Terms and Conditions.

Updated 17 February 2014

AFRICA CONNECTED. SUCCESS STORIES POWERED BY THE WEB – OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. THIS CONTEST IS OPEN TO RESIDENTS OF THE 55 COUNTRIES IN AFRICA EXCEPT FOR SUDAN. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

The AFRICA CONNECTED. SUCCESS STORIES POWERED BY THE WEB Contest (the “Contest”) is a contest where participants submit a written entry and for Semi Finalists and Finalists a Video (as defined below) describing how participants have used the web and Google products to solve problems, create opportunities and inspire the people around them (together “the Application”); for the chance of being awarded monetary prizes as described below (“Prize or Prizes”).

Applications will undergo three phases of evaluation by Judges (as defined below). In the first round, Judges will evaluate each written entry using judging criteria to score each written entry; the 20 highest scoring written entries which pass legal due diligence will be selected as Semi Finalists. In the second round, Semi Finalists will submit a Video highlighting their written entry, and Judges will evaluate the Videos using judging criteria to score each Video; the 10 highest scoring Videos will be selected as Finalists. The public will vote online on the 10 Finalists’ Videos. Prizes will be awarded to the 5 Finalists whose Videos have the highest online votes.

See below for complete details.

1. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes your agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Google with respect to the Contest.

2. ELIGIBILITY: To be eligible to enter the Contest, you must be: (1) above the age of majority in the country, state, province or jurisdiction of residence at the time of entry; (2) resident in one of the 55 countries in Africa excluding Sudan; (3) not a person or entity under U.S. export controls or sanctions; and (4) have access to the Internet as of August 27, 2013.

The following are ineligible to participate in this contest:

Employees, interns, contractors, and official office-holders of:

(“collectively Google Partners”);

and their parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities’ and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors.

Google reserves the right to verify eligibility and to adjudicate on any dispute at any time.

If you are entering as part of a company or on behalf of your employer, these rules are binding on you, individually, and/or your employer. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto, including your potential receipt of a Prize. You further warrant that your actions do not violate such party’s policies and procedures.

3. Sponsor: The Contest is sponsored by Google Ireland Limited. (“Google”), a company incorporated under the laws of Ireland whose principal place of business is at Gordon House, Barrow St, Dublin 4, Co. Dublin City, Ireland.

4. CONTEST PERIOD: The Contest begins at 12:00:00 A.M. Greenwich Mean Time (GMT) on August 27, 2013 and ends at 11:59:59 P.M. GMT on October 31, 2013 (“Contest Period”). PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.

5. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Contest website located at http://wwafricaconnected.com (“Contest Site”) during the Contest Period and follow the instructions for submitting an Application. The Application must meet the “Application Requirements,” described below.

Applications must be submitted in one of the following categories:

LIMIT ONE (1) APPLICATION PER PARTICIPANT. You can submit your Application in one category only. Subsequent Applications will be disqualified. All Applications must be received during the Contest Period. Applications are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, based on false information, or late. All Applications will be deemed made by the authorized account holder of the email address submitted at the time of entry, and the potential winner may be required to show proof of being the authorized account holder for that email address. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email address for the domain.

6. Application Requirements: The Application must meet the following Application Requirements:

  1. It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is in appropriate, indecent, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
  2. It must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, provincial or local laws and regulations the laws or regulations in any country where the Application is created.
  3. It must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Google, in its sole discretion.
  4. It must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
  5. It cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.
  6. It must be in English or French
  7. It must be submitted by a participant who is resident in one of the 55 countries in Africa excluding Sudan

During the Contest Period, Google, its representatives and/or the Judges (defined below) will be evaluating each Application to ensure that it meets the Application Requirements. Google reserves the right, in its sole discretion, to disqualify any Application that does not meet Application Requirements.

7. JUDGING: Judges will comprise (i) Google employees (ii) individuals selected by Google (iii) individuals selected by Google Partners (iv) the public. Judging panels may comprise any of these Judges or any combination of these Judges.

Each written entry will be judged by a panel comprising employees of Google.

Videos will be judged by a panel comprising any combination of: employees of Google, individuals selected by Google, and individuals selected by Google Partners (collectively, “the Judges”); and by the public through online voting.

There will be three rounds of judging:

Round 1: evaluation of written entries

The judging panel will evaluate each written entry based on the following judging criteria:

  1. Description of venture – participant demonstrates in the written entry what their venture is, what opportunity is being created or what problem is being solved. Participant demonstrates real passion for the venture, for their country and for Africa.
  2. Description of opportunity(ies) created or problem(s) being solved - An excellent answer will have a clear description of the opportunities being created or the problems being solved by venture for themselves, their community or the economy because they have adopted the web and Google.

Judges will evaluate each written entry using the judging criteria to score each written entry; the 20 highest scoring written entries which pass legal due diligence will be selected as Semi Finalists. In the event of a tie, the written entry that received the higher score in the category of Technology will be selected. The Round 1 score will account for 20% of the total score for the Application.

