airberlin Challenge Official Rules – (the “Official Rules”)
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Hackathon Name: airberlin Challenge (the “Hackathon”)
Hackathon Website: http://airberlin.Devpost.com (the “Hackathon Website”)
1. POSTER & ADMINISTRATOR
Poster (the “Poster”): XapiX, LLC, 16192 Coastal Hwy. Lewes, DE 19958, USA.
The Poster is the sponsor and entity responsible for the Hackathon.
Administrator (the “Administrator”): Devpost, Inc. (“Devpost”), 433 W. 14th Street, #3F, New York, NY 10014, USA.
2. DATES AND TIMING
Hackathon Submission Period: August 1, 2016 (10:00am Eastern Time, USA) –October 31, 2016 (5:00pm Eastern Time, USA) (the “Hackathon Submission Period”)
Judging Period: November 1, 2016 (10:00am Eastern Time, USA) – November 20, 2016 (5:00pm Eastern Time, USA) (the “Judging Period”)
Winners Announced: On or around November 25, 2016 (2:00pm Eastern Time, USA)
The Administrator will be the official timekeeper for the Hackathon.
A. The Hackathon IS open to:
- Individuals who are at least the age of majority where they reside as of the time of entry (“Eligible Individuals”)
- Teams of Eligible Individuals (“Teams”)
- Teams of Eligible Individuals entering on behalf of organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that exist and have been organized or incorporated at the time of entry (Organizations”).
(the above are collectively, “Makers”)
An Eligible Individual may join more than one Team or Organization and an Eligible Individual who is part of a Team or Organization may also enter the Hackathon on an individual basis.
If a Team or Organization is entering the Hackathon, they must appoint and authorize one individual (the “Representative”) to represent, act, and enter a Submission, on their behalf. The Representative must meet the eligibility requirements above. By entering a Submission on the Site on behalf of a Team or Organization you represent and warrant that you are the Representative authorized to act on behalf of your Team or Organization.
B. The Hackathon IS NOT open to:
- Individuals who are residents of, or Organizations domiciled in, a country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize in the Hackathon (including, but not limited to, Brazil, Quebec, and Cuba, Sudan, Iran, North Korea, Syria and any other country designated by the United States Treasury's Office of Foreign Assets Control)
- Organizations involved with the design, production, paid promotion, execution, or distribution of the Hackathon, including the Poster and Administrator (“Promotion Entities”)
- Employees, representatives and agents** of such organizations, and all members of their immediate family or household*
- Any other individual involved with the design, production, promotion, execution, or distribution of the Hackathon, and each member of their immediate family or household*
- Any Judge (defined below), or company or individual that employs a Judge
- Any parent company, subsidiary, or other affiliate*** of any organization described above
- Any other individual or organization whose participation in the Hackathon would create, in the sole discretion of the Poster and/or Administrator, a real or apparent conflict of interest
*The members of an individual’s immediate family include the individual’s spouse, children and stepchildren, parents and stepparents, and siblings and stepsiblings. The members of an individual’s household include any other person that shares the same residence as the individual for at least three (3) months out of the year.
**Agents include individuals or organizations that in creating a Submission to the Hackathon, are acting on behalf of, and at the direction of, a Promotion Entity through a contractual or similar relationship.
***An affiliate is: (a) an organization that is under common control, sharing a common majority or controlling owner, or common management; or (b) an organization that has a substantial ownership in, or is substantially owned by the other organization.
4. SUBMISSION REQUIREMENTS
Makers must do the following to participate in the Hackathon:
- Register for the Hackathon on the Hackathon Website by clicking the “Register for this Hackathon” button. To complete registration, sign up to create a Devpost account, or log in with an existing Devpost account. There is no charge for creating a Devpost account. This will enable you receive important updates and access the “Enter a Submission” page.
- Use the Air Berlin XapiX Lab (including Air Berlin API end points) to create a working software application for use by business or leisure travelers in and around the airport. Registered participants can access the airberlin XapiX Lab free of charge at: https://app.xapix.io/airberlin
- Create a video that includes footage that clearly explains your application’s features and functionality through a comprehensive demonstration.
- Complete and enter all of the required fields on the “Enter a Submission” page of the Hackathon Website (each a “Submission”) during the Hackathon Submission Period, and follow the requirements below.
