The Gemini API Developer Competition
Sponsored by Google LLC
Official Rules
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
VALID ONLY FOR ENTRANTS (MEETING THE REQUIRED ELIGIBILITY AS STATED BELOW IN SECTION 4) IN THE FOLLOWING
COUNTRIES/TERRITORIES: ALGERIA, AMERICAN SAMOA, ANGOLA, ANGUILLA, ANTARCTICA, ANTIGUA AND BARBUDA, ARGENTINA, ARMENIA, ARUBA, AUSTRALIA, AUSTRIA, AZERBAIJAN, BAHRAIN, BANGLADESH, BARBADOS, BELGIUM, BELIZE, BENIN, BERMUDA, BHUTAN, BOLIVIA, BOTSWANA, BRAZIL, BRITISH INDIAN OCEAN TERRITORY, BRITISH VIRGIN ISLANDS, BRUNEI, BULGARIA, BURKINA FASO, BURUNDI, CABO VERDE, CAMBODIA, CAMEROON, CANADA, CARIBBEAN NETHERLANDS, CAYMAN ISLANDS, CENTRAL AFRICAN REPUBLIC, CHAD, CHILE, CHRISTMAS ISLAND, COCOS (KEELING) ISLANDS, COLOMBIA, COMOROS, COOK ISLANDS, COSTA RICA, CÔTE D'IVOIRE, CROATIA, CURAÇAO, CYPRUS, CZECH REPUBLIC (CZECHIA), DEMOCRATIC REPUBLIC OF THE CONGO, DENMARK, DJIBOUTI, DOMINICA, DOMINICAN REPUBLIC, ECUADOR, EGYPT, EL SALVADOR, EQUATORIAL GUINEA, ERITREA, ESTONIA, ESWATINI, ETHIOPIA, FALKLAND ISLANDS (ISLAS MALVINAS), FIJI, FINLAND, FRANCE, GABON, GEORGIA, GERMANY, GHANA, GIBRALTAR, GREECE, GRENADA, GUAM, GUATEMALA, GUERNSEY, GUINEA, GUINEA-BISSAU, GUYANA, HAITI, HEARD ISLAND AND MCDONALD ISLANDS, HONDURAS, HUNGARY, ICELAND, INDIA, INDONESIA, IRAQ, IRELAND, ISLE OF MAN, ISRAEL, ITALY, JAMAICA, JAPAN, JERSEY, JORDAN, KAZAKHSTAN, KENYA, KIRIBATI, KUWAIT, KYRGYZSTAN, LAOS, LATVIA, LEBANON, LESOTHO, LIBERIA, LIBYA, LIECHTENSTEIN, LITHUANIA, LUXEMBOURG, MADAGASCAR, MALAWI, MALAYSIA, MALDIVES, MALI, MALTA, MARSHALL ISLANDS, MAURITANIA, MAURITIUS, MEXICO, MICRONESIA, MONGOLIA, MONTSERRAT, MOROCCO, MOZAMBIQUE, NAMIBIA, NAURU, NEPAL, NETHERLANDS, NEW CALEDONIA, NEW ZEALAND, NICARAGUA, NIGER, NIGERIA, NIUE, NORFOLK ISLAND, NORTHERN MARIANA ISLANDS, NORWAY, OMAN, PAKISTAN, PALAU, PALESTINE, PANAMA, PAPUA NEW GUINEA, PARAGUAY, PERU, PHILIPPINES, PITCAIRN ISLANDS, POLAND, PORTUGAL, PUERTO RICO, QATAR, REPUBLIC OF THE CONGO, ROMANIA, RWANDA, SAINT BARTHÉLEMY, SAINT HELENA, ASCENSION AND TRISTAN DA CUNHA, SAINT KITTS AND NEVIS, SAINT LUCIA, SAINT PIERRE AND MIQUELON, SAINT VINCENT AND THE GRENADINES, SAMOA, SÃO TOMÉ AND PRÍNCIPE, SAUDI ARABIA, SENEGAL, SEYCHELLES, SIERRA LEONE, SINGAPORE, SLOVAKIA, SLOVENIA, SOLOMON ISLANDS, SOMALIA, SOUTH AFRICA, SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS, SOUTH KOREA, SOUTH SUDAN, SPAIN, SRI LANKA, SUDAN, SURINAME, SWEDEN, SWITZERLAND, TAIWAN, TAJIKISTAN, TANZANIA, THAILAND, THE BAHAMAS, THE GAMBIA, TIMOR-LESTE, TOGO, TOKELAU, TONGA, TRINIDAD AND TOBAGO, TUNISIA, TÜRKIYE, TURKMENISTAN, TURKS AND CAICOS ISLANDS, TUVALU, U.S. VIRGIN ISLANDS, UGANDA, UK, UNITED ARAB EMIRATES, UNITED STATES, UNITED STATES MINOR OUTLYING ISLANDS, URUGUAY, UZBEKISTAN, VANUATU, VENEZUELA, VIETNAM, WALLIS AND FUTUNA, WESTERN SAHARA, YEMEN, ZAMBIA, AND ZIMBABWE. PARTICIPATION IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
These Official Rules were drafted in English but may be translated into other languages. In the event of any conflict
or inconsistency between any translated version of the Official Rules and the English version of the Official Rules,
the English version shall prevail, govern and control unless expressly prohibited by applicable law. Void outside of
the listed countries and where prohibited by law, rule or regulation.
