2018 Capital One Gift the Code Hackathon Participant Agreement
The Capital One Gift the Code Hackathon (the "Hackathon") is administered by Hackworks Inc. ("Hackworks") on behalf of Capital One Bank (Canada Branch) ("Capital One") (Hackworks and Capital One are referred to collectively herein as the "Organizers") for the benefit of participating non-profit organizations (each, a "Charity"). By registering for and participating in the Hackathon, you, the registrant ("you" and "your") confirm you have reviewed and agree to this Participant Agreement (the "Agreement") between you and the Organizers, and will abide by the instructions and decisions of the Organizers and the Hackathon staff.
The Hackathon is an opportunity for you to innovate, ideate, and rapidly prototype a creative technological solution to a unique challenge faced by a Canadian non-profit organization, all in open source. The Hackathon is a charitable event with no compensation or prizes and is not a competition or a contest.
To participate in the Hackathon, you must be at least the age of majority in your jurisdiction of residence. You must be also be a legal resident of Canada, unless you are an employee or contractor of Capital One, its subsidiaries and affiliates, in which case, you must be a resident of Canada or of the United States.
The Organizers may at any time in their sole discretion disqualify any Hackathon participant (each, a “Participant”) who does not meet the Hackathon's eligibility criteria (including failure to provide evidence, to the satisfaction of the Organizers, of their meeting the eligibility criteria), fails to comply with this Agreement or the Hackathon Code of Conduct, or who attempts to disrupt the Hackathon in any manner.
To participate, you must register for the Hackathon at GiftTheCode.ca (the "Website"). There is no fee for registration or participation. Registration opens on September 20, 2018 at 12:00 p.m. EST and closes on November 16, 2018 at 5:00 p.m. EST (the "Registration Period"). You must enter the required information accurately and accept this Agreement to successfully register. Participation is available on a ‘first come, first serve’ basis for the first two hundred (200) eligible registrants.
Should more than two hundred (200) individuals register prior to the end of the Registration Period, the Organizers may offer a waitlist for eligible registrants interested in participating. In the event that any of the registered Participants advise the Organizers that they are not able to attend the Hackathon prior to the end of the Registration Period, or are not present at the Hackathon venue at the beginning of the Hackathon Period (as defined below), their spot may be offered to individuals on the waitlist on a 'first come, first serve' basis.
Once registered, you'll receive a confirmation email from the Organizers at the email address provided on your registration.
Participants are required to work on a team of four (4) to eight (8) Participants (each, a "Team"). You can only work on one Team over the course of the Hackathon, and you can't trade, swap, or re-assign Team members except with the permission of the Organizers. If you haven't formed your Team in advance of the Hackathon, the Organizers may assign you to one based on your skills, experience, or other factors at the Organizers' sole discretion.
The Hackathon begins on November 16, 2018 at 6:00 p.m. EST and ends on November 18, 2018 at 4:00 p.m. EST (the "Hackathon Period"). The Hackathon will take place at the Globe and Mail Centre, 351 King Street East, Toronto, Ontario. You're responsible for transportation to and from the Hackathon venue, and any transportation costs to get you there and back.
At the beginning of the Hackathon Period, each Team will be assigned to a Charity. A representative from the Charity will brief your Team on the Charity's objectives, activities, and unique technological challenge (a "Charity Challenge"). You’ll have an opportunity to express your preference as to which Charity and Charity Challenge you wish to be assigned to; however, the final decision as to Charity and Charity Challenge assignments will be at the discretion of the Organizers. Once you've been assigned your Charity Challenge, you can't change Teams or obtain a trade or replacement Charity or Charity Challenge, except with the permission of the Organizers.
During the Hackathon Period, all Teams are invited to create and demonstrate a solution to your assigned Charity Challenge (a "Submission"). Teams may work on their Submissions at any time throughout the Hackathon Period, but must submit them prior to the end of the Hackathon Period as set out in the Hackathon schedule available on the Website. Submissions are subject to additional requirements, set out under the section titled "YOUR SUBMISSION" below.
You’re required to provide your own computer(s) and any other hardware required to develop and submit your Submission. The Organizers will make reasonable efforts to provide access to software, APIs, databases, networks, or other tools to assist you in developing your Team’s Submission; however, the Organizers aren't obligated to provide you with any hardware or software support. You will be provided with food and drink over the course of the Hackathon but are otherwise responsible for any and all costs or expenses you incur in participating in the Hackathon. If you have any allergies or dietary restrictions, it is your responsibility to inform the Hackathon staff. If you have a disability and require accommodation, you must notify the Hackathon staff so that a reasonable accommodation may be made.
