code Afloat Competition, including other competitions conducted by Sponsor.

Entries may be subject to a due diligence review at any time for eligibility and compliance with these Terms. Determination of eligibility and compliance is at the sole discretion of Sponsor. Sponsor reserve the right to disqualify any entry if the entry or a Participant or a Participant’s team does not comply with these Terms.

Ownership of entries:

Participant represents and warrants that the entry is and will be Participant’s own original work and does not and will not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third-party patents, copyrights or trademarks. Participant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against the Sponsor, or any other person, on the grounds that any use of a Participant’s entry, infringes any of Participant’s rights as creator of the entry, including, without limitation, trademark rights, copyrights and moral rights or “droit moral.”

Participants will not receive any compensation from Sponsor’ in connection with any entries. Each Participant acknowledges and agrees that Sponsor or other Participants or third parties may have developed or commissioned works which are similar to the entry of Participant or Participant’s team, or may develop something similar in the future, and each Participant waives any claims that Participant may have resulting from any similarities to the entry of Participant or Participant’s team.

For any application submitted for the Best App award, ownership and future rights will rest with the Participant. For the Best Idea Awards, the Sponsor reserves the right to develop the idea to a working application, product or incorporation into a system. No further payment, royalty or dues will be payable by the Sponsor or any developer of the idea unless agreed in advance.

Publicity:

Except where prohibited, by participating in the Code Afloat Competition, Participants consent to the use of his/her (or company) name, photo and/or likeness, biographical information, entry and statements attributed to Participant (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’ newsletters, Sponsor’ websites and any of the Sponsor’ social media accounts or outlets without additional compensation.

Indemnity:

You agree to release, indemnify, defend and hold Sponsor and their parents, judges, affiliates, subsidiaries, directors, officers, employees, Sponsor and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Code Afloat Competition, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Code Afloat Competition or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Sponsor’ control that may cause the Code Afloat Competition to be disrupted or corrupted; (ii) any claim than an entry infringes third party intellectual property or proprietary rights; (iii) any disputes among team members, (iv) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Code Afloat Competition; (v) any printing or typographical errors in any materials associated with the Code Afloat Competition; technical errors that may impair your ability to participate in the Code Afloat Competition; or (vi) errors in the administration of the Code Afloat Competition.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

General:

The Code Afloat Competition is subject to federal, state, and local laws and regulations. The Code Afloat Competition is offered by Sponsor, who are not responsible for (i) late, lost, damaged, incomplete, or misdirected entries, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entries; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

Sponsor reserves the right, at their sole discretion, to cancel, modify or suspend the Code Afloat Competition in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Code Afloat Competition is compromised, without liability to the Participants. Sponsor reserve the right to disqualify any Participant, as determined by Sponsor, in their sole discretion. These Terms are governed by the law of the State of New York, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Code Afloat Competition or the Terms must be brought in either the federal or state courts located in the New York, New York. Sponsor’ failure to enforce any term of these Terms shall not constitute a waiver of that provision.

Winner’s List:

A list of winners will be published on the Code Afloat website or you can request a list by sending an email message to sales@digitalyachtamerica.com