Legal

Terms and conditions for the Vodafone Foundation Smart Accessibility Award

(the "Competition")

By entering the Competition, you agree to be bound by these terms and conditions (these "Terms and Conditions").  Promotional materials relating to the Competition, including all information on how to enter the Competition, also form part of these Terms and Conditions.  In the event of any conflict between any terms referred to in such promotional materials and these Terms and Conditions, these Terms and Conditions take precedence.

1. The promoter of this Competition is Vodafone Foundation a registered charity (no. 1089625) whose address is 1 Kingdom Street, London, W2 6BY ("Vodafone").

2. Participants must be at least 18 years old. Participants legally resident within Italy are not eligible to enter this Competition. Employees of Vodafone, Vodafone Group Services Limited, Guardian Media Group plc, the European Disability Forum, AGE Platform Europe, Skywrite Communications Limited, Vodafone Group Plc or any of its subsidiary or affiliated companies and anyone otherwise connected with operation or fulfilment of the Competition are not eligible to take part.  Vodafone reserves the right to require participants to prove that they are eligible.  If the winner of the prize is found to be ineligible, Vodafone reserves the right to award the prize to another participant and to require the return of any prize already awarded.

3. The Competition commences on 14 June 2011 and all entries must be received by 12:00 GMT on the closing date of 15 October 2011.

4. The Competition will operate on the website at the following URL address: http://developer.vodafone.com/smartaccess2011/ (the "Website").  To enter the Competition you must sign up to the Developer Platform and accept the terms of the Vodafone Widgets Developer Agreement (https://widget.vodafone.com/dev/signup) with Vodafone Sales and Services Limited, (company number 06844137), whose registered address is at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN. Details of how to submit your entry can be found on http://developer.vodafone.com/smartaccess2011/. Your entry must be in English (entries in other languages shall not be considered) and must include a description of how the application works and the presumed benefits for the applicable category listed in Section 5.  You may submit more than one entry to the Competition, but each entry that you submit to the Competition shall only be eligible to win one of the prizes. 

5. The prizes to be won are four (4) prizes of fifty thousand Euros (€50,000), each prize shall be awarded to the winning application in the following four different categories:

1. Social participation: it refers to applications which help users to participate actively in today's society and benefit from the facilities that the new technologies can offer, whatever their age, disability and/or capacity (E.g. use the web and social media through mobile devices, contact people using mobile devices to the same extent as everyone, etc).
2. Independent living: it refers to applications which help users to be more autonomous and perform daily tasks independently (E.g. using domestic appliances such as washing machine or refrigerator, opening doors safely, etc).
3. Mobility: it refers to applications which enable users to move around more freely and safely using the whole range of transport modes. It can also refer to the use of mobile devices to be guided in unknown environment (e.g. using GPS option, etc).
4. Wellbeing: it refers to applications which improve the users' health as well as overall feeling of wellbeing.

All participants including the Finalists are responsible for paying all associated costs that are not specifically stated in these Terms and Conditions. Finalists shall receive reimbursement for their reasonable travelling costs (where applicable) related to the Final, each Finalist shall be entitled to claim for: transport to the Final (e.g. costs of petrol, standard return train, bus or plane ticket), accommodation for one (1) person for one (1) night and costs for one (1) person of meals for two (2) days only, Finalists shall only receive such reimbursement if such costs are deemed reasonable by Vodafone and on the production of valid receipts. The winners are also personally responsible for any personal or incidental expenses and any VAT, national and/or local tax liabilities incurred in claiming or using the prize.  The prize is as stated and is non-exchangeable and non-transferable.  There is no other alternative to the prize in whole or in part, and the winners shall commit that they shall use their respective prizes solely for the implementation and/or exploitation of their winning application and the marketing thereof. By participating in the Competition,you agree that the prize is awarded on an "as is" basis, and that neither Vodafone nor any of its subsidiary or affiliated companies, make any representations or warranties of any nature with respect to the prize.    

