HarperDB Cloud Hackathon Terms & Conditions

Thank you for your interest in HarperDB Virtual Hackathon 2020 (the “Hackathon”).

BY REGISTERING FOR THE HACKATHON, PARTICIPATING OR ATTEMPTING TO PARTICIPATE IN THE HACKATHON AND/OR USING THE HACKATHON SITE (“Site”), YOU (“you” or “Participant”) ARE AGREEING TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HARPERDB, INC. (“HarperDB”) WITH RESPECT TO THE HACKATHON.  HarperDB shall have the right to modify these Terms and Conditions at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this page periodically. To make your periodic review more convenient, we will post a date at the bottom of this page.

What is the Hackathon?  The Hackathon involves individuals and/or small teams of individuals building creative projects using HarperDB Cloud as the database and our approved theme

Dates and Times of the Hackathon.

The event begins May 5th, 2020 and ends on June 8th, 2020 at 11:59 pm Mountain Time. The Hackathon will be held virtually.

Travel, lodging and other expenses.   You are responsible for your own travel and accommodation arrangements and for covering all associated costs and expenses in connection with your participation in the Hackathon.

Hardware and Software.   Each Participant must bring or obtain whatever hardware and/or software they believe they need to participate (e.g. laptops, phones, etc.), including any necessary chargers.  There will be electrical outlets available on a first come, first serve basis.  

HarperDB will inform Participants if HarperDB has or obtains any equipment or devices that can be loaned to Participants for use at the event, or if HarperDB is aware of any specific data or other materials being made available for Participants to use at the event.  Please be advised that any such data and materials could be made available solely via the Internet or other electronic means, and Participants would be responsible for having any necessary devices or Internet access if they want to access those data or materials.  If the data and materials are made available through a third party website, Participants are responsible for reviewing any applicable terms for using such website and deciding if they are acceptable to Participant.

Who is eligible to participate? Each individual who participates the Hackathon (“Participant”) must:

• be an adult at least 18 years old who is legally able to enter into a contract
• be a lawful resident of the United States, Mexico, India, or Canada except Quebec, or where restricted or prohibited by law

How to Register.  To register to be a Participant in the HarperDB Hackathon you must sign up at https://harperdb.io/harperdb-hackathon/ and indicate you agree to these Terms and Conditions and the HarperDB Privacy Statement. You will need to provide certain information about yourself to register. If you are registering on behalf of a team, you are representing that all team members have read the Terms and Conditions and Privacy Policy and (1) that you have the authority to bind all team members whom you represent to the Terms and Conditions and Privacy Policy; and (2) that those whom you represent will be bound by and a party to the Terms and Conditions and Privacy Policy.   Registrations are limited and are on a first come, first serve basis, and HarperDB has the right to end registration or limit the number of registrants at any time in its discretion. The deadline to register is May 26th at 11:59 pm MT.

Collection/Use of Your Information.  As described in more detail below in these Terms and Conditions, HarperDB may ask you for additional information to confirm that you are in compliance with these Terms and Conditions and/or (if applicable) are eligible to receive prizes.  Your failure to provide such information within the requested time frame may render you ineligible.  Please see our Privacy Statement (https://harperdb.io/legal/privacy-policy/) for information about how we collect, use and disclose information you provide. The terms of the Privacy Statement are incorporated by reference into these Terms and Conditions.

How do I form a Team?  A team can include unlimited Participants (a “Team”). The size of your Team will not be taken into consideration in the judging.

How do I become eligible to win prizes?  As described in more detail below in these Terms and Conditions, prospective winners may be required to provide any requested proof of eligibility and to sign additional paperwork in order to be formally declared winners and to claim prizes.

Determination of Winners.   Winners will be judged based on the following criteria:

           –direct relevance to the core problem/addressing the core problem;

           –uniqueness of the recommended solution; and

           –ease of implementation (e.g. feasible to implement within one year).

            –quality of code

           –Does this project expand the accessibility of HarperDB? (ex. large ecosystem integrations,

          non-developers can utilize the power of HarperDB, improve accessibility for developers)

•       –Is this project production ready?

•        –Ease of use of project

Prizes.  The available Team prizes are subject to and incorporated into these Terms and Conditions and can be found here:

https://harperdb.io/harperdb-hackathon/

*The prize listings may be supplemented or modified from time to time in HarperDB’s sole discretion.

Other rules and terms for the Hackathon.

