1.Information on how to apply form part of these terms and conditions.
2.Applications are only open to Australian residents aged 18 years or over who are amateur or professional smartphone application developers, and own or have access to a computer/PC/laptop and a smartphone. Application Process
3.Applications will be accepted from 9am (EDST) on Thursday 2 August 2012 and must be received by 9am (EDST) on Monday 17 September, 2012 (“Application Period”).
4.To apply, applicants must, during the Application Period, complete the online application form located at vodafone.com.au/appaid and include contact details (such as name, email address, and contact number), and answer questions in relation to the applicant’s skills and previous experience in relation to developing smartphone applications, and why the applicant wants to participate in the Vodafone Foundation App Aid event (“Event”). An application is deemed to be received at the time of its receipt by VHA and not at the time of transmission by the applicant.
5.Once submitted, applications cannot be altered. By applying, it is deemed that the applicants have read, understood and agreed to abide by these terms and conditions. Only one application permitted per person.
6.Any costs associated with submitting the application are the applicant’s responsibility.
7.VHA reserves the right to verify the validity of an application (including an applicant’s identity, age and address) and to disqualify any applicant who submits an application that is not in accordance with these terms and conditions, who tampers in any way with an application or the application process or who submits an application that VHA, in its sole discretion, deems to be offensive, inappropriate, defamatory or otherwise not in keeping with the spirit of the promotion. Failure by VHA to enforce any of its rights at any stage does not constitute a waiver of those rights.
8.VHA will select, in its sole discretion, up to 40 successful applicants to participate in the Event based on skills, experience and willingness to provide these skills for a good cause. Chance plays no part in the determination of the successful applicants.
9. Successful applicants will be notified by email on Monday 17 September 2012 to confirm if they are selected to attend the Event or if they have not been successful. Applicants may also be required to participate in a telephone interview with a nominated representative of VHA on Monday 17 September 2012. VHA’s decision is final and no correspondence will be entered into.
10.The successful applicants will be placed in teams of up to 4 and allocated to one of 10 charities participating in the Event (collectively, “Charities”). Each team will be made up of up to 4 successful applicants and 3 nominated members of the Charity (“App Aid Team”).
11.The Event will be held at the VHA Premises. App Aid Teams are responsible for all costs of travelling to and from the Event (including any accommodation).
12.The Event Briefing Session commences from 12pm (EDST) on Thursday 20 September 2012 and ends at 2pm (EDST) on Thursday 20 September 2012 (“Event Briefing”)The Event commences from 2pm (EDST) on Thursday 20 September 2012 and ends at 2pm (EDST) on Saturday 22 September 2012 (“Event Period”). The Event Presentations commence from 2pm (EDST) on Saturday 22 September 2012 and ends at approximately 6pm (EDST) on Saturday 22 September 2012 (“Event Presentations”).
13.App Aid Teams must, during the Event Period, work together to build a prototype smartphone application for smartphones running platforms including but not limited to iOS, Android, Windows Phone, Blackberry, Symbian, HTML5 (“Smartphone App”) to support the Charity’s requirements including the Charity’s target Smartphone App users (“Users”). App Aid Teams must also create a marketing plan for the Smartphone App detailing how the Smartphone App will be advertised over a six month period to encourage the Australian public to download the Smartphone App.
14.Each successful applicant must sign an intellectual property assignment deed prior to the Event which specifies that each Smartphone App submitted as part of the Event becomes the property of the associated Charity. A successful applicant may not participate in the Event if the successful applicant does not sign the intellectual property assignment deed.
15.App Aid Teams will not be required to remain at the Event for the entire Event Period, however are expected to complete all work on the Smartphone Apps at the Event and be present for the Event Briefing and during the Event Presentations.
16.App Aid Team members must bring a computer/PC/laptop loaded with any software and/or tools required to develop the Smartphone App, monitor (if required by the App Aid Team), headphones (if required by the App Aid Team).
