Official Rules for TokBox On-Campus Program

As a condition of participating in the TokBox: On-Campus Evangelist Program (the “Program”), You (“You” or “Applicant”) agree to be fully and unconditionally bound by these Official Rules and the decisions of TokBox Inc (“TokBox”), whose decisions shall be final and binding in all respects, and waive any right to claim ambiguity in the these Official Rules.

Eligibility Requirements

1. You must be 18 years of age or over as at 1st January 2011

2. You must be a student in good standing enrolled in a 4-year college or university program, currently in your first, second or third year of study

3. Only legal residents of the fifty (50) United States, the District of Columbia eligible to enter the Program

4. Directors, officers, employees, contractors, agents or representatives of TokBox, and/or its affiliate companies, and their suppliers, as well as the immediate family of the employees (including spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households as the employees, whether related or not, are ineligible to participate in the program

5. The Program is subject to all applicable federal, state, provincial, and local laws and regulations and is void where prohibited or restricted by law.

Description of the Program

The Program is a free Program in which ten (10) Applicant’s will be chosen as On-campus Developer Evangelists for TokBox (“On-campus Developer Evangelists”) and will serve as On-campus Developer Evangelists for a period of one (1) semester, as explained below:

Selection of On-campus Developer Evangelists:

Between February 25, 2011 and February 28, 2011, TokBox will select twenty (20) On-campus Developer Evangelist candidates (the “Candidates”) from all of the entries submitted during the Application Period. Candidates will be selected at TokBox’s sole and absolute discretion based upon the quality and content of the Applicant’s Video Submission, the Sample Application Submission the Applicant develops and their resume. Candidate selection will be made by TokBox’s Vice President Marketing & Developer Relations.

Between February 28, 2011 and March 1, 2011, TokBox’s designated representative will interview each Candidate, and from the pool of Candidates select ten (10) finalists to be On-campus Developer Evangelists.  Interviews will take place via phone using the contact information provided on Applicant’s resume. One member of TokBox’s management team will chose and determine the ten (10) On-campus Developer Evangelist finalists, which shall be at TokBox’s sole and absolute discretion. TokBox will consider, among other things, the quality of the Applicant’s interview and the compatibility of Applicant’s personality with TokBox.

TokBox will announce the ten (10) On-campus Developer Evangelists on March 2, 2011. TokBox will notify each On-campus Developer Evangelists via email and will also list the same on its Website. The ten (10) Candidates who are not chosen to be On-campus Developer Evangelists will be notified on or around March 4, 2011 via email.

On-campus Developer Evangelist Responsibilities:

Each On-campus Developer Evangelist will be appointed by the TokBox to promote the OpenTok API between March 18, 2011 and May 30, 2011 (the “On-campus Developer Evangelist Period”). During the On-campus Developer Evangelist Period, each On-campus Developer Evangelist must attend or host a minimum of 10 developer-focussed events either on-campus or in the metropolitan area in which their campus is located and send details of any leads; contribute a minimum of 10 blog entries for the TokBox corporate or developer blog and deliver a minimum number of 3 sample applications to TokBox (brief for sample applications to be provided by TokBox at commencement of program).

All On-campus Developer Evangelists must attend an introductory session at the TokBox office in San Francisco, California at a date to be determined (all reasonable travel expenses to be covered by TokBox) at which they will receive a full briefing on TokBox, the OpenTok API as well as a welcome box of marketing materials for them to use throughout the duration of the program. The welcome box also will contain a set of rules and requirements You must abide by when acting as a On-campus Developer Evangelist. By agreeing to these Official Rules You also agree to comply with the rules and regulations that accompany the welcome box.

In return for completing these responsibilities in line with these Official Rules, TokBox will pay each On-campus Developer Evangelist $3,000 plus reasonable, approved expenses to attend events, for the duration of the program.

