GENERAL TERMS AND CONDITIONS HUAWEI HMS APP INNOVATION CONTEST (THE "CONTEST")

GENERAL Terms and Conditions Huawei HMS App Innovation Contest (the "Contest")

June 23, 2020

1. Terms and Conditions Binding
1.1 You warrant that you have full authority to participate in this Contest, either on your own behalf or for any third party on whose behalf you are participating. By participating in this Contest, you are deemed to fully understand and accept all the terms and conditions (hereinafter, "T&Cs") that you are entering into with the Huawei company (hereinafter, "Huawei") applicable to your region, in accordance with Clause 2 and the Countries/Regions List contained herein.
1.2 By entering this Contest, you agree to accept and to be legally bound by all of the T&Cs herein.
2. Contest Organizer
2.1 The Contest is jointly organized by Huawei Software Technologies Co., Ltd., Aspiegel Limited, and Huawei Services (Hong Kong) Co., Limited.
2.2 If you participate in this Contest in a country or region listed in the "Countries/Regions" set out in Part 2 of the Regions List, the T&Cs herein are entered into between you and Aspiegel Limited, a subsidiary of Huawei incorporated in Ireland, which shall act as the data controller.
2.3 If you participate in this Contest in a country or region listed in the "Countries/Regions" set out in Part 3 of the Regions List, the T&Cs herein are entered into between you and Huawei Services (Hong Kong) Co., Limited, which shall act as the data controller.
2.4 The Contest will be held in 5 regions: Europe, Asia Pacific, Latin America, Middle East & Africa, and China (each is hereinafter referred to as a "Contest Region"). After registration and sign-up, the system will automatically assign Participants a Contest Region in accordance with the region settings of the team leader's account.
3. Contest Duration
3.1 The Contest starts on 30 June 2020 at 0:00 Beijing time (UTC+8) and the Registration & submission deadline is 18:00 on October 8 (UTC+8).
4. Eligibility to Participate
4.1 This Contest is intended for developers all over the world. You may participate in the Contest either as an individual entrant, or as part of a team (hereinafter referred to collectively as a "Participant").
4.2 You are only eligible as a Participant by signing in to your HUAWEI ID.
4.3 You are not eligible as a Participant if you are:
(1) under the age of 18; or
(2) an employee of Huawei or any of its affiliated companies, an employee of Huawei's advertising, creative, and public relations agencies, a program organizer, or if you are connected in any way to such an employee, such as being a member of their immediate family.
4.4 Participants must complete identity verification through identity verification for company developers or identity verification for individual developers. Huawei may ask for proof of age or identity of any Participant. If prizes cannot be distributed due to a Participant's provision of incomplete/incorrect personal data, the Participant shall forfeit their eligibility to receive a prize.
4.5 Winners of the Contest must submit valid bank account information within the period specified by Huawei, in order for Huawei to transfer cash prizes to them. Winners of the Contest must promptly inform Huawei of any changes to their bank details.
4.6 The rules for setting up a team are as follows:
(1) Each Participant can join only one team.

(2) Each team is strictly limited to three members.

(3) Each team must have a name. The team name shall not be vulgar or defamatory, or infringe on the legitimate rights of any third party.

(4) Individuals or teams may only participate once and only in one region.

(5) When you join a team, your personal data, such as your profile picture, name, and contact information will be shared within the team and you explicitly consent to this.

(6) A team must have a team leader who is responsible for team management, such as inviting or deleting members, submissions, and being a point of contact for Huawei. The team leader shall be responsible and liable for any and all the actions taken by the team and its members during the Contest.

(7) A team member can apply to join a team or leave a team.

(8) The score for a submission to the contest by a team belongs to the team. If a member leaves the team, the score obtained shall belong to the team, rather than the departing member.
4.7 Participants can update their entries before the registration deadline on 30 August 2020 at 18:00, Beijing time (UTC+8). Once submitted, the entries cannot be withdrawn.
4.8 Works must comply with the following to be a valid entry for the Contest:
(1) With express, prior, and written authorization of rights holders, the Works may use third-party game engines, middleware, open-source software, or code libraries.

