Adobe^® AIR^® App Challenge, Sponsored by Sony

Official rules

The Adobe® AIR® App Challenge, Sponsored by Sony (the "Contest") is being administered by NCC s.a.r.l. with offices at 25 Cours Honore d’Estienne d’Orves, 13001 Marseille France (the "Organizer"), on behalf of Adobe Systems Incorporated located at 345 Parke Ave. San Jose, CA 95110 and Sony Corporation located at 7-1 Konan 1-chome, Minato-ku, Tokyo 108-0075, (both herein referred to as "Sponsor" or "Sponsors"). The Contest is open to all individuals age 18 years or older and legal entities either residing in or registered one of the following countries: Germany, Japan, Italy, Spain, the United Kingdom and the United States. Participation in the Contest constitutes each participant’s full and unconditional agreement to and acceptance of these Official Rules. No purchase is necessary to enter or win. A purchase or payment will not increase chances of winning.

1. Timing

Contest begins on July 13, 2011, and ends on November 17, 2011 with the announcement of winners. All entries must be received by Organizer no later than 11:59 PM on September 16, 2011 for consideration as part of the Adobe MAX Showcase Competition (the “Promotion”), at which time those entries will be judged for the opportunity to win admission to Adobe MAX, paid travel, and $10,000USD (SEE “PROMOTION” SECTION BELOW FOR DETAILS). The Promotions is separate from the Contest. The final date for submission of entries for the Contest is October 10, 2011. Upon receipt, each entry will be judged in accordance with the criteria set forth herein and a determination will be made at that time if the entry is qualified to proceed to Phase II of the Contest (the “Finalists”). The Finalists at that time will be required to sign documentation as described herein to obtain Devices (as defined below) in order to proceed to Phase II of the Contest. The Organizer and Sponsors reserve the right to select only those entries that best meet the qualifications at Phase II of the Contest. The Finalists will be required to submit the final entry for Phase II of the Contest no later than 11:59 PM PST on November 11, 2011 both to the Android Market and to the Contest submission website. Sponsors reserve the right to extend the Contest deadline without formal notice.

2. Eligibility

The Contest is open to all individuals age 18 years or older and legal entities either residing in or registered one of the following countries: Germany, Japan, Italy, Spain, the United Kingdom and the United States. Employees, officers, and directors of Sponsors and Organizer; its affiliates, subsidiaries, and legal advisors; the judging panel; and the immediate family members and persons living in the same household of such persons are not eligible to participate in the Contest. All federal, state, provincial, autonomous region, and local laws and regulations apply.
Note regarding group entries: For group entries, everyone who worked on the entry must be listed on the entry form and must meet these eligibility requirements. One of these people must be designated on the entry form as lead team member. Once a group has entered, the group may not add, remove or substitute members or otherwise change the composition of the group for the duration of the Contest. If any single group member does not comply with these Official Rules or is disqualified, the group entry as a whole will be disqualified.
Note regarding business entries: For entrants which are business organizations, the entering participant represents and warrants to the Organizer and Sponsors that (i) the appropriately authorized corporate officers, executives or managers have approved the participant’s entry into the Contest, and (ii) participant understands on behalf of its business organization that these Official Rules are binding on both the participant and the business organization. For the avoidance of doubt, should such business organizations consist of several participants, the abovementioned conditions for group entries shall be applied as well. The Organizer or Sponsors may verify eligibility and adjudicate on any dispute at any time.

3. Categories and Judging

Each entry must meet the requirements as specified below in Section 4. Any nonconforming entries will be disqualified. Altered, defaced, mutilated, illegible, or incomplete entries are not eligible and will result in disqualification. Entries that contain any content that is pornographic in nature, lewd, or sexually explicit, in Sponsor’s sole discretion, will be disqualified. After each entry is screened for compliance with the entry requirements, it will be judged by a panel of judges selected by the Sponsors and Organizer (the “Judges”). The Judges’ decisions are final and binding. Judges retain the right to reclassify entries of a participant from one category to another, at its sole discretion.

3.1 Judging Phases

Phase I: : Those Finalists that want to be considered for the Adobe MAX Showcase competition as set forth below and receive promotion of the entry at Adobe MAX must submit the entry by September 16, 2011. Any entries after September 16, 2011 will not be eligible for the Adobe MAX Showcase. All Phase I Challenge submissions must be received no later than October 10, 2011.