Interaction with TokBox:

At the end of each week during the On-campus Developer Evangelist Period, each On-campus Developer Evangelist must provide TokBox, by email, a report of the events they attended as well as providing any due blogs or sample applications.

Every 2 weeks, all On-campus Developer Evangelists will have the option to participate in a conference call with TokBox’s VP Marketing & Developer Relations to stay up-to-date on any developments.

How to Apply

Applications for the Program will begin at 12:01 a.m. Pacific Time on February 8, 2011, and end at 11:59 p.m. Pacific Time on February 25, 2011 (“Promotional Period”).

In order to apply for the Program, You must :

1. Submit a 1-3 minute video of you presenting a project or topic that you are passionate about (the “Video Submission”)

2. Submit an application you have built using, not limited to the OpenTok API (the “Sample Application Submission”)

3. Submit a current resume

All applications should be submitted to oncampus@tokbox.com

Only one Application per person. Entries that are lost, late, illegible or incomplete for any reason will not be eligible. Any form of application other than those described herein is void. All entries become the property of the TokBox and will not be returned.

TokBox shall have no liability for any successful application notification that is lost, intercepted or not received by the potential Successful Applicants for any reason. Time is of the essence when appointing the On-Campus Developer Evangelists. Accordingly, if, despite reasonable efforts, a potential successful applicant does not respond within three (3) business days of the first notification attempt (or a shorter time if required by exigencies), or if the notification is returned as unclaimed or undeliverable to such potential successful applicant, such potential successful applicant will forfeit his or her application. Similarly, if any potential successful applicant is found to be ineligible, or if he/she has not complied with these Official Rules he/she will forfeit the payment by TokBox to the On-Campus Developer Evangelist at the end of the Program.

Video Submissions

All content of the Video Submission must be completely original to You and must not have been taken or composed in, whole or in part, from any other source, and must not have been released commercially in order to be eligible for Application into the Program. Video Submissions must not be defamatory, trade libelous, pornographic or obscene and such use authorized herein must not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever. Video Submissions that contain material that is not original to Your own ideas and thoughts, or which are inoperable or incomplete, will not be accepted and Your Application into the Program will be void.

You also agree to grant TokBox the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform and create works of the materials contained in Your Video Submission and/or any portion or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to you.  TokBox is under no obligation to use the Video Submission for any purpose.

Video Submissions shall not contain, include or involve any of the following: obscenity; crude, vulgar or offensive pictures, depictions, images, language and/or symbols; gang signs or symbols; nudity; commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements other than TokBox’s products; license plates, phone numbers, personal addresses – physical or email or otherwise; website or web page links; derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others; trespass or the violation of other people’s rights or property; illegal (e.g., discriminatory, harassing, illegal drug abuse) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress); conduct or activities in violation of these Official Rules; any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by TokBox, in its sole discretion.

Sample Application Submissions

With the exception of the OpenTok API code, or other publicly available sample code, all content of the Sample Application Submission must be completely original to You and must not have been taken or composed in, whole or in part, from any other source, and must not have been released commercially in order to be eligible for Application into the Program. Sample Application Submissions must not be defamatory, trade libelous, pornographic or obscene and such use authorized herein must not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever. Sample Application Submissions that contain material that is not original to Your own ideas and thoughts, or which are inoperable or incomplete, will not be accepted and Your application for the Program will be void.

You also agree to grant TokBox the non-exclusive, irrevocable right and license to exhibit, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, and create further applications based on the code contained in Your the Sample Application Submission and/or any portion or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to you.  TokBox is under no obligation to use the Sample Application Submission for any purpose.

Publicity

Except where prohibited by law, by entering the Program, as a condition of participating in this Program, Applicant agrees to allow TokBox and its designees to use Applicant’s name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.

APPLICANT FURTHER ACKNOWLEDGES THAT IF APPLICANT IS CHOSEN AS A CANDIDATE AND/OR ON-CAMPUS DEVELOPER EVANGELIST, APPLICANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING APPLICANT’S NAME ON A SUCCESSFUL APPLICANTS’ LIST.

