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

General Terms and Conditions for Huawei Global App Innovation Contest (the "Contest" or "Apps UP")

June 23, 2022

 

  1. Terms and Conditions Binding

 

1.1 You warrant that you have full authority to participate in this Contest, either for yourself or on behalf of a third party. 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 Huawei that are 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 be legally bound by all the T&Cs herein.

 

  1. Contest Organizers

 

2.1 The Contest is jointly organized by Huawei Software Technologies Co., Ltd., Aspiegel SE, 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 Countries/Regions List, the T&Cs herein are entered into between you and Aspiegel SE, 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 Countries/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 five (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 Participant's account.

 

2.5 If the Participant's region setting is in any of the countries/regions listed in Part 2 of Clause 12.1, you will be assigned to the Europe region of this Contest.

 

  1. Contest Duration

 

3.1 The Contest starts on June 24, 2022 at midnight Beijing time (UTC+8) and the finals & award ceremony will be held in December 2022, in accordance with announcements made on the official website. You can only sign up through the Contest's official website.

 

  1. Eligibility to Participate

 

4.1 This Contest is open to developers from all over the world. You may participate in the Contest on your own, or as part of a team (hereinafter referred to collectively as a "Participant").

 

4.2 You must sign in to your HUAWEI ID to be an eligible Participant.

 

4.3 You must be 18 years of age or over to enter the competition. 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 affiliates, an employee of Huawei's advertising, creative, or public relations agency, 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 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 details of a valid bank account 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 (1) team.

(2) Each team must comprise between one (1) and four (4) members.

(3) Each team must have a name. Team names that are vulgar or defamatory or infringe on the legitimate rights of any third party are prohibited.

(4) Individuals or teams may only participate once and only in one (1) 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 managing the team, such as inviting or removing members, submitting Works, and being a point of contact for Huawei.

(7) A team member can apply to join 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 team score shall not be affected.

 

4.7 Participants can update their entries before the registration deadline on October 9, 2022 at 18:00, Beijing time (UTC+8). Once submitted, the entries cannot be withdrawn.

 

4.8 Works must comply with the following requirements to be a valid entry for the Contest:

(1) With express, prior, and written authorization of rights holders, 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 Developers Service Agreement and any other agreement clauses and terms applicable to services, including the HUAWEI Developers Merchant Service Agreement, HUAWEI Partner Paid Service Agreement, and the T&Cs for using AppGallery Connect and Huawei Mobile Services ("HMS") Core.

(3) Works must fully comply with the release policies for HUAWEI AppGallery.

 

  1. Submission of Works

 

5.1 Submitted Works must integrate at least one (1) HMS open capability or service, and run seamlessly on devices with HMS installed.

 

5.2 A team leader account is required for integrating the HMS open capabilities or services and submitting Works.

 

5.3 Works must be submitted through the official website by October 9, 2022 at 18:00, Beijing time (UTC+8). The Work attachments must be in ZIP or RAR format and shall not exceed 200 MB.

 

  1. Selecting Winning Entries and Announcing 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 (3) selection phases: (1) Preliminary Review; (2) Public Review; and (3) Regional Finals. Works will be evaluated and judged as winning Works based on the following scoring criteria:

 

(1) Preliminary Review: Works will be reviewed by the judging panel for each Contest Region. The top 30 Works of each Contest Region will be selected by the judging panel based on user experience (20 points), originality (20 points), social value (10 points), AppGallery bonus points (10 points), and other bonus points (40 points) before proceeding to the Public Review phase and Regional Finals phase.

 

(2) Public Review: The top 30 Works will be displayed on both the Contest's official website and AppGallery during a global promotional period. The Public Review score will be based on the number of votes that each shortlisted Work receives from the public.

 

(3) Regional Finals: The judging panel will calculate the scores for the top 30 Works. The final result will be the sum of public rating score (10 points), user experience (20 points), originality (20 points), social value (10 points), and other bonus points (40 points).

 

6.3 For more information, please visit the web page for each Contest Region.

 

Announcement of Winners

6.4 The 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 their apps, ranked in order, based on their scores. The names of winners shall only be published with their consent.