A. Language Requirements
All Submission materials must be in English or, if not in English, the Maker must provide an English translation of the demonstration video, text description, and testing instructions as well as all other materials submitted.
B. Application Requirements
(i) What to Create: Makers must use the airberlin Lab (including Air Berlin API end points) to create a working software application for use by travelers (each an “Application”).
(ii) Categories: Applications must be entered into one of the following categories (the “Categories”). As part of their Submission, Makers must select a primary Category for their Application:
Corporate Customers: With this challenge, we make flying & booking with us much easier for corporates business travelers. What are the challenges they face during their journey: e.g. business travelers often need to change their flights due to longer meetings or unexpected events, but this often requires complex interactions with service agents. Conversely, flights are sometimes delayed which requires reshuffling of meeting plans. Business travelers also currently have limited options to work effectively during their journey.
airberlin is looking for solutions that enhance the travel experience for our business customers and improve capabilities for the specific needs of those customers (e.g. on time, reliability, flexibility, best buy, exclusivity, work space ) across the entire journey (from inspiration, bookings, commuting to the airport, at the airport, flight, at the destination airport, arriving at destination and additional services such as loyalty points and lounges) keeping in mind that solutions will often necessitate involvement of a corporate travel manager.
At the Airport: With this challenge, you are tackling pain points that every traveler is potentially facing at the airport: People are in stress to reach the flight as the true time to gate through security is often not clear. Time at the gate can be long, boring, and unproductive. The amenities and offers around the airport and the upcoming flight are not always clear, shall I get a sandwich now are wait till I get something on the plane? Travelers don't want to walk across the airport but still enjoy services directly delivered to them.
airberlin is looking for solutions that will enrich the airport experience for their guests. Use of time is essential for modern flight guest, waiting however is a nightmare for most travelers. So what is the most efficient and effective way to assess the stress levels experienced by passengers in the airport and how can guests have a positive, engaging experience at the airport? Experiences that are worth spending money at the airport- Not only for upgrades, but also for entertainment & other ways of comfort traveling. The perfect travel experience is smart & seamless & highly relaxing. Cool solutions like gamification and location services will also entertain flight travelers. Combined with a surprise effect, passengers of airberlin will enjoy their time at the airport. There are also lots of partners from, to and at the airport to connect with.
At any time, and at its sole discretion, the Poster will have the ability to re-assign a submitted Submission from one Category to another. Submissions in each Category are eligible for different prizes. See Section 7 for prize details.
(iii) Functionality: The Application must be capable of being successfully installed and running consistently on the platform for which it is intended, and must function as depicted in the video and/or expressed in the text description.
(iv) Platforms: A submitted Application must run on at least one of the following:
- a smartphone or tablet (iOS, Android, Blackberry, Windows Mobile, or Kindle)
- a web browser (mobile or desktop)
- a desktop computer (Windows PC, Mac Desktop)
- other hardware (including, but not limited to, wearable technology, open source hardware, or proprietary hardware)
(v) New & Existing: Applications must be either newly created by the Maker or, if the Application existed prior to the Hackathon Submission Period, must have added new features or functionality using the airberlin lab after the start of the Hackathon Submission Period.
(vi) Testing: The Maker must make the Application available free of charge and without any restriction, for testing, evaluation and use by the Poster, Administrator and judges during the Hackathon and until the Judging Period ends.
If the Application includes software that runs on proprietary or third party hardware that is not widely available to the public, including software running on devices or wearable technology other than smartphones, tablets, or desktop computers, the Sponsor and/or Administrator reserve the right, at their sole discretion, to require the Maker to provide physical access to the Application hardware upon request.
For Applications running on widely available smartphones, tablets, or desktop computers, Makers may make their Application available using one of the following methods:
a. Android Applications:Upload an .apk file on the Enter a Submission form or provide a link for downloading the Application in the “Testing Instructions” field on the Enter a Submission form.
b. iOS Applications:
- If your Application is available on the iTunes App Store provide a link in the “Website URL” field on “Enter a Submission” form. If you charge a fee for downloading your Application, you must provide a promo code.
