Terms and Conditions

Participants agree to be bound by the Terms and Conditions (as defined below). Terms and Conditions will apply to the Free BlackBerry® PlayBook™ Tablet Offer (“Offer”) during the Offer Period stated below. By participating in this Offer, you are deemed to have accepted these Terms and Conditions and any applicable Offer notices posted at www.blackberry.com/developers (“Offer Website”), (together, “Terms and Conditions”). These Terms and Conditions shall have priority over any inconsistent terms in any applicable Offer notice or abbreviated terms.

1. Offer Period

Offer is open between 12:01 a.m. Eastern Time (“ET”) on December 7, 2010 and 11:59 p.m. ET on March 31, 2011 ("Offer Period"). Research In Motion Limited (“Sponsor”) reserves the right to extend the Offer Period by giving five (5) days notice. Any such notice will be posted on the Offer Website.

2. Offer Eligibility

Offer is open to those who have registered and been accepted by Sponsor as a BlackBerry App World developer. Offer is void where prohibited by law.

3. How to Participate

3.1 In order to be eligible for the Offer, (1) you must register and be accepted by Sponsor as a BlackBerry App World developer (registration is available at https://appworld.blackberry.com/isvportal/home/login.seam?pageIndex=1&cid=255623 (“Vendor Portal”) and is subject to the BlackBerry App World Vendor Agreement); and (2) you must have agreed to the BlackBerry® SDK License Agreement, and if applicable, any other terms and conditions required for participation on BlackBerry App World. Once registered, you are considered a participant (“Participant”).

3.2 To participate in the Offer, you must create and submit an application designed for the BlackBerry PlayBook tablet through the Vendor Portal (“Application”).

3.3 Sponsor will review and evaluate the Application. If the Application complies with the BlackBerry App World Vendor Guidelines (“Guidelines”), available at https://appworld.blackberry.com/isvportal/home/guidelines.seam?pageIndex=1&cid=255623, these Terms and Conditions, and is otherwise an Application that Sponsor believes, in its sole and absolute discretion, will be in reasonable demand on BlackBerry App World, it will qualify for the Offer.

3.4 Subject to the Application Criteria outlined below, if the Application qualifies for the Offer, the Participant will be deemed eligible to receive a free BlackBerry PlayBook (“Eligible Participant”), subject to the notification and delivery conditions below. Each Eligible Participant will receive one (1) 16GB BlackBerry PlayBook; one (1) USB charger; and, one (1) North American wall outlet charger (collectively, “Device”). However, be advised that the distribution of the Device will not begin until the Device is commercially available to the public in the Eligible Participant’s country of residence (as provided to Sponsor during initial registration at the Vendor Portal).

3.5 You may submit as many Applications as you wish during the Offer Period, however, there is a limit of one (1) Device per Participant. Applications must be submitted using the Vendor Portal by the end of the Offer Period to be considered for the Offer.

4. Application Criteria

4.1 Applications must provide a functionality that is considered useful to the end user, as determined by Sponsor, in its sole and absolute discretion. Applications must comply with the Guidelines and these Terms and Conditions. However, the following categories of applications are specifically excluded from eligibility for the Offer:

(a) Web launchers or shortcuts;

(b) Web browsers; and

(c) Applications that provide a simple, single function, such as playing noise or displaying a graphic.

4.2 For the purposes of this Offer, if the Sponsor feels that the number of Applications in any given category appears to be excessive, the Sponsor, in its sole and absolute discretion, reserves the right to refuse to consider any further Applications submitted in that category.

5. Notification and Prize Distribution

5.1 Sponsor will notify Eligible Participants by email using the email address provided upon initial registration at Vendor Portal.

5.2 If, for any reason, the Eligible Participant cannot be reached using the email address provided within twenty (20) business days after the initial email is sent, Eligible Participant’s entitlement to a Device will be forfeited.

5.3 Devices will be sent by courier to each Eligible Participant at the address provided during initial registration at the Vendor Portal following the commercial availability to the public of the Device in the Eligible’s Participant’s country of residence. Delivery time is subject to Device availability and may be delayed due to high demand and timing of product launch. Eligible Participants are responsible for all federal, state or local taxes, tariffs, import duty fees, and any other costs or expenses that may be associated with receipt of the Device.

5.4 Sponsor shall not be responsible for returned, lost, delayed, misdirected or otherwise undeliverable email or Devices.

6. General Conditions:

6.1 The eligibility of any Application for the purposes of this Offer is at the sole and absolute discretion of the Sponsor.

6.2 Limitation of Liability – General
By participating in this Offer, you agree, to the maximum extent permitted by applicable laws to release and hold Sponsor and its parent companies, affiliates, subsidiaries, officers, directors, agents, representatives and employees (collectively, “Released Parties”), harmless from any and all liability whatsoever for any injuries, losses or damages of any kind arising from participation in or in connection with the Offer, including, without limitations, acceptance, receipt, possession, use and/or misuse of the Device received herein. The above limitation of liability shall not apply to death or bodily injury caused as a result of Sponsor’s negligence.

