Transcript
Page 1: Official Rules Strava Developer Contest 2016 Rules Strava Developer Contest 2016

Official Rules Strava Developer Challenge 2016

These Official Rules (including the Strava Privacy Policy and the Strava API Agreement) govern the Strava Developer Challenge 2016 (ldquoChallengerdquo) and state the terms and conditions between Strava Inc (ldquoStravardquo) and each participant (ldquoEntrantrdquo)

1 CHALLENGE OVERVIEW

The Challenge is intended as a skill contest for software applications or websites (ldquoAppsrdquo) developed by Entrants that leverage the Strava application programming interface (ldquoStrava APIrdquo) Strava-appointed judges will review and evaluate Apps submitted by qualified Entrants and choose winners in accordance with these Official Rules

The goal of the Challenge is to recognize the innovative work accomplished by Stravarsquos community of developers The Challenge is intended to encourage the development of Apps that help Strava athletes unlock their potential under the following pillars

1 Build Community Enables athletes to strive by taking part in the most engaged community of athletes in the world

2 Inspire Athletes Putting the athlete first and building Apps that support their athletic goals

The Apps should demonstrate innovation and usefulness and must integrate with Strava

2 CHALLENGE TIMELINE

21 The Challenge starts on August 6 2016 at 1200 AM Pacific Time (PT) and ends on October 6 2016 at 115959 PM PT (Challenge Period)

21 In this Challenge Strava is the official timekeeper of the Challenge Period The Challenge phases are noted in the calendar below The dates are approximate and are subject to change at Stravarsquos discretion

Note Entrants are responsible for determining corresponding times based on their location

3 ELIGIBILITY

31 The Challenge is open to individuals who are at least eighteen (18) years of age or older (or age of majority in his or her country state or jurisdiction of residence if the age of majority in said area is greater than 18) at the time of entry (each an Entrant)

32 Individuals may enter as a sole Entrant or as part of an Entrant Team comprised of up to ten (10) participants

33 By submitting an App Entrants agree that their use of the Strava API is subject to the terms and conditions of the Strava API Agreement found at the URL httpswwwstravacomapi-agreement

34 Employees of Strava and their immediate families and household members (whether related or not) are not eligible to enter or win

35 This Challenge is subject to all applicable country federal state and local laws By participating in the Challenge each Entrant and all members of a participating Entrant Team as applicable unconditionally accept and agree to comply with and abide by these Official Rules The decisions of Strava are final and

Phase Start End

Submission August 6th 2016 September 6th 2016

Judging September 6th 2016 October 1t 2016

Winners announcements October 6 2016

binding including Stravarsquos right to verify eligibility to interpret these Official Rules and to resolve any disputes relating to this Challenge at any time

36 Persons entering as part of a company or on behalf of their employer acknowledge that these Official Rules are binding on their employer and further warrant that the company andor employer has full knowledge of participation and has granted consent for participation Strava will honor any employer policy regarding receipt of a prize by an employee

37 An Entrant can submit more than one App as an individual Entrant andor as a member of an Entrant Team as long as the Apps are not the same (ie duplicate submissions of the same App not permitted)

38 All national and local laws and regulations of the residentrsquos country of residence apply Residents of countries under US embargo are not eligible to enter The contest is void wherever it is restricted or prohibited by law

4 SUBMISSION PERIOD

41 The App submission period starts on August 6 2016 at 1200 AM PT and ends on September 6 2016 at 115959 PM PT (ldquoSubmission Periodrdquo)

42 Before the Submission Period closes Entrants must upload their App to httplabsstravacomdevelopers and provide the entry information at the URL httpsgooglforms71HsZqia4y5ofpxF3 (Challenge Site) Required entry information includes but is not limited to

Entrant Name (Individual Company Name or Entrant Team Name) Entrant Contact (if different from above) Athlete ID Strava API ID Entrantrsquos e-mail address Entrantrsquos mailing address

AppWebsite Description App installation instructions andor URL Demovideo to present their Apps (2 mins max)

(collectively a Submission)

43 Entrants may submit more than one Submission

44 For Entrant Teams only the one (1) individual completing the Submission will be responsible for visiting the Challenge Site and submitting on behalf of their Entrant Team

45 Submission is not complete until all the online prompts and instructions to upload have been properly followed and the Official Rules have been affirmatively accepted By entering Entrants acknowledge compliance with these Official Rules

46 By entering a Submission the Entrant warrants and represents that heshe (or the Entrant Team if applicable) is the creatorauthor of the App and any other materials submitted that the information provided is accurate and true at the time submitted and that heshe consents to Stravarsquos use of the Submission the App and any other materials forming part of the Submission in the Challenge

47 Each Submission must comply with the App Technical Requirements and entry terms set forth below in order to be eligible

5 APP TECHNICAL REQUIREMENTS

51 App specifications must be consistent with the Strava API documentation provided by Strava

52 The App must integrate with Strava and make use of one the Strava API

53 Neither the App nor the Entrants must violate the Strava API Agreement

54 Apps may not be updated or changed once an Entrant uploads it as Submission until after the App Judging Period has ended and the winners are announced

55 The App must be designed for the English language and may be available in other languages at the Entrantrsquos option The App must also be available for use by Strava athletes in the US and other countries at the Entrantrsquos option

6 ENTRY TERMS

61 Determination of compliance with entry technical and creative requirements and these Official Rules will be in the sole discretion of Strava and designated Judging Panel By entering Entrants warrant that the Submission

a is the original work of the EntrantEntrant Team or an update to an original work of the EntrantEntrant Team

b does not contain any use of names likenesses photographs or other identifying elements in whole or in part of any person living or dead without permission (proof of which must be provided to Strava upon request in a form satisfactory to Strava)

c does not infringe or violate the rights of any third party including but not limited to copyrights trademarks logos copyrighted material not owned by Entrant (other than Stravarsquos related materials) contract and licensing rights rights of publicity or privacy moral rights or any other intellectual property rights

d is not subject to any third party agreements and that Strava will not be required to pay or incur any sums to any person or entity as a result of its ownership acquisition use or exploitation of the entries or rights therein

e was made with the understanding that any required permits from local authorities or other permissions have been obtained and is documented sufficiently such that Entrant can show proof of such permission upon request from Strava

f does not contain hateful content of any kind (including without limitation racism sexism etc) content which promotes violence or harm to another living creature or any other offensive obscene or inappropriate content the determination of which shall remain in the sole discretion of Strava

g does not promote any activity that may appear unsafe or dangerous h does not contain reference to any political agenda or party and that EntrantEntrant Team

indemnify Strava from and against any cause of action complaints or other claims arising out of the breach of any of the foregoing warranties

7 PRIVACY

71 Entrant acknowledges and agrees that Strava may collect store share and otherwise use personally identifiable information provided by Entrants during the submission process and the Challenge including but not limited to the Entrantrsquos name mailing address phone number and email address

72 All information collected is subject to and will be used in accordance with Stravarsquos Privacy Policy (httpwwwStravacomprivacy) including for administering the Challenge and verifying Entrantrsquos identity postal address and telephone number in the event an entry qualifies for a prize

73 Each Entrantrsquos information may also be transferred to countries outside the country of Entrants residence including the United States Such other countries may not have privacy laws and regulations similar to those of the country of Entrants residence Strava will take all reasonable steps so that Entrantsrsquo personal information is treated securely and in accordance with Stravarsquos Privacy Policy and these Official Rules in respect of such transfer but will not otherwise take steps to ensure compliance with applicable laws in the Entrantsrsquo country of residence By entering the Challenge and clicking the check box agreeing to the Official Rules on the Challenge Site Entrants expressly agree to such transfer Entrant acknowledges and agrees that Entrantrsquos data may be shared with third parties for shipment of the prizes and email address if Entrant has opted into future communications consistent with Stravarsquos Privacy Policy (wwwstravacomprivacy) Each Entrant expressly agrees to the use of hisher personal information for such purpose

74 If an Entrant does not provide the mandatory data required at Submission Strava reserves the right to disqualify the entry The Entrant has the right to request access review rectification or deletion of any personal data held by Strava in connection with the Challenge by writing to Strava at this email address supportstravacom

74 Submissions that do not comply with these Official Rules as determined in Stravas sole discretion may be disqualified from the Challenge By entering all Entrants understand and agree that all eligible

Submissions may be posted on the Internet (and other media as designated by Strava in its sole discretion) for public view

75 If Strava determines in its sole discretion that an EntrantEntrant Team us not in compliance with these Official Rules or consider a Submission inappropriate in any way the Submission will be disqualified

76 By entering the Challenge each EntrantEntrant Team represents and warrants that he or she has obtained all of the rights licenses and permissions in writing from any person who may have helped create or who is referred in any manner in the entry and such persons must be listed as a team member of the applicable Entrant Team

77 Entrants MAY NOT submit Apps created by any person other than themselves or their team members

78 Decisions of Strava are final and binding

8 APP JUDGING

81 At the end of the Submission Period all eligible Submissions will be judged and scored by a judging panel chosen by Strava (ldquoApp Judging Panelrdquo) The App Judging Panel will determine the top Submissions and winners

82 All decisions of the App Judging Panel are made at the judgesrsquo sole discretion

83 The App Judging Panelrsquos decisions are final and binding in all matters relating to Submissions and this Challenge

9 WINNER NOTIFICATION

91 Winners are subject to verification by Strava

92 Potential Winners will be notified on or about October 1 2016 by email at the email address provided as part of the Submission

93 Potential Winners (and if an Entrant Team all members of such team) may be required to complete and return an Affidavit of Eligibility and PublicityLiability Release (where legal) an Entrant Release Form

94 For Entrant Teams only the one (1) individual registered on the Submission will be responsible for disseminating collecting and subsequently submitting all required documents on behalf of their team

95 If any email notification is returned as undeliverable if a potential Winner (and if an Entrant Team all members of such team) does not respond within the required number of days specified by Strava or if information collected within the clearance documentation entry or background check is found in non-compliance with these Official Rules andor Stravarsquos privacy policy or a potential winner decides to decline a prize for any reason whatsoever Strava shall have no further obligation to such potential winner (or if an Entrant Team all members of such team) and the prize will be forfeited and may be awarded to a runner-up at Stravarsquos sole discretion

10 PRIZESAWARDS

101 Challenge winners receive

bull 1st Place o Opportunity to remotely present winning app in front of Strava which will include the CEO

and other special guests Presentation may be in person if winner is local in San Francisco Bay Area

o Signed jersey by Ted King o Marketing exposure for App (as determined by Strava) o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 2nd Place o Signed jersey by Ted King o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 3rd Place o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 4th to 25th Place o 1 year premium subscription to Strava (approximately $59 value)

102 Strava in its sole discretion may choose to award fewer than the above

103 Only one (1) prize package per winning Entrant Team will be awarded Each individual team member will not receive the prize items

104 Prizes are non-transferable No prize substitutions or cash redemptions allowed Strava reserves the right to substitute a prize (or prize component) with one of comparable or greater value for any reason including if unable to award due to country specific regulation

105 If a winner removes their winning App from the Strava Play store prior to or during the time period it is scheduled to be featured (as described above) Strava will have no further obligation to feature or promote the App nor will the EntrantTeam be sent the additional prize items

106 Except where prohibited by law all federal state or other tax liabilities are the responsibility of the prize winner and Strava will not be responsible for any tax deductions which may be necessary

107 Prize winners are responsible for any costs and expenses associated with prize acceptance in their country of residence and use not specified herein as being provided

