Snapdragon Spaces Developer Kit

The Snapdragon Spaces Developer Platform Thank You Kit Offer (the “Offer”) commences at 6:00:00 AM Pacific Daylight Savings Time (“PDT”) on the 1st of June 2022 and ends at 5:00:00 PM PDT on the 30th of September 2022 (“Promotion Period”) or whenever the final kit is claimed, whichever is sooner.

PROMOTER: Qualcomm Technologies, Inc., 5775 Morehouse Drive, San Diego, California 92121, USA.

ELIGIBILITY / HOW TO CLAIM A KIT: Offer is open to developers who are interested in the Snapdragon Spaces Developer Platform (collectively, the “Participant”) age 18 or older and who are legal residents of Canada (excluding the province of Quebec), Europe (excluding Belarus, Russia and Ukraine) and the 50 United States (including the District of Columbia). For the purposes of these terms and conditions, a developer is an individual that builds and creates software and applications, including having the ability to write, debug and execute the source code of a software application.

To claim a Snapdragon Spaces Developer Platform Thank You Kit (“Kit”) with a value of $50.00 USD, a Participant must visit spaces.qualcomm.com and follow all onscreen instructions to download the free Snapdragon Spaces Developer Platform (“Download”). If the Participant’s Download is one of the first five hundred (500) Downloads received during the Promotion Period, he or she will receive an email from the Promoter with instruction on how to claim a Kit (while supplies last). Limit one (1) Kit per Participant. Allow up to four (4) to eight (8) weeks for receipt of Kit, depending on Participant’s ship-to location. Kit will be shipped to the business (or home) address provided at time of claiming a Kit. Kit is not redeemable for cash and is non-transferrable. However, the Promoter reserves the right to substitute Kit with another at its sole discretion. Offer is subject to all federal, territorial, provincial, state and local laws and regulations. Any sales taxes or expenses above the value of the Kit are the sole responsibility of each Participant. All correspondence received for and from this Offer becomes the property of Promoter.

Offer is void outside Canada, Europe and the 50 United States and where prohibited by law.

GENERAL: By participating in the Offer, Participants (i) agree to be bound by terms and conditions, including all eligibility requirements, and (ii) agree to be bound by the decisions of the Promoter, which are final and binding in all matters relating to the Offer.

Promoter is not responsible for any lost, misdirected, incomplete, or illegible Download/email and/or for any undeliverable, stolen, misdirected Downloads and/or Kits or any other error whether human, mechanical or electronic; or unauthorized access to; or any injury or damage to Participant’s or any other person’s computer related to or resulting from downloading/registering/participating in the Offer and will have no further obligations to any Participant.

RELEASES: Employees of the Promoter, and their respective parent company, subsidiaries, affiliates, advertising and/or promotion agencies, distributors (collectively, the “Released Parties”), and their immediate family members and/or those living in the same household of each are not eligible to participate. By participating in the Offer, each Participant agrees to release and hold harmless the Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in the Offer, and/or acceptance and use of the Kit and the administration of the Offer..

Participants agree to these terms and conditions and the decisions of the Promoter and release, defend, indemnify and hold harmless Released Parties, as well as the employees, officers, directors and agents of each, from all claims, actions and all liability of any kind whatsoever for injuries, damages or losses of any kind, which may be sustained in connection with, either directly or indirectly, (1) the receipt, ownership, use or misuse of Kit; or (2) participation in the Offer. The Released Parties are not responsible for any typographical or other error in the advertising and/or the administration of the Offer.

In the U.K., Promoter will not in any circumstances be liable to compensate any Participant or accept any liability for any loss, damage, disappointment or injury occurring because of participating in the Offer. Nothing in these T&Cs shall limit in any way any party’s liability under U.K. law for death, personal injury, loss or damage caused by its negligence, willful misconduct or fraudulent misrepresentation. Nothing in these T&Cs shall affect your statutory rights.

In all other countries and territories, Promoter is not responsible for any suspension of the Offer or inability to implement the Offer or award any Kit as contemplated herein due to any event beyond its control, including delays or interruptions caused by acts of God, acts of war, natural disasters, pandemic, weather, utility outages, acts of terrorism or any federal, state, or local government law, order, or regulation, order of any court or regulator. All rights under Section 1542 of the Civil Code of California & any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly & forever waived. Release herein is intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of such laws to preserve future unknown claims.

PERSONAL INFORMATION / PRIVACY: Promoter will collect, process and use the personal data of the Participant (e.g., name, delivery address and contact information) through Promoter’s agent for purposes of management of the Offer. Participants’ personal data may be transferred and processed outside the Participant’s country for such purposes.

The personal data will be processed according to Promoter’s Privacy Policy at www.qualcomm.com/site/privacy, including how the data subject rights can be exercised. Any requested opt-in consent is completely voluntary and will not increase your chances of claiming a Kit. Promoter does not sell the personal information of the Participant.