The Gemini API Developer Competition (the “Promotion”) is a skill-based challenge where entrants who meet all
eligibility requirements may submit an entry form (“form”), and a video demonstration of their application (the
“app”) that introduces a new and/or innovative app/project. The app/project integrates a publicly available Gemini
model* via the Gemini API.
*No purchase is necessary to enter or win. Participation is free, and all entrants have an equal chance of winning,
regardless of whether they choose to upgrade to a paid tier on any PUBLICLY available model. While paid tiers may
offer benefits such as increased rate limits, they will not influence the selection of the winner. The winner will
be chosen based on the criteria outlined in these Official Rules.
In order to participate in the Promotion, you must agree to these Official Rules (“Rules”), the Sponsor’s Privacy
Policy (https://policies.google.com/privacy) and terms
of use of Google products. Each entry submitted to the Promotion will be evaluated and winners will be
chosen/determined in accordance with these Rules. See below for complete details including how to enter, entry
requirements and judging criteria.
1. BINDING AGREEMENT:
To enter the Promotion, You (“You” or “Entrant”) must agree to these Rules. You agree that Submission of Your entry
signifies Your agreement to these Rules. Unless You agree to and comply with these Rules, You may not submit an
entry to the Promotion, and You are not eligible to receive any prize described in these Rules. These Rules form a
binding legal agreement between You and the Sponsor (defined below) with respect to this Promotion, so read them
carefully before entering. Without limitation, this agreement requires You to indemnify and release all claims
against the Promotion Entities and to agree to arbitration with no class relief and a limitation of Your rights and
remedies. All disputes will be resolved by binding arbitration with no class relief, as further explained below.
COUNTRY SPECIFIC NOTICES:
If any provision of these rules is invalid under the law, rules or regulations of a particular country, it will only
apply to the extent permitted. In addition to the tax liability disclosures in these Official Rules, winners are
subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and
regulations of the winner’s country of residence. By entering the Promotion, Entrants hereby expressly agree and
accept that for all that is related to the interpretation, performance and enforcement of these Rules, each of them
expressly submit themselves to the laws of the United States of America and to the jurisdiction of the competent
courts in Santa Clara County, in the State of California, United States of America, expressly waiving to any other
jurisdiction that could correspond to them by virtue of their present or future domicile or by virtue of any other
cause.
GOVERNING LAW/JURISDICTION:
Unless the laws relevant for the domicile of the Entrant provide otherwise, all issues and questions concerning the
construction, validity, interpretation and enforceability of these Rules or the rights and obligations of Entrants
or Sponsor in connection with the Promotion shall be governed by and construed in accordance with the laws of
Mountain View, California, United States.
The Promotion is sponsored by Google LLC, 1600 Amphitheatre Pkwy, Mountain View, CA 94043 USA (“Google” or
“Sponsor”).
The Promotion begins when Submissions are accepted beginning at:
12:00 pm Greenwich Mean Time
May 14, 2024
until 11:59 pm Greenwich Mean Time
August 12, 2024
(the “Promotion Period”).
ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
4. ELIGIBILITY:
You must, at the time of Your participation and throughout the Promotion Period: (1) be an individual legal resident
of one of the 50 United States, including the District of Columbia or one of the following countries or territories:
Algeria, American Samoa, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Botswana, Brazil, British Indian Ocean Territory, British Virgin Islands, Brunei, Bulgaria, Burkina Faso, Burundi, Cabo Verde, Cambodia, Cameroon, Canada, Caribbean Netherlands, Cayman Islands, Central African Republic, Chad, Chile, Christmas Island, Cocos (Keeling) Islands, Colombia, Comoros, Cook Islands, Costa Rica, Côte d'Ivoire, Croatia, Curaçao, Czech Republic (Czechia), Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Eswatini, Ethiopia, Falkland Islands (Islas Malvinas), Fiji, Finland, France, Gabon, Georgia, Germany, Ghana, Gibraltar, Greece, Grenada, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard Island and McDonald Islands, Honduras, Hungary, Iceland, India, Indonesia, Iraq, Ireland, Isle of Man, Israel, Italy, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Montserrat, Morocco, Mozambique, Namibia, Nauru, Nepal, Netherlands, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Northern Mariana Islands, Norway, Oman, Pakistan, Palau, Palestine, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Poland, Portugal, Puerto Rico, Qatar, Republic of Cyprus, Republic of the Congo, Romania, Rwanda, Saint Barthélemy, Saint Helena, Ascension and Tristan da Cunha, Saint Kitts and Nevis, Saint Lucia, Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Samoa, São Tomé and Príncipe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia and the South Sandwich Islands, South Korea, South Sudan, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Thailand, The Bahamas, The Gambia, Timor-Leste, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Türkiye, Turkmenistan, Turks and Caicos Islands, Tuvalu, U.S. Virgin Islands, Uganda, UK, United Arab Emirates, United States, United States Minor Outlying Islands, Uruguay, Uzbekistan, Vanuatu, Venezuela, Vietnam, Wallis and Futuna, Western Sahara, Yemen, Zambia, or Zimbabwe; (2) be over the age of majority in Your jurisdiction of residence; (3) apply as
an individual, not as part of a group; and (4) not be a person or entity under U.S. export controls or sanctions
or prohibited from entering under any other applicable laws (the “Entrant”). All national and local laws and
regulations of the Entrant’s country of residence apply. Residents of countries under the U.S. embargo are not
eligible to enter. The Promotion is void where prohibited by law.