Judging for finalist status will take place with on a biweekly basis, at which time participant will be notified of Finalist status. Upon receipt of notification, Finalist will have two (2) days to sign and return a nondisclosure and product loan agreement with Sony and become a member of Adobe PreRelease Program in order to receive the following for building and testing the final application for Phase II of the Contest:

• One (1) Sony Tablet^TM P Prototype*;
• One (1) Sony Tablet^TM S Prototype*;
• Prerelease access to the latest Adobe AIR Runtime and SWC-based ActionScript Library for Sony Tablet^TM P dual-screen detection with accompanying documentation; and
• Extended Trial serial numbers for Flash Professional CS5.5 (valid for 6 months) and Flash Builder 4.5 (valid until February 28, 2012).
*Devices will only be shipped to valid addresses in Germany, Japan, Italy, Spain, the United Kingdom, and the United States. The Devices must be returned to Sony no later than the date specified within the product loan agreement. Each finalist will have access to the Devices for approximately four (4) weeks to prepare the entry for Phase II of the Contest depending on how quickly the requisite documents are signed and returned to Sony.

Phase II: All Finalists must upload their final app entry to the Android Market and the Contest submission website to be considered for Phase II judging by 11:59 PM PST on November 11, 2011. Judges will select the Grand Prize Winner, Best Entertainment App, Best Game App, Best Lifestyle & Community App, Best Business & Productivity App, and Most Innovative App prizes from the Finalist Phase II entries between November 12 – 17, 2011.

The Finalists have the option to enter a demo or beta working version of their app by September 16, 2011 into another contest, the "MAX Showcase Apps" (the "Promotion"). Of the Promotion entries received by September 16, 2011, Judges will select at the most 10 apps each to receive one (1) non-transferable full MAX conference pass (value of $1,495) including round trip airfare to Los Angeles, CA up to a maximum of $1,000 and (4) night accommodations in a hotel designated by Sponsor at its sole discretion from October 1-5, 2011 (value of $890), promotion of app on the Select App website - accessed through shortcut icon on Sony Tablet ^TM homescreen, promotion at MAX via demo or display at the Adobe AIR App Challenge, Sponsored by Sony booth and/or sessions, and will also automatically be entered to the MAX Public Favorite vote.

Judging by the Adobe MAX 2011 attendees and anyone with a valid email address to select the Adobe MAX Public Favorite Award from the promotion entries will take place during the Adobe MAX conference from 12:01am PST October 1, 2011 until 6:00pm PST October 4, 2011.

3.2 Judging Criteria for Contest and Promotion

The entries, whether submitted by an individual or a group, shall be judged together in each category based on quality and performance on Sony Tablet^TM S and Sony Tablet^TM P, innovation and creativity, and overall user experience.

3.3 Category Descriptions

BEST ENTERTAINMENT APP – Video, music, photos, camera, sports applications.
BEST LIFESTYLE & COMMUNITY APP – Travel, food, fashion, home, news, publications, mobile communications, social networking applications.
BEST GAME APP – Social games, strategy games, puzzle games, casual action games.
BEST BUSINESS & PRODUCTIVITY APP – Utilities, workflow tracking, business communications, finance or other applications that make people or business more productive.
MOST INNOVATIVE APP – Any application that falls outside the above category descriptions and shows great innovation, originality or creativity.

4. How to Enter

Application entry forms are exclusively available from the Contest entry web page at www.airappchallenge.com Complete the entry form online in its entirety in the English language. Each entry must include the following:

For Phase I, a completed web application form at www.airappchallenge.com, which includes:

• Name of the app
• A short description of the app
• Why it should win
• Tools used or that will be used to build the AIR App
• Category you wish to compete for
• Indication of whether the application is currently in development, an existing Adobe AIR app or an app developed using a native platform (iOS, Android, etc) that the developer plans to redevelop using Adobe AIR.
• If the app is an existing Adobe AIR app or an app developed using a native platform, a link to the app on Android/iTunes/other marketplace and/or 3 pictures and a video. Additional materials such as powerpoint can be provided if it will help the jury to better assess the submission.
• If the app is in the process of being developed as a new AIR app, an App Project Plan (pdf, ppt or doc) with description and scope of AIR app project, Customer & value proposition, Target geos/devices, Key Milestones defining what will be delivered on what devices with accompanying dates including estimated completion date and dates when judges will have prototypes to look at, How app will be optimized for Sony Tablet^TM P dual-screen layout, Existing or new marketing channels, Plan to distribute and monetize (e.g. free/paid, target app stores/distribution channels), Detailed company information including history, team, list of key past projects or clients. Plus any materials such as mockups, UI comps or images, wireframes, graphical layouts, flowcharts, early builds, or anything that will help the jury to better assess the submission. The Phase I entry should be complete enough to illustrate the concept.
• You must provide English translations for any non-English materials submitted for judges to evaluate.