108 Designation as a prize winner is subject to Entrantrsquos proof of compliance with these Official Rules maintaining compliance with these Official Rules and approval by Strava

109 All details of prize not specified herein shall be determined solely by Strava

11 USE OF SUBMISSION PERSONAL DATA WAIVER RELEASE AND LIMITATION OF LIABILITY

111 Except where prohibited entrants waive and release Strava from any and all claims that EntrantsEntrant Teams may now or hereafter have in any jurisdiction based on moral rights or droit moral (note Residents of France may waive or assign hisher moral rights at any time without any justification) or unfair competition with respect to Stravarsquos exploitation of entries without further notification or compensation to EntrantsEntrant Team of any kind and agree not to instigate support maintain or authorize any action claim or lawsuit against Strava and its affiliates licensees or any other person in connection with this Challenge on the grounds that any use of any Submission or any derivative works infringe or violate any of EntrantsrsquoEntrant Teamsrsquo rights therein

112 Except for notification and clearance purposes Strava will not enter into any correspondence including email with non-winning EntrantsEntrant Teams Strava reserves the right in their sole discretion to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Challenge or violating these Official Rules

113 By submitting an App in this Challenge the EntrantEntrant Team warrants and represents that (s)he owns all of the intellectual and industrial property rights in and to the App Further the EntrantEntrant Team agrees to grant Strava a perpetual irrevocable worldwide royalty-free and non-exclusive license (and if a resident of France for a duration of one (1) year starting October 11 2016) to use advertise display demonstrate promote reproduce publicly perform publicly display and create derivative work including screenshots animations and video clips available for promotional purposes from any entry or App that EntrantEntrant Team submits specifically in connection with the advertising and promotion of the Challenge and the App via communication to the public or other groups including but not limited to all marketing communications (including but not limited to email campaigns advertising via social networking andor

other media outlets including print and on-air media) without any notice approval or compensation to the respective Entrant

114 Except where prohibited each prize winner further consents (and agrees to sign any additional documents required by Strava to formalize effect or perfect such consent) to Stravarsquos use of hisher name likeness (photograph) biographical information and voice in advertisingpublicitytrade (including local andor national television stations or print publications that may be covering any element of this Challenge) worldwide without compensation notice or approval and prize winner disclaims any ownership rights to the content of such advertisingpublicitytrade material

115 EACH ENTRANTENTRANT TEAM MEMBER ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES AGREES TO BE BOUND BY THE DECISIONS OF STRAVA WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CHALLENGE AND AGREES TO RELEASE INDEMNIFY AND HOLD HARMLESS STRAVA AND EACH OF ITS SUBSIDIARIES AFFILIATES ADVERTISING PROMOTION AND PUBLIC RELATIONS AGENCIES AND THE RESPECTIVE OFFICERS DIRECTORS EMPLOYEES REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS LOSSES LIABILITY AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYSrsquo FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM INCURRED SUSTAINED OR ARISING IN CONNECTION WITH THE USE ACCEPTANCE MISUSE OR DONATION OF THE PRIZE OR WHILE PREPARING FOR PARTICIPATING IN ANDOR TRAVELLING TO OR FROM ANY CHALLENGE-RELATED ACTIVITY INCLUDING WITHOUT LIMITATION ANY INJURY DAMAGE DEATH LOSS OR ACCIDENT TO PERSON ANIMAL OR PROPERTY OR FROM THE RESPECTIVE ENTRANTSrsquo BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CHALLENGE INCLUDING THESE OFFICIAL RULES ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE STRAVA AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS CLASS LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU

116 Each EntrantEntrant Team member hereby acknowledges and agrees that the relationship between themselves and Strava is not a confidential fiduciary or other special relationship and that the Entrantrsquos decision to provide the entry to Strava for purposes of the Challenge does not place Strava in a position that is any different from the position held by members of the general public with regard to elements of the entry other than as set forth in these Official Rules Each Entrant understands and acknowledges that Strava has wide access to ideas stories designs and other literary materials and that new ideas are constantly being submitted to it or being developed by their own employees Each Entrant also acknowledges that many ideas or stories may be competitive with similar to or identical to the entry submission andor each other in theme idea plot format or other respects Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Stravarsquos use of any such similar or identical material that has or may come to Strava or any of them from other sources Entrants acknowledge that other EntrantsEntrant Teams may have created ideas and concepts contained in their entry that may have familiarities or similarities to their entry and that they will not be entitled to any compensation or right to negotiate with Strava because of these familiarities or similarities

117 Each Entrant acknowledges and agrees that Strava does not now and shall not have in the future any duty or liability direct or indirect vicarious contributory or otherwise with respect to the infringement or protection of the Entrantrsquos copyright in and to the entry Finally each Entrant acknowledges that with respect to any claim by Entrant relating to or arising out of Stravarsquos actual or alleged exploitation or use of any submission or other material submitted in connection with the Challenge the damage if any thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production distribution exhibition or other exploitation of any program website advertising materials or other thing based on or allegedly based on the entry submission and Entrantrsquos rights and remedies in any such event shall be strictly limited to the right to recover damages if any in an action at law Each Entrant hereby acknowledges and agrees that Stravarsquos trademarks and other intellectual property are the exclusive property of Strava Each Entrant further acknowledges and agrees that Stravarsquos marks and their intellectual property are valid and enforceable and that Entrant shall do nothing to challenge the validity or enforceability of Stravarsquos marks in any forum Entrants agree that the use of Stravarsquos marks slogans and characters is permitted only for the purpose of making an entry in this Challenge and that any use of Stravarsquos marks slogans and characters (whether in the entry or otherwise) beyond this scope infringes the rights of Strava and will result in irreparable harm to Strava

118 Unless the laws relevant for the domicile of the Entrant provide otherwise this Challenge is governed by US law and is subject to all applicable federal state and local laws Except where prohibited by law any and all legal actions or claims arising in connection with this Challenge must be brought in a court of competent jurisdiction in San Francisco California USA Further in any such dispute under no circumstances will Entrants be permitted to obtain awards for and hereby waive all rights to claim punitive incidental or consequential damages including attorneys fees other than Entrantrsquos actual out-of-pocket expenses (eg costs associated with entering) and Entrant further waives all rights to have damages multiplied or increased

12 INTERNET

121 Entrants further agree that Strava and any of their respective parents subsidiaries affiliates and each of their respective officers directors shareholders agents and employees and any Internet access providers are not responsible for the following (a) electronic transmissions entries that are lost late stolen incomplete illegible damaged garbled destroyed misdirected or not received by Strava or its agents for any reason (b) any problems or technical malfunctions errors omissions interruptions deletions defects delays in operation or transmission communication failures andor human error that may occur in the transmission receipt or processing of entries or related materials or for destruction of or unauthorized access to or alteration of entries or related material (c) failed or unavailable hardware network software or telephone transmissions damage to Entrantsrsquo or any personrsquos computer andor its contents related to or resulting from participation in this Challenge or (d) causes that jeopardize the administration security fairness integrity or proper conduct of this Challenge (e) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified) (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Challenge

122 Strava reserves the right in its sole discretion to cancel or suspend this Challenge should virus bugs fraud hacking or other causes corrupt the administration security or proper play of the Challenge In such cases notice to this effect will be posted on the Challenge Site and the prize winners may be determined from all eligible entries received prior to cancellation

123 If in Stravarsquos opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge or if technical difficulties compromise the integrity of the Challenge Strava reserves the right to void suspect entries andor terminate the Challenge and award the prizes in its sole discretion The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited In the event of a dispute as to the identity of an Entrant based on an email address the entry in question may be disqualified subject to Stravarsquos discretion

13 COUNTRY SPECIFIC NOTICES If any provision of these Official Rules is invalid under the law rules or regulations of a particular country the invalidity of such provision shall not affect the validity of the remaining provision In addition to the tax liability disclosures in these Official Rules prize winners are subject to and must abide by the income reporting and if applicable the payment of any taxes due pursuant to the laws rules and regulations of the prize winnersrsquo jurisdiction of residence

131 FOR UK Notwithstanding anything elsewhere in these Official Rules no personrsquos or entityrsquos liability for death or personal injury caused by its negligence shall be limited in any way and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded

132 FOR FRANCE Nothing shall exclude or limit a consumerrsquos right to obtain compensation for the Competition Entities breach of any of their obligations

133 FOR GERMANY (i) Challenge Entities shall be fully liable for intent and gross negligence as well as for damages caused by injury to life body or health (ii) In an event of slight negligence Challenge Entities shall be liable only for breaches of a material contractual obligation (cardinal duty) A ldquocardinal dutyrdquo shall be defined as an obligation whose fulfillment makes the implementation of this contract possible and on the fulfillment of which the contracting parties may therefore generally rely (iii) in the event of slight negligence as outlined in Clause (ii) Challenge Entities shall not be liable for any lack of commercial success lost profits and indirect damages (iv) Liability in accordance with the above Clauses (ii) and (iii) shall be limited to typical foreseeable damages (v) This limitation of liability shall apply mutatis mutandis to the benefit of the employees agents and vicarious agents of Strava (vi) Any potential liability on the part of Strava for any warranties and for claims based on the German Product Liability Act shall not be affected

Where these Official Rules provide for discretion exercisable by a Competition Entity that could otherwise be capable of causing a significant imbalance in the partiesrsquo rights and obligation hereunder to the detriment of a consumer and contrary to the requirement of good faith shall be exercised reasonably and in good faith

STRAVA Strava Inc 500 3rd St San Francisco CA 94107 USA

Page 2: Official Rules Strava Developer Contest 2016 Rules Strava Developer Contest 2016

binding including Stravarsquos right to verify eligibility to interpret these Official Rules and to resolve any disputes relating to this Challenge at any time

36 Persons entering as part of a company or on behalf of their employer acknowledge that these Official Rules are binding on their employer and further warrant that the company andor employer has full knowledge of participation and has granted consent for participation Strava will honor any employer policy regarding receipt of a prize by an employee

37 An Entrant can submit more than one App as an individual Entrant andor as a member of an Entrant Team as long as the Apps are not the same (ie duplicate submissions of the same App not permitted)

38 All national and local laws and regulations of the residentrsquos country of residence apply Residents of countries under US embargo are not eligible to enter The contest is void wherever it is restricted or prohibited by law

4 SUBMISSION PERIOD

41 The App submission period starts on August 6 2016 at 1200 AM PT and ends on September 6 2016 at 115959 PM PT (ldquoSubmission Periodrdquo)

42 Before the Submission Period closes Entrants must upload their App to httplabsstravacomdevelopers and provide the entry information at the URL httpsgooglforms71HsZqia4y5ofpxF3 (Challenge Site) Required entry information includes but is not limited to

Entrant Name (Individual Company Name or Entrant Team Name) Entrant Contact (if different from above) Athlete ID Strava API ID Entrantrsquos e-mail address Entrantrsquos mailing address

AppWebsite Description App installation instructions andor URL Demovideo to present their Apps (2 mins max)

(collectively a Submission)

43 Entrants may submit more than one Submission

44 For Entrant Teams only the one (1) individual completing the Submission will be responsible for visiting the Challenge Site and submitting on behalf of their Entrant Team

45 Submission is not complete until all the online prompts and instructions to upload have been properly followed and the Official Rules have been affirmatively accepted By entering Entrants acknowledge compliance with these Official Rules