Google employees, officers, directors, interns, contractors, representatives, agents and official office-holders of
Google, and their respective parent companies, subsidiaries, affiliates, and advertising and promotion agencies and
any company involved in the design, execution, production or judging of this promotion (collectively, the “Promotion
Entities”), and their immediate families (parents, siblings, children, spouses, and life partners of each, and their
respective spouses and life partners, regardless of where they live) and members of the households (whether related
or not) of Sponsor Entities are ineligible to participate in this Promotion.
The Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.
5. HOW TO ENTER:
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. To enter the Promotion, You must meet all eligibility
requirements listed above. Visit https://ai.google.dev/competition (“Promotion Site”) during the Promotion Period and
follow the directions provided to prepare Your video demonstration of your app that introduces a new and/or
innovative project that, integrates a publicly available Gemini model via the Gemini API and
optionally one (1) or more of the following Google products; Flutter, Android, Chrome, ARCore, or Firebase. Then,
submit the following information: (1) first name; (2) last name; (3) email address; (4) Country/Territory of
Residence; (5) upload Your video; and (6) supporting code (collectively, the “Submission”).
Submission must meet the following Submission requirements:
-
Create a new and innovative product or service that integrates a publicly available Gemini model via the
Gemini API.
- Submit an entry form, and a video demonstration of the application integrating a publicly available
Gemini model* via the Gemini API.
- Note: No purchase is necessary to enter or win. Participation is free, and all entrants have an equal
chance of winning, regardless of whether they choose to upgrade to a paid tier on any publicly available
model. While paid tiers may offer benefits such as increased rate limits, they will not influence the
selection of the winner. The winner will be chosen based on the criteria outlined in these Official
Rules.
- Optional: One or more of the following Google developer technologies may be used in conjunction with Gemini API:
Flutter, Android, Chrome/Web, ARCore, or Firebase.
- Maximum length of the video is 3 minutes. Minimum length of video is 30 seconds.
- Video submissions exceeding 3 minutes, only the first 3 minutes will be judged.
- Video submissions less than 30 seconds will be disqualified.
- You may use original recorded voice-overs, AI-modulated voices, or create AI-generated voices. There is no requirement for the type of voice that must be included.
- Code must be uploaded along with Your Submission. Failure to provide code may result in Your Submission being disqualified.
Please use the Submission page to upload Your video. If Your video exceeds 50 MB upload a low-res version and include a link to download the full-size version in the Submission form. Emailed Submissions will not be accepted.
By submitting a video with corresponding code, You warrant that Your Submission: • does not contain any content that infringes on any third party intellectual Property (IP) rights, and that You own or otherwise have all rights necessary for the Submission including any and all IP rights; • does not disclose any information which would constitute a violation of a confidentiality obligation; • does not contain any viruses, worms, spy ware, or other components or instructions that are malicious, deceptive, or designed to limit or harm the functionality of a computer; and • is not subject to license terms that require any software or documentation incorporating or being derived from Your contributions to be licensed to others.
Submissions containing any prohibited elements and/or that are in violation of a law or otherwise deemed by Sponsor, in its sole discretion, to be prejudicial to Sponsor or any other person or party affiliated with the Promotion or inappropriate in any way, may be disqualified. Sponsor may in its sole and absolute discretion disqualify any Entrant who is responsible for a Submission that Sponsor deems to violate the Submission requirements or these Rules. Sponsor may also, in its sole discretion, disqualify any Entrant who engages in behavior that is disparaging or derogatory of Sponsor, members of the judging panel or any other person or party affiliated with this Promotion, or of any other Entrant, or that is deemed unsportsmanlike by Sponsor.
Submissions are accepted at any time during the Promotion Period; but must be received by no later than 11:59 pm Greenwich Mean Time on August 12, 2024. Submissions are void if they are, in whole or in part, late, illegible, incomplete, altered, counterfeit, infringing on third party rights (including copyright), damaged, obtained through fraud, submitted through use of any automated means such as script, macro, bot, submitted by fraudulent means or by any means that subvert the Submission process, in Sponsor’s sole discretion.
Limit one (1) Submission per person regardless of the number of email addresses. Submissions uploaded by any person or email address in excess of the stated limitation will be void. All Submissions will be deemed made by the authorized account holder of the email address submitted at the time of Submission, who must comply with these Rules, and, if applicable, the potential Promotion winner may be required to show proof of being the authorized account holder for that email address. The "authorized account holder" is the person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email address for the domain.