6. Selection Criteria: All submitted applications will be evaluated according to the following criteria:

a) Effectiveness: The application submitted should provide real and substantial benefit to the targeted users in overcoming the obstacles related to their disability and improving their everyday life, targeting an equivalent use as for non-disabled people.

b) Availability and affordability: Participants are encouraged tomaximize the number of potential users that might benefit from the application and to write applications that can be distributed across as many mainstream platforms as possible. All applications must operate on the Android platform version 2.2 (or above) and must meet the terms and conditions of Vodafone Widgets Developer Agreement (https://widget.vodafone.com/dev/signup). Developers are encouraged to make the application relevant to users in as many countries as possible. Availability of the applications in more languages will also be positively evaluated. To maximise the number of potential users that might benefit from the application, the expected charges, if any, to be sought from the user will also be taken into account in the evaluation of the application. Such application should not cost more than the equivalent (if any) application intended for non-disabled users.

c) User-friendliness, usability and accessibility: The application’s user-friendliness and usability will be an important factor in the evaluation of the applications. Consideration will also be given to the ease by which the application can be installed and downloaded. Applications should also meet accessibility requirements.

d) Design for All: By “Design for All” meaning universal design: “the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design” (Article 2 of United Nations Convention on the Rights of Persons with Disabilities). Many users experience multiple disabilities. With ageing, older people in particular tend to develop concurring hearing, visual, cognitive and mobility impairments. Applications that accommodate all these needs in a concept of “Design for All” will be positively evaluated. Persons with disabilities form a heterogeneous group with many different accessibility criteria. Development of assistive technologies and interoperability between different technologies are the key elements in the evaluation. In particular, developed applications should be compatible with information and communications technology assistive devices (such as text-to-speech devices for blind users) in order to accommodate the specific needs of older people and persons with disabilities.

Selection of the four winners of the Competition shall take place in a two stage process.

         i. Stage One – Selection Round: All qualifying entries will be evaluated in the last weeks of November by a jury, consisting of representatives from Vodafone Foundation, European Disability Forum and AGE Platform Europe (the "Preliminary Jury"). The Preliminary Jury will select 12 entries (the "Finalists") at its sole discretion, Finalists shall be notified by email by 15 November 2011.

       ii. Stage Two – Final Round in Brussels: Finalists shall be requested to present their application in English through delivering material (presentation, video, screenshots) before the jury in Brussels (Vodafone shall notify the Finalists of the exact date and location of the final by 15 November 2011)(the “Final”), consisting of representatives from Vodafone Foundation, Vodafone Group Services Limited, Guardian Media Group plc the European Disability Forum and AGE Platform Europe (the “Final Jury”). Finalists shall receive a reimbursement for their reasonable travelling costs in travelling to the Final. Finalists must be present at the Final to be eligible to be a winner, and Finalists who fail to deliver material and further information about their application at the Final forfeit their place and the Final Jury shall be entitled but not obliged to offer the forfeited place to any other Finalist. The winners will be selected at the Final and the Final Jury’s decision is final.  In the event of a tie, the Vodafone Foundation’s representative will abstain from voting.  The panel of judges, whose decision shall be final, will choose the most apt entry from all complete, eligible, properly submitted entries received by 15 October 2011.

7. The winners will be notified at the Final by Vodafone. The winners may be required to submit valid identification and valid banking details before receiving their prize. The prizes will be delivered to the winners via bank transfer within ten (10) business days of the Final, unless otherwise indicated by Vodafone.     

8. In the event that, for reasons beyond the reasonable control of Vodafone and not related to the winner, Vodafone is unable to award the prize as described in these Terms and Conditions, Vodafone reserves the right to award a prize of a similar nature and an equivalent value.  In the event of a printing or other error resulting in there being more winners than prizes for the Competition, Vodafone reserves the right at any time to allocate the available prizes by the means of a prize draw or to divide the prize or the value of the prize between the winners of the Competition.