During the period from November 1, 2013 to November 14, 2013 the Semi Finalists will be selected and notified by telephone and/or email, at Google’s discretion. If a Semi Finalist does not respond to the notification attempt within 3 business days from the first notification attempt, then such Semi Finalist will be disqualified and an alternate Semi Finalist will be selected based on the judging criteria described above. With respect to notification by telephone, such notification will be deemed given when the Semi Finalist engages in a live conversation with Google or Google’s representative or when a message is left on the Semi Finalist’s voicemail service or answering machine by Google or Google’s representative, whichever occurs first.

All Semi Finalists will be required to submit a short video describing their written entry (“Video”). Google will provide the same standard of production assistance to each Semi Finalist for the filming of the Video, the scope of such production assistance will be exclusively decided by Google. The Videos will be filmed at a time and location or locations to be determined by Google during the period between November 1, 2013 and January 31, 2014. If the Video is not filmed at Semi Finalist’s permanent location, Google will pay for the reasonable travel related expenses for a representative of each Semi Finalist to travel to the filming location; such travel expenses will be subject to the conditions in rules 9 and 11 of these Rules. Any Semi Finalist who is not available at their scheduled time for the creation of a Video will be disqualified, and the Judges (as defined below) will select the next highest scoring written entry as a new Semi-Finalist.

Round 2: Evaluation of Videos

The Round 2 judging panel will evaluate each Video based on the following criteria:

  1. Use of the web – participant demonstrates in the Video how participant used the web in their venture to solve problems, create opportunities and/or inspire the people around them. Interesting, creative, unique and relevant applications of the web to solve a problem.
  2. Use of a Google product or products – participant demonstrates in the Video how participant used a Google product or products in their venture to solve problems, create opportunities and/or inspire the people around them. Quantitative and qualitative impact will be measured.
  3. Quantitative or qualitative impact - participant demonstrates in the Video how quantitatively and qualitatively the participant has already grown or created impact and clear results on what the participant has been able to achieve either their in their community, on the lives of people around them or financially for themselves or their business.
  4. Use of Prize – participant demonstrates in the Video how participant would use the Prize – feasibility, practicability, research into the problem, roadmap, challenges and how they will be overcome, how they would invest in growing the business, venture or cause and expected results.

Judges will evaluate each Video using the Judging Criteria to score each Video; the 10 highest scoring Videos will be selected as Finalists. In the event of a tie, the Video that received the higher score in the category of Technology will be selected. The Round 2 score will account for 60% of the total score for the Application.

Round 3: Public Voting

The public will vote online for the 10 Finalists’ Videos. Voting will be per category and each voter can only vote once per category. Voting will happen on the Contest Site. Public voting will begin on or about 12:01 PM GMT on February 18, 2014 and end at 11:59 PM GMT on March 7, 2014. The 5 Finalists whose Videos receive the highest number of online votes will be selected as potential Prize recipients. In the event of a tie, the Video that received the higher number of online votes in the category of Technology will be selected.

During the period from March 8 to March 21, 2014 the potential Prize recipients will be notified by telephone and/or email, at Google’s discretion. With respect to notification by telephone, such notification will be deemed given when the potential Prize recipient engages in a live conversation with Google or Google’s agent or when a message is left on the potential Prize recipient’s voicemail service or answering machine by Google or Google’s agent, whichever occurs first. Potential Prize recipients will be required to keep this notification confidential until Prize Recipients are announced by Google.

In the event that no Applications are received, no Prize will be given. Determinations of the Judges and the public are final and binding.

8. PRIZES: Each Prize recipient will receive US$25,000. Each Prize recipient will also receive the opportunity to receive limited mentorship and technical assistance from employees of Google, at Google’s sole discretion.

Finalists will be invited to a final event in Nairobi on a date to be announced (“Final Event”). The Final Event will be a public event where Finalists may get to present to a live audience and participate in a panel discussion.

The Prize recipients will be announced on the Contest Site on a date to be announced that will be shortly after the Final Event.

Odds of winning any Prize depends on the number of eligible Applications received during the Contest Period and quality of the applications matching the requirements and criteria in these Rules. The Prize will be awarded within approximately 8 weeks of receipt by Google of final Prize acceptance documents. No transfer, substitution or cash equivalent for Prizes is allowed, except at Google’s sole discretion. Google reserves the right to substitute a Prize, in whole or in part, of equal or greater monetary value if a Prize cannot be awarded, in whole or in part, as described for any reason.

Where applicable, Value is subject to market conditions, which can fluctuate and any difference between actual market value and approximate retail value (“ARV”) will not be awarded. The Prize may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The Prize recipient shall bear all responsibility for use of the Prize in compliance with any conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance. Contest Entities have not made and Contest Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, regarding the use, value or enjoyment of the Prize, including, without limitation, quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the Prize or any components thereto.