EMPLOYER POLICIES AND CONSENTS:
If an Entrant uploads a Submission in the Promotion, and such Submission would violate any rule or policy of the Entrant’s employer, the Entrant may be deemed ineligible and disqualified immediately. If an Entrant desires to submit a Submission that was created during the course of employment, that is related to employment, or that is created using the employer’s property, the Entrant must also submit a written statement from the employer that acknowledges employer has read the terms of these Rules, that confirms the Submission does not contain any confidential, proprietary, or trade secret information, that confirms the Submission does not infringe on any copyrights, patents, confidential information, trade secrets, trademarks, or proprietary, industrial, privacy, right of publicity, or other rights belonging to the employer, and that confirms the Entrant has the right to submit such Submission on Entrant’s behalf as an individual and to claim a prize for such Submission on his or her own behalf, if selected as a winner. Entrant acknowledges and agrees that Sponsor may at any time request such documentation from Entrant, and at any time may inform Entrant’s employer and/or any third party of Entrant’s participation in the Promotion and/or receipt or potential receipt of any prize. If Entrant is not able to provide such documentation to Sponsor within five (5) business days, Sponsor may disqualify Entrant from eligibility to participate and to win a prize in the Promotion.
JUDGING ROUND
Sponsor will evaluate each Entrant and their Submission. Your Submission, including Your video and code will be evaluated based on following judging criteria (the “Judging Criteria”), weighted equally:
Submissions will be evaluated by Google judges who excel in the following five (5) categories as they relate to this challenge: impact, remarkability, creativity, usefulness, and execution. Each criteria will be scored on a scale of 1 (strongly disagree) to 5 (strongly agree). The judging criteria is as follows:
- Category 1: Impact
Is the solution easy and enjoyable to use for everyone, including people with disabilities? (maximum 5 points)
Does this solution have potential to contribute meaningfully to environmental sustainability?(maximum 5 points)
Does this solution have potential to contribute meaningfully to improving people's lives? (maximum 5 points)
- Category 2: Remarkability
Is the submission surprising to those that are well-versed in Large Language Models (“LLM”)? (maximum 5 points)
Is the submission surprising to those that are not well-versed in LLM? (maximum 5 points)
- Category 3: Creativity
Does the submission differ from existing, well known, applications in functionality? (maximum 5 points)
Does the submission differ from existing, well known, applications in user experience? (maximum 5 points)
Is the submission implemented through the use of creative problem-solving approaches? (maximum 5 points)
- Category 4: Usefulness
Does the submission include a well-defined target user persona/segmentation? (maximum 5 points)
Does the submission identify how the solution addresses specific user needs? (maximum 5 points)
How well does the solution, as implemented, help users meet these needs? (maximum 5 points)
- Category 5: Execution
Is the solution well-designed and adhere to software engineering practices? (maximum 5 points)
Is the LLM component of the solution well-designed and adhere to Machine Learning (ML)/LLM best practices? (maximum 5 points)
Maximum score: 65
In the event of a tie(s), Sponsor will rejudge the Submissions for overall video impact to determine the applicable winner. Sponsor’s decisions are final and binding.
Using the results of the Judging Criteria score, Sponsor will select eleven (11) potential winners as confirmed winners who will be eligible to receive a Prize (defined in “Prizes” section below) (collectively, the “Confirmed Winners”). To be a Confirmed Winner, Sponsor will notify each potential winner by e-mail as provided on the Submission (each a “Potential Winner”) on or after September 4, 2024 or until judging is complete. Each Potential Winner will be required to (a) respond to Sponsor’s notification, (b) sign and return a Statement of Eligibility and Release and complete a W9 (US residents only), WBEN (Canada residents only) or any tax documents as required by potential winner based on place of primary residence and (c) provide any additional information and documentation that may be required by Sponsor or its agents or representatives, within three (3) business days from the notification attempt. If a Potential Winner does not respond or provide required information and documentation within such time period or is not in compliance with these Rules, then such Potential Winner will be deemed to have forfeited the Prize and be disqualified and an alternate Potential Winner may be selected from among all remaining eligible highest ranking Entrants based on the selection criteria described herein. Notification by telephone will be deemed given when the Potential Winner engages in a live conversation with Sponsor (or its agents or representatives) or when a message is left on the Potential Winner’s voicemail service or answering machine, whichever occurs first. Notification by e-mail will be deemed given when the Potential Winner responds to Sponsor’s e-mail. All notification requirements, as well as other requirements within these Rules, will be strictly enforced.
*Best Overall Submission will be determined by the Entrant who has the highest score in the combined categories of Impact, Creativity and Usefulness. In the event of a tie, Sponsor will determine the Best Overall Submission Prize. Sponsor’s decision is final and binding.
**People’s Choice Award will be determined by online voting. To view submissions and vote go to promotion website at (https://ai.google.dev/competition) and follow link to People’s Choice Award. Submissions will be posted online from August 16, 2024 until at least August 26, 2024 or after for public voting. Voting will close on or after August 26, 2024. Submissions with the highest number of votes will be determined the winner of the People’s Choice Award. In the event of a tie, the Sponsor will determine the winner. Sponsor’s decision is final and binding.