46 By entering a Submission the Entrant warrants and represents that heshe (or the Entrant Team if applicable) is the creatorauthor of the App and any other materials submitted that the information provided is accurate and true at the time submitted and that heshe consents to Stravarsquos use of the Submission the App and any other materials forming part of the Submission in the Challenge

47 Each Submission must comply with the App Technical Requirements and entry terms set forth below in order to be eligible

5 APP TECHNICAL REQUIREMENTS

51 App specifications must be consistent with the Strava API documentation provided by Strava

52 The App must integrate with Strava and make use of one the Strava API

53 Neither the App nor the Entrants must violate the Strava API Agreement

54 Apps may not be updated or changed once an Entrant uploads it as Submission until after the App Judging Period has ended and the winners are announced

55 The App must be designed for the English language and may be available in other languages at the Entrantrsquos option The App must also be available for use by Strava athletes in the US and other countries at the Entrantrsquos option

6 ENTRY TERMS

61 Determination of compliance with entry technical and creative requirements and these Official Rules will be in the sole discretion of Strava and designated Judging Panel By entering Entrants warrant that the Submission

a is the original work of the EntrantEntrant Team or an update to an original work of the EntrantEntrant Team

b does not contain any use of names likenesses photographs or other identifying elements in whole or in part of any person living or dead without permission (proof of which must be provided to Strava upon request in a form satisfactory to Strava)

c does not infringe or violate the rights of any third party including but not limited to copyrights trademarks logos copyrighted material not owned by Entrant (other than Stravarsquos related materials) contract and licensing rights rights of publicity or privacy moral rights or any other intellectual property rights

d is not subject to any third party agreements and that Strava will not be required to pay or incur any sums to any person or entity as a result of its ownership acquisition use or exploitation of the entries or rights therein

e was made with the understanding that any required permits from local authorities or other permissions have been obtained and is documented sufficiently such that Entrant can show proof of such permission upon request from Strava

f does not contain hateful content of any kind (including without limitation racism sexism etc) content which promotes violence or harm to another living creature or any other offensive obscene or inappropriate content the determination of which shall remain in the sole discretion of Strava

g does not promote any activity that may appear unsafe or dangerous h does not contain reference to any political agenda or party and that EntrantEntrant Team

indemnify Strava from and against any cause of action complaints or other claims arising out of the breach of any of the foregoing warranties

7 PRIVACY

71 Entrant acknowledges and agrees that Strava may collect store share and otherwise use personally identifiable information provided by Entrants during the submission process and the Challenge including but not limited to the Entrantrsquos name mailing address phone number and email address

72 All information collected is subject to and will be used in accordance with Stravarsquos Privacy Policy (httpwwwStravacomprivacy) including for administering the Challenge and verifying Entrantrsquos identity postal address and telephone number in the event an entry qualifies for a prize

73 Each Entrantrsquos information may also be transferred to countries outside the country of Entrants residence including the United States Such other countries may not have privacy laws and regulations similar to those of the country of Entrants residence Strava will take all reasonable steps so that Entrantsrsquo personal information is treated securely and in accordance with Stravarsquos Privacy Policy and these Official Rules in respect of such transfer but will not otherwise take steps to ensure compliance with applicable laws in the Entrantsrsquo country of residence By entering the Challenge and clicking the check box agreeing to the Official Rules on the Challenge Site Entrants expressly agree to such transfer Entrant acknowledges and agrees that Entrantrsquos data may be shared with third parties for shipment of the prizes and email address if Entrant has opted into future communications consistent with Stravarsquos Privacy Policy (wwwstravacomprivacy) Each Entrant expressly agrees to the use of hisher personal information for such purpose

74 If an Entrant does not provide the mandatory data required at Submission Strava reserves the right to disqualify the entry The Entrant has the right to request access review rectification or deletion of any personal data held by Strava in connection with the Challenge by writing to Strava at this email address supportstravacom

74 Submissions that do not comply with these Official Rules as determined in Stravas sole discretion may be disqualified from the Challenge By entering all Entrants understand and agree that all eligible

Submissions may be posted on the Internet (and other media as designated by Strava in its sole discretion) for public view

75 If Strava determines in its sole discretion that an EntrantEntrant Team us not in compliance with these Official Rules or consider a Submission inappropriate in any way the Submission will be disqualified

76 By entering the Challenge each EntrantEntrant Team represents and warrants that he or she has obtained all of the rights licenses and permissions in writing from any person who may have helped create or who is referred in any manner in the entry and such persons must be listed as a team member of the applicable Entrant Team

77 Entrants MAY NOT submit Apps created by any person other than themselves or their team members

78 Decisions of Strava are final and binding

8 APP JUDGING

81 At the end of the Submission Period all eligible Submissions will be judged and scored by a judging panel chosen by Strava (ldquoApp Judging Panelrdquo) The App Judging Panel will determine the top Submissions and winners

82 All decisions of the App Judging Panel are made at the judgesrsquo sole discretion

83 The App Judging Panelrsquos decisions are final and binding in all matters relating to Submissions and this Challenge

9 WINNER NOTIFICATION

91 Winners are subject to verification by Strava

92 Potential Winners will be notified on or about October 1 2016 by email at the email address provided as part of the Submission

93 Potential Winners (and if an Entrant Team all members of such team) may be required to complete and return an Affidavit of Eligibility and PublicityLiability Release (where legal) an Entrant Release Form

94 For Entrant Teams only the one (1) individual registered on the Submission will be responsible for disseminating collecting and subsequently submitting all required documents on behalf of their team

95 If any email notification is returned as undeliverable if a potential Winner (and if an Entrant Team all members of such team) does not respond within the required number of days specified by Strava or if information collected within the clearance documentation entry or background check is found in non-compliance with these Official Rules andor Stravarsquos privacy policy or a potential winner decides to decline a prize for any reason whatsoever Strava shall have no further obligation to such potential winner (or if an Entrant Team all members of such team) and the prize will be forfeited and may be awarded to a runner-up at Stravarsquos sole discretion

10 PRIZESAWARDS

101 Challenge winners receive

bull 1st Place o Opportunity to remotely present winning app in front of Strava which will include the CEO

and other special guests Presentation may be in person if winner is local in San Francisco Bay Area

o Signed jersey by Ted King o Marketing exposure for App (as determined by Strava) o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 2nd Place o Signed jersey by Ted King o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 3rd Place o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 4th to 25th Place o 1 year premium subscription to Strava (approximately $59 value)

102 Strava in its sole discretion may choose to award fewer than the above

103 Only one (1) prize package per winning Entrant Team will be awarded Each individual team member will not receive the prize items

104 Prizes are non-transferable No prize substitutions or cash redemptions allowed Strava reserves the right to substitute a prize (or prize component) with one of comparable or greater value for any reason including if unable to award due to country specific regulation

105 If a winner removes their winning App from the Strava Play store prior to or during the time period it is scheduled to be featured (as described above) Strava will have no further obligation to feature or promote the App nor will the EntrantTeam be sent the additional prize items

106 Except where prohibited by law all federal state or other tax liabilities are the responsibility of the prize winner and Strava will not be responsible for any tax deductions which may be necessary

107 Prize winners are responsible for any costs and expenses associated with prize acceptance in their country of residence and use not specified herein as being provided

108 Designation as a prize winner is subject to Entrantrsquos proof of compliance with these Official Rules maintaining compliance with these Official Rules and approval by Strava

109 All details of prize not specified herein shall be determined solely by Strava

11 USE OF SUBMISSION PERSONAL DATA WAIVER RELEASE AND LIMITATION OF LIABILITY

111 Except where prohibited entrants waive and release Strava from any and all claims that EntrantsEntrant Teams may now or hereafter have in any jurisdiction based on moral rights or droit moral (note Residents of France may waive or assign hisher moral rights at any time without any justification) or unfair competition with respect to Stravarsquos exploitation of entries without further notification or compensation to EntrantsEntrant Team of any kind and agree not to instigate support maintain or authorize any action claim or lawsuit against Strava and its affiliates licensees or any other person in connection with this Challenge on the grounds that any use of any Submission or any derivative works infringe or violate any of EntrantsrsquoEntrant Teamsrsquo rights therein

112 Except for notification and clearance purposes Strava will not enter into any correspondence including email with non-winning EntrantsEntrant Teams Strava reserves the right in their sole discretion to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Challenge or violating these Official Rules

113 By submitting an App in this Challenge the EntrantEntrant Team warrants and represents that (s)he owns all of the intellectual and industrial property rights in and to the App Further the EntrantEntrant Team agrees to grant Strava a perpetual irrevocable worldwide royalty-free and non-exclusive license (and if a resident of France for a duration of one (1) year starting October 11 2016) to use advertise display demonstrate promote reproduce publicly perform publicly display and create derivative work including screenshots animations and video clips available for promotional purposes from any entry or App that EntrantEntrant Team submits specifically in connection with the advertising and promotion of the Challenge and the App via communication to the public or other groups including but not limited to all marketing communications (including but not limited to email campaigns advertising via social networking andor

other media outlets including print and on-air media) without any notice approval or compensation to the respective Entrant

114 Except where prohibited each prize winner further consents (and agrees to sign any additional documents required by Strava to formalize effect or perfect such consent) to Stravarsquos use of hisher name likeness (photograph) biographical information and voice in advertisingpublicitytrade (including local andor national television stations or print publications that may be covering any element of this Challenge) worldwide without compensation notice or approval and prize winner disclaims any ownership rights to the content of such advertisingpublicitytrade material

115 EACH ENTRANTENTRANT TEAM MEMBER ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES AGREES TO BE BOUND BY THE DECISIONS OF STRAVA WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CHALLENGE AND AGREES TO RELEASE INDEMNIFY AND HOLD HARMLESS STRAVA AND EACH OF ITS SUBSIDIARIES AFFILIATES ADVERTISING PROMOTION AND PUBLIC RELATIONS AGENCIES AND THE RESPECTIVE OFFICERS DIRECTORS EMPLOYEES REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS LOSSES LIABILITY AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYSrsquo FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM INCURRED SUSTAINED OR ARISING IN CONNECTION WITH THE USE ACCEPTANCE MISUSE OR DONATION OF THE PRIZE OR WHILE PREPARING FOR PARTICIPATING IN ANDOR TRAVELLING TO OR FROM ANY CHALLENGE-RELATED ACTIVITY INCLUDING WITHOUT LIMITATION ANY INJURY DAMAGE DEATH LOSS OR ACCIDENT TO PERSON ANIMAL OR PROPERTY OR FROM THE RESPECTIVE ENTRANTSrsquo BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CHALLENGE INCLUDING THESE OFFICIAL RULES ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE STRAVA AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS CLASS LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU

116 Each EntrantEntrant Team member hereby acknowledges and agrees that the relationship between themselves and Strava is not a confidential fiduciary or other special relationship and that the Entrantrsquos decision to provide the entry to Strava for purposes of the Challenge does not place Strava in a position that is any different from the position held by members of the general public with regard to elements of the entry other than as set forth in these Official Rules Each Entrant understands and acknowledges that Strava has wide access to ideas stories designs and other literary materials and that new ideas are constantly being submitted to it or being developed by their own employees Each Entrant also acknowledges that many ideas or stories may be competitive with similar to or identical to the entry submission andor each other in theme idea plot format or other respects Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Stravarsquos use of any such similar or identical material that has or may come to Strava or any of them from other sources Entrants acknowledge that other EntrantsEntrant Teams may have created ideas and concepts contained in their entry that may have familiarities or similarities to their entry and that they will not be entitled to any compensation or right to negotiate with Strava because of these familiarities or similarities

