Blue Compass / Expedition Hackathon HACKATHON PARTICIPATION AGREEMENT
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
“Expedition Hackathon” events held in 2019 (“Hackathon”) are sponsored by Blue Compass LLC (“Sponsor”, “we”, “us”).
Teams of up to 5 are allowed. All members of your team must meet the eligibility criteria contained in this Participation Agreement. If any member of your team is ineligible or otherwise fails to comply with this Participation Agreement, the team as a whole may be disqualified in the Sponsor’s sole discretion. Each team is solely responsible for its own cooperation and teamwork. The Sponsor will not officiate any dispute between members regarding their conduct, participation, cooperation, contribution, prize sharing or intellectual property Sponsorship.
Develop the next generation of engaging stories in time and space, using the heaping piles of data we’ll give you, that educates and demonstrates data exploration at its finest!
All participants must begin coding at the same time. Winning teams may be subject to a code-review at some point following the event or immediately before winners are announced. Your team must complete its Prototype before the end of the “Hackathon Period,” which is the 24-hour period beginning at approximately 1:00pm on the Hackathon Start Date. Instructions will be provided on how to check in the code for your Prototype.
Participants own the rights to their projects they create at the Hackathon. Your team may create a Prototype using data and/or API’s provided by the Sponsor and/or its Partner. This could mean that you or a teammate created the Technology, acquired Sponsorship of the Technology from a third party, or may rely on binding written statements by the third party that owns or has the right to license the Technology indicating that you (or members of the public generally) are authorized to use that Technology in the manner you intend to use it. Your team will be disqualified if the Sponsor has any reason to believe that your team has violated the terms of this paragraph. You should consult with appropriate advisors or legal counsel if you have any doubt as to whether you are meeting the requirements of this paragraph. “Technology” means, without limitation, content (including pictorial,
audio and audio-visual content), code, specifications, technical information, algorithms, images, design, art, music, graphics, SFX, data, and any other information or materials protected by any intellectual property right. Your team may bring to the Hackathon any pre-developed or licensed Technology that you plan to use in connection with your Prototype, provided that such Technology meets the requirements of this paragraph.
By participating in the Hackathon, you will receive access to certain proprietary software, APIs, and/or other copyrighted materials, including pictorial, audio, video and/or audio-visual content owned by the Sponsor or its affiliates, partners or licensors.
AGREEMENT. Please review carefully.
Your team’s Prototype and any other materials submitted in connection with the Hackathon will be referred to herein as your team’s “Submission.”
Following the Hackathon Period, each team will have two to three minutes to demonstrate its Submission to a panel of judges selected by the Sponsor, followed by a question and answer session with the judges. Demonstrations will occur at the selected venue for each event. Demonstration time limits may be shortened or lengthened in the Sponsor’s sole discretion depending on the number of Entries.
You may present your Submission in any way you see fit, but you are encouraged to explain and demonstrate how your Submission meets the judging criteria below. The Sponsor will provide equipment to display your Submission on a screen. The order of demonstrations will be decided by the Sponsor in its discretion.
A panel of judges will evaluate each Submission immediately after its demonstration using a combination of judging criteria:
• Impact: How impactful will this solution be for its target audience? Is it scalable?
• Creativity: How original is this solution?
• Design: How well designed is this solution, from front end through to UI/UX?
• Execution: How well executed is this solution from start to finish?
Each submission will be scored in each round based on the following criteria with a minimum score of 0 and maximum score of 20 points, with the final score being the average of the judges’ scores.
A current list of judges can be found at the Hackathon Website. Judges are subject to change in the Sponsor’s sole discretion. A judge may elect to recuse him or herself from evaluating a Submission, or the Sponsor may require a judge to recuse him or herself from evaluating a Submission, if, in the judge’s or the Sponsor’s discretion, it would not be appropriate for the judge to evaluate a participant’s Submission because of a past or current relationship with the participant. Recusal decisions are final and not subject to appeal.
WINNER ANNOUNCEMENT AND VERIFICATION:
Potential winners will be announced shortly after the Judging Rounds. The Sponsor may take any actions necessary to verify a team’s compliance with this Participation Agreement before awarding a Prize, including, without limitation, engaging a third party vendor to evaluate the Prototype software code and/or requiring a team to provide evidence of permission to use certain third party materials. You understand and acknowledge that even though your team may be announced as a winner,
if your team’s compliance with this Participation Agreement cannot be verified to the satisfaction of the Sponsor, the Sponsor will select an alternate winner with the next highest score based on the same judging criteria.
A current list of prizes for each individual event will be listed on the Hackathon website. Prizes are awarded based on combined judge scores from each round of judging.