SUSPENSION / MODIFICATION / TERMINATION: In the event the Promoter is prevented from continuing with the Offer by any event beyond their control, the Promoter shall have the right to modify, suspend or terminate the Offer. The Promoter reserves the right to modify, suspend or terminate the Offer without notice, if in its sole and absolute discretion, it is determined that the Offer is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or any Force Majeure event(s) has destroyed or severely undermined or impaired the integrity and/or feasibility of the Offer. Special Caution: Covid-19: In response to economic and/or social conditions caused by COVID-19/Coronavirus, Promoter may be compelled to cancel the Offer with little (if any) advanced notice.

LIMITATION OF LIABILITY: In all applicable countries and territories except the U.K., the Released Parties will not be liable to any Participant for any indirect, incidental, consequential, punitive, or special damages whatsoever arising out of, or in any way related to this Offer or these terms and conditions, or the breach thereof, regardless of the legal theory upon which any claim for damages is based, whether based on tort (including negligence), breach of contract or breach of warranty by any party. The foregoing exclusion will apply even if a party has been advised of the possibility of the damages in advance and even if any available remedy fails of its essential purpose. In addition, any and all disputes, claims and causes of action arising out of or connected with this Offer shall be resolved individually, without resort to any form of class action, the entire liability of Released Parties, their affiliates, and agents (and the sole and exclusive remedy of Participant and any of its affiliates and agents), for any claim or cause of action arising hereunder whether in contract, tort, or otherwise) shall not exceed fifty United States dollars (US$50.00).

CHOICE OF LAW: Except were prohibited by law, all matters arising in connection with or relating to this Offer or the enforcement or construction of these terms and conditions shall be governed by and resolved in accordance with the laws of the State of California, U.S.A., without regard to any conflict of law principles that would result in the application of the laws of a different jurisdiction. Promoter and Participants each hereby: (i) agree that any suit, action or other legal proceeding arising out of or relating to this Offer shall be brought and adjudicated only in a court of competent jurisdiction located in San Diego, California; (ii) consent to and waive any objection to the personal jurisdiction and venue of such court in any such suit, action or other legal proceeding; and (iii) waive any purported right or claim to bring a motion to transfer such suit, action or other legal proceeding pursuant to 28 U.S.C. §§1404 or 1406, or comparable provision of other law, including based upon the doctrine of forum non conveniens.

SEVERABILITY: If any provision or part-provision of these terms and conditions is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms and conditions..

FAIR PROCESSING NOTICE FOR PARTICIPANTS LOCATED IN THE UK AND THE EUROPEAN ECONOMIC AREA:

1. For the purposes of applicable data protection laws, Promoter’s the data controller in respect of any personal information processed in connection with the Offer, terms & conditions of which are available at: www.spaces.qualcomm.com. Promoter’s agent for the Offer are data processors in respect of that personal information.
2. Information collected from Participants is subject to Promoter’s Privacy Policy at: https://www.qualcomm.com/site/privacy and applicable data protection laws.
3. Promoter will process any personal information collected in connection with the Offer for the purposes of managing and administering the Offer in accordance with the terms and conditions. Promoter will only undertake further processing where Promoter has obtained the relevant Participant’s consent or has another lawful basis to undertake such further processing.
4. It is necessary for Promoter to use each Participant’s personal information for the above purposes in order to perform its obligations to each Participant in relation to the administration of the Offer or it is in Promoter’s legitimate interest to use each Participant’s personal information in the ways described above in order to ensure the proper administration of the Offer.
5. Promoter’s agent will share Participants’ personal information with Promoter. Promoter will otherwise only share Participants’ personal information with Promoter’s group companies, affiliates and suppliers who are assisting Promoter in relation to the above purposes, with any third parties, if applicable, specified in Promoter’s Privacy Policy and as otherwise required by applicable law.
6. Promoter (and its group companies, affiliates and suppliers) are located in the United States of America and therefore Participants’ personal information will be transferred and processed by Promoter and Promoter’s group companies, affiliates and suppliers outside the UK and outside the European Economic Area. Promoter will ensure each Participant’s personal information is afforded a similar level of protection by ensuring that one of the specific safeguards approved by the European Commission is in place in accordance with applicable data protection laws. Further information about these safeguards is available at: https://ec.europa.eu/info/law/law-topic/data-protection_en.
7. Participants in the UK and the European Economic Area have certain rights in relation to Promoter’s processing of their personal information including rights of access, rectification and erasure, a right to restrict processing, a right to data portability and the right to object to certain types of processing (including in relation to direct marketing). If any Participant has a concern about any aspect of Promoter’s privacy practices, including the way Promoter has handled the Participant’s personal information, the Participant should contact Promoter at privacy@qualcomm.com. Participants can also report any issues or concerns to their local supervisory authority. A list of contact details for all EU supervisory authorities can be found at: http://ec.europa.eu/justice/dataprotection/bodies/authorities/index_en.htm.
8. For more information about Promoter’s processing activities and how to exercise data subject rights, including to opt out of the Offer and any electronic marketing, please see Promoter’s Privacy Policy at: https://www.qualcomm.com/site/privacy.