17.VHA will provide the App Aid Teams with the following during the Event Period:a.Internet connection;b.Electricity and power points;c.Hot and cold food and non-alcoholic beverages;d.Whiteboard/flipcharts and pens for brainstorming;e.Handsets for testing and demonstration purposes VHA may impose all necessary conditions and restrictions in respect of the use of any Vodafone equipment.
Smartphone App Requirements
18.Smartphone Apps created for the Event during the Event Period must adhere to the following requirements: a.Technical Considerationsi.The Smartphone App should be innovative and should not be a clone or close copy of anything else. ii.The Smartphone App does not need to be available through any app marketplace at the time of judging. iii.The Smartphone App should leverage hardware features of the smartphone platform, including but not limited to location features, screen orientation, accelerometer, camera, audio recording. iv.The Smartphone App must not be solely dependent on one networking technology, for example it must not only work on a Wi-Fi connection. v.The Smartphone Apps may be developed using either a cross-platform technology (including but not limited to HTML5 or PhoneGap) or may be built to run natively on any smartphone platform (including but not limited to iOS, Android, Windows Phone). b.Smartphone App Platform Requirements i.The development approach chosen for the Smartphone App should clearly demonstrate that the development approach is most appropriate for the business problem at hand:1.If a cross-platform approach (such as HTML5 or PhoneGap) is chosen, this choice should not be to the detriment of the User experience or to the availability of the Smartphone App.2.If a single-platform native approach is chosen, the development approach should demonstrate that there is a significant reason (as determined in VHA’s sole discretion) for doing so. ii.The Smartphone App should be capable of doing everything it needs to do, without a heavy reliance (as determined in VHA’s sole discretion) on a supporting website. The Smartphone App must be the primary channel for the User to interact with the Charity, not as an adjunct to a website. Online databases and authentication mechanisms are exempt from this sub-clause. c.Smartphone App User Interface i.The design of the user interface must be appropriate for the Users and should include device hardware features if appropriate.ii.Any visual design should be of a high quality and be appropriate and compelling for the Users (as determined in VHA’s sole discretion). The design should also meet the Charity’s design requirements. iii.Clever user interface design taking the hardware functionality into account, including but not limited to shaking, waving, gestures, and talking is encouraged.
Presentation/Demonstration of Smartphone App
19.At the conclusion of the Event Period, each App Aid Team must participate in a 10 minute presentation which includes a demonstration of the Smartphone App prototype, a marketing plan detailing how the Smartphone App once developed beyond a prototype will be promoted by the Charity, and answer any questions from the judging panel.
20.The 10 minute presentation must demonstrate the following:a.The value the Smartphone App will add to the Charity and the community the Charity supports;b.A highly engaging Smartphone App that encourages regular, repeat use by its Users;c.Innovation and uniqueness of the Smartphone App (e.g. the Smartphone App is not currently replicated in any app marketplace);d.Clever user interface design, taking the smartphone’s hardware functionality into account – for example including (but not limited to) the use of shaking, waving, gestures, talking; e.Marketing Plan detailing how the Smartphone App, once developed beyond a prototype, will be promoted through the Charity.
21.A judging panel will select the two successful Smartphone App prototypes in 1st and 2nd place.
22.Each App Developer associated with the successful smartphone app prototype chosen in 1st place will receive a Samsung Galaxy S III (RRP $799) from VHA.The prize is a device only. The device is locked to the Vodafone network – a fee applies to unlock. The prize does not include, and the winner is responsible for, making a connection with a service provider and for payment of all associated access, call and other charges.
23.No prize is transferable, exchangeable or redeemable for cash. The stated prize value is the recommended retail value (including GST) in Australia as provided by the supplier and is correct at the time of printing. VHA accepts no responsibility for any variation in the value of the prize.
24.Each App Developer part of the successful App Aid Team may be required, and must agree, to attend and participate in internal and external publicity activities and media (including but not limited to television, radio and print) interview(s) as required by VHA and or the Vodafone Foundation for 12 months from the date of the Event.
