Summary

Infusionsoft Battle of the Apps

The following is a summary of the competition process and rules. For full details, please see the Official Rules ("Rules") below.  In the case of a conflict between this Summary and the Rules, the Rules control.

  1. To participate in the Battle of the Apps, you must submit your entry on our official submission page by 10:00 PM Pacific Daylight Time on December 31, 2012 (the " Competition Entry Deadline"). You may update your submission at any time prior to the Competition Entry Deadline using the same entry process as your original submission. Please indicate when you are submitting an updated submission. We will accept only the most recent submission and disregard any older submissions.
  2. All submissions must be localized in English.
  3. Any form of technical integration with the Infusionsoft platform is eligible for the competition, including use of the Infusionsoft API as found at our DeveloperCenter.
  4. When you submit your entry, you must make it available for free to our judges. It does not need to be publicly available at time of submission, but there must be a way for us to evaluate it using accounts on the production Infusionsoft service. Your entry, exactly as submitted to the contest, must be available to the public and listed in the Infusionsoft Marketplace by January 31, 2013.
  5. Along with your entry, you are required to provide a short video (no longer than 3 minutes) describing your entry and demonstrating its use. The video should be in the form of a hyperlink to a YouTube or Vimeo video that can be easily played over the internet.
  6. Once you submit your entry, we will review it and, if it is a valid entry, will post it publicly in the submission gallery on this site.
  7. All entries and will be evaluated as set forth in the Rules and four will be selected to be presented at InfusionCon 2013.
  8. The four selected entries will be given the opportunity to present their entry at the InfusionCon. From these entries, the KickApps Champion, first, second and third place winners will be selected. There will be two components to the final judging:
    1. Official judging: A panel of judges selected by Infusionsoft will evaluate and rank each finalist on five criteria. Official judging will count for two-thirds of a finalist’s official score.
    2. Audience judging: The InfusionCon audience (both in person and online) will vote for their favorite. Audience judging will count for one-third of a finalist’s official score.
  9. Wh­en choosing finalists and prize winners, judges will consider five criteria:
    1. Customer Benefit: Does the app help our small business customers succeed? Does this app appeal to our target users?
    2. Design: Is the app visually appealing? Is the app clear, intuitive and easy to learn and use?
    3. Functionality: Does the app offer a complete solution with deep use of Infusionsoft features? Does the app take advantage of the unique functionality Infusionsoft offers?
    4. Utility: Is the app compelling and/or indispensable? Is this app something our target users will find useful to their business?
    5. Innovation: Is the app unique and/or innovative? Does the app present a novel solution or approach?
  10. We will announce the Kick Apps Champion, Second, Third, and Fourth Place prize winners at the InfusionCon 2013. The announcement will occur during InfusionCon 2013, to be held on March 27-29, 2013. In addition, all winners will be posted online at http://battleoftheapps.infusionsoft.com. Winners do not have to be present at the InfusionCon 2013 announcement to win.
  11. The finalist with the highest score will be crowned the KickApps Champion and will win:
    1. $10,000 CASH
    2. Stage time at InfusionCon 2013 to present your entry
    3. An all-expense paid day at Infusionsoft headquarters for a ‘jam session’ with:

                                      i.Richard Tripp, Chief Product Officer to discuss the ‘POV Method’

                                     ii.Marc Chesley, Chief Technology Officer to discuss ‘Development Execution’

                                    iii.Greg Head, Chief Marketing Officer to discuss ‘Branding and Marketing’

  1. Complete Marketing and Promotional Package to promote your app

                                      i.InfusionCon Marketing Package

                                     ii.Login Notification (advertisement) to Infusionsoft users

                                    iii.Website reference: highlight and feature

                                   iv.Premium placement in Marketplace

                                    v.Literature reference of winning App

                                   vi.Digital badge as the Kick Apps Champion

  1. Second Place winner will win:
    1. $5,000 Cash
    2. Stage time at InfusionCon 2013 to present your entry
    3. Complete Marketing and Promotional Package to promote your app

                                      i.InfusionCon Marketing Package

                                     ii.In-App Notification to Infusionsoft users

                                    iii.Website reference: highlight and feature

                                   iv.Premium placement in Marketplace

                                    v.Literature reference of winning App

                                   vi.Digital badge as a Battle of the Apps finalist

  1. Third Place winner will win:
    1. $2,500 Cash
    2. Stage time at InfusionCon 2013 to present your entry
    3. Complete Marketing and Promotional Package to promote your app