 

Prizes

 

6.5 Huawei has set aside more than US$1 million as prize money for the Contest:

 

(1) Europe

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

iii. Best Game (3 winners): US$10,000

  1. Best HMS Innovation Award (3 winners): US$10,000
  2. Tech Women's Award (3 winners): US$5,000
  3. All-Scenario Coverage Award (1 winner): US$5,000

vii. Student Innovation Award (3 winners): US$5,000

viii. Honorable Mention (5 winners): US$3,000

 

(2) Asia Pacific

  1. Best App (4 winners): US$15,000
  2. Best Game (2 winners): US$15,000

iii. Best Social Impact App (1 winner): US$15,000

  1. Best HMS Innovation Award (2 winners): US$10,000
  2. Tech Women's Award (3 winners): US$8,000
  3. All-Scenario Coverage Award (1 winner): US$7,000

vii. AppGallery Rising Star App (3 winners): US$7,000

viii. Student Innovation Award (4 winners): US$5,000

  1. Most Popular App (1 winner): US$3,000

 

(3) Latin America

  1. Best App (5 winners): US$12,000
  2. Best HMS Innovation Award (4 winners): US$12,000

iii. Best Social Impact App (3 winners): US$8,000

  1. Tech Women's Award (1 winner): US$6,000
  2. Best Game (3 winners): US$6,000
  3. All-Scenario Coverage Award (1 winner): US$6,000

vii. Best Game Innovation Award (3 winners): US$6,000

viii. Student Innovation Award (5 winners): US$4,000

 

(4) Middle East& Africa

  1. Best HMS Innovation Award (3 winners): US$15,000
  2. Best Game (3 winners): US$15,000

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

  1. Best Social Impact App (3 winners): US$10,000
  2. All-Scenario Coverage Award (1 winner): US$10,000
  3. Tech Women's Award (1 winner): US$10,000

vii. Best Arabic App (3 winners): US$10,000

viii. Student Innovation Award (3 winners): US$5,000

 

(5) China

  1. Best HMS Innovation Award (6 winners): US$15,000
  2. Best App (3 winners): US$10,000

iii. Best Game (3 winners): US$10,000

  1. Best Social Impact App (3 winners): US$8,000
  2. All-Scenario Coverage Award (1 winner): US$7,000
  3. Tech Women's Award (1 winner): US$7,000

vii. Student Innovation Award (4 winners): US$3,000

 

6.6 On top of cash prizes, the following rewards may also be available for winners at Huawei's sole discretion:

 

  • HUAWEI AppGallery promotional resources (subject to the actual allocated resources);
  • A serverless service voucher from AppGallery Connect worth up to US$450 for each of the top 30 apps from each Contest Region that are showcased on both the Contest's official website and AppGallery; and
  • Voucher for some paid HMS Core capabilities.

 

6.7 The possibility of obtaining a further reward shall not constitute an offer or a contract for such a reward to a Participant.

 

6.8 Cash prizes (or rewards, if provided) are not negotiable, transferable, convertible, or refundable.

 

6.9 The judges' decisions regarding winners are final and Huawei will not respond to any disputes from Participants regarding the final decisions. Participants shall not engage in any behavior that annoys, abuses, threatens, or harasses any other entrants, Huawei personnel, or judges.

 

6.10 Huawei may offer alternative prizes to cash prizes (of different or similar value), if for unforeseen reasons, or reasons beyond Huawei's control, it becomes necessary to do so.

 

6.11 Huawei may select alternative prize winners if a winner is disqualified for violating the T&Cs herein, cannot be contacted, or a prize cannot be delivered.

 

Payment and Tax

 

6.12 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.

 

6.13 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.

 

6.14 Cash prizes refer to 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.

 

6.15 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.

 

6.16 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.