- If your Application is not yet publicly available on the iTunes App Store, you must send a test build to the Administrator before the end of the Hackathon Submission Period. The Poster will inform Makers of the process for this during the Submission Period.
c. Windows Phone applications:Upload an .xap file in the Enter a Submission form or provide a link for downloading your Application in the “Testing Instructions” field on the Enter a Submission form.
d. Windows PC:Upload the appropriate installation files (.exe) on the Enter a Submission form or provide a link for downloading your .exe file in the “Testing Instructions” field on the Enter a Submission form.
e. BlackBerry:Upload the appropriate installation files on the Enter a Submission form or provide a link for downloading your installation file in the “Testing Instructions” field on the Enter a Submission form.
f. Mac OS:Upload the appropriate installation files on the Enter a Submission form or provide a link for downloading your installation file in the “Testing Instructions” field on the Enter a Submission form.
g. Web/Mobile Web:Provide a link for accessing your Application on the “Testing Instructions” field on the Enter a Submission form.
h. Kindle: Upload the appropriate installation files on the Enter a Submission form or provide a link for downloading your installation file in the “Testing Instructions” field on the Enter a Submission form.
(vii) Public Distribution: The Maker may make the Application available to the public via a website or online store, but is not required to do so.
(viii) Multiple Submissions: A Maker may submit more than one Submission, however, each Submission must be unique and substantially different from each of the Maker’s other Submissions, as determined by the Poster and/or the Administrator.
(ix) SDKs, APIs, & Data: Applications may integrate SDKs, APIs and data, provided the Maker is authorized to use them.
(x) Intellectual Property: Your Submission must: (a) be your (or your Team or Organization’s) original work product; (b) be solely owned by you, your Team, or your with no other person or entity having any right or interest in it; and (c) not violate the intellectual property rights or other rights including but not limited to copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity. A Maker may contract with a third party for technical assistance to create the Submission provided the Submission components are solely the Maker’s work product and the result of the Maker’s ideas and creativity, and the Maker owns all rights to them. A Maker may submit a Submission that includes the use of open source software or hardware, provided the Maker complies with applicable open source licenses and, as part of the Submission, creates software that enhances and builds upon the features and functionality included in the underlying open source product. By entering the Hackathon you represent, warrant, and agree that your Submission meets these requirements.
(xi) Financial or Preferential Support: An Application must not have been developed, or derived from an Application developed, with financial or preferential support from the Poster or Administrator. Such Applications include, but are not limited to, those that received funding or investment for their development, were developed under contract, or received a commercial license, from the Poster or Administrator any time prior to the end of Hackathon Submission Period. The Poster, at their sole discretion, may disqualify an Application, if awarding a prize to the Application would create a real or apparent conflict of interest.
C. Text Description, Image, and Video Requirements
(i) Text Description: The text description should explain the features and functionality of your Application.
(ii) Images: The image(s) should be photographs or screenshots of your working Application.
(iii) Video: The video portion of the Submission:
a. should be less than five (5) minutes;
b. must include footage that clearly explains the Application’s features and functionality through a comprehensive demonstration;
c. must be uploaded to YouTube, Vimeo, or Youku, and a link to the video must be provided on the submission form on the Hackathon Website; and
d. must not include third party trademarks, or copyrighted music or other material unless the Maker has permission to use such material.
5. SUBMISSION RIGHTS
A. Maker Rights: Subject to the licenses described below, any applicable intellectual property rights to a Submission will remain with the Maker.
B. airberlin Right of First Refusal: By accepting a prize in the Hackathon, a Maker will grant airberlin a “Right of First Refusal” for the acquisition or any exclusive license of the Maker’s Application, for a period of 6 months following the date the Hackathon winners are announced. During this period, the Maker may not sell, transfer, or license exclusively their Intellectual Property Rights in the Application to a third party, without first offering airberlin the opportunity to acquire or license the Application on the same terms and conditions offered by the third party.
If the Maker receives an offer to acquire or license exclusively the Application from a third party, the Maker will offer the Application to airberlin on the same terms and conditions offered by the third party, and airberlin will have 30 days during which to accept the Maker’s offer. If airberlin does not accept the Maker’s offer within 30 days, the Maker will have the right to accept the third party’s offer. If the Maker does not enter into an agreement and close a transaction with the third party within an additional 60 days, on the terms offered to the Poster or terms more favorable to the Maker, the Maker’s right to transfer or license exclusively their Application to the third party will expire and the Maker will have to repeat the procedure described in this paragraph.