                                      i.InfusionCon Marketing Package

                                     ii.Login Notification (advertisement) to Infusionsoft users

                                    iii.Website reference: highlight and feature

                                   iv.Premium placement in Marketplace

                                    v.Literature reference of winning App

                                   vi.Digital badge as a Battle of the Apps finalist

  1. Fourth Place winner will win:
    1. $2,500 Cash
    2. Stage time at InfusionCon 2013 to present your entry
    3. Complete Marketing and Promotional Package to promote your app

                                      i.InfusionCon Marketing Package

                                     ii.Login Notification (advertisement) to Infusionsoft users

                                    iii.Website reference: highlight and feature

                                   iv.Premium placement in Marketplace

                                    v.Literature reference of winning App

                                   vi.Digital badge as a Battle of the Apps finalist

 

 

 

CONTEST DATES

This table lists a summary of important dates in the Battle of the Apps Contest.

 

Date

Activity

December 31, 2012

Contestants’ entries must be submitted by this date.

January 15, 2013

Preliminary judging complete and announcement published.

February 1, 2013

Secondary judging round complete and announcement published.

February 15, 2013

Finalist judging round complete and announcement published.

March 27, 2013
March 28, 2013
March 29, 2013

InfusionCon 2013, finalist presentations, winners announced.

 

 

OFFICIAL RULES

Infusionsoft Battle of the Apps

  1. DESCRIPTION: The Infusionsoft Battle of the Apps ("Competition") is designed to motivate and reward those who enter the Competition (each a "Contestant") who develop innovative, creative, functional and original applications that integrate with the Infusionsoft Platform. Prizes will be awarded to those eligible Contestants who submit the winning Entries.
  2. NO PURCHASE NECESSARY:  No purchase is necessary to enter or win.
  3. JURISDICTIONS:  The Competition is void where any aspect of the Competition is prohibited by law or where registration, bonding or translation is required. 
  4. SPONSOR AND ADMINISTRATOR: The Competition is sponsored by Infusionsoft, Inc. ("Infusionsoft"), an Arizona corporation with principal place of business at 2065 W. Obispo Ave, Suite 103, Gilbert, AZ 85233, USA. The Administrator for the Competition is ChallengePost, Inc., a Delaware corporation with principal place of business at 425 W. 13th Street, Suite #504, New York, NY 10014. The Administrator is responsible for supporting and hosting the Competition website and is the official Competition timekeeper. The Sponsor is responsible for these Official Rules (the "Rules") and the application thereof, including but not limited to determining qualified entries, judging, awarding prizes, and contest prize verification. All questions regarding the Competition should be directed by e-mail to marketplace@infusionsoft.com.
  5. BINDING AGREEMENT: In order to enter the Competition, a Contestant must agree to these Rules. Please read these Rules carefully prior to Entry to ensure you understand and agree with them.  Each Contestant (including each member of any team or Business Entity Contestant) shall be deemed to agree to these Rules, and shall be considered to enter into a legally binding agreement with Infusionsoft, by submitting an Entry for the Competition.
  6. PARTICIPATION/ELIGIBLITY: There is no limit on the number of Entries you may submit.  At the time of submitting an Entry, we ask that the individual, team or business submitting the Entry identify the individual(s) associated with that Entry, and provide all required information. A Contestant may submit more than one Entry, including participating individually and as part of  team(s) or business(es).  However, the Competition is limited, as to individual and team Contestants, to legal residents of the United States who have reached the legal age of majority in his or her jurisdiction, and, as to Business Entity Contestants, business entities organized under the laws of the United States. Employees, anyone who was employed within six (6) months of start of the Competition, independent contractors, officers, and directors of Infusionsoft or the Administrator, their respective affiliates, subsidiaries, partners, advertising, promotion, and fulfillment agencies, and legal advisors, and the immediate family members and persons living in the same household of such persons, are not eligible to participate in the Competition.  In addition, all Judges and the immediate family members and persons living in the same household of Judges, are not eligible to participate in the Competition.

6.1          TEAMS CONTESTANTS: If a Contestant enters as part of a team, the Contestant understands and agrees that, in order for his/her team to be eligible to participate, all of the members of the team must register and accept the Rules. The Contestants assume the responsibility for identifying each member of a team at the time the team submits its Entry, and Infusionsoft does not assume any responsibility for checking the identification of team members. The members of a team that are identified with the submission of an Entry shall be final and that team may not add, remove or substitute members, or otherwise change the composition of the team, for the duration of the Competition. Furthermore, a Contestant that is part of a team understands and agrees that if his/her team is selected to receive a prize, each Contestant on the team is responsible for ensuring the prize is appropriately distributed to each member of the team. Finally, in order to remain eligible to win a prize, the team and each member of that team must satisfy the eligibility requirements in these Rules, including the submission of a Contest Prize Validation Agreement (discussed below); if one member of the team does not comply with these Rules or is disqualified, the team as a whole will be disqualified.

