Eligibility: The 2016 DJI Developer Challenge (the “Contest”) is open only to entrants 18 years of age or older and who are legally permitted to enter the Contest. Employees of DJI or other companies associated with the promotion, execution or support of the Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited by law.
Organizer and Sponsors: The Contest is organized by SZ DJI Technology Co., Ltd. with a principal place of business in Shenzhen, People’s Republic of China (“DJI” or “Organizer”). The Contest is sponsored by DJI, Ford Global Technologies, LLC with a principle place of business in Michigan, United States of America (“Ford”), and United Nations Development Programme, Bangkok Regional Hub (“UNDP,” and collectively with DJI and Ford as “Sponsors”).
Agreement to the Terms: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Terms and Conditions (“Terms”), subsequent amendments thereof, and the decisions of DJI, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Entry Period: The Contest consists of three rounds of submission of work product (“Submission”) by participating teams, with the first round beginning at 12:00 AM, January 11, 2016, Pacific Standard Time (“PST”) and last round ending at 11:59 PM, July 11, 2016, Pacific Daylight Time (“PDT”) (the “Entry Period”), and a final submission of work product (“Final Submission”) at the finals of the Contest (“Finals”) on or about August 27 to 28, 2016. The exact timeline and requirements for each Submission are described in the Official Rules of the Contest (“Official Rules”) which will be available at the website developer.dji.com/challenge2016 (the “Website”). Teams are responsible for ensuring their respective Submissions to comply with the Official Rules. Noncompliance will lead to disqualification from the Contest. Following each round of Submission, the Organizer will announce a specific number of teams qualifying for the next round, and only qualifying teams may continue competition in the next round.
How to Enter: Entrants must form a team to participate in the Contest. Each team may consist of five (5) or fewer entrants (hereinafter “members” or “team members”). Since the beginning of the Entry Period and only during the first round of Submission, each team shall visit the Website to submit an initial development proposal using the latest version of DJI SDK and fill in the team information necessary for gaining entry to the Contest. Team members must be either (1) full-time undergraduate or graduate students at colleges or universities; (2) independent developers; or (3) individuals associated with or sponsored by non-academic organizations (such as companies, corporations, partnerships, etc.).
Each team is responsible for its own members’ expenses on transportation and accommodation when participating in the Contest. Other than the monetary prize awarded to the Winning Team, the Organizer and the Sponsors will not reimburse, or otherwise compensate the participating teams for any of their expenses incurred for the Contest.
Following each round of Submission, qualifying teams will have an opportunity to receive from DJI aircrafts (including Matrice 100) and other materials (including Manifold, Guidance and X3) (collectively the “DJI Materials”) for participating in the subsequent rounds of the Contest. Additional specifications and details may be provided during the Contest. Information regarding the SDK can be accessed at http://developer.dji.com/ .
Use Requirements and Return of DJI Materials: You understand that the DJI Materials are provided to you solely in order for you to develop, complete, and submit your Submission for consideration in the Contest and for no other purpose. Accordingly, you must use your good faith best efforts to develop, complete, and submit your Submission. DJI may request the return of the DJI Materials provided to you at any time and for any reason, including but not limited to your failure to comply with this Section 6. You shall promptly comply with Such request.
Without limiting the generality of the foregoing, you may not use the SDK or related documentation except as permitted in the End User License Agreement and any additional terms and conditions that DJI provides pursuant to the End User License Agreement. Without limiting the foregoing, you may not use the SDK or related documentation for operating your or your employer's business, developing applications other than applications for ongoing use, or providing services to others. Except with DJI’s prior written consent, you may not: (a) alter, modify or create any derivative works of the SDK, the underlying source code, or the related documentation in any way, including without limitation customization, translation or localization; (b) port, reverse compile, reverse assemble, reverse engineer, or otherwise attempt to separate any of the components of the SDK or derive the source code for the SDK (except to the extent applicable laws specifically prohibit such restriction); (c) copy, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the SDK or related documentation; (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the SDK or related documentation; (e) block, disable, or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the SDK; or (f) load any part of the SDK onto any hardware device except a DJI product, combine any part of the SDK with other software, or distribute any software or device incorporating a part of the SDK. You may not release the results of any performance or functional evaluation of any of the SDK to any third-party without prior written approval of DJI for each such release. You may not cause or permit any third-party to do any of the foregoing.
Requirements for Submissions: Requirements for all Submissions are described in the Official Rules on the Website. Additionally, all Submissions must represent the original work of the entrant(s) and must not violate any laws or social/moral norms. Submissions should be innovative, functional, and make effective use of advanced technologies. They should be designed with user experience, interface design, and commercial value in mind. Any late Submissions not in compliance with the Official Rules will be automatically disqualified from the Contest.
Submissions may not contain any trademarked or copyrighted elements other than elements owned by the entrant. Any elements that appear in the Submission, including, without limitation, images, music, audio, speech, software code (in source or object code format) or other materials used must be entirely original, created, and performed by the entrant, or be in the public domain. Use of any elements that are not original or in the public domain will result in disqualification of a Submission, in DJI’s sole discretion.
