NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. ENTRY IN THIS COMPETITION CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
The HACKATHONclt2016 (“Competition”) is a competition provided by Tresata Inc. and Harris Teeter Inc. (“Organizer”) to engage programmers in a creative code building competition. For the purposes of these Terms and Conditions, the “Data” means big data gathered from multiple sources.
1. BINDING AGREEMENT.
In order to enter the Competition, you must agree to these Terms and Conditions (“Terms”). Please read these Terms carefully to ensure you understand and agree. You agree that submission of an entry or otherwise participating in the Competition (a “Submission”) constitutes agreement to these Terms. You may not participate in the Competition or submit a Submission and are not eligible to receive any prize unless you agree to these Terms. These Terms form a binding legal agreement between you and the Organizer with respect to the Competition.
This Competition is open to all individuals who have agreed to these Terms, and are at least 18 years of age or older on the date of participation in the Competition. The Competition is void where prohibited by law. Organizer reserves the right to relax any of these restrictions if permitted by law before the start of the Competition. All communications between Organizer and competitors will be in English, including but not limited to the Competition website content and email communications. Current employees, contractors, and official office-holders of Organizer, and its subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Entities”), and members of the Entities’ immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the Entities’ households (whether related or not) are ineligible to participate in this Competition. Organizer reserves the right to verify eligibility and to adjudicate on any dispute at any time.
3. CONDITIONS OF PARTICIPATION.
Competitors must meet the eligibility requirements set forth above. By participating in the Competition, you agree to be bound by these Terms and to all decisions of Organizer, which are final, binding and conclusive in all matters. Competitors must not cheat; all ideas for Submissions must be original, solely the Competitor’s, and Competitors from different teams may not collaborate on a Submission. All decisions relating to the viability of Submissions, the ranking of Submissions and all other matters pertaining to the Competition are within the sole discretion of Organizer and shall be final and binding in all respects. As a condition of participating in the Competition and by submitting a Submission, you warrant to Organizer that your Submission:
• Does not include any unsuitable or offensive content, including nudity, sexually explicit, disparaging, libelous or other inappropriate content.
• Does not include any content that is in violation of or infringes third party intellectual property rights including, but not limited to copyrights, including music copyrights, trademarks, and rights of publicity.
• Has not been entered in previous contests, or won previous awards, and has not been published or distributed previously in any media.
• Is suitable for a general audience and does not contain any unsubstantiated, false and/or misleading claims. As a condition of participating in the Competition and by submitting a Submission, each Competitor grants Organizer the right to contact Competitor and use and publicize his/her Submission as described further below.
4. LICENSE TO SUBMISSIONS.
Each competitor will retain ownership of and all intellectual and industrial property rights to his or her Submission; provided that, as a condition of participation, Competitors agree that Organizer shall have a perpetual, irrevocable, world-wide, royalty-free, transferable, sublicenseable right to use, copy, distribute, modify and make publicly available the Submission in connection with the operation, conduct, administration, and advertising and promotion of the Competition. Competitors also agree that all submitted source code will be made available for anyone to view and download at the end of the Competition. Competitors further grant Organizer a worldwide, royalty-free right to use, copy, and modify all submitted source code to members of the public after the Competition ends. Competitors agree and acknowledge that the downloading and running of any source code from the Competition is undertaken at the sole risk of the downloading competitor and not Organizer or any other competitor. You agree to sign any necessary documentation that may be required by Organizer or its designees to make use of the rights you granted above. You also understand and acknowledge that Organizer and/or other Competitors may have developed or commissioned materials similar or identical to your Submission and you waive any claims you may have resulting from any similarities to your Submission. Nothing in these Terms shall be construed as granting you any right or license under any intellectual property right of Organizer or in Organizer products and services.