6.2          BUSINESS CONTESTANTS: Infusionsoft encourages entries from United States businesses and other United States legal entities. If an Entry is submitted on behalf of a United States corporation, limited liability company, partnership or other legal entity (any of which being referred to as a "Business Entity"), the Contestant(s) submitting the Entry hereby certifies to Infusionsoft that (1) the appropriate authorization from the corporate officers, executives, managers or other required persons or group has been obtained, (2) the individual Contestants are in some manner legally associated with the Business Entity and (3) the individual accepting the Rules on behalf of the Business Entity is authorized to legally bind the Business Entity. A Business Entity submitting an Entry shall be legally bound by these Rules by the act of the Contestant(s) acting on its behalf. Each Contestant associated with and/or submitting an Entry for or on behalf of a Business Entity acknowledges and agrees that if the Contestant enters the Competition without obtaining the requisite authorization, Infusionsoft may, in its sole discretion, disqualify the Business Entity and any submitted Entry. Finally, if a Business Entity is selected to receive a prize, a corporate officer or other authorized person entitled to bind the Business Entity will be required to execute and deliver the Contest Prize Validation Agreement on behalf of the Business Entity.

  1. COMPETITION ENTRIES: A submission by a Contestant must satisfy the following requirements in order to qualify as an “Entry” for the Developer Competition. Any determination as to whether a submission does not qualify as an Entry will be made by Infusionsoft in its sole discretion and will be final and binding.

7.1          The complete submission must be made before 10:00 P.M. Eastern Standard Time on December 31, 2012 (the “Competition Entry Deadline”). You may update your submission at any time prior to the Competition Entry Deadline using the same entry process as your original submission. Please indicate on when you are submitting an updated submission. Infusionsoft will accept only the most recent submission and disregard any older submissions.

7.2           Each Contestant must provide complete and accurate information as required at the Infusionsoft Competition Entry page, including a valid working email address. The contact person for the Competition for such Entry will be the authorized account holder of the email address provided at the time of Entry. The "authorized account holder" is the natural person assigned to an email address by the provider of such email service.

7.3          The submission must be an original work of the Contestant that includes a technical integration with the Infusionsoft platform, using the Infusionsoft API or other method described on the Infusionsoft Developers site. In addition, any application with respect to which Infusionsoft has provided any substantial development assistance is ineligible. Substantial development assistance includes Infusionsoft providing any of the following:

  1.                                   i.    Mock Ups
  2.                                  ii.    Visual depictions
  3.                                 iii.    Financial support
  4.                                iv.    Code
  5.                                 v.    Wire frames
  6.                                vi.    Conduct feasibility studies
  7.                               vii.    Customer information not publically-available

Substantial development assistance does not include Infusionsoft providing answers to technical questions posted in the developer forum, Infusionsoft offering support found through its developer center, or Infusionsoft providing documentation through Github or its developer center. 

7.4          The submitted application must be executable so that the Judges may evaluate it through use with the production Infusionsoft service. For iOS applications, Infusionsoft will provide a list of IDs (UDIDs) for the devices that the Judges will be using to evaluate the Entry on the Infusionsoft website at http://battleoftheapps.infusionsoft.com.

7.5          The submission must be accompanied by a video describing and demonstrating the application, which will be the primary basis on which Judges will evaluate the submission when selecting the four finalists. The video should be no longer than three minutes and it cannot violate the Infusionsoft Terms of Service applicable to user “Content.” The video should be in the form of a hyperlink to a YouTube or Vimeo video that can be easily played over the internet.

7.6          A submissions must, at a minimum, support English language use but may also support other languages at the discretion of the Contestant.

7.7          Any submission that contains (1) sexual, violent, abusive, harassing, offensive or insulting content or (2) enables or promotes any illegal activity or (3) infringes any other party’s legal rights may be disqualified.

7.8          Any false information provided within the context of the Competition by any Contestant including information concerning identity, mailing address, telephone number, email address or ownership of right, or non-compliance with these Rules, or the like may result in the immediate elimination of the Contestant from the Competition.