• Timeline will be as documented on landing page, subject to revision at the discretion of HarperDB.
• All code must be placed in Github.
• Anything in Github must be incorporated into a Power Point or Google presentation.
• Each Entry must be original, of the Participant’s or Participant’s teams own creation and newly written during the Hackathon and must not have been entered in any other competition or program similar to the Hackathon, including other competitions conducted by HarperDB. “Newly written” means that Participants cannot in any way copy software code that already privately exists, and submit it as part of an Entry. Entries may be subject to a due diligence review at any time for eligibility and compliance with these Terms. Determination of eligibility and compliance is at the sole discretion of HarperDB. HarperDB reserve the right to disqualify any Entry if the Entry or a Participant or a Participant’s team does not comply with these Terms.
• Ownership of Entries: Participant represents and warrants that the Entry is and will be Participant’s own original work and does not and will not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights or trademarks. Participant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against the HarperDB, or any other person, on the grounds that any use of a Participant’s Entry, infringes any of Participant’s rights as creator of the Entry, including, without limitation, trademark rights, copyrights and moral rights or “droit moral.” Participant hereby assigns and transfers and agrees to assign and transfer to HarperDB all right, title, and interest in and to Participant’s Entry and consequently HarperDB will have all rights to copy, edit, publicly display, publicly perform, broadcast, publish and use, in whole or in part, any Entry, in any manner without further compensation during and after the Hackathon. At HarperDB’s request and expense, Participant will assist and cooperate with HarperDB in all respects to execute documents, and will take such further acts reasonably requested by HarperDB to enable HarperDB to acquire, transfer, maintain, perfect and enforce their intellectual property rights and other legal protections for the Entry. Participant hereby appoints the officers of HarperDB as Participant’s attorney-in-fact to execute documents on behalf of Participant for this limited purpose. Nothing herein shall constitute an employment, joint venture, or partnership relationship between Participant HarperDB. Participants will not receive any compensation from HarperDB in connection with any Entries. Each Participant acknowledges and agrees that HarperDB or other Participants or third parties may have developed or commissioned works which are similar to the Entry of Participant or Participant’s team, or may develop something similar in the future, and each Participant waives any claims that Participant may have resulting from any similarities to the Entry of Participant or Participant’s team.
• Teams may not interfere with the progress of other Teams.
• You may not: use, or incorporate into the hacks any inappropriate or unlawful content; take any action in violation of applicable laws or regulations; provide information or materials about another person without appropriate authority or permission; interfere with, remove or modify any terms and conditions, content or other materials posted on the Site; attempt to collect or solicit information about other Participants or third parties without their consent; or send unsolicited mail, advertisements, or other similar promotional material using the Site.
• You understand and agree that photos, videos and/or other recordings may be taken during the Hackathon.  You hereby grant HarperDB the perpetual, irrevocable, sub-licensable, transferable right to copy, use, display and publish the photos, any videotaped, photographed, and/or recorded materials in which you appear in any online, electronic and/or print format (including but not limited any social media sites or platforms) for any educational and/or promotional purposes of HarperDB and/or its Hackathon vendors, contractors, content partners and/or HarperDBs.
• All information provided to register for the Hackathon must be true and correct.  You are responsible for keeping such information up-to-date.
• If you register to be on a Team with other Participants, you understand that information about you may be provided to other Team Participants.  
• At any time, in the sole and absolute discretion of HarperDB, HarperDB shall be entitled to disqualify a Participant and/or Team in the event of a failure to meet relevant eligibility criteria or any other violation or suspected violation of these Terms and Conditions.
• HarperDB will determine participation eligibility, declare winners (including but not limited to in the event of a tie), and award prizes in its sole and absolute discretion. You agree that such decisions are final and are not subject to review or reconsideration.
• For any cash prizes awarded to a Team involving more than one Participant, each eligible Participant shall be awarded an equal share of such prize. Once distributed, such equal shares may be redistributed to Team Participants among themselves at the discretion of the Team. HarperDB shall not, in any way, be responsible or liable for such distributions or any actions or inactions relating to such distributions.  Except as stated above, Prizes awarded are non-transferable. Non-cash prizes, if any, are not exchangeable for cash.  Prizes are subject to any and all additional limitations or restrictions specified on the prize page at https://harperdb.io/harperdb-hackathon/ The ability to offer and provide, and for any Participant to receive, any prize(s) are subject to applicable laws and regulations and to availability (including but not limited to any/all individual or entity donors or prospective donors having provided the relevant prizes and/or prize funding to HarperDB as anticipated).  To the extent applicable and permitted under applicable laws and regulations, HarperDB may, in its discretion, arrange for certain prizes to be provided to winners directly by third party prize donors rather than by HarperDB.