All Prize details will be determined by the Sponsor in its sole discretion. The Sponsor reserves the right to substitute a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of any Prize are the sole responsibility of winners. Prizes cannot be transferred or substituted by winner. The Sponsor will furnish an Internal Revenue Service Form 1099 to winner for the approximate retail value of the Prize for the tax year in which the Prize was won. If a Prize is unclaimed within a reasonable time after notification from the Sponsor, as determined by the Sponsor in its sole discretion, it will be forfeited, and time permitting, an alternate winner may be selected from the remaining eligible Entries at the Sponsor’s sole discretion.
Your Submission must:
a. Adhere to the terms of service per this agreement and the rules stated at the beginning of the hackathon
b. Not breach the terms and conditions of any embedded software or services used by your Application,
c. Not contain any malicious code or backdoors,
d. Not contain, depict or refer to any crude, vulgar, obscene, sexually explicit, disparaging, discriminatory, offensive, illegal or otherwise unsuitable language, activity or other content (all as determined by the Sponsor in its sole discretion)
e. Not contain, depict or refer to any content which disparages or refers negatively to the Sponsor, the Hackathon, or any other person or entity (all as determined by the Sponsor in its sole discretion); and
f. Not contain any content that violates any law or any third party’s rights (including privacy, personality and intellectual property rights).
You and/or your entire team may be disqualified for any of the following actions, with or without warning, in the Sponsor’s sole discretion: (i) verbal abuse of another participant or Hackathon staff, (ii)
inappropriate touching or harming of another participant or Hackathon staff, (iii) breach of the Hackathon Participant Agreement or any other agreement entered into in connection with the Hackathon, (iv) violation of or non-compliance with any section of this Participation Agreement, or (v) violating the spirit of the Hackathon. If the Sponsor has reason to believe that you or your team has compromised the integrity or the legitimate operation of this Hackathon, or has attempted to compromise the integrity or the legitimate operation of this Hackathon, including, without limitation, by cheating, hacking, creating a malicious bot or other automated program, or by committing fraud in any way, your team will be disqualified and asked to leave the premises. If during the Hackathon, any Hackathon staff has reason to believe that your health is in danger, you may be required to discontinue your participation in the Hackathon and asked to seek immediate medical assistance. Your teammates, if any, may continue participating in the Hackathon if they so choose.
All disqualification decisions are final and not subject to appeal.
CODE OF CONDUCT:
Blue Compass is dedicated to providing an empowering experience for everyone who participates in or supports our community. Because we value the safety and security of our members and strive to have an inclusive community, we do not tolerate harassment of members or event participants in any form. This Code of Conduct was created to clearly define what we mean by a harassment-free experience, so that our community and those who support it are clear about our intent and have access to procedures for addressing issues, should they arise.
Blue Compass Statement of Intent:
Blue Compass values the safety and security of all of our members and, because of that, we will not tolerate any form of harassment or discrimination. Our goal is to provide a safe and secure environment for our members, and to this end we have taken the following actions:
• Provided a statement of intent and code of conduct for events
• Explicitly outlined and defined forms of harassment and discrimination
• Clearly outlined the consequences for those who engage in harassing or discriminatory behavior
• Provided a system for reporting any harassing or discriminatory behavior
• Committed to a periodic review of the code of conduct
Code of Conduct for Blue Compass Events:
Blue Compass is an organization dedicated to inspiring all to excel in technology careers. We are committed to our mission statement and equally committed to providing a harassment-free experience for everyone regardless of gender, gender identity and expression, sexual orientation, ability, physical appearance, body size, race, ethnicity, age, religion, or socioeconomic status. We do not tolerate harassment of event participants in any form. Event participants violating these rules may be sanctioned or expelled permanently, at the discretion of the event organizers.
If a participant engages in harassing behavior, the Hackathon organizers may take any action they deem appropriate, including warning the offender or expulsion from the Hackathon with no refund (if applicable).
We expect participants to follow these rules at Hackathon and workshop venues and Hackathon-related social events.
Forms of Harassment and Discrimination:
Forms of harassment include sexual language and imagery, sexist, racist, and exclusionary jokes, and acts that insult or belittle other event attendees in any way. These are unacceptable at any and all Blue Compass events. Other forms of harassment and discriminatory behavior include, but are not limited to: offensive verbal comments related to gender, gender identity and expression, sexual orientation, ability, physical appearance, body size, race, ethnicity, religion, socioeconomic status; sexual images in public spaces; deliberate intimidation; stalking; following; unwarranted photography or recording; sustained disruption of event programming; inappropriate physical contact; and unwelcome sexual attention.