7. PRIZES:
Subject to the terms of this section, the Prizes, are collectively referred to as the (“Prize”):
- Best Overall Submission: 1 winner: Classic DeLorean converted into an electric car plus $60,000 USD (fulfilled to winner as a check or wire transfer). Estimated retail value: $260,000 USD.
- Best Flutter app in Submission: 1 winner: $50,000 USD
- Best Android app in Submission: 1 winner: $50,000 USD
- Best Web app in Submission: 1 winner: $50,000 USD
- Best use of ARCore app in Submission: 1 winner: $50,000 USD
- Best use of Firebase app in Submission: 1 winner: $50,000 USD
- Most Creative app: 1 winner: $200,000 USD
- Best Game app: 1 winner: $50,000 USD
- Most Useful app: 1 winner: $200,000 USD
- Most Impactful app: 1 winner: $300,000 USD
- **People’s choice award: 1 winner: physical trophy (no retail value)
Total prize value: $1,260,000 USD
Entrants are eligible to win more than one (1) prize.
All Prize details are at Sponsor’s sole discretion. If Winner is unable to accept, use or access a prize or part of a prize for any reason (vehicle and/or cash) they will be disqualified and Sponsor will not be responsible for alternate compensation. By accepting a Prize, Confirmed Winners agree that, to the maximum extent permitted by law, but with the exception of death or personal injury caused by fault or negligence or intention of the Sponsor or of any claim, action, liability, loss, injury or damage caused by any negligent breach of these Rules, that Sponsor shall not be liable for damages, expenses or costs or losses of any kind resulting from the acceptance of, use of or inability to use the Prize or parts thereof including, without limitation, claims, suits, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, warranty or other theory. The Prize (or any portion thereof) is provided “as is” with no warranty or guarantee, either express or implied, by Sponsor. Based on the residential location of Best Overall Submission Winner, Best Overall Submission prize (the “vehicle”) may be broken down for shipping purposes and rebuilt at Winners residential location under the supervision of the company that modified the vehicle, at the expense of the Sponsor.
Additional disclosures for cash prizes: Winners from the United States or District of Columbia will receive their cash prize as a check (mailed to the address provided during the notification process as described in section 6 above). International Winners will receive their cash prize via wire transfer and will be required to submit wire transfer details. Funds will be issued within 4 to 6 weeks upon confirmation of Winners.
Additional disclosures for the Best Overall Submission Prize: Winner will be solely responsible for any federal, state and local taxes and all fees and expenses related to acceptance of prize not specified as paid by Sponsor herein, including licensing, insurance, title and registration fees costs incurred by winner related to the acceptance, pickup/transport or use of the Prize, gasoline and vehicle maintenance, and any and all other expenses related to acceptance and use of Prize, including, but not limited to, change of transportation, incidentals, tariffs or duties, surcharges, service charges, or charges and expenses associated with travel required to pick up Prize. The value of the prize is taxable as income and Winner will receive an IRS form 1099 (or its equivalent) for the total value of the prize selected as stated herein. Winner will be responsible for all aspects of operating the automobile prize. Winner must have a valid driver’s license which permits operation of the prize vehicle in the winner’s state/province/country of residence and evidence of legally required insurance prior to taking delivery, and may be required to provide proof of such documentation, as well as taxpayer identification Numbers, prior to being confirmed as a Winner.
In the event Winner is unable to take delivery of the prize, or is found to be ineligible for any reason, Winner will be disqualified, and an alternate winner may be selected. Sponsor reserves the right to provide a prize of equal or greater value (where lawful), at its sole discretion. Prize cannot be substituted, assigned, transferred or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at Sponsor’s discretion. Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances or those outside of Sponsor’s control. If the fulfilling merchant cancels the order for reasons out of Sponsor’s control, and the prize cannot be delivered, no additional compensation will be provided or, if a substitute prize is provided, the difference in value between the substitute prize and the advertised prize will not be provided in cash. Prize Winner bears all risk of loss, damage or theft to their prize and/or their prize check is cashed without permission after obtaining ownership and Sponsor will not replace it. Prize cannot be used in conjunction with any other promotion or offer.