7.9          Infusionsoft further reserves the right to disqualify any Contestant who tampers with the submission process, the voting or any other part of the Competition. Any attempt by a Contestant to deliberately damage any Web site or undermine the legitimate operation of the Competition is a violation of criminal and civil laws and should such an attempt be made, Infusionsoft reserves the right to seek damages from any such Contestant to the fullest extent of the applicable law.

7.10       Submissions shall not require any fee or expense to be incurred by the Judges and must be provided with the license rights described in these Rules.

  1. JUDGING: After the Competition Entry Deadline, all eligible Entries will be subject to judging in order to determine the prize winners.

8.1          Judging will be conducted in three rounds. 

  1.                                   i.    The Preliminary Round:  A panel of [5] judges selected by Infusionsoft will each individually evaluate and rank all Entries using the five judging criteria. In the Preliminary Round, the video submitted with each Entry will be the primary basis on which the Entries are evaluated. The individual rankings will then be totaled, and the twenty (20) highest-scoring Entries will move to the Secondary Round. If there are ties resulting in more than twenty (20) Entries having a top score, the judges will collectively re-evaluate and re-rank the highest-scoring Entries using the five judging criteria and collectively select twenty (20) Entries to move to the Secondary Round. The Entries that move to the Secondary Round shall be Semi-Finalists. Semi-Finalists will be selected on or before January 15, 2013, and an announcement will be published on Infusionsoft's Blog at http://www.infusionblog.com.
  2.                                  ii.    The Secondary Round:  A panel of 5 judges selected by Infusionsoft will each individually evaluate and rank all Semi-Finalist Entries using the five judging criteria. The judges in the Secondary Round will all be different from the judges in the Preliminary Round. In the Preliminary Round, the video submitted with each Entry will be the primary basis on which the Entries are evaluated.  The individual rankings will then be totaled, and the fourteen (14) highest-scoring Semi-Finalist Entries will move to the Finalist Round. If there are ties resulting in more than fourteen (14) Semi-Finalist Entries having a top score, the judges will collectively re-evaluate and re-rank the highest-scoring Semi-Finalist Entries using the five judging criteria and collectively select fourteen (14) Semi-Finalist Entries to move to the Finalist Round. The Semi-Finalist Entries that move to the Finalist Round shall be entitled to the App Innovators Finalist Prize. App Innovator Finalists will be notified on or before February 1, 2013 by email if they have been selected. In addition, App Innovator Finalists will be posted on Infusionsoft's Blog at http://www.infusionblog.com/.
  3.                                 iii.    The Finalist Round:  Judging in the Finalist Round will be done in two parts.
    1. First, a panel of 5 judges (the "Finalist Judges") selected by Infusionsoft will each individually evaluate and rank all App Innovators Finalist Entries using the five judging criteria. The Finalist Judges will all be different from the judges in the Preliminary Round and Secondary Round. The Finalist Judges are posted on Infusionsoft's website at http://battleoftheapps.infusionsoft.com.  In this part of the Finalist Round, the video submitted with each Entry will be the primary basis on which the Entries are evaluated. The Finalist Judges' individual rankings will then be totaled and the four (4) highest-scoring App Innovators Finalist Entries will move to the second part.  If there are ties resulting in more than four (4) highest-scoring App Innovators Finalist Entries, the judges will collectively re-evaluate and re-rank the highest-scoring App Innovators Finalist Entries using the five judging criteria and collectively select the four (4) highest-scoring (the "Finalists"). Finalists will be notified on or before February 15, 2013 by email if they have been selected. In addition, Finalists will be posted on Infusionsoft's Blog at http://www.infusionblog.com.
    2. Second, the Finalists will each make a presentation at InfusionCon 2013, which will be live-broadcast online at http://www.infusionsoft.com and then available online for general public viewing from http://battleoftheapps.infusionsoft.com.  All attendees of the Finalists presentations (both online and in person) will be entitled to vote (one vote per person) online at http://battleoftheapps.infusionsoft.com. Audience voting will be open from March 27, 2013 at 9AM to March 29, 2013 at 9AM.

FINAL SCORING: The Finalist Judges' individual rankings will be totaled and shall count for two-thirds of the final score.  The other one-third of the final score will be determined by the audience voting. The top four prizes will then be awarded in the order of highest-total final score. In the event of ties, the Entry with the highest Finalist Judges score will be the winner of the tie.  

TOP AWARD WINNER ANNOUNCEMENT:  Infusionsoft will announce the Kick Apps Champion, Second, Third, and Fourth Place prize winners at the InfusionCon 2013.  The announcement will occur during InfusionCon 2013, to be held on March 29, 2013. In addition, all winners will be posted online by April 1, 2013 at http://battleoftheapps.infusionsoft.com and http://www.infusionblog.com. Winners do not have to be present at the InfusionCon 2013 announcement to win.