9. By entering the Competition, you agree to participate in publicity activities in relation to the Competition, including participating in videos, photographs, recordings/sounds and statements and you hereby grant Vodafone, Vodafone Sales and Services Limited, Vodafone Group Plc and all subsidiaries of Vodafone Group Plc the right to use, copy, distribute, publish, display and exhibit such material, without further reference, payment or other compensation. This includes making your name, photograph and a description of your application available on the Website between 14 June 2011 and 30 April 2012. You also may be obliged to enter into a separate release agreement in relation to publicity activities mentioned in this clause surrounding the Competition. Details of all the winners will also be available to participants and the public by sending a request for the same by email to smartacess@vodafone.com no later than 30 April 2012. You agree to not engage in any other publicity or promotional activities or make any public announcement about their participation in the Competition without the prior written consent of Vodafone.

10. Vodafone will collect and process your personal information in order to conduct the Competition and it will be shared with Guardian Media Group plc, the European Disability Forum, AGE Platform Europe, Skywrite Communications Limited as well as Vodafone's agents to the extent necessary for the prize to be delivered to the winner.  If you do not provide any of the information requested when entering the Competition, you may not take part in the Competition.  Your names and other personal details from your entry to the Competition will be collected and stored by Vodafone. Please also see the privacy statement in Section 4.3 of the Vodafone Widgets Developer Agreement. 

11.  Vodafone reserves the right to modify, cancel, terminate or suspend the Competition in whole or in part, at its sole discretion,ifit believes the Competition is not capable of being conducted as specified within these Terms and Conditions or in the event of a virus, a computer bug or unauthorised human intervention or any other cause that is beyond the reasonable control of Vodafone that could corrupt or affect the administration, security, impartiality or normal course of the Competition.Neither Vodafone nor Vodafone Group Plc or any of its subsidiary or affiliated companies are responsible for any condition, circumstances, losses, failures or delays caused by events beyond its or their control such as (but not limited to) the acts or defaults of European Disability Forum, AGE Platform Europe or Guardian Media Group plc, Skywrite Communications Limited or otherwise that may cause the Competition to be disrupted or corrupted, or that may lead to loss or damage of prizes in transit to the winner.

12. Save where it has been negligent, Vodafone will not be responsible for any damage, loss or injury resulting from participants' entry into the Competition or their acceptance and/or use of the prize, or for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit their ability to participate in the Competition.  Vodafone will not be responsible for any lost, damaged, defaced, incomplete, illegible or otherwise unreadable entries. 

13. Any illegible, incomplete or fraudulent entries will be rejected.  Any participant who enters or attempts to enter the Competition in a manner, which in Vodafone's reasonable determination is contrary to these Terms and Conditions or by its nature is unjust to other participants (including without limitation tampering with the operation of the Competition, cheating, hacking, deception or any other unfair playing practices such as intending to annoy, abuse, threaten or harass any other participants or Vodafone and/or any of its agents or representatives) may be rejected from the Competition at Vodafone's sole discretion.  Furthermore, where such actions have significantly impaired the Competition, Vodafone may, at its sole discretion, add further stages to the Competition as it deems reasonably necessary in order to resolve any problems arising as a result of such actions.

14. By participating in the Competition, you agree to release and hold Vodafone Foundation, Vodafone Sales and Services, Vodafone Group Plc, its subsidiaries and affiliated companies, together with their respective employees, officers, directors, agents and representatives, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with participating in the Competition or resulting from your acceptance or use of the prize, provided that nothing in these Terms and Conditions shall in any way limit Vodafone's liability for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.

15. All decisions of Vodafone in relation to the Competition are final in all matters and Vodafone will not enter into any correspondence with participants other than the Finalists and the winners.  

16. These Terms and Conditions are governed by English law.  The courts of England and Wales shall have exclusive jurisdiction to hear any dispute or claim arising in association with the Competition or these Terms and Conditions.