MoneyDance 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: MoneyDance Hackathon (the “Hackathon”)
Hackathon Website: moneydance.devpost.com (the “Hackathon Website”)
1. POSTER & ADMINISTRATOR
Poster (the “Poster”) and Administrator (the “Administrator”): Ava Labs, Inc. 1177 Avenue of the Americas, 5th Floor, New York, NY 10036
The Poster is the sponsor of the Hackathon and will be responsible for administration and operation of the Hackathon.
Devpost will be the official timekeeper for the Hackathon.
2. DATES AND TIMING
Hackathon Submission Period: September 28, 2020 (9:00am Eastern Time) – November 17, 2020 (11:45pm Eastern Time) (the “Hackathon Submission Period”)
Judging Period: November 20, 2020 (9:00am Eastern Time) – November 27, 2020 (11:45pm Eastern Time) (the “Judging Period”)
Public Voting Period: November 20, 2020 (12:00am ET, New York) – November 27, 2020 (11:45pm ET, New York) (the “Voting Period”)
Winners Announced: On or around November 30, 2020 (1:00pm Eastern Time)
A. The Hackathon IS open to:
- Individuals who are at least 18 years of age or older as of date of entry (“Eligible Individuals”).
- Teams of up to 5 Eligible Individuals (“Teams”)
- Organizations : If the team (of not more than five Eligible individuals) is from an organization, the organization, at the time of entry, has been duly organized or incorporated and validly exists, and employs 50 or fewer people (“Organizations”)
Eligible Individuals, Teams and Organizations are collectively referred to as “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 from the Team or Organization (the “Representative”) to represent, act, and enter a submission on their behalf (the “Submission”). Both the Representative and each team member must meet the eligibility requirements above. By entering a Submission on the Hackathon Website on behalf of a Team, or Organization, the Representative represents and warrants that they are authorized to act on behalf of their Team or Organization.
B. The Hackathon IS NOT open to:
- Individuals who are residents of, or Organizations domiciled in, Brazil, Quebec, or any 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, the Balkans, Belarus, Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, Libya, Myanmar, North Korea, Sudan, 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
- 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 making a Submission to the Hackathon, are acting on behalf or at the direction of an Organization involved with the design, production, paid promotion, execution or distribution of the Hackathon 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.
Additional Prize specific eligibility requirements are stated below in Section 7.
4. SUBMISSION REQUIREMENTS
Makers must complete the following steps in order to enter the Hackathon and be eligible for a prize:
- Register for the Hackathon on the Hackathon Website by clicking the “Register for this Hackathon” button and signing up to create a Devpost account or logging in with an existing Devpost account. There is no charge for creating a Devpost account. Registration will enable you to receive important updates and to access the “Enter a Submission” page.
- Create a free account at moneydance.avalabs.org to access the APIs.
- Build a functioning decentralized finance application using at least one of the following (requirements are dependent on prize):
- Avalanche (Exchange Chain, Contracts Chain, Platform Chain)
- MoneyDance partner technology: Polyient Games, Biconomy, Quantstamp
- Indicate which prize category (“Prize Category”) you wish to participate in (participation in multiple Prize Categories is permitted)
- Submit a link to your publicly accessible codebase to allow the Judges to demo your decentralized application and access deployment files and testing instructions. If your repository is private, access must be given to: firstname.lastname@example.org
- (Optional but encouraged) Create a video that includes footage that clearly explains your App’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 during the Submission Period and follow the requirements provided there.
ANY VIOLATION OF THESE TERMS AND CONDITIONS BY MAKERS WILL RESULT IN MAKER’S DISQUALIFICATION (AT SPONSOR’S SOLE DISCRETION) AS AN ELIGIBLE PARTICIPANT IN THE HACKATHON, AND ALL PRIVILEGES AS ELIGIBLE PARTICIPANT WILL BE IMMEDIATELY TERMINATED.
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: Build or enhance a functioning decentralized App or platform that features elements of decentralized finance (“DeFi”) using at least one of the following technologies:
- Avalanche (Platform: X-Chain, P-Chain, C-Chain)
- Tech partner technology: Polyient Games, Biconomy, Quantstamp
- Avalanche Platform and technology from one (or more) of the tech partners: Polyient Games, Biconomy, Quantstamp
(each an “Application”).
- To be eligible for Avalanche prizes, Makers must integrate the Avalanche platform into their app. To be eligible for a Partner prize, Makers must use a Partner technology. See Section 7 for further details on Prizes.
- The Poster has the right to award a prize to a Maker who has submitted an eligible Submission if the Maker’s Submission has fulfilled all the requirements and criteria described in these Official Rules, regardless of the Maker’s Prize Category selection. See Section 7.
