HACKATHON FOR SCIENCE EDUCATION PARTICIPATION AGREEMENT
Pueblo Science is the host (“Organizer”) of the 2020 Hackathon for Science Education (“Hackathon”). The Hackathon occurs on the Internet via certain channels that are specified from time-to-time by the Organizer (“Channels”) from September 19 to September 27, 2020 (“Hackathon Period”).
By participating in the Hackathon and signing this Participation Agreement (“Agreement”), you (“Participant”) agree that you understand and abide by all the terms in this Agreement, which is a legally-binding agreement between Participant and the Organizer. Failure to meet the terms below may result in Participant’s expulsion from the Hackathon.
As a Participant, you need to be 18 years of age or older and a current student, postdoctoral fellow, or recent graduate (that is, having convocated no earlier than March 27, 2019) at a Canadian postsecondary institution. You may be subject to verification in the sole and absolute discretion of the Organizers. The Organizer reserve the right, in their sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Organizer including, without limitation, government issued photo identification) to participate in this Hackathon. Failure to provide such proof to the satisfaction of the Organizer in a timely manner may result in disqualification.
You must work on a team of three (3) to five (5) people, with each participant meeting the requirements of a participant and being registered to participate in the event. For greater certainty, individual participants may not work on multiple teams.
This Hackathon occurs on the Internet and has no in-person venue; there is no requirement for you to attend any portion of it in-person. To participate in the Hackathon, you may be required to access the websites of, or download and install applications from, various Channels, including but not limited to:
- Pueblo Science (https://puebloscience.org/)
- Zoom (https://zoom.us/)
- Discord (https://discord.com/)
- Twitch (https://www.twitch.tv/)
- YouTube (https://www.youtube.com/)
- Devpost (https://devpost.com/)
- Google Drive (https://drive.google.com/)
These Channels may be updated from time-to-time by the Organizer.
3. Intellectual Property
The Organizer does not claim ownership of the set of hardware, software, completed and partially-completed prototypes, designs, graphics, written content, photographs, videos, music, presentations, and other such workpieces produced by you and your team during the Hackathon for the purposes of the Hackathon (collectively, “Your Submissions”). However, you grant (and confirm and promise to us that you have the right to grant) to the Organizer and their affiliates, representatives, sublicensees and assigns an unrestricted perpetual, irrevocable, worldwide, non-exclusive, licensable and sublicensable, and royalty-free licence (sublicensable through multiple tiers) to use, distribute, sell, gift, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works, and publicly display Your Submissions (in whole or in part) in any format or medium now known or later developed without any compensation, notice, or acknowledgement from the Organizer. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attributions with respect to Your Submissions. You acknowledge that the Organizer is not obligated to use Your Submissions for any purpose.
As Participants, you and your team are wholly responsible for determining ownership of Your Submissions and any intellectual property rights developed during the Hackathon. You agree that Organizer has no responsibilities for any potential disputes regarding intellectual property.
You acknowledge that Your Submissions must never have been previously published, exhibited publicly, used as part of course requirements, or submitted in any hackathon, exhibition, or similar competition, contest, or event. All proprietary code used in Your Submissions must be developed during the Hackathon Period (although Participants may use existing libraries, designs, wireframes, or mock-ups to which you have the rights to use). You represent and warrant that Your Submissions and your authorized use of Your Submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights or any other legal or moral rights).
5. Required Submissions and Time Due
You and your team are required to submit the following pieces of work at or before the time due indicated below to be eligible to considered for evaluation.
- First Project Proposal, in the form of a video presentation, at the time specified for you and your team by the Organizers (or by 11:00 pm EDT, whichever is earlier) on Saturday, September 19. The First Project Proposal, which shall be made live via a Channel specified by the Organizer, shall be no longer than five (5) minutes in length, and shall be followed by a live question-and-answer session of no longer than five (5) minutes in length. Upon the completion of the question-and-answer session, the Organizer may waive the requirement to submit the Second Project Proposal.
- Second Project Proposal, in the form of a video presentation, at the time specified for you and your team by the Organizers (or by 3:00 pm EDT, whichever is earlier) on Sunday, September 20. The Second Project Proposal, via a Channel specified by the Organizer, shall be no longer than five (5) minutes in length, and shall be followed by a live question-and-answer session of no longer than five (5) minutes in length. Upon the completion of the question-and-answer session, the Organizer may, at their sole and absolute discretion, disqualify Participants from completing the Hackathon.
- Project Video, in the form of a video presentation submitted via a Channel specified by the Organizer on or before 10:00 am EDT on Sunday, September 27. The Project Video, which must be pre-recorded, shall be no longer than two (2) minutes in length.
- Experiment Manual, in the form of a written submitted via a Channel specified by the Organizer on or before 10:00 am EDT on Sunday, September 27.