Participants asked to stop any harassing behavior are expected to immediately comply and may be removed from the event without warning by any member of Blue Compass leadership. Participants are expected to comply with the Blue Compass Code of Conduct at all event venues.
Consequences for Harassment and Discrimination
If a participant engages in behavior which is harassing or discriminatory in any way, the event organizers may take any action they deem appropriate. These actions include, but are not limited to, issuing a warning or expulsion from all future events. If a warning or expulsion is issued, Blue Compass leadership may elect to share this information with directors from any network that the participant joins in the future. If a participant engages in behavior which is harassing or discriminatory in any way at events in more than one network, Blue Compass leadership may take any action they deem appropriate. These actions include, but are not limited to, issuing a warning or expulsion from all future Blue Compass events in all networks. How to Report Harassment and Discrimination.
If you experience or notice harassment, discrimination, or any of the unacceptable behaviors outlined herein at a Blue Compass event, or have any other concerns, please report the incident as soon as possible. To report an incident, take one of the following actions: inform the event organizer on site; inform another organizer in your network; report the incident to Blue Compass HQ by completing emailing firstname.lastname@example.org. If you choose to share your name, it will only be seen by Blue Compass leadership involved with resolving the issue.
We encourage you to report any incident of harassment, discrimination, or unacceptable behavior as soon as possible. Blue Compass leadership will take all appropriate actions to mitigate risk factors moving forward and continue to provide a safe and secure environment for all Blue Compass members. Blue Compass leadership is happy to assist attendees in contacting venue security, local law enforcement, or otherwise aid those experiencing harassment so that they feel safe for the duration of the event. The Blue Compass leadership team will take great care to ensure that the assistance provided meets the needs of attendees who were affected.
Blue Compass strives to create a positive and inclusive environment. As such, the Blue Compass leadership team commits to an annual review of the Code of Conduct to ensure that it continues to align with this goal and address the needs of our community. Blue Compass welcomes feedback . All feedback should be submitted by emailing: email@example.com.
We would like to thank WWCode, Heroku and AlterConf for their excellent codes of conducts, which we used as a guide for our own.
Please see Appendix A for the full NDA.
VIDEO TAPING AND STILL PHOTOGRAPHY:
By participating in the Expedition Hackathon, you agree to be photographed and videotaped by the Sponsor or its contractors without receiving compensation of any kind. You understand that the images and footage may be broadcast, displayed, reproduced, edited, exhibited, used and distributed by the Sponsor over the Internet and/or any other communication medium now existing or hereafter created, for promotional, revenue producing and/or any other purpose as the Sponsor determines in its sole and absolute discretion. This authorization explicitly includes the use of your name, likeness, and/or voice. You may opt out of being photographed and/or videotaped by informing Hackathon staff upon check-in at the Hackathon that you do not consent to be photographed or videotaped, or by approaching the photographers or videographers directly.
The failure of the Sponsor to comply with any provision of this Participation Agreement due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of this Participation Agreement. The Sponsor assumes no responsibility for any injury or damage to your or any other person’s computer relating to or resulting from downloading materials or software in connection with the Hackathon. The Sponsor is not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of Submission information; for errors in any promotional or marketing materials or in this Participation Agreement; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. The Sponsor reserves the right to cancel, modify, or suspend the Hackathon or any element thereof (including, without limitation, this Participation Agreement) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in this Participation Agreement). In the event of cancellation, modification, or suspension, The Sponsor reserves the right to select winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. The Sponsor may prohibit any entrant or potential entrant from participating in the Hackathon, if such entrant or potential entrant shows a disregard for this Participation Agreement; acts with an intent to annoy, abuse, threaten, or harass any other entrant, the Sponsor, or the Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by the Sponsor in its sole discretion.)
BLUE COMPASS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE EXPEDITION HACKATHON OR THESE HACKATHON RULES. YOU HEREBY RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS BLUE COMPASS AND ITS EMPLOYEES, OFFICERS, AFFILIATES, AGENTS, PARTNERS, JUDGES AND ADVERTISING AND PROMOTIONAL AGENCIES FROM ANY AND ALL DAMAGES, INJURIES, CLAIMS, CAUSES OF ACTIONS, LIABILITY OR LOSSES OF ANY KIND (INCLUDING ACTUAL LEGAL FEES AND EXPENSES), KNOWN OR UNKNOWN, ABSOLUTE OR CONTINGENT, NOW OR IN THE FUTURE ARISING FROM OR RELATED TO: (A) YOUR FAILURE TO COMPLY WITH ANY OF THE HACKATHON RULES (B) ANY MISREPRESENTATION YOU MAKE UNDER THE HACKATHON RULES OR OTHERWISE TO BLUE COMPASS; (C) YOUR PARTICIPATION IN THE EXPEDITION HACKATHON; OR (D) YOUR RECEIPT, USE OR REDEMPTION OF ANY PRIZE, OR YOUR INABILITY TO RECEIVE, USE OR REDEEM ANY PRIZE.