All details and restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
WITHOUT LIMITING THE FOREGOING, WITH THE EXCEPTION OF ANY WARRANTIES PROVIDED BY THE MANUFACTURER AND/OR THE DEALER, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZE AND THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY BY SPONSOR OR ADMINISTRATOR OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WINNER ACKNOWLEDGES THAT SPONSOR AND ADMINISTRATOR HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY COMPONENT OF THE PRIZE OFFERED IN THIS PROMOTION, INCLUDING BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE, AND THE PRIZE VEHICLE MAY NOT MEET SAFETY OR EMISSIONS TESTING REQUIRED IN SOME STATES, AND/OR COUNTIES/MUNICIPALITIES. WINNER IS RESPONSIBLE TO CHECK THEIR STATE/COUNTY/JURISDICTION FOR APPLICABLE EMISSIONS REQUIREMENTS AND SAFETY INSPECTION REQUIREMENTS PRIOR TO ACCEPTING THE PRIZE AND MUST USE THE PRIZE IN ACCORDANCE WITH THOSE REGULATIONS. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK STATE AND LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. TAXES (IF APPLICABLE):
CONFIRMED WINNERS ARE RESPONSIBLE FOR ALL TAX REPORTING AND DOCUMENTATION. Each Confirmed Winner is responsible for ensuring that they comply with all applicable tax laws and filing requirements, which may include but not limited to completing a W-9 Tax form (U.S. only) and forms as required by the government of the winner's country/territory of residence. Google, its parent, affiliate, agent and partner companies will not be responsible for any tax deductions that may be necessary.
9. GENERAL CONDITIONS:
All federal, state, provincial/territorial and local laws and regulations apply. Sponsor reserves the right to disqualify any Entrant from the Promotion if, in Sponsor’s or its designee’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair practices or annoys, abuses, threatens or harasses any other entrants, viewers, or Google (or its parent or affiliates).
10. INTELLECTUAL PROPERTY RIGHTS:
As between Sponsor and You, You retain ownership of all intellectual and industrial property rights (including moral rights) in and to the information, in connection with Your Submission. As a condition of receiving the Prize, each Confirmed Winner grants Google, its parent, affiliates, agents, and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, translate, dub, broadcast, exploit, reproduce, adapt, modify, rearrange, add to, delete from, copy, publish, distribute, publicly perform, create a derivative work from and publicly display, in whole or in part, Your Submission, app code, and any other materials or other recordings that may be made of or by You (including accompanying materials and features, any names, locations, performances and likeness therein) in any and all media, including but not limited to digital and electronic media, computer, audio, and audio visual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, advertising, promotional, commercial or any other purposes, without further review, notice, approval, consideration or compensation to any Confirmed Winner or any third party in connection with advertising and promotion, including, but not limited to, the right to make screenshots, excerpts, animations, video clips and compilations available for promotional purposes. Each Confirmed Winner agrees to, where legally possible, not assert “moral rights” or “droit moral” in the video content, Video Assignments, Essays or other materials or other recordings created during any Program Components (including accompanying materials and features, any names, locations, performances and likeness therein).
The foregoing license is being granted for the purposes stated above, including, without limitation, for the purposes of allowing Sponsor to evaluate Submissions. In addition to the foregoing, You agree that, if selected as a Confirmed Winner, You will work with Google in good faith to make available portions of some or all of the Video for Google’s perpetual, worldwide, royalty-free use in all media now known or hereafter devised, for non-commercial purposes promoting the Promotion and future iterations thereof.
11. PRIVACY:
You agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Promotion. This data may also be used by Sponsor to verify Your identity, postal address and telephone number in the event You qualify for any applicable prize as well as to deliver the applicable prize. By providing any data in connection with the Promotion, You hereby expressly consent to such transfers of Your data to the United States or other countries. You have the right to review, rectify or cancel any personal data held by Google or its representative that You provided in Your Submission by writing to Google (Attention: YouTube THE-IQ Privacy) at 901 Cherry Avenue, San Bruno, CA 94066 USA. Otherwise, all personal information collected from Your Submission is subject to Google’s Privacy Policy, located at (https://policies.google.com/privacy)
12. PUBLICITY:
Except where prohibited by law, by accepting the Prize, each Confirmed Winner agrees that Sponsor, its parent, affiliates, agents and partner companies may use (in whole or in part), the video Submission for advertising and promotional purposes without additional compensation, unless prohibited by law or circumscribed by separate agreement between a Confirmed Winner and Sponsor. Each Confirmed Winner agrees to have his/her name and image disclosed in the hard and digital ads, promotional supports and website of Sponsor, for marketing purposes, without any additional remuneration, for the entire world and for the duration of five (5) years as from entrance in the Promotion.
13. WARRANTY AND INDEMNITY:
You warrant that Your Submission is Your own original work and, as such, You are the sole and exclusive owner and rights holder of the submitted Submission and that You have the right to submit the Submission in the Promotion. You agree not to submit any Submission that (a) 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, privacy, publicity or breaches confidentiality obligations; or (b) otherwise violates any applicable local, state, provincial/territorial or federal law, or breaches these Rules. You agree to indemnify, defend and hold harmless, Google, its parent, affiliates, agents and partner companies for any third party claims arising out of (i) Your breach of these Rules and (ii) Google, its parent’s, affiliates’, agents’ and partner companies’ use and/or review of Your Submission, if a Confirmed Winner, including, without limitation, any claims alleging that their use of Your Submission, violates the intellectual property rights, including, without limitation, the copyrights or publicity rights, of any such third party.
14. ELIMINATION:
Entrant may withdraw Your Submission at any time by notifying Sponsor. If a Submission is withdrawn Your eligibility to win a prize is terminated. Any false information provided within the context of the Promotion by You (or on Your behalf by Your representatives or agents) concerning identity, mailing address, telephone number, email address, ownership of rights or compliance with these Rules or the like may result in the immediate elimination from the Promotion as well as disqualification from receiving any prize (in whole or in part) if You are a Confirmed Winner.