6.3 Limitation of Liability – Offer Operation
All applicable federal, state, provincial and local laws apply. By participating in the Offer, and to the maximum extent permitted by applicable laws, you release and discharge Released Parties from any and all liability resulting from: (i) late, lost, delayed, stolen, misdirected, unreadable, incorrect, inaccurate, garbled, unintelligible or postage due communications, including without limitation, Applications and entry submission information, regardless of the method of transmission, including the failure to send a Notification email and/or shipping of Device to Eligible Participant; whether caused by users of any website associated with this Offer, or by any of the equipment or programming associated with or utilized in the Offer; (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on any website related to the Offer, or for communications line failure, theft or destruction, tampering, or unauthorized access to entries and/or entry information; (iii) for printing, human, typographical or other errors in any Offer material or the administration of the Offer; and (iv) any computer, software, website or electronic defect, error or failure regardless of reason.

6.4 Disqualification
Sponsor reserves the right, in its sole discretion, to disqualify any Participant it finds to be tampering with the operation of the Offer, the Vendor Portal, BlackBerry App World or any other website related to the Offer; to be acting in violation of the Terms and Conditions; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any person participating in or connected with Offer. Any attempt by any Participant or Eligible Participant to obtain more than the stated number of Devices by using multiple or different identities, or any other method that is not specifically outlined as acceptable or does not comply with these Terms and Conditions, will void that Participant’s or Eligible Participant’s eligibility and that Participant or Eligible Participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. The Sponsor’s server shall be the official time stamp for the purposes of determining the validity of Application submissions.

6.5 Modification
The Sponsor reserves the right to modify, terminate or suspend the Offer in whole or in part, in its sole discretion in the event of a computer virus, computer bug, unauthorized human intervention, fraud, technical or other failure, or any other cause or act beyond the control of the Sponsor that could affect the administration, operation, security, integrity, fairness and/or proper conduct of the Offer. In the event of such an occurrence the Sponsor will post a notice at the Offer Website.

6.6 Acceptance and Substitution of Devices
Devices must be accepted as delivered and are not redeemable for cash. In the unlikely event that Devices are discontinued or become otherwise unavailable for any reason for a period of six (6) months or more, Sponsor will have no obligation to award any substitute device or monetary or other equivalent.

6.7 Taxes
Each Eligible Participant will be solely responsible for any and all applicable taxes and any other costs, expenses and fees (including customs tariffs and import duties) which are not stated in the Terms and Conditions as included with the Device.

6.8 Use of Device
All Participants acknowledge and agree that:

a) use of the Device is subject to acceptance of the BlackBerry Solution License Agreement, which is the agreement under which RIM makes available RIM services and devices and which is located at www.blackberry.com/legal;

b) the use of any third party products and services is subject to terms and conditions, including, if applicable, any license agreement provided with the third party software, hardware, products and/or services (collectively, the "Third Party Information");

c) use of Third Party Information shall be governed by and subject to users’ agreement to the terms of separate Third Party Information licenses and/or agreements;

d) any Third Party Information that is provided with or without Sponsor’s products and/or services is provided "as is". Sponsor makes no representation, warranty or guarantee whatsoever in relation to the Third Party Information and Sponsor assumes no liability whatsoever in relation to the Third Party Information even if Sponsor has been advised of the possibility of such damages or can anticipate such damages;

e) the inclusion of Third Party Information herein does not imply endorsement by Sponsor of the Third Party Information or the third party in any way; and

f) Sponsor does not control and is not responsible for any Third Party Information, including without limitation, the content, accuracy, intellectual property issues, compatibility, performance, trustworthiness, legality, decency, links, or any other aspect of the Third Party Information.

6.9 Publicity
Eligible Participants may be requested to take part in promotional activities and Sponsor will only use the name, voice, likeness and/or image of Eligible Participants in any publicity, advertising, trade or other promotional activity upon obtaining prior written consent from each Eligible Participant.

6.10 Personal Information
By completing and submitting the information requested in order to participate in the Offer, each Participant consents to the collection, use, and disclosure of their personal information by Sponsor for the purposes of (i) its internal use to facilitate administration of the Offer, (ii) if you have so elected, to allow Sponsor or service providers on behalf of Sponsor to provide them with information on Sponsor and/or its products, services or rewards; and, (iii) the purposes set out in Sponsor’s Privacy Policy. The collection, use and disclosure of any personal information provided is subject to Sponsor’s Privacy Policy which is set out at: http://na.blackberry.com/eng/legal/privacy_policy.jsp.

6.11 Governing Law
Terms and Conditions shall be governed by and construed under the laws of the Province of Ontario without regard to conflict of laws principles. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of Ontario. Participants irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and consent to the jurisdiction of the courts of the Province of Ontario. Participants further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to the Terms and Conditions.

6.12 Sponsor
Sponsor is Research In Motion Limited, 295 Phillip Street, Waterloo, Ontario, Canada N2L 3W8.

Any questions regarding the operation of the Offer should be directed to: BlackBerryPlayBookOffer@TMGIdeas.com.