8.2          The judges shall consider five equally-weighted criteria when judging:

  1.                                   i.    Customer Benefit: Does the app help our small business customers succeed? Does this app appeal to a broad range of our target users?
  2.                                  ii.    Design: Is the app polished, visually appealing? Is the app clear, intuitive and easy to learn and use?
  3.                                 iii.    Functionality: Does the app offer a complete solution with deep use of Infusionsoft features? Does the app take advantage of the unique functionality Infusionsoft offers?
  4.                                iv.    Utility: Is the app compelling and/or indispensable? Is this app something our target users will find useful to their business?
  5.                                 v.    Innovation: Is the app unique and/or innovative? Does the app present a novel solution or approach?

 

8.3          Each Finalist and App Innovator will be informed by email of required materials and documentation that must be submitted for marketing material and, if applicable, presentations for the InfusionCon 2013 by March 1, 2013. All submissions will be reviewed and, if deemed appropriate, approved. Infusionsoft reserves the right, at its sole discretion to reject submissions for any reason.

8.4          A Contestant may be disqualified and selection of an alternate prize recipient will be made if, in Infusionsoft's sole discretion, should any of the following apply: a Contestant fails to meet deadlines, respond in any time period specified in the email notification, fails to comply with Infusionsoft material or documentation change request(s), or Infusionsoft reasonably believes Contestant is unwilling or unable to maintain the high standard of InfusionCon. If any Contestant selected as a prize recipient is disqualified for any reason, the next highest-scoring Contestant will be designated as the recipient of that prize.

  1. PRIZES AND CONDITIONS TO AWARDING PRIZES:

9.1           Infusionsoft will award the following prizes:

  1.                                   i.    The Finalist with the highest score will be crowned the KickApps Champion and will win:
    1. $10,000 Cash
    2. Stage time at InfusionCon 2013 to present your entry
    3. An all-expense paid day at Infusionsoft headquarters for a ‘jam session’ with:
      1. Richard Tripp, Chief Product Officer: POV Method
      2. Marc Chesley, Chief Technology Officer: Development Execution
      3. Greg Head, Chief Marketing Officer: Branding and Marketing

The all-expenses paid day at Infusionsoft covers one night’s stay at a hotel of Infusionsoft's selection, two-day car rental and a per diem allowance for food (total expenses not to exceed $500).

  1. Complete Marketing and Promotional Package (valued at $3750) to promote your app
    1. InfusionCon Marketing Package
    2. Login Notification (advertisement) to Infusionsoft users
    3. Website reference: highlight and feature
    4. Premium placement in Marketplace
    5. Literature reference of winning App
    6. Digital badge as the Kick Apps Champion
    7.                                  ii.    Second Place winner will win:
      1. $5,000 Cash
      2. Stage time at InfusionCon 2013 to present your entry
      3. Complete Marketing and Promotional Package (valued at $3750) to promote your app
        1. InfusionCon Marketing Package
        2. Login Notification (advertisement) to Infusionsoft users
        3. Website reference: highlight and feature
        4. Premium placement in Marketplace
        5. Literature reference of winning App
        6. Digital badge as a Battle of the Apps finalist
        7.                                 iii.    Third Place winner will win:
          1. $2,500 Cash
          2. Stage time at InfusionCon 2013 to present your entry
          3. Complete Marketing and Promotional Package (valued at $3750) to promote your app
            1. InfusionCon Marketing Package
            2. Login Notification (advertisement) to Infusionsoft users
            3. Website reference: highlight and feature
            4. Premium placement in Marketplace
            5. Literature reference of winning App
            6. Digital badge as a Battle of the Apps finalist
            7.                                iv.    Fourth Place winner will win:
              1. $2,500 Cash
              2. Stage time at InfusionCon 2013 to present your entry
              3. Complete Marketing and Promotional Package (valued at $3750) to promote your app
                1. InfusionCon Marketing Package
                2. Login Notification (advertisement) to Infusionsoft users
                3. Website reference: highlight and feature
                4. Premium placement in Marketplace
                5. Literature reference of winning App
                6. Digital badge as a Battle of the Apps finalist
                7.                                 v.    App Innovator Finalists (the fourteen top Entries) will each win:
                  1. Digital badge as an App Innovator
                  2. Reference in InfusionCon literature
                  3. Highlight Marketplace listing
                  4. Reference in the App Showcase held at InfusionCon
                  5. For the avoidance of any doubt, the App Innovator Finalists selected as the KickApps Champion, Second Place, Third Place and Fourth Place winners will also receive the App Innovator Finalist Prize.

