Terms and Conditions for Participating in a Hackathon
Participation in a Hackathon on our Site (“https://doselect.com”), including entering Submissions, is governed by this Agreement and the Official Rules posted on the Hackathon Website. Official Rules are the responsibility of the Host Company. If there is any inconsistency between the terms of this Agreement and the Official Rules of a Hackathon, the Official Rules will prevail, but for that Hackathon only.
- Hackathon Registration & Submission
You must first create a DoSelect account and register on the Hackathon Website to be able to enter a Hackathon. You need to follow all instructions stated on the Site in order to register.
(i) Hackathon Submission Drafts & Modifications
Prior to the end of a Submission Period, you may save draft versions of your Submission on the Site before submitting the code to the Hackathon for evaluation. Once the Submission Period has ended, you may not make any changes or alterations to your Submission.
A Host Company may permit you to modify part of your Submission after the Submission Period for the purpose of removing material that potentially infringes a third party mark or right, discloses personally identifiable information, or is otherwise inappropriate. The modified Submission must remain substantively the same as the original Submission with the only modification being what the Host Company permits.
(ii) Responsibility for Hackathon Submissions
You are solely responsible for confirming that your Submission is complete and for making and storing copies or drafts of it. The Host Company is not responsible for confirming the accuracy or completeness of a Submission as received. The Host Company and DoSelect are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Developers or Representatives. Proof of sending or submitting will not be deemed to be proof of receipt by a Host Company or DoSelect.
If DoSelect and/or a Host Company determines that your Submission has not been received, or has been erroneously deleted, lost, destroyed or corrupted, you may request the opportunity to resubmit your Submission. However, you must make such a request promptly after you know or should have known there was a problem. Your request will be handled at the sole discretion of the Host Company and/or DoSelect.
- Determining Eligibility & Display of Submissions
The Host Company has the right to require additional information. They also have the right to access any code that is part of your Submission, in person or via any other reasonable manner, to verify that the code functions and operates as described in other parts of your Submission, or to verify your role in writing the code. Failure by a developer to respond or provide the additional information or access may result in disqualification of the Submission by the Host Company.
Submissions may be posted on the Hackathon Website or elsewhere on the Site before or after being screened or tested by the Host Company for compliance with the Official Rules. Posting of a Submission to the Site or Hackathon Website does not mean that the Submission is eligible. A Submission may be disqualified after it has been publically displayed.
- Entry Conditions
By entering a Hackathon on the Hackathon Website, you agree to the following:
(i) The relationship between you, the Developer, and the Host Company and DoSelect, is not a confidential, fiduciary, or other special relationship.
(ii) You will be bound by and comply with this Agreement and the Official Rules and the decisions of the Host Company, DoSelect, and/or the Hackathon judges which are binding and final in all matters relating to the Hackathon.
By participating in a Hackathon on the Site you consent to the use of personal information about you, if you are a winner, by the Host Company, DoSelect, 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 Developer’s team or organization which participated in the winning Submission.
- General Conditions applicable to Hackathons
Host Companys and DoSelect reserve the right, in their sole discretion, to cancel, suspend and/or modify a 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.
Host Companys and DoSelect reserve the right in their sole discretion to disqualify any individual or Developer they find to be:
- actually, or presenting the appearance of, tampering with the entry process or the operation of a Hackathon;
- acting in violation of this Agreement or the Official Rules, or in a manner that is inappropriate, unsportsmanlike, and/or not in the best interests of the Hackathon; or
- violating any applicable law or regulation.
Any attempt by any person to undermine the proper conduct of a Hackathon may be a violation of criminal and civil law. If a Host Company or DoSelect suspects that such an attempt has been made or is threatened, they may take appropriate action, including but not limited to requiring a Developer to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
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 the Submission form, Hackathon Website, advertising (including television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.
The terms and conditions of Official Rules may change at any time, including the rights or obligations of the Developer and the Host Company. The Host Company 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.
If at any time prior to a Hackathon deadline, a Developer or prospective Developer believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification to the Host Company.
A Host Company and/or DoSelect’s failure to enforce any term of this Agreement or the Official Rules shall not constitute a waiver of that provision. If any provision of any Official Rules is or becomes illegal or unenforceable in any jurisdiction whose laws or regulations apply to you, the remainder of the Official Rules, including the rule affected, shall remain unaffected and valid, to the fullest extent permitted by law, The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Host Company’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
- Hackathon Disputes
By entering a Hackathon on the Site, you agree that, to the fullest extent permitted by law:
(i) any and all disputes, claims and causes of action arising out of or connected with the Hackathon, or any prizes awarded, other than those concerning the administration of the Hackathon or the determination of winners, shall be resolved individually, without resort to any form of class action;
(ii) any and all disputes, claims and causes of action arising out of or connected with the Hackathon, or any prizes awarded, shall be resolved exclusively by the courts with jurisdiction at the Host Company’s location, indicated in the Official Rules, and you consent to the exclusive jurisdiction and venue of such courts; and
(iii) under no circumstances will you be entitled to, and you hereby waive all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased.
Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
All issues and questions concerning the construction, validity, interpretation and enforceability of a Hackathon’s Official Rules, or the rights and obligations of you, the Developer, or the Host Company in connection with the Hackathon, shall be governed by, and construed in accordance with, the laws of the country, province, state, and/or territory in which the Host Company is located (as indicated in the Official Rules), without giving effect to any choice of law or conflict of law rules (whether of the Host Company’s jurisdiction or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than those of the Host Company’s jurisdiction.
Please sign in to leave a comment.