(2) Each individual or team must fully comply with the HUAWEI Developer Service Agreement and any other agreement clauses and terms applicable to services, including the HUAWEI Developer Merchant Service Agreement, HUAWEI Partner Paid Service Agreement, and the T&Cs for using AppGallery Connect and HMS Core.

(3) The Works must fully comply with the release policies of HUAWEI AppGallery.
5. Submission of Works
5.1 Works must be submitted through the official website by, 30 August 2020, Beijing time (UTC+8). The Work attachments must be in ZIP or RAR format and cannot exceed 200 MB.
5.2 The Work attachments must include introductory documents about the Work.
5.3 The team leader account is required for integrating the Huawei Mobile Services ("HMS") Core and submitting Works.
5.4 Works must be integrated with the HMS Core in Huawei AppGallery Connect and submitted through the official website.
5.5 Works must leverage the open capabilities of HMS and must be able to run perfectly on Huawei mobile phone devices with HMS installed.
6. Choosing of Winning Entries and Announcement of Winners and Prizes
6.1 Winners will be chosen by a judging panel of the organizer's committee.
Judging Criteria
6.2 The Contest consists of three selection phases: (1) Preliminary Review; (2) Public Review; and (3) Regional Finals. Works will be evaluated and judged as winning Works using the following different scoring criteria:
(1) Preliminary Review: Works will be reviewed by the judging panel for each Contest Region. The top 20 Works will be selected by the judging panel for proceeding to the Public Review phase and Final phase.

(2) Public Review: The top 20 Works will be exhibited on the official website and AppGallery for the Contest during a global promotional period. The Public Review score will be based on the number of votes and downloads that each shortlisted Work receives from the public.

(3) Regional Finals:

i. The judging panel will score the top 20 Works. The final result will be the sum of the Public Review score (20 points) and the Regional Final score (80 points).

ii. The award categories are as follows: Best App, Best Game, Best Social Impact App, Most Popular App, and Honorable Award.

iii. The judging panel will review Works according to the following criteria:

a. Business (15 points): Delivers clear market positioning, target users, a feasible business plan, and sustainable profit model.

b. Design, technology, and user experience (30 points): Delivers excellent visual and function designs which cater to users' habits. Boasts stable operation, quick response, and good compatibility. Protects users' privacy and data.

c. Innovation (15 points): Makes innovative breakthroughs in terms of technical functions and design, compared to existing products.

d. Social value (20 points): Exerts positive social influence, facilitates industry progress, and popularizes the benefits of digitization. Covers a wide range of fields, including health care, education, transportation, economy, environment, and public welfare. Helps improve social resource efficiency or resolve various social problems.
Announcement of Winners
6.3 Results and winners of the Contest will be announced through posts on the Contest website. Posted results will include a list of the Participants' names, nicknames, or team names and the names of Apps, ranked in order, based on their scores. The names of winners shall only be published with their consent.
Prizes
6.4 The following awards will be given for each of the 5 Contest Regions:
(1) Best App (5 winners): US$15,000.

(2) Best Game (3 winners): US$15,000.

(3) Best Social Impact App (3 winners): US$15,000.

(4) Most Popular App (1 winner): US$5,000.

(5) Honorable Award (12 winners): US$2,500.
6.5 In addition to cash prizes, the following rewards may also be provided for the winners at Huawei's sole discretion:
(1) HUAWEI AppGallery promotion resources.

(2) Huawei cloud resources (subject to the web page for each Contest Region).

(3) Investment opportunities.