117 Each Entrant acknowledges and agrees that Strava does not now and shall not have in the future any duty or liability direct or indirect vicarious contributory or otherwise with respect to the infringement or protection of the Entrantrsquos copyright in and to the entry Finally each Entrant acknowledges that with respect to any claim by Entrant relating to or arising out of Stravarsquos actual or alleged exploitation or use of any submission or other material submitted in connection with the Challenge the damage if any thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production distribution exhibition or other exploitation of any program website advertising materials or other thing based on or allegedly based on the entry submission and Entrantrsquos rights and remedies in any such event shall be strictly limited to the right to recover damages if any in an action at law Each Entrant hereby acknowledges and agrees that Stravarsquos trademarks and other intellectual property are the exclusive property of Strava Each Entrant further acknowledges and agrees that Stravarsquos marks and their intellectual property are valid and enforceable and that Entrant shall do nothing to challenge the validity or enforceability of Stravarsquos marks in any forum Entrants agree that the use of Stravarsquos marks slogans and characters is permitted only for the purpose of making an entry in this Challenge and that any use of Stravarsquos marks slogans and characters (whether in the entry or otherwise) beyond this scope infringes the rights of Strava and will result in irreparable harm to Strava

118 Unless the laws relevant for the domicile of the Entrant provide otherwise this Challenge is governed by US law and is subject to all applicable federal state and local laws Except where prohibited by law any and all legal actions or claims arising in connection with this Challenge must be brought in a court of competent jurisdiction in San Francisco California USA Further in any such dispute under no circumstances will Entrants be permitted to obtain awards for and hereby waive all rights to claim punitive incidental or consequential damages including attorneys fees other than Entrantrsquos actual out-of-pocket expenses (eg costs associated with entering) and Entrant further waives all rights to have damages multiplied or increased

12 INTERNET

121 Entrants further agree that Strava and any of their respective parents subsidiaries affiliates and each of their respective officers directors shareholders agents and employees and any Internet access providers are not responsible for the following (a) electronic transmissions entries that are lost late stolen incomplete illegible damaged garbled destroyed misdirected or not received by Strava or its agents for any reason (b) any problems or technical malfunctions errors omissions interruptions deletions defects delays in operation or transmission communication failures andor human error that may occur in the transmission receipt or processing of entries or related materials or for destruction of or unauthorized access to or alteration of entries or related material (c) failed or unavailable hardware network software or telephone transmissions damage to Entrantsrsquo or any personrsquos computer andor its contents related to or resulting from participation in this Challenge or (d) causes that jeopardize the administration security fairness integrity or proper conduct of this Challenge (e) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified) (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Challenge

122 Strava reserves the right in its sole discretion to cancel or suspend this Challenge should virus bugs fraud hacking or other causes corrupt the administration security or proper play of the Challenge In such cases notice to this effect will be posted on the Challenge Site and the prize winners may be determined from all eligible entries received prior to cancellation

123 If in Stravarsquos opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge or if technical difficulties compromise the integrity of the Challenge Strava reserves the right to void suspect entries andor terminate the Challenge and award the prizes in its sole discretion The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited In the event of a dispute as to the identity of an Entrant based on an email address the entry in question may be disqualified subject to Stravarsquos discretion

13 COUNTRY SPECIFIC NOTICES If any provision of these Official Rules is invalid under the law rules or regulations of a particular country the invalidity of such provision shall not affect the validity of the remaining provision In addition to the tax liability disclosures in these Official Rules prize winners are subject to and must abide by the income reporting and if applicable the payment of any taxes due pursuant to the laws rules and regulations of the prize winnersrsquo jurisdiction of residence

131 FOR UK Notwithstanding anything elsewhere in these Official Rules no personrsquos or entityrsquos liability for death or personal injury caused by its negligence shall be limited in any way and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded

132 FOR FRANCE Nothing shall exclude or limit a consumerrsquos right to obtain compensation for the Competition Entities breach of any of their obligations

133 FOR GERMANY (i) Challenge Entities shall be fully liable for intent and gross negligence as well as for damages caused by injury to life body or health (ii) In an event of slight negligence Challenge Entities shall be liable only for breaches of a material contractual obligation (cardinal duty) A ldquocardinal dutyrdquo shall be defined as an obligation whose fulfillment makes the implementation of this contract possible and on the fulfillment of which the contracting parties may therefore generally rely (iii) in the event of slight negligence as outlined in Clause (ii) Challenge Entities shall not be liable for any lack of commercial success lost profits and indirect damages (iv) Liability in accordance with the above Clauses (ii) and (iii) shall be limited to typical foreseeable damages (v) This limitation of liability shall apply mutatis mutandis to the benefit of the employees agents and vicarious agents of Strava (vi) Any potential liability on the part of Strava for any warranties and for claims based on the German Product Liability Act shall not be affected

Where these Official Rules provide for discretion exercisable by a Competition Entity that could otherwise be capable of causing a significant imbalance in the partiesrsquo rights and obligation hereunder to the detriment of a consumer and contrary to the requirement of good faith shall be exercised reasonably and in good faith

STRAVA Strava Inc 500 3rd St San Francisco CA 94107 USA

Page 3: Official Rules Strava Developer Contest 2016 Rules Strava Developer Contest 2016

54 Apps may not be updated or changed once an Entrant uploads it as Submission until after the App Judging Period has ended and the winners are announced

55 The App must be designed for the English language and may be available in other languages at the Entrantrsquos option The App must also be available for use by Strava athletes in the US and other countries at the Entrantrsquos option

6 ENTRY TERMS

61 Determination of compliance with entry technical and creative requirements and these Official Rules will be in the sole discretion of Strava and designated Judging Panel By entering Entrants warrant that the Submission

a is the original work of the EntrantEntrant Team or an update to an original work of the EntrantEntrant Team

b does not contain any use of names likenesses photographs or other identifying elements in whole or in part of any person living or dead without permission (proof of which must be provided to Strava upon request in a form satisfactory to Strava)

c does not infringe or violate the rights of any third party including but not limited to copyrights trademarks logos copyrighted material not owned by Entrant (other than Stravarsquos related materials) contract and licensing rights rights of publicity or privacy moral rights or any other intellectual property rights

d is not subject to any third party agreements and that Strava will not be required to pay or incur any sums to any person or entity as a result of its ownership acquisition use or exploitation of the entries or rights therein

e was made with the understanding that any required permits from local authorities or other permissions have been obtained and is documented sufficiently such that Entrant can show proof of such permission upon request from Strava

f does not contain hateful content of any kind (including without limitation racism sexism etc) content which promotes violence or harm to another living creature or any other offensive obscene or inappropriate content the determination of which shall remain in the sole discretion of Strava

g does not promote any activity that may appear unsafe or dangerous h does not contain reference to any political agenda or party and that EntrantEntrant Team

indemnify Strava from and against any cause of action complaints or other claims arising out of the breach of any of the foregoing warranties

7 PRIVACY

71 Entrant acknowledges and agrees that Strava may collect store share and otherwise use personally identifiable information provided by Entrants during the submission process and the Challenge including but not limited to the Entrantrsquos name mailing address phone number and email address

72 All information collected is subject to and will be used in accordance with Stravarsquos Privacy Policy (httpwwwStravacomprivacy) including for administering the Challenge and verifying Entrantrsquos identity postal address and telephone number in the event an entry qualifies for a prize

73 Each Entrantrsquos information may also be transferred to countries outside the country of Entrants residence including the United States Such other countries may not have privacy laws and regulations similar to those of the country of Entrants residence Strava will take all reasonable steps so that Entrantsrsquo personal information is treated securely and in accordance with Stravarsquos Privacy Policy and these Official Rules in respect of such transfer but will not otherwise take steps to ensure compliance with applicable laws in the Entrantsrsquo country of residence By entering the Challenge and clicking the check box agreeing to the Official Rules on the Challenge Site Entrants expressly agree to such transfer Entrant acknowledges and agrees that Entrantrsquos data may be shared with third parties for shipment of the prizes and email address if Entrant has opted into future communications consistent with Stravarsquos Privacy Policy (wwwstravacomprivacy) Each Entrant expressly agrees to the use of hisher personal information for such purpose

74 If an Entrant does not provide the mandatory data required at Submission Strava reserves the right to disqualify the entry The Entrant has the right to request access review rectification or deletion of any personal data held by Strava in connection with the Challenge by writing to Strava at this email address supportstravacom

74 Submissions that do not comply with these Official Rules as determined in Stravas sole discretion may be disqualified from the Challenge By entering all Entrants understand and agree that all eligible

Submissions may be posted on the Internet (and other media as designated by Strava in its sole discretion) for public view

75 If Strava determines in its sole discretion that an EntrantEntrant Team us not in compliance with these Official Rules or consider a Submission inappropriate in any way the Submission will be disqualified

76 By entering the Challenge each EntrantEntrant Team represents and warrants that he or she has obtained all of the rights licenses and permissions in writing from any person who may have helped create or who is referred in any manner in the entry and such persons must be listed as a team member of the applicable Entrant Team

77 Entrants MAY NOT submit Apps created by any person other than themselves or their team members

78 Decisions of Strava are final and binding

8 APP JUDGING

81 At the end of the Submission Period all eligible Submissions will be judged and scored by a judging panel chosen by Strava (ldquoApp Judging Panelrdquo) The App Judging Panel will determine the top Submissions and winners

82 All decisions of the App Judging Panel are made at the judgesrsquo sole discretion

83 The App Judging Panelrsquos decisions are final and binding in all matters relating to Submissions and this Challenge

9 WINNER NOTIFICATION

91 Winners are subject to verification by Strava

92 Potential Winners will be notified on or about October 1 2016 by email at the email address provided as part of the Submission

93 Potential Winners (and if an Entrant Team all members of such team) may be required to complete and return an Affidavit of Eligibility and PublicityLiability Release (where legal) an Entrant Release Form

94 For Entrant Teams only the one (1) individual registered on the Submission will be responsible for disseminating collecting and subsequently submitting all required documents on behalf of their team

95 If any email notification is returned as undeliverable if a potential Winner (and if an Entrant Team all members of such team) does not respond within the required number of days specified by Strava or if information collected within the clearance documentation entry or background check is found in non-compliance with these Official Rules andor Stravarsquos privacy policy or a potential winner decides to decline a prize for any reason whatsoever Strava shall have no further obligation to such potential winner (or if an Entrant Team all members of such team) and the prize will be forfeited and may be awarded to a runner-up at Stravarsquos sole discretion

10 PRIZESAWARDS

101 Challenge winners receive

bull 1st Place o Opportunity to remotely present winning app in front of Strava which will include the CEO

and other special guests Presentation may be in person if winner is local in San Francisco Bay Area

o Signed jersey by Ted King o Marketing exposure for App (as determined by Strava) o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 2nd Place o Signed jersey by Ted King o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 3rd Place o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 4th to 25th Place o 1 year premium subscription to Strava (approximately $59 value)

102 Strava in its sole discretion may choose to award fewer than the above

103 Only one (1) prize package per winning Entrant Team will be awarded Each individual team member will not receive the prize items

104 Prizes are non-transferable No prize substitutions or cash redemptions allowed Strava reserves the right to substitute a prize (or prize component) with one of comparable or greater value for any reason including if unable to award due to country specific regulation