You do not convey a Right of First Refusal to airberlin just by entering the Hackathon. Such right is only conveyed if a Maker is awarded and accepts a prize in the Hackathon. A Maker identified as a potential winner of the Hackathon will have the opportunity to decline a prize, if the Maker is not willing to give airberlin the Right of First Refusal described in this section.
C. Additional Poster & Administrator Rights: By entering the Hackathon, you grant to the Poster, Administrator, and any other third parties acting on the Poster’s behalf, a royalty-free, non-exclusive, worldwide perpetual license to display publicly and use for promotional purposes the Submission, in perpetuity. This license includes, but is not limited to, posting or linking to the Submission on Poster’s, Administrator’s, and partners’ websites and applications, including the Hackathon Website, and display and promotion of the Submission in any other media, worldwide.
D. Submission Display:The following Submission components may be displayed to the public: name, description, images, video URL, website, URL, team members, the Submission category and platform, and submitter type. Other Submission materials may be viewed by the Poster, Administrator, and Judges for screening and evaluation.
Makers represent and warrant that the Poster, Administrator, and Hackathon partners are free to use Makers’ Submission in the manner described above, as provided or as modified by the Administrator, without obtaining permission or license from any third party and without any compensation to Makers.
A. Judges: Eligible Submissions will be evaluated by a panel of judges selected by the Poster (the “Judges”). Judges may be employees of the Poster or external, may or may not be listed individually on the Hackathon Website, and may change before or during the Judging Period. Judging may take place in one or more rounds with one or more panels of Judges, at the discretion of the Poster.
B. Criteria: The Judges will score eligible Submissions using the following equally weighted criteria (the “Judging Criteria”):
(i) Implementation & Innovation – Includes the creativity, innovation, and originality of the idea, as well as the extent to which relevant data/services have been integrated with the Application.
(ii) Prototype Functionality – Each submission is evaluated for the level of functionality and optimization that has been achieved over the development timeframe. Does a working prototype exist? Is there a working backend? How mature is the solution?
(iii) Potential Impact – How well was the challenge addressed? Does the idea solve a real problem? How well does if differentiate airberlin’s offering? What is the potential impact on airberlin's business?
(iv) Practically of Concept – How feasible is development with airberlin from a business perspective? How feasible is development with airberlin from the technical perspective?
The Judging Criteria above may not apply to every Prize. See Section 7 below for the Judging Criteria that apply for each Prize. The Maker(s) that are eligible for a Prize, and whose Submissions earn the highest overall scores based on the applicable Judging Criteria, will become potential winners of that Prize.
C. Submission Review: JUDGES are not required to test the Application and may choose to judge based solely on the text description, IMAGES and video provided in the Submission.
D. Tie Breaker: For each Prize listed in Section 7 below, if two or more Submissions are tied, the tied Submission with the highest score in the first applicable criterion listed above will be considered the higher scoring Submission. In the event any ties remain, this process will be repeated, as needed, by comparing the tied Submissions’ scores on the next applicable criterion. If two or more Submissions are tied on all applicable criteria, the panel of Judges will vote on the tied Submissions.
Applicable Judging Criteria
Best In-Airport Experience – Cash & Flights
Two (2) international standby business class tickets in the airberlin network* (see below for terms and conditions)
All Makers submitting an eligible Application to the At the Airport Category
i, ii, iii, iv, v
Best Business Traveler Experience - Cash & Flights
Two (2) international standby business class tickets in the airberlin network* (see below for terms and conditions)
All Makers submitting an eligible Application to the Business Traveler Category
i, ii, iii, iv, v
First Runner Ups
Two (2) international economy class tickets in the airberlin network for each team of runner-ups* (see below for terms and conditions)
All Makers submitting an eligible Application to either category.
i, ii, iii, iv, v
Second Runner Ups
Two (2) economy class tickets in Europe in the airberlin network for each team of runner-ups* (see below for terms and conditions)
All Makers submitting an eligible Application to either category.