25.Each App Developer part of the successful App Aid Team consents to VHA and/or the Vodafone Foundation using the App Aid Team member’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting the Vodafone Foundation App Aid campaign.
26.App Developers may be required to sign an agreement with the associated Charity to continue development of the Smartphone App following the Event. Neither VHA nor the Vodafone Foundation will be liable for the failure or refusal of the associated Charity to sign an agreement with an App Developer.
27.Each applicant warrants that their participation in the promotion and any Smartphone App created for the Event does not breach the intellectual property rights of any third party. Furthermore, each applicant warrants that the applicant has a valid licence to use any third party libraries or any software in creating the Smartphone App, and can disclose such a licence if required by VHA at the conclusion of the Event. Any failure to disclose such a licence or a breach of the warranties in this clause will result in the applicant’s Smartphone App and application being invalid.
28.Each applicant indemnifies and will keep VHA, the Foundation, the Charity and associated agencies indemnified against any loss, costs (including legal costs), expenses or liability VHA, the Foundation, the Charity and associated agencies may suffer arising out of:a.An applicant’s breach of the warranties contained in clause
29;b.A Smartphone App’s breach of the Australian Consumer Law (including but not limited to a breach of the consumer guarantees);c.Any code developed or used in connection with the Smartphone App;d.Use of any software in creating the Smartphone App that is not in accordance with any applicable laws and applicable software licences; e.An applicant’s breach of the Australian Consumer Law in providing the services of creating the Smartphone App; f.Any property damage, injury or any other damage caused directly or indirectly by the applicantg. Any breach of a third party’s intellectual property rights.29.If for any reason whatsoever beyond the reasonable control of VHA, the campaign is not capable of being conducted as reasonably anticipated, VHA reserves the right, in its sole discretion, unless to do so would be prohibited by law, to (a) disqualify any applicant; and/or (b) to cancel, suspend, modify, terminate or cancel the promotion.
30.These conditions of entry do not, nor do they intend to, limit, exclude or modify any non-excludable statutory guarantee under the Competition and Consumer Act 2010 (Cth) (CCA) or any other warranties (whether express or implied) or terms under any state or federal legislation which cannot be excluded.
31.Subject to clause 31 and to the maximum extent permitted under law, VHA (including its officer, employees and agents) the Vodafone Foundation and Charities exclude all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss or profits) whether direct, indirect, special or consequential, arising in any way out of the promotion, including, without limitation, the following: (a) any technical difficulties or equipment malfunction (whether or not under VHA’s control) during the Event; (b) any theft, unauthorised access or third party interference; (c) any application or prize claim that is late, lost altered, damaged or misdirected (whether or not after receipt by VHA) due to any reason beyond the reasonable control of VHA; (d) any variation in prize value to that stated in these conditions of entry ; (e) any tax implications; (f) the cancellation or postponement of the Event; and/or (g) a prize or use of a prize. Nothing in these terms affects the statutory rights of any person under The Australian Consumer Law or any other applicable law.
32.VHA collects personal information in order to conduct promotions and campaigns and provide any goods/services requested and may, for that purpose, disclose such information to third parties, including, but not limited to, its related bodies Corporate, relevant Charities, prize suppliers or a regulatory authority and for any purpose to which the applicant has previously consented, including but not limited to, future promotional, marketing and publicity purposes. Applicants should direct any request to access, update or correct information to VHA. All applications become the property of VHA.
33.In these terms and conditions:a.“VHA” means Vodafone Hutchison Australia Pty Limited ABN 76 096 304 620 of Level 7, 40 Mount Street, North Sydney NSW 2060. b.“VHA Premises” means Ground Floor, 40 Mount Street, North Sydney NSW 2060c.The “Vodafone Foundation” means the Trustee for Vodafone Australia Foundation ABN 78 289 151 335 of Level 7, 40 Mount Street, North Sydney NSW 2060.