105 If a winner removes their winning App from the Strava Play store prior to or during the time period it is scheduled to be featured (as described above) Strava will have no further obligation to feature or promote the App nor will the EntrantTeam be sent the additional prize items

106 Except where prohibited by law all federal state or other tax liabilities are the responsibility of the prize winner and Strava will not be responsible for any tax deductions which may be necessary

107 Prize winners are responsible for any costs and expenses associated with prize acceptance in their country of residence and use not specified herein as being provided

108 Designation as a prize winner is subject to Entrantrsquos proof of compliance with these Official Rules maintaining compliance with these Official Rules and approval by Strava

109 All details of prize not specified herein shall be determined solely by Strava

11 USE OF SUBMISSION PERSONAL DATA WAIVER RELEASE AND LIMITATION OF LIABILITY

111 Except where prohibited entrants waive and release Strava from any and all claims that EntrantsEntrant Teams may now or hereafter have in any jurisdiction based on moral rights or droit moral (note Residents of France may waive or assign hisher moral rights at any time without any justification) or unfair competition with respect to Stravarsquos exploitation of entries without further notification or compensation to EntrantsEntrant Team of any kind and agree not to instigate support maintain or authorize any action claim or lawsuit against Strava and its affiliates licensees or any other person in connection with this Challenge on the grounds that any use of any Submission or any derivative works infringe or violate any of EntrantsrsquoEntrant Teamsrsquo rights therein

112 Except for notification and clearance purposes Strava will not enter into any correspondence including email with non-winning EntrantsEntrant Teams Strava reserves the right in their sole discretion to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Challenge or violating these Official Rules

113 By submitting an App in this Challenge the EntrantEntrant Team warrants and represents that (s)he owns all of the intellectual and industrial property rights in and to the App Further the EntrantEntrant Team agrees to grant Strava a perpetual irrevocable worldwide royalty-free and non-exclusive license (and if a resident of France for a duration of one (1) year starting October 11 2016) to use advertise display demonstrate promote reproduce publicly perform publicly display and create derivative work including screenshots animations and video clips available for promotional purposes from any entry or App that EntrantEntrant Team submits specifically in connection with the advertising and promotion of the Challenge and the App via communication to the public or other groups including but not limited to all marketing communications (including but not limited to email campaigns advertising via social networking andor

other media outlets including print and on-air media) without any notice approval or compensation to the respective Entrant

114 Except where prohibited each prize winner further consents (and agrees to sign any additional documents required by Strava to formalize effect or perfect such consent) to Stravarsquos use of hisher name likeness (photograph) biographical information and voice in advertisingpublicitytrade (including local andor national television stations or print publications that may be covering any element of this Challenge) worldwide without compensation notice or approval and prize winner disclaims any ownership rights to the content of such advertisingpublicitytrade material

115 EACH ENTRANTENTRANT TEAM MEMBER ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES AGREES TO BE BOUND BY THE DECISIONS OF STRAVA WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CHALLENGE AND AGREES TO RELEASE INDEMNIFY AND HOLD HARMLESS STRAVA AND EACH OF ITS SUBSIDIARIES AFFILIATES ADVERTISING PROMOTION AND PUBLIC RELATIONS AGENCIES AND THE RESPECTIVE OFFICERS DIRECTORS EMPLOYEES REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS LOSSES LIABILITY AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYSrsquo FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM INCURRED SUSTAINED OR ARISING IN CONNECTION WITH THE USE ACCEPTANCE MISUSE OR DONATION OF THE PRIZE OR WHILE PREPARING FOR PARTICIPATING IN ANDOR TRAVELLING TO OR FROM ANY CHALLENGE-RELATED ACTIVITY INCLUDING WITHOUT LIMITATION ANY INJURY DAMAGE DEATH LOSS OR ACCIDENT TO PERSON ANIMAL OR PROPERTY OR FROM THE RESPECTIVE ENTRANTSrsquo BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CHALLENGE INCLUDING THESE OFFICIAL RULES ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE STRAVA AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS CLASS LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU

116 Each EntrantEntrant Team member hereby acknowledges and agrees that the relationship between themselves and Strava is not a confidential fiduciary or other special relationship and that the Entrantrsquos decision to provide the entry to Strava for purposes of the Challenge does not place Strava in a position that is any different from the position held by members of the general public with regard to elements of the entry other than as set forth in these Official Rules Each Entrant understands and acknowledges that Strava has wide access to ideas stories designs and other literary materials and that new ideas are constantly being submitted to it or being developed by their own employees Each Entrant also acknowledges that many ideas or stories may be competitive with similar to or identical to the entry submission andor each other in theme idea plot format or other respects Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Stravarsquos use of any such similar or identical material that has or may come to Strava or any of them from other sources Entrants acknowledge that other EntrantsEntrant Teams may have created ideas and concepts contained in their entry that may have familiarities or similarities to their entry and that they will not be entitled to any compensation or right to negotiate with Strava because of these familiarities or similarities

117 Each Entrant acknowledges and agrees that Strava does not now and shall not have in the future any duty or liability direct or indirect vicarious contributory or otherwise with respect to the infringement or protection of the Entrantrsquos copyright in and to the entry Finally each Entrant acknowledges that with respect to any claim by Entrant relating to or arising out of Stravarsquos actual or alleged exploitation or use of any submission or other material submitted in connection with the Challenge the damage if any thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production distribution exhibition or other exploitation of any program website advertising materials or other thing based on or allegedly based on the entry submission and Entrantrsquos rights and remedies in any such event shall be strictly limited to the right to recover damages if any in an action at law Each Entrant hereby acknowledges and agrees that Stravarsquos trademarks and other intellectual property are the exclusive property of Strava Each Entrant further acknowledges and agrees that Stravarsquos marks and their intellectual property are valid and enforceable and that Entrant shall do nothing to challenge the validity or enforceability of Stravarsquos marks in any forum Entrants agree that the use of Stravarsquos marks slogans and characters is permitted only for the purpose of making an entry in this Challenge and that any use of Stravarsquos marks slogans and characters (whether in the entry or otherwise) beyond this scope infringes the rights of Strava and will result in irreparable harm to Strava

118 Unless the laws relevant for the domicile of the Entrant provide otherwise this Challenge is governed by US law and is subject to all applicable federal state and local laws Except where prohibited by law any and all legal actions or claims arising in connection with this Challenge must be brought in a court of competent jurisdiction in San Francisco California USA Further in any such dispute under no circumstances will Entrants be permitted to obtain awards for and hereby waive all rights to claim punitive incidental or consequential damages including attorneys fees other than Entrantrsquos actual out-of-pocket expenses (eg costs associated with entering) and Entrant further waives all rights to have damages multiplied or increased

12 INTERNET

121 Entrants further agree that Strava and any of their respective parents subsidiaries affiliates and each of their respective officers directors shareholders agents and employees and any Internet access providers are not responsible for the following (a) electronic transmissions entries that are lost late stolen incomplete illegible damaged garbled destroyed misdirected or not received by Strava or its agents for any reason (b) any problems or technical malfunctions errors omissions interruptions deletions defects delays in operation or transmission communication failures andor human error that may occur in the transmission receipt or processing of entries or related materials or for destruction of or unauthorized access to or alteration of entries or related material (c) failed or unavailable hardware network software or telephone transmissions damage to Entrantsrsquo or any personrsquos computer andor its contents related to or resulting from participation in this Challenge or (d) causes that jeopardize the administration security fairness integrity or proper conduct of this Challenge (e) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified) (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Challenge

122 Strava reserves the right in its sole discretion to cancel or suspend this Challenge should virus bugs fraud hacking or other causes corrupt the administration security or proper play of the Challenge In such cases notice to this effect will be posted on the Challenge Site and the prize winners may be determined from all eligible entries received prior to cancellation

123 If in Stravarsquos opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge or if technical difficulties compromise the integrity of the Challenge Strava reserves the right to void suspect entries andor terminate the Challenge and award the prizes in its sole discretion The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited In the event of a dispute as to the identity of an Entrant based on an email address the entry in question may be disqualified subject to Stravarsquos discretion

13 COUNTRY SPECIFIC NOTICES If any provision of these Official Rules is invalid under the law rules or regulations of a particular country the invalidity of such provision shall not affect the validity of the remaining provision In addition to the tax liability disclosures in these Official Rules prize winners are subject to and must abide by the income reporting and if applicable the payment of any taxes due pursuant to the laws rules and regulations of the prize winnersrsquo jurisdiction of residence

131 FOR UK Notwithstanding anything elsewhere in these Official Rules no personrsquos or entityrsquos liability for death or personal injury caused by its negligence shall be limited in any way and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded

132 FOR FRANCE Nothing shall exclude or limit a consumerrsquos right to obtain compensation for the Competition Entities breach of any of their obligations

133 FOR GERMANY (i) Challenge Entities shall be fully liable for intent and gross negligence as well as for damages caused by injury to life body or health (ii) In an event of slight negligence Challenge Entities shall be liable only for breaches of a material contractual obligation (cardinal duty) A ldquocardinal dutyrdquo shall be defined as an obligation whose fulfillment makes the implementation of this contract possible and on the fulfillment of which the contracting parties may therefore generally rely (iii) in the event of slight negligence as outlined in Clause (ii) Challenge Entities shall not be liable for any lack of commercial success lost profits and indirect damages (iv) Liability in accordance with the above Clauses (ii) and (iii) shall be limited to typical foreseeable damages (v) This limitation of liability shall apply mutatis mutandis to the benefit of the employees agents and vicarious agents of Strava (vi) Any potential liability on the part of Strava for any warranties and for claims based on the German Product Liability Act shall not be affected

Where these Official Rules provide for discretion exercisable by a Competition Entity that could otherwise be capable of causing a significant imbalance in the partiesrsquo rights and obligation hereunder to the detriment of a consumer and contrary to the requirement of good faith shall be exercised reasonably and in good faith

STRAVA Strava Inc 500 3rd St San Francisco CA 94107 USA

Page 4: Official Rules Strava Developer Contest 2016 Rules Strava Developer Contest 2016

Submissions may be posted on the Internet (and other media as designated by Strava in its sole discretion) for public view

75 If Strava determines in its sole discretion that an EntrantEntrant Team us not in compliance with these Official Rules or consider a Submission inappropriate in any way the Submission will be disqualified

76 By entering the Challenge each EntrantEntrant Team represents and warrants that he or she has obtained all of the rights licenses and permissions in writing from any person who may have helped create or who is referred in any manner in the entry and such persons must be listed as a team member of the applicable Entrant Team

77 Entrants MAY NOT submit Apps created by any person other than themselves or their team members

78 Decisions of Strava are final and binding

8 APP JUDGING

81 At the end of the Submission Period all eligible Submissions will be judged and scored by a judging panel chosen by Strava (ldquoApp Judging Panelrdquo) The App Judging Panel will determine the top Submissions and winners

82 All decisions of the App Judging Panel are made at the judgesrsquo sole discretion

83 The App Judging Panelrsquos decisions are final and binding in all matters relating to Submissions and this Challenge

9 WINNER NOTIFICATION

91 Winners are subject to verification by Strava

92 Potential Winners will be notified on or about October 1 2016 by email at the email address provided as part of the Submission

93 Potential Winners (and if an Entrant Team all members of such team) may be required to complete and return an Affidavit of Eligibility and PublicityLiability Release (where legal) an Entrant Release Form