6. YOUR SUBMISSION:
BY PARTICIPATING IN THE HACKATHON AND SUBMITTING A SUBMISSION, YOU AGREE THAT YOUR SUBMISSION (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL REQUIREMENTS PROVIDED IN THIS AGREEMENT. NEITHER THE ORGANIZERS NOR THE CHARITIES WILL BEAR ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING FROM ACCESS OR USE OF ANY SUBMISSION BY THE ORGANIZERS, THE CHARITIES, OR ANY THIRD PARTY. YOU AGREE TO INDEMNIFY AND HOLD EACH OF THE ORGANIZERS AND THE CHARITIES HARMLESS IN THE EVENT YOUR SUBMISSION DOES NOT COMPLY WITH ANY OF THESE REQUIREMENTS.
Your Submission must never have been previously published, exhibited publicly, or submitted in any hackathon, exhibition, or similar competition, contest, or event. All proprietary code used in your Submission must be developed during the Hackathon Period (though you may have worked on designs, wireframes, or mock-ups in advance). Your Submission must also meet the following technical requirements:
- Your Submission must attach the Apache Open Source License 2.0. (See the section titled "INTELLECTUAL PROPERTY" below for more details);
- Your Submission must be submitted in the English language, unless otherwise specified by the Organizers;
- Your Submission must be submitted via https://www.hackworks.com/en/giftthecode2018;
- Your Submission must be in an acceptable file type (.ipa or .apk, or source files to a locally hosted website/web app, or hosted website/web apps);
- Your Team must use a code repository (Github or Bitbucket) to share your Submission with the Organizers; and
- Your Submission must meet any other technical requirements, guidelines or criteria provided on the Website or otherwise specified by the Organizers
You further warrant and represent that your Team's Submission:
- is original to at least one of your Team members and at least one of your Team members has obtained all necessary rights in and to the Submission (and all components thereof) for the uses set out under these Rules;
- only includes materials (including source code (both open source and third party sourced), user interfaces, music, video or images) that you own or that you have a license or permission from the owner to use, and that you have provided any permissions or acknowledgments as required by any applicable licenses or permissions;
- does not breach the terms and conditions of any software, code, service, platform, or other technology embedded, used or leveraged by your Submission;
- does not contain any malware, Trojan horses, backdoors, or corrupt or malicious code;
- does not violate any law, statute, ordinance or regulation;
- does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence (if consent cannot be obtained for an individual appearing in the Submission, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
- will not give rise to any claims of intellectual property infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment or compensation whatsoever; and
- is not defamatory, trade libelous, pornographic or obscene, and does not violate any laws relating to hate speech, and further that it will not contain, depict, include or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual or religious groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services; any identifiable third party products, trademarks, brands and/or logos (if the necessary consents cannot be obtained, then all identifiable third party products, trade-marks, brands and/or logos must be blurred out so as to be unrecognizable); conduct or other activities in violation of this Agreement; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Organizers in their sole and absolute discretion.
7. INTELLECTUAL PROPERTY:
You own your Submission and any copyright, patent, or intellectual property rights in and to your Submission. In consideration of your participation in the Hackathon, you and each of your Team members agree to make your Submission open source and attach the Apache Open Source License Version 2.0 to your Submissions' code. The Apache Open Source License Version 2.0 can be found at http://www.apache.org/licenses/LICENSE-2.0.
In addition, you grant the Organizers an unrestricted, royalty-free, perpetual, irrevocable, worldwide, sublicensable, assignable licence (but not the obligation) to reproduce, communicate, modify, display, transmit, publicly perform, make derivative works from, and otherwise use your Submission (in whole or in part) without any fee or other form of compensation, and without further notification or permission, for the purposes of (a) using, reviewing, assessing, testing, and otherwise analyzing your Submission and any of its contents in connection with the Hackathon, and (b) featuring your Submission and any of its contents for promotional purposes, without further notice or compensation, in any publicity or advertisement carried out by the Organizers in any media now known or later developed, including social media, print, broadcast or the internet. You agree to sign any necessary documentation that may be required for the Organizers and their designees to make use of the rights you have granted above. You acknowledge that neither the Organizers nor any of the Charities are obligated to use your Submission for any purpose
By participating in the Hackathon, you understand and acknowledge that Capital One may have developed or commissioned, or may develop or commission in the future, materials similar or identical to your Submission. You waive any and all claims you may have resulting from any similarities between your Submission and any such materials. In addition, you understand and acknowledge that Capital One cannot control any information that you may disclose to employees, contractors, or other representatives of Capital One (who may or may not be Participants in the Hackathon) in the course of your participation in the Hackathon. You also understand that Capital One will not restrict work assignments of representatives who may have had access to your Submission. By participating in the Hackathon, you agree that the use of such information by the unaided memory of any Capital One representative in the development or deployment of any products or services will not give rise to any liability of Capital One under any applicable copyright, patent, or other intellectual property laws.