 

  1. Privacy Terms

 

7.1 Contest organizers process and use any personal data and Work information 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 prizes to the winners. Any personal data provided by Participants in connection with the Contest will be retained for no longer than twelve (12) months after the end of the Contest. In general, when you use our services, such as HUAWEI ID and HUAWEI Developers, your personal data shall be processed in accordance with the respective Privacy Statement. We collect the following information about you for the purpose of managing and organizing the Contest: user name (nickname), country or region, user profile picture, team name, Contest profile information, email address, mobile number, team subscription, identity document, student ID card or similar document, and submitted attachments (e.g. APK files).

 

7.2 Participation information from 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 as well as app IDs will be shared with Huawei Software Technology Co. Ltd., established in China, to check the number of integrated HMS Core capabilities and services.

 

  1. Intellectual Property Rights

8.1 Participants represent and warrant that in respect of the Works:

  1. they are the true and lawful owners of the intellectual and industrial property rights (including any code);
  2. there are no pending legal claims or disputes; and

iii. they have the right to submit Works to the Contest.

8.2 Participants shall retain copyright and any other intellectual and industrial property rights that they own for their Works.

8.3 For publicity, marketing, and promotional purposes, a Participant who is a Contest finalist or winner, grants Huawei (and its agents, sponsors, and partners) an irrevocable, non-exclusive, worldwide, and royalty-free license to publish, promote, and/or duplicate its Work (either on its own or with the Works of third parties) on the Contest's official website or other Huawei websites, 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 competition registration information (e.g. nickname).

 

  1. 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.

 

9.2 Huawei reserves the right, at any time and without prior notice, to:

  1. hold void, suspend, or cancel the Contest or any other matters to do with the Contest; or
  2. 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 shall check the Contest website regularly to keep up to date with any changes to the rules of the Contest and the T&Cs that affect them. Huawei may also amend, modify, interpret, or supplement the T&Cs or establish rules or regulations to stipulate the matters not provided for herein in the form of emails, online bulletins, letters, or other proper means, which shall all become effective upon release.

 

9.3 To the fullest extent permitted by law, Huawei (including its affiliates) and its agents or distributors, will not in any circumstance be responsible or liable for compensating a Participant or accept any liability for any loss, damage, or personal injury or death, as a result of participating in the Contest.

 

  1. Indemnity

 

10.1 Participant agrees to hold harmless, indemnify, and 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, including but not limited to posting or making any comments that are detrimental to Huawei's brand image, reputation, executives, or employees and may even cause intellectual property rights infringement or other damage; (ii) a breach of any of these T&Cs by the Participant; (iii) any third party claims arising from submitted 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.

 

  1. Disqualification

 

11.1 Participants may be disqualified from the Contest for any of the following reasons:

  1. the Participant's Work is plagiarized;
  2. third-party code plug-ins used in the Participant's Works are not authorized or they are the subject of a legal dispute;

iii. the Work infringes on the legitimate rights and interests of Huawei or any third party in any form (including but not limited to intellectual property rights and privacy rights);

  1. the Work violates Huawei policies, including but not limited to the HUAWEI Developers Service Agreement, Agreement on Use of Huawei APIs, AppGallery Review Guidelines, and any other T&Cs, service agreements, and rules applicable to developer services;
  2. the Participant is in breach of any of these T&Cs;
  3. Huawei suspects the Participant of impersonation, fraud, cheating, deception, or other unfair playing practices; or

vii. 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.

 

  1. 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

Aland Islands, Albania, Andorra, Australia, Austria, Belgium, Bonaire, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Curacao, Cyprus, Czech Republic, Denmark, Dutch Caribbean, Estonia, Faroe Islands, Finland, France, Germany, Gibraltar, Greece, Greenland, Guernsey, Hungary, Iceland, Israel, Isle of Man, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Ireland, Romania, Saba, Saint Vincent and the Grenadines, San Marino, Serbia, Sint Eustatius, Sint Maarten, Slovakia, Slovenia, Spain, St. Martin, St. Pierre and Miquelon (France), Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States, Vatican City

Part 2 (a) Governing Law; and (b) Venue for Dispute Resolution

(a)   The laws of Ireland.

(b)   The courts of Ireland with jurisdiction in Dublin, Ireland.

Part 3

Other countries and regions

Part 3 (a) Governing Law; and (b) Venue for Dispute Resolution

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

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