i, ii, iii, iv, v
*Terms and conditions for booking award tickets in the airberlin network: The Poster will provide winners of airberlin tickets with a promotional code for use in booking. The following terms and conditions apply. Promotional code may be used once only and cannot be used in conjunction with other promotional codes or discounts. It loses its validity once a booking has been completed. A promotional code cannot be used in payment of a flight which has already been booked. It cannot be exchanged for cash. The sale, auction, duplication or modification of the promotional code is prohibited. The promotional code may be limited to a specific time, destination or other criteria and is always subject to availability. Accompanying passengers must travel with the promotional code holder. Splitting is not permitted. Any such restrictions are indicated on the promotion voucher in question or in the terms and conditions which apply to the promotion campaign. Promotional codes cannot be redeemed for codeshare flights or flights operated by partner airlines. If a departure/arrival airport is no longer served by airberlin, the customer has no entitlement to transportation to/from this airport. airberlin reserves the right to offer a similar destination. Travel expenses will not be reimbursed. It is possible to rebook or cancel a flight or change the name of the passenger upon payment of a separate rebooking fee, as per airberlin's applicable General Terms and Conditions of Carriage as well as optional fees table applicable at the time of rebooking, which can be viewed at airberlin.com/abb or airberlin.com/fees. Presentation of the paper copy of the promotion voucher does not constitute the right to redeem it against a flight. Except in the case of invalidity of the promotional code for which airberlin is responsible, airberlin accepts no liability for the loss or theft of the promotional code. A replacement promotional code will only be issued if airberlin is responsible for the loss of the original promotional code.
8. VERFICATION OF POTENTIAL WINNERS
A. Verification Requirement: THE AWARD OF A PRIZE TO A POTENTIAL WINNER IS SUBJECT TO VERIFICATION OF THE IDENTITY, QUALIFICATIONS AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE SUBMISSION. The final decision to designate a winner shall be made by the Poster and/or Administrator.
B. Required Forms: Potential winners will be notified using the email address associated with the Devpost account used to enter the Submission (the submitter is the “Representative” in the case of a Team or Organization). In order to receive a Prize, the potential winner (including all participating team members in the case of a Team or Organization) will be required to sign and return to the Poster or Administrator, affidavit(s) of eligibility (or a similar verification document) and liability/publicity release(s), and any applicable tax forms (“Required Forms”).
Deadline for Returning Required Forms: ten (10) business days after the Required Forms are sent.
C. Disqualification: The Poster and/or Administrator may deem a potential winner (or participating team members) ineligible to win if:
(i) the potential winner’s Representative or any participating member does not respond to multiple emails or fails to sign and return the Required Forms by the deadline listed above, or responds and rejects the Prize;
(ii) the Prize or Prize notification is returned as undeliverable; or
(iii) the Submission or the potential winner, or any member of a potential winner’s Team or Organization, is disqualified for any other reason.
In the event of a disqualification, the Poster and/or Administrator may award the applicable Prize to an alternate potential winner.
9. PRIZE DISTRIBUTION
A. Substitutions & Changes: The Poster has the right to make a Prize substitution of equivalent or greater value. The Poster will not award a Prize if there are no eligible Submissions entered in the Hackathon, or if there are no eligible Makers or Submissions for a specific Prize.
B. Prize Delivery: Prizes will be payable to the Maker, if an individual, to the Maker’s Representative, if a Team, or to the Organization, if the Maker is an Organization. It will be the responsibility of the winning Maker’s Representative to allocate the Prize among their Team or Organization’s participating members, as the Representative deems appropriate. A monetary Prize will be mailed to the winning Maker’s address (if an individual) or the Representative’s address (if a Team or Organization), or wired to the Maker, Maker Representative, or Organization’s bank account, only after receipt of the Required Forms.
Failure to provide correct information on the Required Forms, or other correct information required for the delivery of a Prize, may result in delayed Prize delivery, disqualification or the Maker, or forfeiture of a Prize.
C. Prize Delivery Timeframe: Within 45 days of the Poster or Administrator’s receipt of the Required Forms
D. Fees & Taxes: Winners (and in the case of Team or Organization, all participating members) are responsible for any fees associated with receiving or using a prize, including but not limited to, wiring fees. Winners (and in the case of Team or Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9 and residents of other countries are required to provide a completed W-8BEN form. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant government departments/agencies, if necessary. The Poster, Administrator, and/or Prize provider reserve the right to withhold a portion of the prize amount to comply with the tax laws of the United States or other Poster jurisdiction, or those of a winner’s jurisdiction.