94 For Entrant Teams only the one (1) individual registered on the Submission will be responsible for disseminating collecting and subsequently submitting all required documents on behalf of their team

95 If any email notification is returned as undeliverable if a potential Winner (and if an Entrant Team all members of such team) does not respond within the required number of days specified by Strava or if information collected within the clearance documentation entry or background check is found in non-compliance with these Official Rules andor Stravarsquos privacy policy or a potential winner decides to decline a prize for any reason whatsoever Strava shall have no further obligation to such potential winner (or if an Entrant Team all members of such team) and the prize will be forfeited and may be awarded to a runner-up at Stravarsquos sole discretion

10 PRIZESAWARDS

101 Challenge winners receive

bull 1st Place o Opportunity to remotely present winning app in front of Strava which will include the CEO

and other special guests Presentation may be in person if winner is local in San Francisco Bay Area

o Signed jersey by Ted King o Marketing exposure for App (as determined by Strava) o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 2nd Place o Signed jersey by Ted King o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 3rd Place o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 4th to 25th Place o 1 year premium subscription to Strava (approximately $59 value)

102 Strava in its sole discretion may choose to award fewer than the above

103 Only one (1) prize package per winning Entrant Team will be awarded Each individual team member will not receive the prize items

104 Prizes are non-transferable No prize substitutions or cash redemptions allowed Strava reserves the right to substitute a prize (or prize component) with one of comparable or greater value for any reason including if unable to award due to country specific regulation

105 If a winner removes their winning App from the Strava Play store prior to or during the time period it is scheduled to be featured (as described above) Strava will have no further obligation to feature or promote the App nor will the EntrantTeam be sent the additional prize items

106 Except where prohibited by law all federal state or other tax liabilities are the responsibility of the prize winner and Strava will not be responsible for any tax deductions which may be necessary

107 Prize winners are responsible for any costs and expenses associated with prize acceptance in their country of residence and use not specified herein as being provided

108 Designation as a prize winner is subject to Entrantrsquos proof of compliance with these Official Rules maintaining compliance with these Official Rules and approval by Strava

109 All details of prize not specified herein shall be determined solely by Strava

11 USE OF SUBMISSION PERSONAL DATA WAIVER RELEASE AND LIMITATION OF LIABILITY

111 Except where prohibited entrants waive and release Strava from any and all claims that EntrantsEntrant Teams may now or hereafter have in any jurisdiction based on moral rights or droit moral (note Residents of France may waive or assign hisher moral rights at any time without any justification) or unfair competition with respect to Stravarsquos exploitation of entries without further notification or compensation to EntrantsEntrant Team of any kind and agree not to instigate support maintain or authorize any action claim or lawsuit against Strava and its affiliates licensees or any other person in connection with this Challenge on the grounds that any use of any Submission or any derivative works infringe or violate any of EntrantsrsquoEntrant Teamsrsquo rights therein

112 Except for notification and clearance purposes Strava will not enter into any correspondence including email with non-winning EntrantsEntrant Teams Strava reserves the right in their sole discretion to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Challenge or violating these Official Rules

113 By submitting an App in this Challenge the EntrantEntrant Team warrants and represents that (s)he owns all of the intellectual and industrial property rights in and to the App Further the EntrantEntrant Team agrees to grant Strava a perpetual irrevocable worldwide royalty-free and non-exclusive license (and if a resident of France for a duration of one (1) year starting October 11 2016) to use advertise display demonstrate promote reproduce publicly perform publicly display and create derivative work including screenshots animations and video clips available for promotional purposes from any entry or App that EntrantEntrant Team submits specifically in connection with the advertising and promotion of the Challenge and the App via communication to the public or other groups including but not limited to all marketing communications (including but not limited to email campaigns advertising via social networking andor

other media outlets including print and on-air media) without any notice approval or compensation to the respective Entrant

114 Except where prohibited each prize winner further consents (and agrees to sign any additional documents required by Strava to formalize effect or perfect such consent) to Stravarsquos use of hisher name likeness (photograph) biographical information and voice in advertisingpublicitytrade (including local andor national television stations or print publications that may be covering any element of this Challenge) worldwide without compensation notice or approval and prize winner disclaims any ownership rights to the content of such advertisingpublicitytrade material

115 EACH ENTRANTENTRANT TEAM MEMBER ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES AGREES TO BE BOUND BY THE DECISIONS OF STRAVA WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CHALLENGE AND AGREES TO RELEASE INDEMNIFY AND HOLD HARMLESS STRAVA AND EACH OF ITS SUBSIDIARIES AFFILIATES ADVERTISING PROMOTION AND PUBLIC RELATIONS AGENCIES AND THE RESPECTIVE OFFICERS DIRECTORS EMPLOYEES REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS LOSSES LIABILITY AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYSrsquo FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM INCURRED SUSTAINED OR ARISING IN CONNECTION WITH THE USE ACCEPTANCE MISUSE OR DONATION OF THE PRIZE OR WHILE PREPARING FOR PARTICIPATING IN ANDOR TRAVELLING TO OR FROM ANY CHALLENGE-RELATED ACTIVITY INCLUDING WITHOUT LIMITATION ANY INJURY DAMAGE DEATH LOSS OR ACCIDENT TO PERSON ANIMAL OR PROPERTY OR FROM THE RESPECTIVE ENTRANTSrsquo BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CHALLENGE INCLUDING THESE OFFICIAL RULES ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE STRAVA AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS CLASS LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU

116 Each EntrantEntrant Team member hereby acknowledges and agrees that the relationship between themselves and Strava is not a confidential fiduciary or other special relationship and that the Entrantrsquos decision to provide the entry to Strava for purposes of the Challenge does not place Strava in a position that is any different from the position held by members of the general public with regard to elements of the entry other than as set forth in these Official Rules Each Entrant understands and acknowledges that Strava has wide access to ideas stories designs and other literary materials and that new ideas are constantly being submitted to it or being developed by their own employees Each Entrant also acknowledges that many ideas or stories may be competitive with similar to or identical to the entry submission andor each other in theme idea plot format or other respects Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Stravarsquos use of any such similar or identical material that has or may come to Strava or any of them from other sources Entrants acknowledge that other EntrantsEntrant Teams may have created ideas and concepts contained in their entry that may have familiarities or similarities to their entry and that they will not be entitled to any compensation or right to negotiate with Strava because of these familiarities or similarities

117 Each Entrant acknowledges and agrees that Strava does not now and shall not have in the future any duty or liability direct or indirect vicarious contributory or otherwise with respect to the infringement or protection of the Entrantrsquos copyright in and to the entry Finally each Entrant acknowledges that with respect to any claim by Entrant relating to or arising out of Stravarsquos actual or alleged exploitation or use of any submission or other material submitted in connection with the Challenge the damage if any thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production distribution exhibition or other exploitation of any program website advertising materials or other thing based on or allegedly based on the entry submission and Entrantrsquos rights and remedies in any such event shall be strictly limited to the right to recover damages if any in an action at law Each Entrant hereby acknowledges and agrees that Stravarsquos trademarks and other intellectual property are the exclusive property of Strava Each Entrant further acknowledges and agrees that Stravarsquos marks and their intellectual property are valid and enforceable and that Entrant shall do nothing to challenge the validity or enforceability of Stravarsquos marks in any forum Entrants agree that the use of Stravarsquos marks slogans and characters is permitted only for the purpose of making an entry in this Challenge and that any use of Stravarsquos marks slogans and characters (whether in the entry or otherwise) beyond this scope infringes the rights of Strava and will result in irreparable harm to Strava

118 Unless the laws relevant for the domicile of the Entrant provide otherwise this Challenge is governed by US law and is subject to all applicable federal state and local laws Except where prohibited by law any and all legal actions or claims arising in connection with this Challenge must be brought in a court of competent jurisdiction in San Francisco California USA Further in any such dispute under no circumstances will Entrants be permitted to obtain awards for and hereby waive all rights to claim punitive incidental or consequential damages including attorneys fees other than Entrantrsquos actual out-of-pocket expenses (eg costs associated with entering) and Entrant further waives all rights to have damages multiplied or increased

12 INTERNET

121 Entrants further agree that Strava and any of their respective parents subsidiaries affiliates and each of their respective officers directors shareholders agents and employees and any Internet access providers are not responsible for the following (a) electronic transmissions entries that are lost late stolen incomplete illegible damaged garbled destroyed misdirected or not received by Strava or its agents for any reason (b) any problems or technical malfunctions errors omissions interruptions deletions defects delays in operation or transmission communication failures andor human error that may occur in the transmission receipt or processing of entries or related materials or for destruction of or unauthorized access to or alteration of entries or related material (c) failed or unavailable hardware network software or telephone transmissions damage to Entrantsrsquo or any personrsquos computer andor its contents related to or resulting from participation in this Challenge or (d) causes that jeopardize the administration security fairness integrity or proper conduct of this Challenge (e) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified) (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Challenge

122 Strava reserves the right in its sole discretion to cancel or suspend this Challenge should virus bugs fraud hacking or other causes corrupt the administration security or proper play of the Challenge In such cases notice to this effect will be posted on the Challenge Site and the prize winners may be determined from all eligible entries received prior to cancellation

123 If in Stravarsquos opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge or if technical difficulties compromise the integrity of the Challenge Strava reserves the right to void suspect entries andor terminate the Challenge and award the prizes in its sole discretion The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited In the event of a dispute as to the identity of an Entrant based on an email address the entry in question may be disqualified subject to Stravarsquos discretion

13 COUNTRY SPECIFIC NOTICES If any provision of these Official Rules is invalid under the law rules or regulations of a particular country the invalidity of such provision shall not affect the validity of the remaining provision In addition to the tax liability disclosures in these Official Rules prize winners are subject to and must abide by the income reporting and if applicable the payment of any taxes due pursuant to the laws rules and regulations of the prize winnersrsquo jurisdiction of residence

131 FOR UK Notwithstanding anything elsewhere in these Official Rules no personrsquos or entityrsquos liability for death or personal injury caused by its negligence shall be limited in any way and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded

132 FOR FRANCE Nothing shall exclude or limit a consumerrsquos right to obtain compensation for the Competition Entities breach of any of their obligations

133 FOR GERMANY (i) Challenge Entities shall be fully liable for intent and gross negligence as well as for damages caused by injury to life body or health (ii) In an event of slight negligence Challenge Entities shall be liable only for breaches of a material contractual obligation (cardinal duty) A ldquocardinal dutyrdquo shall be defined as an obligation whose fulfillment makes the implementation of this contract possible and on the fulfillment of which the contracting parties may therefore generally rely (iii) in the event of slight negligence as outlined in Clause (ii) Challenge Entities shall not be liable for any lack of commercial success lost profits and indirect damages (iv) Liability in accordance with the above Clauses (ii) and (iii) shall be limited to typical foreseeable damages (v) This limitation of liability shall apply mutatis mutandis to the benefit of the employees agents and vicarious agents of Strava (vi) Any potential liability on the part of Strava for any warranties and for claims based on the German Product Liability Act shall not be affected

Where these Official Rules provide for discretion exercisable by a Competition Entity that could otherwise be capable of causing a significant imbalance in the partiesrsquo rights and obligation hereunder to the detriment of a consumer and contrary to the requirement of good faith shall be exercised reasonably and in good faith