- Project Demonstration, in the form of a live video presentation, at the time specified for you and your team by the Organizers (or by 5:00 pm EDT, whichever is earlier) on Sunday, September 27. The Project Demonstration, which can be made live to the Organizer, shall be no longer than five (5) minutes in length, and shall be followed by a live question-and-answer session of no longer than five (5) minutes in length.
6. Evaluation, Prizes and Compensation
Your Submissions will be evaluated by judges appointed by the Organizer, guided by a set of judging criteria. The judging criteria are provided only as a guideline for the judges; the Organizer has no obligation to grant prizes, awards, credit, or any compensation to any Participants based on the score achieved using the judging criteria.
Any prizes, awards, credit, or any compensation related to the Hackathon may or may not be assigned by the Organizer at their sole and absolute discretion.
7. Disqualification and Expulsion
You acknowledge that you, and/or all Participants associated with your team, may be disqualified and expelled from the Hackathon for any of the following actions, with or without warning, at the Organizer’ sole discretion: verbal or written abuse of and/or inappropriate contact or harming of another Participant, the Organizer, or any other persons associated with the Hackathon, or any other persons at the Hackathon; violation of or non-compliance with any section of this Agreement; violating the spirit or any legitimate operation of the Hackathon; and/or any combination of the above.
All decisions regarding disqualification and expulsion are final.
8. Recording Notice
You agree that as a Participant, you and Your Submissions may be photographed, videographed, or otherwise recorded by the Organizer. By signing this Agreement you grant the Organizer the right to photograph, videograph, and otherwise record Your Submissions and your image and voice. Further you assign the Organizer the unrestricted, perpetual, irrevocable, worldwide, non-exclusive, licensable and sublicensable, and compensation-free right to use the photographs, videos, and recordings in any manner or medium.
You acknowledge that as this Hackathon is held on the Internet, that you and Your Submissions may be photographed, videographed, or otherwise recorded with or without your knowledge or authorization by other Participants or individuals who have access to the various Channels. You hereby waive any right to bring any action in law or equity for such actions against the Organizer and their staff, consultants, advisors, and volunteers and their respective officers, directors, owners, agents, representatives, licensees, and assigns.
You agree that any recording or conversation of Your Submission may be considered a public disclosure under relevant patent laws.
9. Disclaimer, Limitation of Liability, and Indemnity
The Organizer will not be liable for: any failure, technical malfunction, or other problems relating to the Channels, telephone network or lines, computer online systems, websites, services, servers, access providers, computer equipment, or software associated with the Hackathon; the failure of any of Your Submissions 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; any injury or damage to a Participant's or any other person's computer or other personal belongings related to or resulting from participating in or downloading any material related to the Hackathon; 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; any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action; and/or any combination of the above.
You agree to release, indemnify, defend and hold the Organizer and their staff, consultants, advisors, and volunteers and their respective officers, directors, owners, and agents harmless from and against any and all claims, liability, losses, costs and expenses (including costs and legal fees) incurred in connection with the Hackathon (including related to Your Submissions) to the maximum extent permitted by law. The Organizer shall have no liability to a Participant and/or team of Participants for any loss or damage whatsoever, whether direct, indirect, special or consequential, which arises in contract, tort, by statute or otherwise.
The novel coronavirus, COVID-19, has been declared a global pandemic by the World Health Organization. Because COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact, the Organizer has put in place preventative measures to reduce the risks of exposure to COVID-19 by holding this Hackathon online and not including any requirement to attend any events or activities in person. The Organizer cannot guarantee that Participants will not become infected with COVID-19 before, during, or after the Hackathon Period.
You acknowledge the contagious nature of COVID-19 and assume the risk that you may be exposed to or infected by COVID-19 before, during, or after the Hackathon Period and that such exposure or infection may result in illness, injury, permanent disability, and death. You agree to assume all of the foregoing risks and accept sole responsibility for any COVID-19-related damage, expense of any kind, illness, injury, permanent disability, and death that you may experience or incur before, during, or after the Hackathon Period. You understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Organizers, whether a COVID-19 infection occurs before, during, or after participation in the Hackathon.
10. Entire Agreement and Survival
This Agreement constitutes the entire agreement between you, the Participant, and the Organizer with respect to the Hackathon, and supersedes all previous written or oral agreements between the Parties with respect to the Hackathon. All provisions hereof shall survive any termination of this Agreement.
You may not represent or imply to others that Your Submissions are in any way provided, sponsored or endorsed by the Organizer.
11. General Conditions
The Organizer, at their sole discretion, may modify or update this Agreement from time to time. The Participant’s continued engagement with the Hackathon after any such change constitutes the Participant’s acceptance of the new terms and conditions.
This Agreement shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. Should any unresolved dispute arise between the Participant and the Organizer, the parties agree to resolve the dispute by arbitration at the cost of the Participant. An arbitrator will be appointed by the ADR Institute of Ontario. The parties agree to be bound by the arbitrator’s decision.