9. TRAVEL EXPENSES FOR PRIZE RECIPIENTS NOT RESIDING IN NAIROBI, KENYA: Google will pay reasonable travel expenses for each Finalist who does not reside in Nairobi order to travel to the Final Event. Travel expenses will include (1) round-trip airfare (economy) or train or bus (as determined by Google) for the Finalist to travel from the major airport/rain station/bus station closest to the Finalist’s residence to Nairobi (2) double-occupancy hotel accommodation for 2 nights in Nairobi and (3) meals for 3 days. Hotel accommodations are at Google's discretion. Certain black out dates apply. Finalists are responsible for any other expenses including cost to obtain a passport or visa and any other incidental travel cost not expressly stated above, including but not limited to, ground transportation, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses. Travel expenses are not redeemable for cash.

10. TAXES: IN KIND OR MONETARY GRANTS TO POTENTIAL PRIZE RECIPIENTS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO GOOGLE ALL DOCUMENTATION REQUESTED BY GOOGLE TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES GOOGLE IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE PRIZE RECIPIENTS. In order to receive a Prize, Potential Prize recipient must submit the tax documentation requested by Google or otherwise required by applicable law, to Google or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the Potential Prize recipient’s country of residence. The potential Prize recipient is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a Potential Prize recipient fails to provide such documentation or comply with such laws, the prize may be forfeited and Google may, in its sole discretion, select an alternative Finalist and/or Prize Recipient.

11. GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Once the travel schedule has been arranged, it cannot be altered and failure of a potential Prize recipient to follow such schedule shall not obligate Google in any way to provide the potential Prize recipient with alternate arrangements. Google reserves the right to disqualify any participant from the Contest if, in Google’s sole discretion, it reasonably believes that the participant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other participants, viewers, Google, or the Judges.

12. INTELLECTUAL PROPERTY RIGHTS: As between Google and the participant, the participant retains ownership of all intellectual and industrial property rights (including moral rights) in all materials submitted to the Contest Site or to Google or its representatives as part of its Application, including without limitation photographs, comments, information, text, video, feedback, creative ideas, suggestions, or other materials (each a “Submission” and collectively, the “Submissions”). As a condition of entry, participant grants Google, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, fully sub licensable and non-exclusive license to use, reproduce, adapt, modify, publish, translate, distribute, publicly perform, create a derivative work from, and publicly display any Submission, in whole or in part, throughout the world in any form, media or technology now known or hereafter developed, including all promotion, marketing, publicity and any other uses thereof, without notice or attribution to participants or any other entity or person and without obtaining any further permission or license or making any payment whatsoever, and participants acknowledge that Google has no obligation to use your Submission.

Any Submission submitted to the Contest Site or to Google or its representatives and Google Partners is not confidential and proprietary and Google and its representatives shall be under no obligation to maintain the confidentiality of any Submission.

13. PRIVACY:

Participants agree that personal data entered during the registration, including name, mailing address, phone number, and email address may be processed, stored, shared and otherwise used for the purposes and within the context of the Contest.

Google will collect and use your personal data in accordance with Google's Privacy Policy available at http://www.google.com/policies/privacy/.

Any personal data (such as name, age, gender and contact information) collected during the course of the competition by Google will only be used and disclosed for purposes reasonably connected with administering and promoting this Contest, including certain internal and external Google communications related to this Contest.

Any personal data may be shared with Google Partners and you acknowledge that that personal data will also be subject to their privacy policies. Any personal data may be shared with Google’s service providers for this Contest.

The Finalists’ names will be shared with the public for public voting. Google may also share personal data of the overall Prize recipients, Semi Finalists and the Finalists with the press for publicity purposes.

Participants have the right to access, review, rectify or delete any personal data held by Google in connection with the Contest by writing to Google at info@africaconnected.com. If a participant does not provide the data required for registration or withdraws or cancels that data before the Prize recipients are declared, that participant’s entry will be ineligible.

14. PUBLICITY. By accepting a Prize, participant agrees to Google and its agencies use of his or her name and/or likeness and Submissions for advertising and promotional purposes without Except where prohibited by law, Prize recipients, Semi Finalists and the Finalists may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release.

15. WARRANTY AND INDEMNITY: Participants warrant that their Applications are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Application and that they have the right to submit the Application in the Contest and grant all required licenses. Each participant agrees not to submit any Application that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; (2) is confidential or proprietary information; or (3) otherwise violates the applicable state, federal, provincial or local law.

To the maximum extent permitted by law, each participant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each participant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Application or Submission uploaded or otherwise provided by the participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the participant in connection with the Contest; (c) any non-compliance by the participant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the participant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.

16. ELIMINATION: Any false information provided within the context of the Contest by any participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the participant from the Contest.

17. INTERNET: Contest Entities are not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Videos due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an participant’s ability to participate.

18. RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Google reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Google further reserves the right to disqualify any participant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an participant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Google reserves the right to seek damages from any such participant to the fullest extent of the applicable law.

19. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an Application, the awarding of a Prize, or anything in these Rules be construed as an offer or contract of employment with either Google, or the Contest Entities. You acknowledge that you have submitted your Application voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Google or the Contest Entities and that no such relationship is established by your submission of a Application under these Rules.

20. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with English law. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all participants expressly waive any and all such rights.

21. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Google of whatsoever kind or nature arising out of these Rules, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three. The seat or legal place shall be London England. The language to be used in the arbitration shall be English.