• For Phase II, an original application within one of the 5 categories defined in Section 3.3 above that can run as a standalone application using Adobe AIR™ software. The work must be created using Adobe Flash Builder, Adobe Flash Professional and/or Flex SDK software. Finalists will be required to optimize their entry so that their application works on a Sony Tablet^TM S and Sony Tablet^TM P device as a demo, pilot, or finished product by being: Android 3.1 or later (Honeycomb) compatible; optimized for Sony Tablet^TM P using SWC-based ActionScript Library; and Sony Tablet^TM S compatible. Submit the Phase II entry to Organizer by uploading your app into your existing Phase I account at www.airappchallenge.com and submitting your app to Android Market. You must provide English translations for any non-English app submitted for judges to evaluate.

• Any entry not complying with the above entry requirements will be disqualified. Organizer and Sponsors accept no responsibility for entries that are lost or damaged in transit. Sponsors shall use reasonable care to prevent any loss or damage to entries received by Sponsors; however, Sponsors shall not be liable for direct, indirect, or consequential loss that results from the loss or damage to any entry, unless prohibited by law. Sponsors' liability shall be limited to the lesser of (a) the value of the media on which the entry was contained or (b) US$50.00.

• Sponsors are not responsible for any claims or disputes between participants or participants and other third parties regarding ownership of the Contest entry or the content therein. Organizer or Sponsors may disqualify any individual participant without recourse and in its sole discretion if any such claim or dispute arises.

5. Copyright Ownership

By submitting an entry by a sole participant to the Contest, participant represents and warrants that participant is the sole designer, creator, and owner of the Contest entry, including all visual and auditory components, or has permission to use copyrighted components, and further warrants that the Contest entry does not contain information considered by participant's place of business or any other third party to be confidential. By submitting an entry by a group of participants to the Contest, the participants warrant that they jointly designed, created, and own the Contest entry or have permission to use copyrighted components, and further warrant that the Contest entry does not contain information considered by participants’ place of business or any other third party to be confidential. All intellectual property rights of the participant in and to the Contest entry will remain vested with the participant. Notwithstanding the foregoing, each Participant acknowledges and agrees that entering the Contest will not serve to impair the right of either Sponsor to develop, make, use, procure and/or market products or services now or in the future that may be competitive with those offered by Participant.

6. Prizes

Each category winner will receive a prize as described below and there will be one (1) overall grand prize selected as the “best overall” winner. All prizes are contingent on the participant’s compliance with these Official Rules.

GRAND PRIZE winning entry will receive one cash prize of $100,000 USD and the opportunity to have the application promoted by Sony on Sony Tablet^TM S and Sony Tablet^TM P on the Select App website, subject to the winner entering into a Promotion Agreement acceptable to Sony.

The winning entry in each of the BEST GAME APP, BEST ENTERTAINMENT APP, BEST BUSINESS & PRODUCTIVITY APP, BEST LIFE & COMMUNITY APP categories will receive one cash prize of $20,000 USD and the opportunity to have the application promoted by Sony on Sony Tablet^TM S and Sony Tablet^TM P, subject to each winner entering into a Promotion Agreement acceptable to Sony.

The winning entry selected in the MOST INNOVATIVE APP category will receive one cash prize of $10,000 USD and the opportunity to have the application promoted by Sony on the Select App website on Sony Tablet^TM S and Sony Tablet^TM P on the Select App website, subject to the winner entering into a Promotion Agreement with Sony.

Participants who are potential prize recipients must submit all documentation requested by Organizer or Sponsors to permit Organizer or Sponsors to comply with all applicable tax reporting requirements in the United States and other countries. Failure to submit required documentation may result in forfeiture of the prize and Organizer and Sponsors may, in their sole discretion, select an alternative prize recipient. All taxes imposed on the prize, other than those Organizer or Sponsor may be required under applicable law to withhold, are the sole responsibility of the prize recipient.

7. Finalist and Winner Notification

Finalists will be notified by courier, e-mail, or telephone and will have two (2) days from receipt of notification to acknowledge Finalist status and confirm shipping address and provide operating system used for development, if Finalist wishes to receive extended trial serial numbers for Flash Professional CS5.5 and/or Flash Builder 4.5. Sponsors and Organizer are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify Finalists or winners. If a selected Finalist or winner cannot be contacted, is ineligible, fails to acknowledge status, or fails to comply with any term or condition of these Official Rules, a prize may be forfeited (in case of a winner) and an alternate Finalist/winner may be selected. Finalists will be required to sign and return a nondisclosure agreement and product loan agreement with Sony and become a member of the Adobe PreRelease Program within two (2) days of receipt of notification. Winners will be required to sign a liability release, declaration of eligibility, and, where lawful, a publicity consent agreement, all within ten (10) days of receipt by winner as a condition of receiving any prize.