There are no prizes for participating in the Hackathon or submitting a Submission. You understand and acknowledge that you will not receive any compensation or credit, paid or otherwise, from the Organizers the Charities, or any other entity for your participation in the Hackathon or for your Submission.
Throughout the Hackathon, the Organizers may assign badges, trophies, or other awards to Team or individual Participants. These badges, trophies, or other awards have no monetary value and may or may not be assigned by the Organizers in their sole discretion.
By registering and participating in the Hackathon, you consent to the Organizers and their affiliates and advertising and promotional agencies (including those located in the United States) collecting, storing and using your name, email address, daytime telephone number, and age for the purpose of administering the Hackathon, carrying out recruitment activities, and for any other purposes required or permitted by law. The Organizers may send you emails related to your participation in the Hackathon, but will not use your personal information for marketing or advertising purposes without your express consent.
You agree to comply with the Hackathon Code of Conduct, as well as any other rules, restrictions, or instructions provided by the Hackathon staff, and any and all applicable laws. You acknowledge that failure to comply with any of the above may result in your immediate disqualification from the Hackathon and removal from the Hackathon venue.
Any attempt to deliberately damage the Website or any other website affiliated with the Hackathon, the Organizers or the Charities, to undermine the legitimate operation of this Hackathon, or to abuse, threaten or harass any Participants or Hackathon staff may constitute a violation of criminal and civil laws and should such an attempt be made, the Organizers may disqualify you, may ban you from participating in any future hackathons or similar events, and reserve the right to seek remedies and damages to the fullest extent permitted by law.
You grant to the Organizers and the Charities the right to record and/or photograph you during the course of the Hackathon, as well as Hackathon-related events. You further agree to the use of your name, address, hometown, voice, statements about the Hackathon and/or photograph or other likeness, including any recordings and photographs taken by the Organizers and the Charities, without further notice or compensation, in any publicity or advertisement carried out by the Organizers or the Charities in any media now known or later developed, including social media, print, broadcast or the internet.
12. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY:
The Organizers will not be liable for: (i) any failure of the Website before, during or after the Hackathon Period; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software associated with the Hackathon; (iii) the failure of any Submission to be received for any reason, including, but not limited to, technical problems or traffic congestion on the internet or at any website, or for any entry to be deemed inadmissible during the Hackathon Period; (iv) any injury or damage to a Participant's or any other person's computer or other hardware related to or resulting from participating in or downloading any material related to the Hackathon; (v) any illness, injury, sleep deprivation, stress related illness/injury or any other illness/injury of any kind claimed to be caused by or related to a Participant's entry or participation in this Hackathon; and/or (vi) any combination of the above.
YOU HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE ORGANIZERS, THE CHARITIES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, 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), NOW OR IN THE FUTURE ARISING FROM OR RELATED TO (A) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT; (B) YOUR PARTICIPATION IN THE HACKATHON; AND (C) ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGMENT, OR ANY OTHER INTELLECTUAL PROPERTY RELATED CAUSE OF ACTION.
IN NO CIRCUMSTANCES WILL THE ORGANIZERS BE RESPONSIBLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE HACKATHON OR YOUR PARTICIPATION THEREIN.
13. GENERAL CONDITIONS:
The Organizers reserve the right to cancel, amend or suspend this Hackathon, or to amend this Agreement, at any time, for any reason, and without prior notice or obligation. If the Organizers update or amend this Agreement, the amended version(s) will be posted to the Website and will be effective as of the time they are posted. You are responsible for checking the Website regularly for any updates to this Agreement. In the event of any discrepancy or inconsistency between this Agreement and disclosures or other statements contained in any Hackathon-related materials, the terms and conditions of this Agreement shall prevail, govern and control.
If the Organizers do not exercise or enforce any legal right or remedy available to them, the Organizers will not be deemed to have waived any such rights or remedies. Any waiver of any provision of this Agreement will be effective only if either of the Organizers expressly states in a signed writing that it is waiving a specified provision of this Agreement. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.
This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any choice of law principles that might provide for application of a different jurisdiction’s law. You agree that any and all disputes arising out of or relating in any way to the Agreement shall be subject to the exclusive jurisdiction of the courts of the City of Toronto, Ontario, and you consent to the jurisdiction of such courts.