BY ENTERING THIS PROGRAM, APPLICANT ACKNOWLEDGES AND AGREES THAT APPLICANT HAS READ AND CONSENTS TO TOKBOX’S PRIVACY POLICY AND TERMS OF USE.

Limitation of Liability

TokBox is not responsible for: (1) stolen, lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible entries due to technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Program, including, without limitation, errors which may occur in connection with the administration of the Program, the mailing or transmission of entries, notification or correspondence, the processing of entries, the announcement of the prizes or in any Program related materials; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Program; (4) unauthorized human and/or mechanical intervention in any part of the Application process or the Program; (5) technical or human error that may occur in the administration of the Program, the sending of entries or the processing of entries; or (6) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Applicant’s participation in the Program or receipt or use of any prize. If for any reason an Applicant’s Video is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Application into the Program, Applicant’s sole remedy is to submit another Video in the Program. TokBox may rescind any Program Application found to contain such errors or failures without liability at its sole discretion.

As a condition of participating in this Program, Applicant agrees to release, indemnify and hold harmless the TokBox and its affiliate companies, and their respective parent companies, subsidiaries, affiliates, prize suppliers, and TokBox’s advertising and promotion agencies and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Program, including acceptance, possession, use, misuse or nonuse of the prize that may be awarded, or any injury or for damage to Applicant’s or any other person’s computer or wireless device relating to or resulting from participation in this Program or downloading any materials in this Program, or inability to access any web site or wireless service associated with this Program, or any combination thereof.  Applicant agrees that the laws of the State of California will govern any and all disputes.

As a condition of participating in this Program, Applicant agrees that (1) under no circumstances will Applicant be permitted to obtain awards for, and Applicant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Program, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but shall in no event include attorneys’ fees.  TokBox reserves the right to modify prize award procedures.

If in the TokBox’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Program, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Program, the TokBox reserves the right at its sole discretion to disqualify any individual who tampers with the Application process and or void any entries submitted fraudulently, to modify or suspend the Program, or to terminate the Program and conduct a random drawing to award the prizes using all eligible, non-suspect entries received for the applicable drawing as of the termination date.  Any attempts by an individual to access any web site associated with this Program via robotic, automatic Application devices, programs such as, but not limited to, by script, macro or any other automated means, or other unauthorized Application will void all such entries by such methods.

ANY ATTEMPT BY AN APPLICANT TO DELIBERATELY DAMAGE TOKBOX’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TOKBOX RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH APPLICANT TO THE FULLEST EXTENT OF THE LAW.

Arbitration and disputes

As a condition of participating in this Program, You agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Program, or any prizes awarded, or the determination of a Candidate or On-campus Developer Evangelist shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, then effective and in accordance with its expedited hearing procedures. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between You and TokBox. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction.  Further, in any such dispute, under no circumstances will You be permitted to obtain awards for, and You hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than actual out-of-pocket expenses (i.e., costs associated with entering this Program), and You further waive all rights to have damages multiplied or increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations or TokBox’s rights and obligations in connection with this Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in the State of California in the City of San Francisco.

Successful Applicants/Official Rules

To obtain a copy of the Successful Applicants list, send a self-addressed stamped envelope to “TokBox: On-campus Developer Evangelist Program” Successful Applicants List, 115 Stillman Street, San Francisco, California  94107. All such requests must be received no later than two (2) weeks after the announcement of the Candidates and On-campus Developer Evangelists.  These Official Rules will be posted on the Website throughout the Promotional Period, as well as for 2 weeks after the announcement of the Successful Applicants.

Opt-out

If You do not wish to receive any further notices from TokBox, regarding Program offerings, send Your name and address to: TokBox, 115 Stillman Street, San Francisco, California  94107  Attn: On-campus Developer Evangelist