At any time, and at its sole discretion, the Poster will have the ability to reassign an eligible Submission from one Prize Category to another, or to disqualify a Submission for failing to meet the requirements of the selected Prize Category.
(ii) 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. The Application must be submitted for relevant testing prior to the end of the Submission Period.
(iii) Platforms: A submitted Application must run on at least one of the following:
- a smartphone or tablet (iOS or Android)
- 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)
(iv) New & Existing: Apps may be either newly created or updated by the Maker after the start of the Submission Period. Makers entering Apps that existed prior to the start of the Submission Period will be required to explain in their Submission how their App has been updated during the Submission Period.
(v) 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 winners have been announced.
Makers must provide a way to access for judging and testing, including a link to the Codebase, and any other deployment files and instructions needed. This can be on a code repository service, an attached file, or a shared folder. If the repository is private, share access with email@example.com.
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.
(vi) 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.
(vii) SDKs, APIs, & Data: Applications may integrate SDKs, APIs and data, provided the Maker is authorized to use them.
a. Makers are encouraged to integrate technology from one of Avalanche’s partners in their Submission: Polyient Games, Quantstamp, and Biconomy (“Avalanche Partner Technology”). For details on how to integrate Avalanche Partner Technology, visit https://moneydance.devpost.com/details/resources
(vii) 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 Organization with no other person or entity having any right or interest in it; (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; and (d) comply with the Developer Agreement and all terms, rules, and policies that Poster or its affiliates make available regarding Submissions. 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.
(ix) Financial or Preferential Support: The App must not have been developed, or derived from another application that was 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 a contract, or received a commercial license, from the Poster or Administrator any time prior to the end of the Submission Period. This includes applications that have been funded or co-developed by Avalanche, including Applications that earn money through licensing. The Administrator, at their sole discretion, may disqualify a Submission if awarding a prize to the Maker would create a real or apparent conflict of interest.
x. Applications Provided Free of Charge: Apps must be provided free of charge to the Sponsor, Administrator, and Judges until the winners of the Hackathon have been announced.
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) Optional Video: The required video portion of the Submission:
a. Should be less than three (3) minutes;
b. Must include footage that clearly explains the Application’s features, functionality, and how the Avalanche platform and/or any partner technologies were integrated through a comprehensive demonstration of the software;
c. Must be uploaded to YouTube, Vimeo, Facebook Video, or Youku, must be made public. A link to the video must be provided on the submission form on the Hackathon Website;
d. Must not include third party trademarks, or copyrighted music or other material unless the Maker has permission to use such material; and
e. Must not infringe on any third party’s intellectual property, including featuring names and images of people without their permission.
D. Submission Modifications
i. Draft Submissions: Prior to the end of the Submission Period, you may save draft versions of your Submission on Devpost to your portfolio before submitting the Submission materials to the Hackathon for evaluation. Once the Submission Period has ended, you may not make any changes or alterations to your Submission, but you may continue to update the project in your Devpost portfolio.
ii. Modifications after the Submission Period. The Poster may permit you to modify part of your Submission after the Submission Period for the purpose of acquiring additional consent forms or 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 Poster permits.
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. Poster 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’ (Biconomy, Quantstamp, Polyient Games) websites and applications, including the Hackathon Website, and display and promotion of the Submission in any other media, worldwide.
C. Submission Display:The following Submission components may be displayed to the public: name, description, images, video URL, website URL, team members, the Prize Category and platform, and submitter type. Other Submission materials may be viewed by the Poster, Administrator, and Judges for screening and evaluation.
D. Makers represent and warrant that the Poster, Administrator, and Hackathon partners (Polyient Games, Biconomy, Quantstamp) 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. Stages & Criteria: The Judges will score eligible Submissions using the following criteria (the “Judging Criteria”):
Stage One: At the first stage, Judges will i determine whether the Submissions meet the eligibility requirements of the Hackathon and the selected Prize Category.
Stage Two: All Submissions that pass Stage One will be evaluated by the Poster in Stage Two based on the following weighted criteria (the “Judging Criteria”):
- Uniqueness of Idea (25%)
- Includes how innovative the idea is and the excitement that the idea inspires in prospective users
- Potential Impact of Idea (25%)
- Includes how much value the idea can add to prospective users
- Quality of Idea and Execution (20%)
- Includes the quality of the overall idea and how well the idea was brought from idea to execution
- Implementation of Idea (15%)
- Includes how well the overall idea was executed by the developer or team
- Development and Design Execution (15%)
- Includes a well-designed architecture of the project, quality code, and thorough documentation
The Maker(s) whose Submissions meet the requirements for their selected Prize Category, 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 APP AND MAY CHOOSE TO JUDGE BASED SOLELY ON THE TEXT DESCRIPTION, IMAGES AND VIDEO PROVIDED IN THE SUBMISSION.