• HarperDB reserves the right to verify the identity and eligibility of all Participants and Teams at any time.  Without limiting the general nature of the prior sentence, prior to (and as a condition of) awarding any prizes, HarperDB in its sole and absolute discretion may require additional paperwork to be executed by the relevant Participants following the end of the Hackathon.  Such paperwork is expected to include, among other things, an affidavit and release and will request any necessary information needed for tax reporting purposes. WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, AWARDS OF PRIZES TO WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO HARPERDB ALL DOCUMENTATION REQUESTED BY IT TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING.  ALL PRIZES WILL BE NET OF ANY TAXES REQUIRED BY LAW TO BE WITHHELD.  TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF WINNERS.  HarperDB reserves the right to declare any winners until after HarperDB has received and verified the signed paperwork from the prospective winners.  If the prospective winners do not complete, sign and return the required paperwork within seven (7) days of request (unless HarperDB in its discretion agrees to a longer time) or comply with such laws, HarperDB may, in its sole discretion, declare that your prizes have been forfeited and/or select an alternate potential winner.
• This Site and the Hackathon are based in the United States and intended only for the use of those who may legally access the Site and participate in the Hackathon under relevant U.S. laws and regulations (including but not limited to U.S. export control laws and regulations and/or sanctions administered by the Office of Foreign Assets Control). You agree to use this Site and participate in the Hackathon in compliance with any and all applicable laws and regulations. You may not use the Site or participate in the Hackathon for any unlawful purpose or engage in any conduct which restricts others from enjoying the Site or participating in the Hackathon. You must comply with any and all applicable rules and restrictions of physical site at which the Hackathon is held.  HarperDB reserves the right to expel any individual from the Hackathon if the individual is not authorized to participate in the Hackathon, is violating any rules or restrictions of the premises where the Hackathon is being held, is violating these Terms and Conditions, and/or is otherwise disruptive or engaging in activities detrimental to the conduct of the Hackathon, all as determined by HarperDB in its sole discretion.  
• Content on the Site and linked pages include materials of HarperDB and/or its content providers.  HarperDB and its relevant content providers reserve any and all of their respective rights in such materials.  You are authorized to access and use such materials solely with respect to registration for and/or participation in the Hackathon.  You may not use the Site or any materials on it for any unauthorized purpose.  All rights not specifically granted are reserved.
• The Site, the Hackathon, and these Terms and Conditions are governed by the laws of the State of Colorado. Any claims or disputes relating to the site, the Hackathon and/or these Terms and Conditions must be settled exclusively in the federal or state courts located in Denver, Colorado.
• To the maximum extent permitted under applicable law, HarperDB, its directors, officers, employees, agents, representatives, vendors, contractors, content partners and HarperDB (collectively, “Indemnitees”) shall not be liable for any damages, losses or claims resulting from any person’s participation (or attempted participation) in the Hackathon and/or this Site.  To the maximum extent permitted under applicable law, Indemnitees are not responsible for technical problems or technical malfunction or other occurrences which may affect the operation of the Site or the Hackathon, including but not limited to: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; failure of any e-mail or website transmissions to be sent to or received; inaccessibility of any third party service being used in connection with the Site or the Hackathon (including but not limited to any third party websites or Internet service providers); traffic congestions on the Internet or the Site; and/or inaccessibility or unavailability of an email account, app or other item used or desired to be used in connection with the Hackathon or this Site).  To the maximum extent permitted under applicable law, all Participants and any other individuals using this Site and/or attempting to participate in the Hackathon hereby release the Indemnitees from any and all claims, damages or liabilities arising from or relating to their participation or attempted participation in the Hackathon and/or this Site.
• This Site and the Hackathon are made available on an AS-IS, WHERE IS, and any and all express or implied warranties or duties are hereby disclaimed. HarperDB can discontinue the Site and/or the Hackathon, or suspend or postpone the Hackathon, at any time in its sole discretion. IN NO EVENT WILL THE INDEMNITEES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE HACKATHON, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
• The Hackathon is subject to federal, state, and local laws and regulations. The Hackathon is offered by HarperDB, which is not responsible for (i) late, lost, damaged, incomplete, or misdirected Entries, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of Entries; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
• This Site may include links to third-party sites which are not under the control of HarperDB. HarperDB is not responsible for the content or operation of such sites, which may have their own terms. The inclusion of a link to a third-party site does not imply endorsement by HarperDB.
• To the maximum extent permitted under applicable law, you agree to indemnify and hold harmless Indemnitees from and against any and all claims, suits, actions, losses, expenses, damages, penalties, and costs, including reasonable attorneys’ fees resulting from any actual or alleged violation of these Terms and Conditions by you, use of the Site by you and/or your participation in the Hackathon.
• If any portion of this these Terms and Conditions is determined by any court or governmental agency of competent jurisdiction to violate applicable law or otherwise not to conform to requirements of law, then the rest of these Terms and Conditions will remain in effect and the parties will substitute a suitable and equitable provision for the invalid/unenforceable provision in order to carry out the original intent and purpose of the original Terms and Conditions.
• You may not assign, delegate or transfer your registration for the Hackathon and/or any of your rights or obligations under these Terms and Conditions. Any attempted assignment, delegation or transfer shall be void.
• These Terms and Conditions (which, for clarification, includes the Privacy Statement and all other terms incorporated by reference into these Terms and Conditions), together with any Hackathon registration represent your entire agreement with HarperDB with respect to the Hackathon.  These terms cannot be modified or changed except with the written agreement of HarperDB.

Version Date: May 1st, 2020

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