8. General Terms and Conditions

Sponsors (including affiliates) and Organizer, and their respective directors, officers, employees, agents, contractors, distributors, dealers, customers and end-users, are not responsible for and shall not be liable for: (i) lost, late, delayed, damaged, incomplete, illegible, unintelligible, or misdirected entries; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) failed, incomplete, partial, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond the control of Sponsors and/or Organizer that may cause the Contest to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of a prize, or acceptance, possession, or use of a prize, or from participation in the Contest; (vi) any printing or typographical errors in any materials associated with the Contest (not applicable in Spain); (vii) or any regional, state, autonomous, or local laws or regulations violated during the creation of the entries by the participant(s). Sponsors and Organizer reserves the right to suspend, cancel, or modify the Contest if fraud or technical failure corrupts the administration, security, or proper play of the Contest, as determined by Sponsors and Organizer in their sole discretion. Each participant agrees to release and hold Sponsors (including affiliates) and Organizer, and their respective directors, officers, employees, agents, contractors, distributors, dealers, customers and end-users, harmless from any and all losses, damages, rights, claims, and actions of any kind in connection with the Contest 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. The preceding release of liability applies only to ordinary or minor negligence caused by Sponsors and/or Organizer against participants residing in Spain. Each participant agrees that Sponsors’ and Organizer’s only obligation is to submit entries from eligible participant to the Judges according to the procedures and criteria set forth in these Official Rules and to award the prizes set forth herein to winners, subject to the terms and conditions herein. Participant agrees that Sponsors’ and Organizer’s obligation is fair and adequate consideration for any entry submitted, and that participant is not entitled to and shall not seek any further compensation.

Each participant agrees that by submitting an entry, he or she allows the use of his or her personal data, name, likeness, and/or voice in publicity or advertising relating to the Contest without compensation. Except for issues affecting participants residing in Spain, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participant and Sponsors and/or Organizer in connection with the Contest, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. Where permitted by law, participant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, other than the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California (San Jose Division) or the appropriate California State Court located in Santa Clara County, California.

9. Privacy

The Organizer and the Sponsors may use any personal data (for example, name, address, telephone number or e-mail address) transmitted by the Participant by electronic mail, the Entry form, or otherwise in accordance with the Privacy Policy.
The Participant understands and agrees that the Organizer will treat any communication or material he/she transmits, such as questions, comments, suggestions or the like, as non-confidential and nonproprietary.

Winners List

A Winners list will be posted on www.airappchallenge.com on November 17, 2011

MAX SHOWCASE Apps Promotion Prizes

The opportunity to have the application promoted by Sony on the Select App website on Sony Tablet^TM S and Sony Tablet^TM P, subject to the winner entering into a Promotion Agreement acceptable to Sony.

One (1) non-transferable Adobe MAX full conference pass (value of $1,495USD) to attend MAX. Travel, accommodation, and other expenses at MAX will be at participants’ own expense

Round trip airfare to Los Angeles, CA up to a maximum of $1,000 and (4) night accommodations in a hotel designated by Sponsor at its sole discretion from October 1-5, 2011 (value of $890),

Prominent promotion at Adobe MAX via demo or display in the Adobe AIR App Challenge, Sponsored by Sony booth and/or sessions. MAX Showcase Apps Promotion Prize recipients are expected to attend MAX from October 1-5, 2011 and be prepared to present or demo their app from October 3-5, 2011.

Eligible to win the MAX Public Favorite prize (automatically entered to MAX Public Favorite vote)

Winner Announced: October 5, 2011 at www.airappchallenge.com

Of the Promotion entries received by September 16, 2011, Judges will select at the most 10 apps each to receive one (1) non-transferable full MAX conference pass (value of $1,495USD) including round trip airfare to Los Angeles, CA up to a maximum of $1,000 USD and (4) night accommodations in a hotel designated by Sponsor at its sole discretion from October 1-5 (value of $890USD), promotion of app on the Select App website on Sony Tablet (subject to the winner entering into a Promotion Agreement acceptable to Sony), promotion at MAX via demo or display at the "Adobe AIR App Challenge, Sponsored by Sony" booth and/or sessions, and will also automatically be entered to the MAX Public Favorite vote.

Judging by the Adobe MAX 2011 attendees and anyone with a valid email address to select the Adobe MAX Public Favorite Award from the promotion entries will take place during the Adobe MAX conference from 12:01am PST October 1, 2011 until 6:00pm PST October 4, 2011.

MAX PUBLIC FAVORITE Prizes

One (1) winner will receive $10,000USD.

Judging Dates:

• Anyone can vote, limit one vote per valid email address
• Votes open 12:01am PST Oct 1, 2011 and close 6:00pm PST Oct 4, 2011
• Voting done online at www.airappchallenge.com

• Requires registering with name and password (to verify email address and avoid duplicate votes by same person).