5. NOTIFICATION OF WINNERS; PRIZES.
Winners will be notified on day of the Finale onsite. Prizes (if any) for Onsite Competitors who attend and compete in the Onsite Final Round shall be determined by Organizer and announced prior to the start of the Onsite Final Round. Money prizes (if any) will be awarded in U.S. dollars. Any duties and taxes are the sole responsibility of the recipient. Any costs associated with currency exchange are the sole responsibility of the recipient. Prizes are awarded without warranty of any kind from Organizer, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All federal, state, provincial and local laws and regulations apply. Potential prize winner(s) may be required to sign and return an Affidavit or Declaration of Eligibility, and Liability/ Publicity Release within 30 days following the date of first attempted notification. When applicable, failure to comply within this time period may result in disqualification and selection of an alternate winner. In completing the Affidavit or Declaration of Eligibility and Liability/Publicity Release, a Competitor who wins a prize
(a) confirms his/her eligibility,
(b) represents and warrants that he/she has not cheated,
(c) verifies the accuracy of the demographic information submitted to Organizer,
(d) authorizes Organizer to publicize the results of the Competition,
(e) agrees to sign any applicable forms required by tax authorities,
(f) grants Organizer a license to all information submitted during the Competition, and
(g) releases Organizer from liability arising out of any prize won.
Providing false information in the registration process or otherwise to Organizer in connection with participation in the Competition or in the required forms described in this paragraph will result in a forfeiture of any prize. Acceptance of any prize constitutes permission for, and competitor’s consent to, Organizer and its agencies to contact competitor and use a competitor’s name and/or likeness and Submission for advertising and promotional purposes without compensation, unless prohibited by law. To the extent permitted by law, competitors agree to hold Organizer, its subsidiaries and affiliates and their respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Competition and/or use or acceptance of any prize won. Organizer will not be liable in the event a typographical or other error occurs in the administration of the Competition or the announcement of the winners.
ANY PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO ORGANIZER ALL DOCUMENTATION REQUESTED BY ORGANIZER TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES ORGANIZER IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a cash prize, potential winners must submit the tax documentation within 7 days of request by Organizer or otherwise required by applicable law, to Organizer or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winner is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Organizer may, in its sole discretion, select an alternative potential winner.
7. ELIMINATION; DISQUALIFICATION.
A competitor may be prohibited from participating in this Competition if, in Organizer’s sole discretion, it reasonably believes that the competitor has attempted to undermine the legitimate operation of the Competition by:
• Providing false information concerning his/her identity, postal address, email address or phone number;
• Breaching or otherwise refusing to comply with any of the provisions set forth in these Terms;
• Threatening, harassing or interfering with the ability of other competitors to effectively participate in the Competition;
• Threatening, harassing or interfering with Organizer administrators or other employees; or
• Communicating or publishing information concerning the solutions to the problems, with other competitors, either directly or indirectly, before the end of the Round.
Organizer further reserves the right to disqualify any Submission that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Terms. Claims or concerns about suspicious activity or cheating in any Round must be delivered to the Competition administrator within 48 hours after the end of that Round. If Organizer suspects cheating or violation of the rules from competitors, Organizer will in its sole discretion research all claims and take the appropriate action. All decisions of Organizer are in these matters are final and binding. Organizer reserves the right, in its sole discretion, to revoke any and all privileges associated with the Competition, and to take any other action it deems appropriate including but not limited to disqualification of a Submission or terminating or suspending a Competitor’s use of the Organizer Service or the Competition for no reason or any reason whatsoever, including improper use of its website(s) or failure to comply with these Terms or the Statement.
8. WARRANTY; INDEMNITY.
Competitors certify that their Submission is original and that they are the sole and exclusive owner and right holder of the Submission and that they have the right to enter the Competition. Each competitor certifies that all parts of his/her code, compilers and other binaries used in the processing of inputs into outputs are either original, or are licensed for use by both Organizer and all competitors in a way that does not:
(1) infringe any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; or
(2) make use of ideas, hints or solutions for the Competition presented, other than by Organizer, for the first time after the start of the Competition in any form, including without limitation from other individuals, competitors, websites, listservs or blogs; or
(3) otherwise violate applicable laws and regulations.