10. ENTRY CONDITIONS AND RELEASE
A. By entering the Hackathon, you (and, if you are entering on behalf of a Team or Organization each participating members) agree(s) to the following:
(i) The relationship between you, the Maker, and the Poster and Administrator, is not a confidential, fiduciary, or other special relationship.
(ii) You will be bound by and comply with these Official Rules and the decisions of the Poster, Administrator, and/or the Hackathon Judges which are binding and final in all matters relating to the Hackathon.
(iii) You release, indemnify, defend and hold harmless the Poster, Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Hackathon, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Maker’s entry, creation of Submission or entry of a Submission, participation in the Hackathon, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules.
B. Without limiting the foregoing, the Released Parties shall have no liability in connection with:
(i) any incorrect or inaccurate information, whether caused by the Poster or Administrator’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Hackathon;
(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Hackathon Website;
(iii) unauthorized human intervention in any part of the entry process or the Hackathon;
(iv) technical or human error which may occur in the administration of the Hackathon or the processing of Submissions; or
(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Maker’s participation in the Hackathon or receipt or use or misuse of any Prize.
The Released Parties are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Makers. Proof of sending or submitting will not be deemed to be proof of receipt by the Poster or Administrator.
If for any reason any Maker’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Maker’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Maker knows or should have known there was a problem, and will be determined at the sole discretion of the Poster.
By participating in the Hackathon you consent to the use of personal information about you, if you are a winner, by the Poster, Administrator, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes.
The duration of your consent is for a period of three years following the conclusion of the Hackathon. This consent applies, as applicable, to all members a Maker’s Team or Organization that participated in the winning Submission.
12. GENERAL CONDITIONS
A. Poster and Administrator reserve the right, in their sole discretion, to cancel, suspend and/or modify the Hackathon, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.
B. Poster and Administrator reserve the right in their sole discretion to disqualify any individual or Maker it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Hackathon or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Hackathon, or a violation of any applicable law or regulation.
C. Any attempt by any person to undermine the proper conduct of the Hackathon may be a violation of criminal and civil law. Should Poster or Administrator suspect that such an attempt has been made or is threatened, they reserve the right to take appropriate action including but not limited to requiring a Maker to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
D. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Hackathon materials, including but not limited to the Hackathon Submission form, Hackathon Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.
E. The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the Maker, the Poster and the Administrator. The Poster and Administrator will post the terms and conditions of the amended Official Rules on the Hackathon Website. To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.
F. If at any time prior to the deadline, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.
G. The Poster or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Maker, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Poster’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
H. Excluding Submissions, all intellectual property related to this Hackathon, including but not limited to copyrighted material, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Poster and/or Administrator. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. Any use in a Submission of Poster or Administrator intellectual property shall be solely to the extent provided for in these Official Rules.
13. LIMITATIONS OF LIABILITY
By entering, all Makers (including, in the case of a Team or Organization, all participating members) agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes or Maker’s participation in the Hackathon. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal.
A. Except where prohibited by law, as a condition of participating in this Hackathon, Maker agrees that:
(i) any and all disputes and causes of action arising out of or connected with this Hackathon, or any Prizes awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant;
(ii) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and
(iii) judgment upon such arbitration award may be entered in any court having jurisdiction.
B. Under no circumstances will Maker be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (i.e., costs associated with entering this Hackathon), and Maker further waives all rights to have damages multiplied or increased.
C. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Maker and Poster in connection with this Hackathon, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA without regard to New York choice of law rules.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
15. ADDITIONAL TERMS THAT ARE PART OF THE OFFICIAL RULES
Please review the Devpost Terms of Service at http://devpost.com/terms for additional rules that apply to your participation in the Hackathon and more generally your use of the Hackathon Website. Such Terms of Service are incorporated by reference into these Official Rules. If there is a conflict between the Terms of Service and these Official Rules, the latter terms shall control with respect to this Hackathon only.
Participation in the Hackathon constitutes Maker’s full and unconditional agreement to these Official Rules. By entering, a Maker agrees that all decisions related to the Hackathon that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of the Poster and/or Administrator.
If you have any questions or comment, or wish to send us any notice regarding this Hackathon, please email us at Support@Devpost.com.