6.6 The possibility of obtaining a further reward shall not constitute an offer or a contract for such a reward to a Participant.
6.7 Cash prizes (or rewards, if provided) are not negotiable, transferable, convertible, or refundable.
6.8 The judges' decisions regarding winners are final and Huawei will not entertain any disputes from Participants in this regard. Participants shall not engage in any behavior that annoys, abuses, threatens, or harasses any other entrants, Huawei personnel, or the judges.
6.9 Huawei may offer alternative prizes to cash prizes (either different or similar), if for unforeseen reasons, or reasons beyond Huawei's control, it becomes necessary to do so.
6.10 Huawei may select alternative prize winners, if a winner is disqualified due to violation of the T&Cs herein, cannot be contacted, or a prize cannot be delivered.

Payment and Tax
6.11 Huawei will distribute cash prizes to winners within one hundred and twenty (120) working days upon the conclusion of the Contest, but shall not bear any liability to any winner for any delay, or loss of a cash prize by any means (in electronic transit or otherwise), whether it is caused by Huawei or not.
6.12 Cash prizes will be distributed in the following currencies, depending on the region where you entered the Contest: Hong Kong dollar, or Euro. Huawei will use Huawei's published exchange rate to convert the prize money into the receiving currency. Huawei's exchange rate is as per the market spot rate published at 10:00 am Beijing Time (UTC+8) of the last working day of the previous month. Winners shall bear all currency exchange-related expenses on their own.
6.13 Cash prizes refer to the pre-tax amounts. Participants will be responsible for compliance with tax laws and regulations that apply to them, such as personal income tax in their own country, and must submit all necessary documentation to Huawei in order to obtain a cash prize/reward. Huawei will not be responsible for withholding any personal income taxes. Participant shall indemnify Huawei for any tax costs/interests/penalties incurred due to non-compliance.
6.14 If a cash prize or reward is transferred to the bank account of a team winner, the team leader is strictly responsible for allocating the prize or reward amongst team members. Huawei shall in no way be responsible for the allocation of prizes/rewards amongst team members or any dispute in relation thereto.
6.15 Huawei gives no warranties, representations, or guarantees, express or implied, in fact or law, relating to any prize(s), regarding the use, value, or enjoyment of the prize(s), including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose.
7. Privacy Terms
7.1 Contest organizers process and use any personal data provided by Participants for the purposes of this Contest in accordance with the local applicable laws and the EU General Data Protection Regulation (GDPR). To the extent that you provide any personal data, it shall only be processed for lawful purposes directly related to this Contest, including but not limited to any administrative matters to facilitate the management and organizing of this Contest, as well as delivering the prize to the winner. We will need to disclose personal data to the selected courier services in order to deliver the prize to the winners. Any personal data provided by Participants in connection with the Contest is retained for no longer than twelve (12) months after the end of the Contest. In general, when you use our services, such as HUAWEI Developers, your personal data shall be processed in accordance with the respective privacy statements. We collect the following information about you in order to manage and organize the Contest: user name (nickname), country or region, user avatar, team name, Contest profile information, email address, mobile number, team subscription, and submitted attachments (e.g. APK files) .
7.2 Participation information of Hong Kong (China), Macao (China) and Taiwan (China) will be sent to the Chinese mainland for operational purposes and selection.
7.3 All APKs submitted by Participants will be sent to the Chinese mainland to check the number of integrated HMS Core kits.
8. Intellectual Property Rights
8.1 Participants represent and warrant, that in respect of the Works:
i. they are the true and lawful owners of the intellectual and industrial property rights (including any code);
ii. there are no legal claims or disputes pending; and
iii. they have the right to submit the Works to the Contest.
8.2 Participants shall retain copyright and any other intellectual and industrial property rights that they have created in their Works.
8.3 For publicity, marketing, and promotional purposes, a Participant who is a Contest finalist or winner, grants to Huawei (and its agents, sponsors, and partners) an irrevocable, non-exclusive, worldwide, and royalty-free license to publish its Work (either on its own or with the Works of third parties) on the official Contest website or other Huawei websites, the HUAWEI AppGallery, or any sales or marketing channels or partner channels, and to display the name, picture, and video of said Work and the Participant's nickname.
9. General Conditions
9.1 Participants shall ensure that their behavior in the Contest does not violate any applicable laws, regulations, or policies, nor infringe upon the legitimate rights and interests of any third party. The leader of each team agrees to be fully responsible and liable for any and all the actions taken by their team members during the Contest. Any actions performed by a team member shall be deemed as having been performed by the respective team leader. The team leader understands and agrees that they shall assume any and all liabilities and obligations arising therefrom.
9.2 Huawei reserves the right, at any time and without prior notice, to:
i. hold void, suspend, or cancel the Contest or any other matters to do with the Contest; or

ii. amend the rules of the Contest and these T&Cs.