To the maximum extent permitted by law, each competitor indemnifies and agrees to keep indemnified Organizer at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the competitor and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each competitor agrees to defend, indemnify and hold harmless Organizer from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from
(a) any entry or other material uploaded or otherwise provided by the competitor that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy,
(b) any misrepresentation made by the competitor in connection with the Competition;
(c) any non- compliance by the competitor with these Terms;
(d) claims brought by persons or entities other than the parties to these Terms arising from or related to the competitor’s involvement with the Competition;
(e) acceptance, possession, misuse or use of any prize or participation in any Competition-related activity or participation in this Competition;
(f) any malfunction or other problem with the Competition Site;
(g) any error in the collection, processing, or retention of entry information; or
(h) any typographical or other error in the printing, offering or announcement of any prize or winners.
9. TRANSMISSION ERRORS; INTERNET.
Organizer is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Organizer is not responsible for theft or destruction or unauthorized access to or alterations of Submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Organizer is not responsible for inaccurate transmissions of or Organizer’s failure to receive Competitor’s output information on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason a portion of the Competition website is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, Organizer reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition. Organizer reserves the right to select winners from eligible Submissions received as of the termination date. Organizer further reserves the right to disqualify any individual who tampers with the Submission process. Note: Any attempt by a competitor to deliberately damage any website or undermine the legitimate operation of the Competition is a violation of criminal and civil laws and should such an attempt be made, Organizer reserves the right to seek damages from any such competitor to the fullest extent of the law.
Competitors agree that any personal data entered during registration for the Competition or otherwise provided to Organizer in the course of participation in the Competition, including name, mailing address, phone number, birth date and email address, may be used by Organizer to verify competitors’ eligibility and contact competitors and otherwise processed, stored, and otherwise used for the purposes and within the context of the Competition. This data will also be transferred into the United States. By entering, competitors agree to the transmission, processing, sharing and storage of this personal data in the United States. Competitors also understand this data may be used by Organizer in order to verify a competitor’s identity, postal address and telephone number in the event a competitor qualifies for a prize. Competitors have the right to access, review, rectify or cancel any personal data held by Organizer in connection with the Competition by messaging the Hackathon page (www.hackathonclt.org). If a competitor does not provide the data required by Organizer to register or otherwise participate in the Competition, that competitor’s entry will be ineligible. By accepting a prize, competitor agrees and consents to Organizer and its agencies use of competitor’s name and/or likeness to name the competitor for a reasonable time after completion of the Competition in promotional and advertising material of Organizer (or its agents) as a winner of the Competition without additional compensation, unless prohibited by law.
11. GENERAL; MISCELLANEOUS.
11.1 Changes; Termination. Organizer reserves the right to limit the participation of any person in the Competition, amend or interpret these Terms or official communications governing the Competition or cancel the Competition for any reason with prior notice. Notices for any such amendment, interpretation or cancellation will be deemed given by posting on the Competition website and by virtue of a Competitor’s continued participation in the Competition. A Competitor may terminate participation in the Competition upon written notice to Organizer.
11.2 No Relationship. Nothing in these Terms, nor any entry of a Submission or awarding of a prize shall be construed as an offer or contract of employment with Organizer. You acknowledge that you have submitted your entry voluntarily and not in confidence or in trust. No confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Organizer, and no such relationship is established by your participation in the Competition or entry of a Submission under these Terms.
11.3 No Judicial Procedures. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Competition are hereby excluded, and any competitor expressly waives any and all such rights. If such exclusion or waiver is not permitted by law, the competitor agrees to submit to the exclusive jurisdiction of the courts located within Charlotte, North Carolina to resolve any legal matter arising from the dispute or claims. Competitors agree that these Terms are governed by the laws of the State of North Carolina, USA. Competitors further agree that Organizer will not be liable for any errors, ambiguities or other inaccuracies caused by Organizer in the design, execution, judging or other aspects of the Competition.
11.4 Assignment; Invalidity. Organizer may assign, novate or subcontract any or all of its rights and obligations under these Terms at any time. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
11.5 Winners List. For the winners’ names, go to http://www.hackathonclt.org after the Competition closes.
11.6 Sponsor. The Sponsors of this competition are listed on http://www.hackathonclt.org