STRAVA Strava Inc 500 3rd St San Francisco CA 94107 USA

Page 5: Official Rules Strava Developer Contest 2016 Rules Strava Developer Contest 2016

bull 2nd Place o Signed jersey by Ted King o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 3rd Place o App featured on Stravarsquos developer page o Garmin Edge 520s (approximately $299 retail value) o 1 year premium subscription to Strava (approximately $59 value)

bull 4th to 25th Place o 1 year premium subscription to Strava (approximately $59 value)

102 Strava in its sole discretion may choose to award fewer than the above

103 Only one (1) prize package per winning Entrant Team will be awarded Each individual team member will not receive the prize items

104 Prizes are non-transferable No prize substitutions or cash redemptions allowed Strava reserves the right to substitute a prize (or prize component) with one of comparable or greater value for any reason including if unable to award due to country specific regulation

105 If a winner removes their winning App from the Strava Play store prior to or during the time period it is scheduled to be featured (as described above) Strava will have no further obligation to feature or promote the App nor will the EntrantTeam be sent the additional prize items

106 Except where prohibited by law all federal state or other tax liabilities are the responsibility of the prize winner and Strava will not be responsible for any tax deductions which may be necessary

107 Prize winners are responsible for any costs and expenses associated with prize acceptance in their country of residence and use not specified herein as being provided

108 Designation as a prize winner is subject to Entrantrsquos proof of compliance with these Official Rules maintaining compliance with these Official Rules and approval by Strava

109 All details of prize not specified herein shall be determined solely by Strava

11 USE OF SUBMISSION PERSONAL DATA WAIVER RELEASE AND LIMITATION OF LIABILITY

111 Except where prohibited entrants waive and release Strava from any and all claims that EntrantsEntrant Teams may now or hereafter have in any jurisdiction based on moral rights or droit moral (note Residents of France may waive or assign hisher moral rights at any time without any justification) or unfair competition with respect to Stravarsquos exploitation of entries without further notification or compensation to EntrantsEntrant Team of any kind and agree not to instigate support maintain or authorize any action claim or lawsuit against Strava and its affiliates licensees or any other person in connection with this Challenge on the grounds that any use of any Submission or any derivative works infringe or violate any of EntrantsrsquoEntrant Teamsrsquo rights therein

112 Except for notification and clearance purposes Strava will not enter into any correspondence including email with non-winning EntrantsEntrant Teams Strava reserves the right in their sole discretion to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Challenge or violating these Official Rules

113 By submitting an App in this Challenge the EntrantEntrant Team warrants and represents that (s)he owns all of the intellectual and industrial property rights in and to the App Further the EntrantEntrant Team agrees to grant Strava a perpetual irrevocable worldwide royalty-free and non-exclusive license (and if a resident of France for a duration of one (1) year starting October 11 2016) to use advertise display demonstrate promote reproduce publicly perform publicly display and create derivative work including screenshots animations and video clips available for promotional purposes from any entry or App that EntrantEntrant Team submits specifically in connection with the advertising and promotion of the Challenge and the App via communication to the public or other groups including but not limited to all marketing communications (including but not limited to email campaigns advertising via social networking andor

other media outlets including print and on-air media) without any notice approval or compensation to the respective Entrant

114 Except where prohibited each prize winner further consents (and agrees to sign any additional documents required by Strava to formalize effect or perfect such consent) to Stravarsquos use of hisher name likeness (photograph) biographical information and voice in advertisingpublicitytrade (including local andor national television stations or print publications that may be covering any element of this Challenge) worldwide without compensation notice or approval and prize winner disclaims any ownership rights to the content of such advertisingpublicitytrade material

115 EACH ENTRANTENTRANT TEAM MEMBER ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES AGREES TO BE BOUND BY THE DECISIONS OF STRAVA WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CHALLENGE AND AGREES TO RELEASE INDEMNIFY AND HOLD HARMLESS STRAVA AND EACH OF ITS SUBSIDIARIES AFFILIATES ADVERTISING PROMOTION AND PUBLIC RELATIONS AGENCIES AND THE RESPECTIVE OFFICERS DIRECTORS EMPLOYEES REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS LOSSES LIABILITY AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYSrsquo FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM INCURRED SUSTAINED OR ARISING IN CONNECTION WITH THE USE ACCEPTANCE MISUSE OR DONATION OF THE PRIZE OR WHILE PREPARING FOR PARTICIPATING IN ANDOR TRAVELLING TO OR FROM ANY CHALLENGE-RELATED ACTIVITY INCLUDING WITHOUT LIMITATION ANY INJURY DAMAGE DEATH LOSS OR ACCIDENT TO PERSON ANIMAL OR PROPERTY OR FROM THE RESPECTIVE ENTRANTSrsquo BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CHALLENGE INCLUDING THESE OFFICIAL RULES ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE STRAVA AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS CLASS LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU

116 Each EntrantEntrant Team member hereby acknowledges and agrees that the relationship between themselves and Strava is not a confidential fiduciary or other special relationship and that the Entrantrsquos decision to provide the entry to Strava for purposes of the Challenge does not place Strava in a position that is any different from the position held by members of the general public with regard to elements of the entry other than as set forth in these Official Rules Each Entrant understands and acknowledges that Strava has wide access to ideas stories designs and other literary materials and that new ideas are constantly being submitted to it or being developed by their own employees Each Entrant also acknowledges that many ideas or stories may be competitive with similar to or identical to the entry submission andor each other in theme idea plot format or other respects Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Stravarsquos use of any such similar or identical material that has or may come to Strava or any of them from other sources Entrants acknowledge that other EntrantsEntrant Teams may have created ideas and concepts contained in their entry that may have familiarities or similarities to their entry and that they will not be entitled to any compensation or right to negotiate with Strava because of these familiarities or similarities

117 Each Entrant acknowledges and agrees that Strava does not now and shall not have in the future any duty or liability direct or indirect vicarious contributory or otherwise with respect to the infringement or protection of the Entrantrsquos copyright in and to the entry Finally each Entrant acknowledges that with respect to any claim by Entrant relating to or arising out of Stravarsquos actual or alleged exploitation or use of any submission or other material submitted in connection with the Challenge the damage if any thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production distribution exhibition or other exploitation of any program website advertising materials or other thing based on or allegedly based on the entry submission and Entrantrsquos rights and remedies in any such event shall be strictly limited to the right to recover damages if any in an action at law Each Entrant hereby acknowledges and agrees that Stravarsquos trademarks and other intellectual property are the exclusive property of Strava Each Entrant further acknowledges and agrees that Stravarsquos marks and their intellectual property are valid and enforceable and that Entrant shall do nothing to challenge the validity or enforceability of Stravarsquos marks in any forum Entrants agree that the use of Stravarsquos marks slogans and characters is permitted only for the purpose of making an entry in this Challenge and that any use of Stravarsquos marks slogans and characters (whether in the entry or otherwise) beyond this scope infringes the rights of Strava and will result in irreparable harm to Strava

118 Unless the laws relevant for the domicile of the Entrant provide otherwise this Challenge is governed by US law and is subject to all applicable federal state and local laws Except where prohibited by law any and all legal actions or claims arising in connection with this Challenge must be brought in a court of competent jurisdiction in San Francisco California USA Further in any such dispute under no circumstances will Entrants be permitted to obtain awards for and hereby waive all rights to claim punitive incidental or consequential damages including attorneys fees other than Entrantrsquos actual out-of-pocket expenses (eg costs associated with entering) and Entrant further waives all rights to have damages multiplied or increased

12 INTERNET

121 Entrants further agree that Strava and any of their respective parents subsidiaries affiliates and each of their respective officers directors shareholders agents and employees and any Internet access providers are not responsible for the following (a) electronic transmissions entries that are lost late stolen incomplete illegible damaged garbled destroyed misdirected or not received by Strava or its agents for any reason (b) any problems or technical malfunctions errors omissions interruptions deletions defects delays in operation or transmission communication failures andor human error that may occur in the transmission receipt or processing of entries or related materials or for destruction of or unauthorized access to or alteration of entries or related material (c) failed or unavailable hardware network software or telephone transmissions damage to Entrantsrsquo or any personrsquos computer andor its contents related to or resulting from participation in this Challenge or (d) causes that jeopardize the administration security fairness integrity or proper conduct of this Challenge (e) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified) (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Challenge

122 Strava reserves the right in its sole discretion to cancel or suspend this Challenge should virus bugs fraud hacking or other causes corrupt the administration security or proper play of the Challenge In such cases notice to this effect will be posted on the Challenge Site and the prize winners may be determined from all eligible entries received prior to cancellation

123 If in Stravarsquos opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge or if technical difficulties compromise the integrity of the Challenge Strava reserves the right to void suspect entries andor terminate the Challenge and award the prizes in its sole discretion The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited In the event of a dispute as to the identity of an Entrant based on an email address the entry in question may be disqualified subject to Stravarsquos discretion

13 COUNTRY SPECIFIC NOTICES If any provision of these Official Rules is invalid under the law rules or regulations of a particular country the invalidity of such provision shall not affect the validity of the remaining provision In addition to the tax liability disclosures in these Official Rules prize winners are subject to and must abide by the income reporting and if applicable the payment of any taxes due pursuant to the laws rules and regulations of the prize winnersrsquo jurisdiction of residence

131 FOR UK Notwithstanding anything elsewhere in these Official Rules no personrsquos or entityrsquos liability for death or personal injury caused by its negligence shall be limited in any way and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded

132 FOR FRANCE Nothing shall exclude or limit a consumerrsquos right to obtain compensation for the Competition Entities breach of any of their obligations

133 FOR GERMANY (i) Challenge Entities shall be fully liable for intent and gross negligence as well as for damages caused by injury to life body or health (ii) In an event of slight negligence Challenge Entities shall be liable only for breaches of a material contractual obligation (cardinal duty) A ldquocardinal dutyrdquo shall be defined as an obligation whose fulfillment makes the implementation of this contract possible and on the fulfillment of which the contracting parties may therefore generally rely (iii) in the event of slight negligence as outlined in Clause (ii) Challenge Entities shall not be liable for any lack of commercial success lost profits and indirect damages (iv) Liability in accordance with the above Clauses (ii) and (iii) shall be limited to typical foreseeable damages (v) This limitation of liability shall apply mutatis mutandis to the benefit of the employees agents and vicarious agents of Strava (vi) Any potential liability on the part of Strava for any warranties and for claims based on the German Product Liability Act shall not be affected

Where these Official Rules provide for discretion exercisable by a Competition Entity that could otherwise be capable of causing a significant imbalance in the partiesrsquo rights and obligation hereunder to the detriment of a consumer and contrary to the requirement of good faith shall be exercised reasonably and in good faith

STRAVA Strava Inc 500 3rd St San Francisco CA 94107 USA

Page 6: Official Rules Strava Developer Contest 2016 Rules Strava Developer Contest 2016

other media outlets including print and on-air media) without any notice approval or compensation to the respective Entrant

114 Except where prohibited each prize winner further consents (and agrees to sign any additional documents required by Strava to formalize effect or perfect such consent) to Stravarsquos use of hisher name likeness (photograph) biographical information and voice in advertisingpublicitytrade (including local andor national television stations or print publications that may be covering any element of this Challenge) worldwide without compensation notice or approval and prize winner disclaims any ownership rights to the content of such advertisingpublicitytrade material