9.2           All Prizes are contingent on Contestant's compliance with these Rules.

9.3          Infusionsoft is not responsible for decisions on the division or distribution of any prize among or between team members or Business Entities or team Entries. Instead, the decision on how to distribute or divide any prize among individual team members or within Business Entities is the sole responsibility of the participating team or Business Entity. Each Contestant hereby expressly waives any claim they may have against Infusionsoft relating to the division of any prize among team members or Business Entities and expressly agrees to indemnify and hold harmless Infusionsoft from and against any and all claims relating to such allocation of prizes and agrees that Infusionsoft may offset against the amount of any prize to be awarded the amount of costs incurred by Infusionsoft, including any legal or other professional fees, arising from and relating to any such claim or dispute.

9.4          The payment to potential prize recipients is subject to the express requirement that the Contestant submit to Infusionsoft all documentation requested by Infusionsoft to permit it to comply with all applicable United States, state, local and foreign (including provincial) tax reporting and withholding requirements. Any prize will be net of any taxes Infusionsoft may be required to withhold (and Infusionsoft may rely upon the advice of its accountants to determine withholding, which decision shall be final and binding). The winning Contestant(s) shall be responsible for ensuring compliance with all the applicable tax laws and filing requirements and the payment of all taxes that may be assessed against the Contestant on account of their receipt of a prize. If a Contestant fails to comply with the requirements of these Rules, the right to receive the prize may be forfeited and Infusionsoft may, in its sole discretion, select an alternative prize recipient.

9.5          CONTEST PRIZE VALIDATION AGREEMENT: All Contestants who are App Innovator Finalists will be required to complete and enter into a Contest Prize Validation Agreement and/or other documents prior to being identified as a Finalist or receiving a prize. The Contest Prize Validation Agreement will contain (i) an affidavit as to the requirements for eligibility in the Competition, (ii) a publicity release providing Infusionsoft the right to use the Contestant’s name, likeness and/or appearance at the InfusionCon, the Infusionsoft web site and in related media promoting Infusionsoft, including the Competition and the InfusionCon, (iii) an indemnification agreement relating to any breach of warranties made by Contestant under these Rules and (iv) such other provisions that may be required to comply with laws applicable to the awarding of the prize, including tax requirements. If a team or Business Entity is selected as a potential prize recipient, all members of the team or a person with the authority to bind the Business Entity, must enter into the Contest Prize Validation Agreement, which will also provide how the prize should be awarded. Failure to comply with this requirement or to submit any of these documents within the time period specified in an email from Infusionsoft providing the Agreement may mean that the Entry will no longer be eligible to win the applicable prize and Infusionsoft may, in its sole discretion, select an alternative Contestant as an App Innovator Finalist and/or to receive the prize.