Rights to Entries: Each entrant will retain ownership rights and intellectual property rights in its respective Submission. Such rights include, but not limited to, the rights to patents and patent applications,trademarks and trademark registrations, and copyrights and copyright registrations.
Each entrant hereby acknowledges and agrees that DJI engages, has engaged, and will in the future engage, in the development, preparation, production, acquisition and dissemination of inventions, ideas, and materials related thereto (collectively, the “Inventions”), including but not limited to Inventions that are or may be similar or identical to a Submission. Each entrant further acknowledges and agrees that other persons, including employees of DJI, may previously have originated and may hereafter originate Inventions that are similar or identical to a Submission. Entrants agree that they will not be entitled to any compensation because of the use by DJI of any such Inventions, regardless whether their Submissions have obtained intellectual property rights that would otherwise exclude such use. Without limiting the foregoing and for purposes of clarity, DJI may use, without any payment or other obligation of any kind whatsoever to any entrant, any part of the Inventions, and any idea or concept contained therein, that (a) is similar or identical to, or contains significant elements encompassed in, a concept that is under consideration or in development by DJI before or at the time of entry; (b) is not unique, novel, original, and concrete so as to be entitled to protection under applicable laws; (c) has been made public by anyone at the time of its submission to DJI or otherwise is in the public domain; (d) would be freely usable by a third person if it had not been accepted as a Submission or the subject of any agreement; (e) is not protected by applicable intellectual property law; or (f) is similar or identical to, or contains significant elements encompassed in, an idea, concept or material that is independently created by DJI or any third-party.
Entrants agree that DJI’s development, preparation, production, acquisition, dissemination and/or exploitation of Inventions similar or identical to a Submission or containing features, ideas, material or elements similar to or identical with those contained in a Submission shall not entitle any entrant or team to any compensation or other right or remedy. As an inducement to DJI to accept each Submission for entry into the contest, entrants hereby waive any claim or right of action against DJI or its successors in connection with DJI’s use of any Inventions (or any portions thereof) whether or not such Inventions are similar or identical to a Submission or contain any features, ideas, material and/or elements that are similar or identical to those contained in a Submission. Acceptance by DJI of a Submission is not an admission by DJI of the novelty or originality of the Submission.
Selection of Winning Team: In the Contest Finals, the Final Submissions will be judged by a panel of judges according to the Judging Criteria in the Official Rules. One and only one team will be selected as the winning team (“Winning Team”). Each member of a Winning Team, along with all Submissions, is subject to validation by DJI and/or the judging organization, whose decisions are final and binding in all respects.
Requirements of Winner: Each entrant and each member of a Winning Team (“Winner”) may be required to sign and return, when requested, an affidavit of eligibility, a prize/publicity release, and an assignment of rights to a Submission, if applicable and not prohibited by laws and regulations. Winning Team or its designated representative must be present to accept the prize or the prize will be forfeited. In case of forfeiture by the Winning Team, an alternate team will be selected in its place according to the Judging Criteria.
Winning Prize: The Winning Team will receive a monetary award in the amount of USD 100,000 (One Hundread Thousand U.S. Dollars).
Any prize details not specified above (if any) will be determined by DJI in its sole discretion. The winning prize is not transferable or refundable and must be accepted as awarded. The winning prize will be paid in U.S. dollars. The winning prize may be reported as income to a Winner and the Winner will be responsible for all taxes associated with the receipt of a prize.
The winning prize or any prize components will be awarded to the winning team as a whole and not to each individual Winner. DJI is not responsible for any disputes among Winners concerning prize or prize components.
Further Collaboration: DJI reserves the right to enter into discussions and negotiations regarding collaboration beyond the p Contest with any of the entrants, and each entrant agrees that any request by DJI to enter into such a discussion or negotiation will be reasonably considered in good faith.
General Conditions: If the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, DJI may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Terms; or (b) award the prize according to the Judging Criteria from among the eligible Submissions received up to the time of the impairment. DJI reserves the right in its sole discretion to disqualify any individual it reasonably believes is tampering or has tampered with the submission process or the operation of the Contest or to be acting in violation of these Terms or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, DJI reserves the right to seek damages from any such person to the fullest extent permitted by law. DJI’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
Release and Limitations of Liability: By participating in the Contest, entrants agree to release and hold harmless DJI, its parent and related companies, and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Governing Law and Dispute Resolution. These Terms are governed by the laws of Hong Kong, except for its choice of law rules. Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law, excluding its conflict of law provisions. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3) in accordance with such rules. The arbitration proceedings shall be conducted in English. Any awards of shall be final and binding upon the applicable parties.
Contest Results: The Winning Team may be announced at the end of the Finals or by a DJI press release and/or social media channels. The Winning Team or any member thereof may also be asked to participate in media interviews. The Winning Team will also be posted at http://developer.dji.com on or about August 28, 2016, available for a period of at least ten (10) days.
Amendments: DJI reserves the right to change, amend, suspend, remove, or supplement all or part of these Terms at any time during the Contest. DJI will make reasonable efforts, but provides no guarantee, to notify entrants who are still participating in the Contest as to such updates to the Terms. Participating teams shall have the sole responsibility to regularly check the Website for any update to the Terms.