115 EACH ENTRANTENTRANT TEAM MEMBER ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES AGREES TO BE BOUND BY THE DECISIONS OF STRAVA WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CHALLENGE AND AGREES TO RELEASE INDEMNIFY AND HOLD HARMLESS STRAVA AND EACH OF ITS SUBSIDIARIES AFFILIATES ADVERTISING PROMOTION AND PUBLIC RELATIONS AGENCIES AND THE RESPECTIVE OFFICERS DIRECTORS EMPLOYEES REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS LOSSES LIABILITY AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYSrsquo FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM INCURRED SUSTAINED OR ARISING IN CONNECTION WITH THE USE ACCEPTANCE MISUSE OR DONATION OF THE PRIZE OR WHILE PREPARING FOR PARTICIPATING IN ANDOR TRAVELLING TO OR FROM ANY CHALLENGE-RELATED ACTIVITY INCLUDING WITHOUT LIMITATION ANY INJURY DAMAGE DEATH LOSS OR ACCIDENT TO PERSON ANIMAL OR PROPERTY OR FROM THE RESPECTIVE ENTRANTSrsquo BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CHALLENGE INCLUDING THESE OFFICIAL RULES ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE STRAVA AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS CLASS LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU

116 Each EntrantEntrant Team member hereby acknowledges and agrees that the relationship between themselves and Strava is not a confidential fiduciary or other special relationship and that the Entrantrsquos decision to provide the entry to Strava for purposes of the Challenge does not place Strava in a position that is any different from the position held by members of the general public with regard to elements of the entry other than as set forth in these Official Rules Each Entrant understands and acknowledges that Strava has wide access to ideas stories designs and other literary materials and that new ideas are constantly being submitted to it or being developed by their own employees Each Entrant also acknowledges that many ideas or stories may be competitive with similar to or identical to the entry submission andor each other in theme idea plot format or other respects Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Stravarsquos use of any such similar or identical material that has or may come to Strava or any of them from other sources Entrants acknowledge that other EntrantsEntrant Teams may have created ideas and concepts contained in their entry that may have familiarities or similarities to their entry and that they will not be entitled to any compensation or right to negotiate with Strava because of these familiarities or similarities

117 Each Entrant acknowledges and agrees that Strava does not now and shall not have in the future any duty or liability direct or indirect vicarious contributory or otherwise with respect to the infringement or protection of the Entrantrsquos copyright in and to the entry Finally each Entrant acknowledges that with respect to any claim by Entrant relating to or arising out of Stravarsquos actual or alleged exploitation or use of any submission or other material submitted in connection with the Challenge the damage if any thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production distribution exhibition or other exploitation of any program website advertising materials or other thing based on or allegedly based on the entry submission and Entrantrsquos rights and remedies in any such event shall be strictly limited to the right to recover damages if any in an action at law Each Entrant hereby acknowledges and agrees that Stravarsquos trademarks and other intellectual property are the exclusive property of Strava Each Entrant further acknowledges and agrees that Stravarsquos marks and their intellectual property are valid and enforceable and that Entrant shall do nothing to challenge the validity or enforceability of Stravarsquos marks in any forum Entrants agree that the use of Stravarsquos marks slogans and characters is permitted only for the purpose of making an entry in this Challenge and that any use of Stravarsquos marks slogans and characters (whether in the entry or otherwise) beyond this scope infringes the rights of Strava and will result in irreparable harm to Strava

118 Unless the laws relevant for the domicile of the Entrant provide otherwise this Challenge is governed by US law and is subject to all applicable federal state and local laws Except where prohibited by law any and all legal actions or claims arising in connection with this Challenge must be brought in a court of competent jurisdiction in San Francisco California USA Further in any such dispute under no circumstances will Entrants be permitted to obtain awards for and hereby waive all rights to claim punitive incidental or consequential damages including attorneys fees other than Entrantrsquos actual out-of-pocket expenses (eg costs associated with entering) and Entrant further waives all rights to have damages multiplied or increased

12 INTERNET

121 Entrants further agree that Strava and any of their respective parents subsidiaries affiliates and each of their respective officers directors shareholders agents and employees and any Internet access providers are not responsible for the following (a) electronic transmissions entries that are lost late stolen incomplete illegible damaged garbled destroyed misdirected or not received by Strava or its agents for any reason (b) any problems or technical malfunctions errors omissions interruptions deletions defects delays in operation or transmission communication failures andor human error that may occur in the transmission receipt or processing of entries or related materials or for destruction of or unauthorized access to or alteration of entries or related material (c) failed or unavailable hardware network software or telephone transmissions damage to Entrantsrsquo or any personrsquos computer andor its contents related to or resulting from participation in this Challenge or (d) causes that jeopardize the administration security fairness integrity or proper conduct of this Challenge (e) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified) (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Challenge

122 Strava reserves the right in its sole discretion to cancel or suspend this Challenge should virus bugs fraud hacking or other causes corrupt the administration security or proper play of the Challenge In such cases notice to this effect will be posted on the Challenge Site and the prize winners may be determined from all eligible entries received prior to cancellation

123 If in Stravarsquos opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge or if technical difficulties compromise the integrity of the Challenge Strava reserves the right to void suspect entries andor terminate the Challenge and award the prizes in its sole discretion The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited In the event of a dispute as to the identity of an Entrant based on an email address the entry in question may be disqualified subject to Stravarsquos discretion

13 COUNTRY SPECIFIC NOTICES If any provision of these Official Rules is invalid under the law rules or regulations of a particular country the invalidity of such provision shall not affect the validity of the remaining provision In addition to the tax liability disclosures in these Official Rules prize winners are subject to and must abide by the income reporting and if applicable the payment of any taxes due pursuant to the laws rules and regulations of the prize winnersrsquo jurisdiction of residence

131 FOR UK Notwithstanding anything elsewhere in these Official Rules no personrsquos or entityrsquos liability for death or personal injury caused by its negligence shall be limited in any way and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded

132 FOR FRANCE Nothing shall exclude or limit a consumerrsquos right to obtain compensation for the Competition Entities breach of any of their obligations

133 FOR GERMANY (i) Challenge Entities shall be fully liable for intent and gross negligence as well as for damages caused by injury to life body or health (ii) In an event of slight negligence Challenge Entities shall be liable only for breaches of a material contractual obligation (cardinal duty) A ldquocardinal dutyrdquo shall be defined as an obligation whose fulfillment makes the implementation of this contract possible and on the fulfillment of which the contracting parties may therefore generally rely (iii) in the event of slight negligence as outlined in Clause (ii) Challenge Entities shall not be liable for any lack of commercial success lost profits and indirect damages (iv) Liability in accordance with the above Clauses (ii) and (iii) shall be limited to typical foreseeable damages (v) This limitation of liability shall apply mutatis mutandis to the benefit of the employees agents and vicarious agents of Strava (vi) Any potential liability on the part of Strava for any warranties and for claims based on the German Product Liability Act shall not be affected

Where these Official Rules provide for discretion exercisable by a Competition Entity that could otherwise be capable of causing a significant imbalance in the partiesrsquo rights and obligation hereunder to the detriment of a consumer and contrary to the requirement of good faith shall be exercised reasonably and in good faith

STRAVA Strava Inc 500 3rd St San Francisco CA 94107 USA

Page 7: Official Rules Strava Developer Contest 2016 Rules Strava Developer Contest 2016

118 Unless the laws relevant for the domicile of the Entrant provide otherwise this Challenge is governed by US law and is subject to all applicable federal state and local laws Except where prohibited by law any and all legal actions or claims arising in connection with this Challenge must be brought in a court of competent jurisdiction in San Francisco California USA Further in any such dispute under no circumstances will Entrants be permitted to obtain awards for and hereby waive all rights to claim punitive incidental or consequential damages including attorneys fees other than Entrantrsquos actual out-of-pocket expenses (eg costs associated with entering) and Entrant further waives all rights to have damages multiplied or increased

12 INTERNET

121 Entrants further agree that Strava and any of their respective parents subsidiaries affiliates and each of their respective officers directors shareholders agents and employees and any Internet access providers are not responsible for the following (a) electronic transmissions entries that are lost late stolen incomplete illegible damaged garbled destroyed misdirected or not received by Strava or its agents for any reason (b) any problems or technical malfunctions errors omissions interruptions deletions defects delays in operation or transmission communication failures andor human error that may occur in the transmission receipt or processing of entries or related materials or for destruction of or unauthorized access to or alteration of entries or related material (c) failed or unavailable hardware network software or telephone transmissions damage to Entrantsrsquo or any personrsquos computer andor its contents related to or resulting from participation in this Challenge or (d) causes that jeopardize the administration security fairness integrity or proper conduct of this Challenge (e) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified) (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Challenge

122 Strava reserves the right in its sole discretion to cancel or suspend this Challenge should virus bugs fraud hacking or other causes corrupt the administration security or proper play of the Challenge In such cases notice to this effect will be posted on the Challenge Site and the prize winners may be determined from all eligible entries received prior to cancellation

123 If in Stravarsquos opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge or if technical difficulties compromise the integrity of the Challenge Strava reserves the right to void suspect entries andor terminate the Challenge and award the prizes in its sole discretion The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited In the event of a dispute as to the identity of an Entrant based on an email address the entry in question may be disqualified subject to Stravarsquos discretion

13 COUNTRY SPECIFIC NOTICES If any provision of these Official Rules is invalid under the law rules or regulations of a particular country the invalidity of such provision shall not affect the validity of the remaining provision In addition to the tax liability disclosures in these Official Rules prize winners are subject to and must abide by the income reporting and if applicable the payment of any taxes due pursuant to the laws rules and regulations of the prize winnersrsquo jurisdiction of residence

131 FOR UK Notwithstanding anything elsewhere in these Official Rules no personrsquos or entityrsquos liability for death or personal injury caused by its negligence shall be limited in any way and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded

132 FOR FRANCE Nothing shall exclude or limit a consumerrsquos right to obtain compensation for the Competition Entities breach of any of their obligations

133 FOR GERMANY (i) Challenge Entities shall be fully liable for intent and gross negligence as well as for damages caused by injury to life body or health (ii) In an event of slight negligence Challenge Entities shall be liable only for breaches of a material contractual obligation (cardinal duty) A ldquocardinal dutyrdquo shall be defined as an obligation whose fulfillment makes the implementation of this contract possible and on the fulfillment of which the contracting parties may therefore generally rely (iii) in the event of slight negligence as outlined in Clause (ii) Challenge Entities shall not be liable for any lack of commercial success lost profits and indirect damages (iv) Liability in accordance with the above Clauses (ii) and (iii) shall be limited to typical foreseeable damages (v) This limitation of liability shall apply mutatis mutandis to the benefit of the employees agents and vicarious agents of Strava (vi) Any potential liability on the part of Strava for any warranties and for claims based on the German Product Liability Act shall not be affected

Where these Official Rules provide for discretion exercisable by a Competition Entity that could otherwise be capable of causing a significant imbalance in the partiesrsquo rights and obligation hereunder to the detriment of a consumer and contrary to the requirement of good faith shall be exercised reasonably and in good faith

STRAVA Strava Inc 500 3rd St San Francisco CA 94107 USA

Page 8: Official Rules Strava Developer Contest 2016 Rules Strava Developer Contest 2016

Where these Official Rules provide for discretion exercisable by a Competition Entity that could otherwise be capable of causing a significant imbalance in the partiesrsquo rights and obligation hereunder to the detriment of a consumer and contrary to the requirement of good faith shall be exercised reasonably and in good faith

STRAVA Strava Inc 500 3rd St San Francisco CA 94107 USA