  1. INTELLECTUAL PROPERTY RIGHTS: As between Infusionsoft and the Contestant, the Contestant retains ownership of all intellectual and industrial property rights in and to the Entry, including the right to offer and distribute the application commercially, except for the license rights granted in these Rules. In order for an application to be eligible as an Entry, each Contestant submitting the application must, and hereby does, grant Infusionsoft a perpetual, irrevocable, worldwide, transferable (including with the right to sublicense), free and non-exclusive license to (i) use, reproduce, publicly perform and publicly display the material that Contestant submits to this Competition for the purposes of allowing Infusionsoft to use, test and evaluate the Entry for purposes of the Competition, to administer the technical and other requirements of the Competition including distribution of the Entry to the Judges, and to advertise, display, demonstrate or otherwise promote the Competition, the InfusionCon and Infusionsoft. Contestant specifically agrees that Infusionsoft shall have the right to use, reproduce, publicly perform and publicly display the Entry in connection with the advertising and promotion of the Competition, the InfusionCon event and Infusionsoft software via communication to the public or other groups, including, without limitation, the right to make screenshots, animations and video clips available for promotional purposes.  Contestant also hereby grants to the judges a limited, non-exclusive, transferable (including the right to sublicense), free and worldwide license to install, perform, display and use the Entry on any compatible computing device. If Contestant chooses, Contestant may enable technical measures in their Entry to prevent use of the Entry beyond a certain date provided that, in order to be eligible for a prize, the date is later than March 29, 2013 or any modified, later date marking the end of the Competition. Contestant may not charge a fee for the download of an Entry by Infusionsoft or any of the judges.
  2. PUBLICITY RELEASE: Each Contestant hereby grants Infusionsoft the right to use, publicly display, publish and reproduce, for all purposes, including publicity, promotion and advertising, in any media, online or offline, Contestant’s name, city, state and country of residence, voice, photograph, likeness and image, including any video and other images and audio files submitted by Contestant in connection with the Competition or obtained by Infusionsoft at the InfusionCon, and create, use, publish and reproduce derivative works thereof (collectively, “Publicity Materials”). Contestant hereby waives any right Contestant may have to inspect or approve the Publicity Materials, as used in connection with the Competition or the InfusionCon, and any and all right to receive compensation of any kind on account of such use based on claims of the Contestant as to the rights of privacy, publicity, notoriety or any other rights arising out of or relating to any use by Infusionsoft of the Contestant’s name, likeness or appearance, and/or the content of their Entry.
  3. REGISTRATION INFORMATION; PRIVACY AND PUBLICITY: Administrator collects personal information from you when you enter the Competition. The information collected is subject to Administrator’s privacy policy, located at http://ChallengePost.com/privacy. In addition, each Contestant agrees that personal data entered during registration for the Competition, including name, mailing address, phone number, email address, video content (including images of individuals) and, if applicable, team or Business Entity may be processed, stored and otherwise used for the purposes and within the context of the Competition. This data will be maintained in accordance with the Infusionsoft Privacy Policy. This data will also be transferred into the United States. By registering for the Competition, Contestants expressly agree to the transmission, processing and storage of this personal data in the United States for the purposes of running and promoting the Competition and the winners of prizes. By accepting a prize, a Contestant (including each member of a team or Business Entity) agrees and consents to Infusionsoft and its agencies’ use of the Contestant’s name and/or likeness to identify the party submitting the prize-winning Entry a reasonable time after completion of the Competition in promotional and advertising materials of Infusionsoft (and its partners, contractors and agents) as a winner of the Competition, without additional compensation, unless prohibited by law. Each Contestant hereby acknowledges the collection, distribution and retention of personal data described herein and, accordingly, each Contestant, by registering and/or submitting an Entry, consents to such collection, retention and use of their personal data.  Each Contestant also understands this data may be used by Infusionsoft in order to verify a Contestant's identity, address, telephone number and eligibility to receive a prize in the event a Contestant is chosen to potentially receive a prize. Each Contestant has the right to access, review, rectify or cancel any personal data held by Infusionsoft in connection with the Competition by writing to Infusionsoft at the address listed above. If a Contestant does not provide the data required at submission of an application, that Contestant will be ineligible.
  4. WARRANTY: Each Contestant, by registering and submitting any Entry, warrants that their registration information is accurate and that that they are the sole and exclusive owner and/or authorized licensee of all rights in and to the content of their submitted Entry, that no third parties will make any challenges or claims as to ownership or fraud, and that they have the right to submit the Entry in the Competition and grant all required licenses under these Rules. Each Contestant warrants that the Contestant has not submitted any Entry 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 or confidentiality obligations; or (2) otherwise violates applicable U.S. law or the law of the Contestant's country of residence.
  5. RELEASE AND INDEMNITY:  To the maximum extent permitted by law, each Contestant releases and indemnifies a Infusionsoft and Administrator at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Contestant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Contestant agrees to defend, indemnify and hold harmless Administrator, Infusionsoft and the Judges, their affiliates and their respective directors, officers, employees and agents 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 material uploaded or otherwise provided by the Contestant 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 Contestant in connection with the Competition; (c) any non-compliance by the Contestant with these Rules; and (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the Contestant's involvement with the Competition. To the extent permitted by law, Contestant agrees to hold each of Administrator and Infusionsoft, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Competition and/or use or acceptance of any Prize, except to the extent that any death or personal injury is caused by the negligence of Infusionsoft or Administrator. Neither Infusionsoft nor Administrator is responsible for any claims or disputes between one Contestant and any other Contestant regarding the ownership of the Entry or the content within the Entry. Infusionsoft may disqualify any individual Contestant, Business Entity or Team, without recourse and in its sole discretion, if any such claim or dispute arises. In addition, each Contestant hereby agrees that if any such claim or dispute arises, Infusionsoft may reduce the amount of any prize awarded to the Contestants who submitted the Entry by the reasonable amount of any expenses and any costs or damages (including settlement payments) made by Infusionsoft in connection therewith.
  6. LIMITS OF LIABILITY; INFUSIONSOFT RIGHT TO SEEK DAMAGES: Infusionsoft is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, including, without limitation, any delay or failure of delivery of any notice or other communications concerning the Competition or any Entry or award or delivery of any prize. Infusionsoft is not responsible for theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Infusionsoft is not responsible for inaccurate transmissions of or failure to receive Entry information by Infusionsoft on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof.
  7. RIGHT TO CANCEL COMPETITION; RIGHT TO MODIFY RULES;  If for any reason the Competition 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 Competition, Infusionsoft reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition. Each Contestant who registers for the Competition will receive email notification of any such action.Infusionsoft also reserves the right to modify these Rules at any time prior to completion of the Competition to address any legal or other requirement that may arise in connection with the Competition. Each Contestant who registers for the Competition will receive email notification of any such change in the Rules.
  8. GOVERNING LAW; FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to and construed in accordance with the laws of the State of Arizona, United States of America, excluding all conflict of law rules. If any provision in these Rules is held to be invalid or unenforceable, such provision shall be modified to the extent legally permissible to most closely implement the intention of such provision and all other 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 Competition are hereby excluded, and all Contestants expressly waive any and all such rights.
  9. ARBITRATION: By entering the Competition, each Contestant agrees that exclusive jurisdiction for any dispute, claim or demand related in any way to the Competition will be decided by binding arbitration. Any and all disputes, controversies and claims arising out of or relating to this Agreement or concerning the respective rights or obligations of the parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator pursuant to the Commercial Rules of the American Arbitration Association then in effect. The foregoing notwithstanding, each party shall have no more than three (3) days to present its case to the arbitrator. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The parties agree that the arbitrators shall have the power to award damages, injunctive relief and reasonable attorneys' fees and expenses to any prevailing party in such arbitration.
  10. WINNER'S LIST: You may request a list of winners after June 30, 2013 by writing to: Infusionsoft Battle of the Apps, Infusionsoft, Inc., 2065 W. Obispo Ave., Suite 103, Gilbert, AZ 85233, USA.
  11. INTERPRETATIONS OF RULES: Where Infusionsoft has provided you with a translation of the English language version of the Rules, then you agree that the translation is provided for your convenience only and that the English language versions of the Rules will govern your relationship with Infusionsoft. If there is any contradiction between what the English language version of the Rules says and what a translation says, then the English language version shall take precedence. All time references in these Rules shall be to Pacific Daylight Time in the United States.
  12. GENERAL CONDITIONS:

21.1       Prizes are awarded without warranty of any kind from Infusionsoft or Administrator, express or implied, without limitation, warranties ot title, non-infringement, merchantabiliyt and fitness for particular purpose; except where this would be contrary to federal, state, provincial, or local laws or regulations.

21.2       All federal, state, provincial and local laws and regulations apply. Submission of Entry into this Competition deems that Contestants agree to be bound by these Rules and by the decisions of Infusionsoft, Administrator and the Judges, which are final and binding on all matters pertaining to this Competition. Under no circumstances shall the submission of an Entry in the Competition, the awarding of a prize or anything in these Rules be construed as an offer or contract of employment with Infusionsoft or Administrator. Failure to respond within any time period specified in the email notification of potential award of a prize may result in disqualification and selection of an alternate prize recipient. A Contestant may be prohibited from participating in this Competition if, in either Infusionsoft's sole discretion or Administrator’s sole discretion, either reasonably believes that the Contestant has attempted to undermine the legitimate operation of the Competition by cheating, deception or other unfair voting or other practices or annoys, abuses, threatens or harasses any other Contestants, Infusionsoft, Administrator or the Judges.

21.3       You acknowledge and understand that Infusionsoft, its business partners and others may independently develop applications that may be similar to or identical to your Entry in terms of idea, functionality or in other respects. You agree that you will not be entitled to any rights in, or compensation in connection with, any such similar or identical applications and/or ideas as a result of your submission of any application or description of any application in a video or other submission or communications with Infusionsoft. You acknowledge that you have submitted your Entry 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 Infusionsoft and that no such relationship is established by your registration in the Competition or any submission of an Entry to Infusionsoft under these Rules.

21.4       You acknowledge that Entries may be subject to United States export and import laws, regardless of location or nationality. You agree to comply with all applicable export and import controls, including, but not limited to, the United States Department of Commerce's Export Administration Regulations, sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control and any export laws applicable in your country of residence. You warrant that all of your Entries are authorized for import into, and export from, the United States under these laws.

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