if, at Huawei's sole discretion, it becomes necessary to do so, whether for technical, financial, legal (including but not limited to fraud or security, or for any matters outside of its reasonable control) or other reasons. Participants should check the Contest website regularly in case any changes to the rules of the Contest and these T&Cs that affect them.
9.3 To the fullest extent permitted by law, Huawei (including its affiliate Huawei companies) and its agents or distributors, will not in any circumstances be responsible or liable for compensating a Participant or accept any liability for any loss or damage, personal injury or death, as a result of participating in the Contest.
10. Indemnity
10.1 Participant agrees to indemnify and to keep indemnified Huawei at all times from and against any liability, actions, claims, suits, demands, proceedings, losses, damages, costs, fees (including legal fees) and expenses arising or resulting from: (i) any act, default, or omission of the Participant; (ii) a breach of any of these T&Cs by the Participant; (iii) any third party claims arising from the Works (including but not limited to claims for breach of intellectual property rights or defamation); (iv) breach of any applicable laws, regulations, or codes of conduct in the country/region from where they are entering the Contest; and (v) their acceptance and use of a prize/reward from this Contest.
11. Disqualification
11.1 Participants may be disqualified from this Contest for any of the following reasons:
i. the Participant's Work is plagiarized;

ii. third-party code plugins used in the Participant's Works are not authorized or they are the subject of a legal dispute;

iii. the Work violates Huawei policy including but not limited to the HUAWEI Developer Service Agreement, Agreement on Use of Huawei APIs, AppGallery Review Guidelines, and any other T&Cs, service agreements, and rules applicable to HUAWEI Developers services.

iv. the Participant is in breach of any of these T&Cs;

v. Huawei suspects the Participant of impersonation, fraud, cheating, deception, or other unfair playing practices; or

vi. the Participant is in breach of any applicable laws, regulations, or codes of conduct in the country/region from where they are entering the Contest.


12. Governing Law and Jurisdiction
12.1 This Contest and the T&Cs herein shall be governed by and interpreted in accordance with the Countries/Regions List below.

Countries/Regions List
No. Countries/Regions
Part 1  Chinese mainland
Part 2 Austria, Albania, Andorra, Aland Islands, Australia, Belgium, Bulgaria, Bosnia and Herzegovina, Canada, Croatia, Cyprus, Czech Republic, Denmark, Dutch Caribbean, Estonia, Finland, France, Faroe Islands, Germany, Greece, Gibraltar, Greenland, Guernsey, Hungary, Italy, Iceland, Israel, Jersey, Latvia, Lithuania, Luxembourg, Liechtenstein, Malta, Montenegro, Moldova, Monaco, Marne Island, Netherlands, Norway, Curacao, New Zealand, Poland, Portugal, Republic of Ireland, Romania, North Macedonia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Serbia, San Marino, Sint Maarten, St. Martin, St. Pierre and Miquelon (France), Saint Vincent and the Grenadines, Turkey, Ukraine, United States, United Kingdom, Vatican

Part 2

(a) Governing Law;

(b) and Venue for Dispute Resolution

(a) The laws of Ireland.

(b) The courts of Ireland with jurisdiction in Dublin, Ireland.
Part 3 Rest countries and regions

Part 3

(a) Governing Law;

(b) and Venue for Dispute Resolution

(a) The laws of Hong Kong (China).

(b) The courts of Hong Kong (China).