Hackathon Project Development
The Sponsor will co-host a Hackathon on or about April 14, 2018. As part of the Hackathon, the Sponsor will provide Participant with certain Confidential Information solely for use during the Hackathon. Participant agrees that the Participant will protect the Confidential Information. Therefore, the parties agree as follows:
I. CONFIDENTIAL INFORMATION. “Confidential Information” means all confidential or proprietary information the Sponsor shares with Participant that is identified as confidential at the time of disclosure or which has a reasonably apparent confidential nature. Confidential Information specifically includes all information and data provided by the Sponsor for purposes of the Hackathon. Confidential Information does not include information which: (A) is or becomes a part of the public domain through no fault of the receiving party; B) was in the Participant’s lawful possession prior to the disclosure; (C) is lawfully disclosed to the Participant by a third party without restriction on disclosure or any breach of confidence; or (D) is independently developed by or for the Participant.
II. PROTECTION OF CONFIDENTIAL INFORMATION. The Participant understands and acknowledges that the Confidential Information has been developed or obtained by the Sponsor by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Sponsor which provides the Sponsor with a significant competitive advantage and needs to be protected from improper disclosure. In consideration for the receipt by the Participant of the Confidential Information, the Participant agrees as follows:
A. No Disclosure. The Participant will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Sponsor.
B. No Copying/Modifying. The Participant will not copy or modify any Confidential Information without the prior written consent of the Sponsor.
C. Unauthorized Use. The Participant shall promptly advise the Sponsor if the Participant becomes aware of any possible unauthorized disclosure or use of the Confidential Information.
D. Application to Employees. The Participant shall not disclose any Confidential Information to any employees of the Participant, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of the Sponsor.
E. No Use. The Participant will not use any Confidential Information, other than during the Hackathon for the purpose of participating in the Hackathon, for any purpose without the prior written consent of the Sponsor.
F. Deletion of Confidential Information. To the extent that the Participant obtains Confidential Information, Participant will delete and destroy all Confidential Information immediately after the Hackathon. Use of data beyond the Hackathon to continue to build upon the Hackathon product may be requested in writing to the Sponsor. The Sponsor may grant or deny such request in its sole discretion.
III. UNAUTHORIZED DISCLOSURE OF INFORMATION – INJUNCTION. If it appears that the Participant has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Sponsor shall be entitled to an injunction to restrain the Participant from disclosing the Confidential Information in whole or in part. The Sponsor shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
IV. RELATIONSHIP OF PARTIES. Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture.
V. NO WARRANTY. The Participant acknowledges and agrees that the Confidential Information is provided on an “AS IS” basis. THE SPONSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE SPONSOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. Any actions taken by the Participant in response to the disclosure of the Confidential Information shall be solely at the risk of the Participant.
VI. LIMITED LICENSE TO USE. The Participant shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. The Participant acknowledges that, as between the Sponsor and the Participant, the Confidential Information and all related copyrights and other intellectual property rights, are (and at all times will be) the property of the Sponsor, even if suggestions, comments, and/or ideas made by the Participant are incorporated into the Confidential Information or related materials during the period of this Agreement.
VII. INDEMNITY. Each Party agrees to defend, indemnify, and hold harmless the other Party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorney’s fees, costs and expenses resulting from the indemnifying Party’s material breach of any duty, representation, or warranty under this Agreement.
VIII. ATTORNEY’S FEES. In any legal action brought by the Sponsor concerning this Agreement, the Sponsor shall be entitled to recover reasonable attorney’s fees and costs if it prevails in the action.
IX. TERM. The obligations of this Agreement shall survive from the Effective Date or until the Sponsor sends the Participant written notice releasing the Participant from this Agreement. After that, the Participant must continue to protect the Confidential Information that was received during the term of this Agreement from unauthorized use or disclosure indefinitely.
X. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the Parties regarding confidentiality. Any amendments must be in writing and signed by both Parties. The failure to exercise any right provided in this Agreement is not a waiver of prior or subsequent rights. This Agreement shall be construed under the laws of the State of Virginia. This Agreement shall not be assignable by either Party. Neither Party may delegate its duties under this Agreement without the prior written consent of the other Party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times in accordance with the term of this Agreement. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.