15. INTERNET:
Google is not responsible for any malfunction, in whole or in part, of the Promotion Site, Gemini, Google products, or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, or malfunction of Ads or votes or other related materials due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Promotion Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions and/or takedowns or removals by other parties which may limit an Entrant’s ability to participate in the Promotion.
16. RIGHT TO CANCEL, MODIFY OR DISQUALIFY:
If, for any reason, the Promotion (or any part thereof) is not capable of running as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, earthquake, storm, or other natural cataclysm, pandemic, riot, strike, terrorist activity, civil commotion, governmental regulation, or any other causes beyond the control of Sponsor which, in its sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion (or any part thereof), Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion, or to thereafter conduct the Promotion by selecting the Finalists from among all eligible Submissions received prior to the action taken by Sponsor or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Sponsor further reserves the right to disqualify any Entrant who tampers with the Submission process or any other part of the Promotion or Promotion Site. Any attempt by an Entrant to deliberately damage any web site or page, including the Promotion Site, or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such Entrant to the fullest extent of the applicable law.
17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT OR OTHER LEGAL RELATIONSHIP:
You acknowledge and agree that under no circumstances will entering the Promotion, the awarding/receiving of any component of the Prize if You are a Confirmed Winner, or anything in these Rules can be construed as an offer or contract of employment or other legal relationship with Google, its parent, affiliates, agents and partner companies. You also acknowledge and agree that You are submitting Your Submission voluntarily and not in confidence or in trust, and that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between You and Google, its parent, affiliates, agents, and partner companies and that no such relationship is established by Your Submission under these Rules or any other acts or omissions in connection with the Promotion or any component of the Prize (if applicable).
18. FORUM AND RECOURSE TO JUDICIAL PROCEDURES:
To the fullest extent permitted by law, these Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any term or provision(s) of these Rules are held to be invalid or unenforceable, all remaining 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 Promotion are hereby excluded, and all Entrants expressly waive any and all such rights.
LEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION.
CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: DISPUTE RESOLUTION, MANDATORY ARBITRATION, AND CHOICE OF LAW/JURISDICTION:
This Promotion is offered in the 50 United States, the District of Columbia and the following countries/territories: ALGERIA, AMERICAN SAMOA, ANGOLA, ANGUILLA, ANTARCTICA, ANTIGUA AND BARBUDA, ARGENTINA, ARMENIA, ARUBA, AUSTRALIA, AUSTRIA, AZERBAIJAN, BAHRAIN, BANGLADESH, BARBADOS, BELGIUM, BELIZE, BENIN, BERMUDA, BHUTAN, BOLIVIA, BOTSWANA, BRAZIL, BRITISH INDIAN OCEAN TERRITORY, BRITISH VIRGIN ISLANDS, BRUNEI, BULGARIA, BURKINA FASO, BURUNDI, CABO VERDE, CAMBODIA, CAMEROON, CANADA, CARIBBEAN NETHERLANDS, CAYMAN ISLANDS, CENTRAL AFRICAN REPUBLIC, CHAD, CHILE, CHRISTMAS ISLAND, COCOS (KEELING) ISLANDS, COLOMBIA, COMOROS, COOK ISLANDS, COSTA RICA, CÔTE D'IVOIRE, CROATIA, CURAÇAO, CZECH REPUBLIC (CZECHIA), DEMOCRATIC REPUBLIC OF THE CONGO, DENMARK, DJIBOUTI, DOMINICA, DOMINICAN REPUBLIC, ECUADOR, EGYPT, EL SALVADOR, EQUATORIAL GUINEA, ERITREA, ESTONIA, ESWATINI, ETHIOPIA, FALKLAND ISLANDS (ISLAS MALVINAS), FIJI, FINLAND, FRANCE, GABON, GEORGIA, GERMANY, GHANA, GIBRALTAR, GREECE, GRENADA, GUAM, GUATEMALA, GUERNSEY, GUINEA, GUINEA-BISSAU, GUYANA, HAITI, HEARD ISLAND AND MCDONALD ISLANDS, HONDURAS, HUNGARY, ICELAND, INDIA, INDONESIA, IRAQ, IRELAND, ISLE OF MAN, ISRAEL, ITALY, JAMAICA, JAPAN, JERSEY, JORDAN, KAZAKHSTAN, KENYA, KIRIBATI, KUWAIT, KYRGYZSTAN, LAOS, LATVIA, LEBANON, LESOTHO, LIBERIA, LIBYA, LIECHTENSTEIN, LITHUANIA, LUXEMBOURG, MADAGASCAR, MALAWI, MALAYSIA, MALDIVES, MALI, MALTA, MARSHALL ISLANDS, MAURITANIA, MAURITIUS, MEXICO, MICRONESIA, MONGOLIA, MONTSERRAT, MOROCCO, MOZAMBIQUE, NAMIBIA, NAURU, NEPAL, NETHERLANDS, NEW CALEDONIA, NEW ZEALAND, NICARAGUA, NIGER, NIGERIA, NIUE, NORFOLK ISLAND, NORTHERN MARIANA ISLANDS, NORWAY, OMAN, PAKISTAN, PALAU, PALESTINE, PANAMA, PAPUA NEW GUINEA, PARAGUAY, PERU, PHILIPPINES, PITCAIRN ISLANDS, POLAND, PORTUGAL, PUERTO RICO, QATAR, REPUBLIC OF CYPRUS, REPUBLIC OF THE CONGO, ROMANIA, RWANDA, SAINT BARTHÉLEMY, SAINT HELENA, ASCENSION AND TRISTAN DA CUNHA, SAINT KITTS AND NEVIS, SAINT LUCIA, SAINT PIERRE AND MIQUELON, SAINT VINCENT AND THE GRENADINES, SAMOA, SÃO TOMÉ AND PRÍNCIPE, SAUDI ARABIA, SENEGAL, SEYCHELLES, SIERRA LEONE, SINGAPORE, SLOVAKIA, SLOVENIA, SOLOMON ISLANDS, SOMALIA, SOUTH AFRICA, SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS, SOUTH KOREA, SOUTH SUDAN, SPAIN, SRI LANKA, SUDAN, SURINAME, SWEDEN, SWITZERLAND, TAIWAN, TAJIKISTAN, TANZANIA, THAILAND, THE BAHAMAS, THE GAMBIA, TIMOR-LESTE, TOGO, TOKELAU, TONGA, TRINIDAD AND TOBAGO, TUNISIA, TÜRKIYE, TURKMENISTAN, TURKS AND CAICOS ISLANDS, TUVALU, U.S. VIRGIN ISLANDS, UGANDA, UK, UNITED ARAB EMIRATES, UNITED STATES, UNITED STATES MINOR OUTLYING ISLANDS, URUGUAY, UZBEKISTAN, VANUATU, VENEZUELA, VIETNAM, WALLIS AND FUTUNA, WESTERN SAHARA, YEMEN, ZAMBIA, OR ZIMBABWE. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants or the Promotion Entities in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, USA, without giving effect to any choice of law or conflict of law rules (whether of the State of California, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, USA. The Promotion Entities’ failure to enforce any terms of these Official Rules shall not constitute a waiver of that or any other provision. By entering, Entrant agrees that whenever You have a disagreement with the Promotion Entities (individually or collectively) arising out of, connected to, or in any way related to the Promotion, the Official Rules, or the Privacy Policies, You will send a written notice to the Sponsor (“Demand”). Entrant agrees that the requirements of this Dispute Resolution Section, of these Official Rules (“Dispute Resolution Section”), will apply even to disagreements that may have arisen before Entrant accepted these Official Rules or the Privacy Policies. Entrant must send the Demand to the following address (the “Notice Address”): 1600 Amphitheatre Pkwy, Mountain View, CA 94043 USA, Attention; Legal Department with a copy to Administrator at Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416 USA. Entrant agrees that Entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after Entrant sends a Demand. This informal dispute resolution is in addition to, and does not waive, excuse, or supersede any pre-suit resolution process required by state or federal law before filing suit.
If the disagreement stated in the Demand is not resolved to Entrant’s satisfaction within 10 business days after it is received, and Entrant intends on taking legal action, Entrant agrees that it will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). The Promotion Entities also agree that we will submit any and all disputes with Entrant to arbitration before the Arbitrator. This arbitration provision limits the ability of Entrant and the Promotional Entities to litigate claims in court and Entrant and Promotional Entities each agree to waive their respective rights to a jury trial.
For any such filing of a demand for arbitration, Entrant must provide proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, Entrant may file its case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014, available at (https://www.adr.org/sites/default/files/Consumer-Rules-Web_0.pdf)(and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution Section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any and all disputes arising out of or relating to the Promotion or any disputes with the Promotion Entities including, but not limited to, disputes as to the interpretation or application of this Dispute Resolution Section or the validity of the arbitration agreement herein. The Arbitrator has authority to issue any and all remedies authorized by law, except that any requests for the remedy of public injunctive relief shall be brought in a court of competent jurisdiction. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be Mountain View, California.
Entrant agrees that it will not file a class action or collective action against the Promotion Entities, and that Entrant will not participate in a class action or collective action against them. Entrant agrees that it will not join its claims to those of any other person.
Notwithstanding any other provision in the Official Rules, or the Privacy Policies, if this class action waiver is adjudicated to be invalid by a court of competent jurisdiction, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in court. Entrants irrevocably consent to the sole and exclusive jurisdiction of the state or federal courts of the State of California located in the county of San Jose in California for any action, suit or proceeding arising out of or relating to this Promotion. Under no circumstances does Entrant or the Promotion Entities agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
19. WINNERS LIST:
The name of the Prize Winners will be available via email. Send an email to ([email protected])(include Winner List Request) on or about TBD or after the prize winners have been verified.
Vehicle manufacturer is not a participant or sponsor of this promotion.