D. Tie Breaker: For each Prize Category listed in Section 7 below, if two or more Submissions are tied, the tied Submission with the highest score in the first two Judging Criteria 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 Judging Criteria, the panel of Judges will vote on the tied Submissions.
Applicable Judging Criteria
Hackathon Finalist -Avalanche (3)
• $5,000 in USDC
• Opportunity to pitch to VCs and investors at MoneyDance Demo Day
• Mentorship from the Ava Labs team
• Review of your project by industry experts
• Featured on Avalanche’s blog and social media
All eligible Submissions in the Avalanche category integration
a, b, c, d, e
Hackathon Finalist - Avalanche x Polyient Games
• $2,500 in DAI
• $2,500 in USDC
• Opportunity to pitch to VCs and investors at MoneyDance Demo Day
• Mentorship from the Ava Labs team
• Review of your project by industry experts
• Featured on Avalanche’s blog and social media
All eligible Submissions in the Avalanche x Polyient Games category integration
a, b, c, d, e
Honorable Mention - Avalanche x Biconomy (2)
• $1,500 in DAI
All eligible Submissions in the Avalanche x Biconomy category integration
a, b, c, d, e
Honorable Mention - Avalanche x Quanstamp
• $1,000 in DAI
• $1,000 in USDC
All eligible Submissions with the best quality tests for Avalanche
a, b, c, d, e
* Additional Sponsors and Sponsor Prizes may be added at any time during the competition.
** With the additional Sponsor Prizes, the requirements to be eligible for those sponsor prizes will be included herein.
IMPORTANT NOTES ON PRIZE ELIGIBILITY:
- Each Submission is eligible for multiple prizes subject to the following rule: each Submission may win either the DeFi Champion Prize, Runner-up Prize, OR Finalist Prize, and/or (one or more of) the Partner Integration Prizes.
- If a Submission integrates multiple technology partner integrations, the Poster may, in its sole discretion, award the relevant prizes based on the results of the judging phases.
8. VERIFICATION 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. No Submission or submitter shall be deemed a winning submission or winner until they have completed affidavits confirming their eligibility and the Poster has verified those affidavits, even if prospective winners have been announced verbally or on the Hackathon website. 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. 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, 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 by email to the potential winners.
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) email messages to the potential winner or potential winner’s Representative are undeliverable or bounce back; 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 sole discretion of the Poster.
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 Category.
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.
Prizes are payable via any means of the Poster’s choosing, whether electronic or not, and are payable only after receipt of the Required Forms. Prizes are all denominated in U.S. dollars. Where digital currencies are involved, the prizes will be calculated on the date the winners are announced using the exchange rates from the following website: https://binance.com
A winning Maker may be required to provide a mailing address, wallet address, bank information, and/or create an account with an electronic payment provider of the Poster’s choosing in order to receive payment.
NOTE: Digital currencies are subject to a high degree of risk, volatility and illiquidity. Participants should make their own investigations and evaluations of digital currencies that will be delivered pursuant to these Official Rules. By participating in the Hackathon, participants acknowledge and agree that it is their sole responsibility to inform themselves as to the legal requirements applicable to them in respect of the acquisition, holding and disposition of the digital currencies upon delivery, and as to the income and other tax consequences to them of such acquisition, holding and disposition.
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.
Administrator is in no way responsible for prize fulfillment and neither the Poster nor Administrator is in any way responsible for any change in the underlying value or existence of digital currencies for any reason, including government or legal mandate.
C. Prize Delivery Timeframe: Prizes will be delievered within 45 days of the Poster’s receipt of the Required Forms. Prizes for any potential winner under the age of the majority in their country of residence will be fulfilled to the potential winner’s parent or legal guardian.
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, Judge, 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:
1. 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;
2. Technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, loss of private keys, network congestion, or network hardware or software or failure of the Hackathon Website;
3. Unauthorized human intervention in any part of the entry process or the Hackathon;
4. Technical or human error which may occur in the administration of the Hackathon or the processing of Submissions; or
5. 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.
Except where prohibited or restricted by law, and only with the winner’s express written consent, winner’s acceptance of the prize constitutes the winner’s agreement for the Sponsor, Administrator and any of its designees to use and/or publish winner’s full name, city, and state of residence, photographs or other likenesses, pictures, portraits, video, voice, opinions, testimonials, and biographical information (in whole or in part) for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of the Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
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 Submission Period, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they may 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 team 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.
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 Maker hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Maker’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 https://info.devpost.com/hackathon_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 comments, or wish to send us any notice regarding this Hackathon, please email us at Support@Devpost.com.