GENERAL CONDITIONS FOR PARTICIPANTS OF THE ODYSSEY HACKATHON 2019
GENERAL CONDITIONS FOR PARTICIPANTS OF THE ODYSSEY HACKATHON 2019
Dutch Blockchain Hackathon B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid), organised under the laws of the Netherlands, with its statutory seat in Groningen and its principal office at Achterweg 1, 9725 BM Groningen, The Netherlands and registered in the Dutch Chamber of Commerce under number 66693640 (‘DBH’), is the organiser of the Odyssey Hackathon 2019.
These general conditions for participants of the Odyssey Hackathon 2019 are applicable to all (legal) relationships DBH in connection with the Hackathon (the ‘Participants Conditions’). All participants of the Odyssey Hackathon 2019 (‘Participants’) are bound by the Participants Conditions. Participants are obliged to (digitally) agree with a copy of the Participants Conditions prior to the Hackathon.
The ‘Odyssey Hackathon Community General Terms and Conditions of Use’, which are to be consulted and saved through www.odyssey.org/terms (the ‘General Terms’) are applicable to the Participants Conditions as well. In case of a contradiction between the Participants Conditions and the General Terms, the provision in the Participants Conditions will prevail.
2. The Hackathon
DBH organises a full year programme – pre-hack meetups, a hackathon and post-hack activities – in The Netherlands with respect to blockchain & AI technology which will be called the Odyssey Hackathon 2019.
Prior to the hackathon from April 11 until April 15 2019 (the ‘Hackathon’) several Pre-hack meetups will take place where a partner or sponsor (including a party presenting and submitting a Track) of the Hackathon, other than a Participant (‘Partner’) will present themselves or their Track (the ‘Pre-hack meetups’). Participants and Partners will meet each other and discuss and share developments regarding blockchain & AI technology.
At the Pre-hack meet-ups or at the start of the Hackathon, (some) Partners will present a practical problem which they think could be (partly) solved by using blockchain & AI technology or a theme (the ‘Track’).
A Team of Participants will provide the Partner who introduced the Track with possible solutions for his practical problem by using blockchain & AI technology at the end of the Hackathon. Software will be provided by (some) Partners and can be used by the Teams. The solutions shall be judged by the Jury. The Jury will unilaterally decide which Team(s) provided the best solution.
A solution provided by a Team should be conceptually original, non-existent and new and should be able to be implemented according to common and regular measures. Existing solutions are only to be used by integration into a new solution. The solution needs to be functional, in order to be judged by the Jury.
The Hackathon will last 5 days. The Hackathon is a closed meeting. No other persons or organisations than the Participants and Partners may join or visit the Hackathon, unless DBH explicitly gives permission thereto.
The Participants and Partners shall endeavour to further develop the solutions after the Hackathon (the ‘Post-hack)’. During 3 months after the Hackathon, the winning Team(s) shall decide jointly and in consultation with the respective Partner who introduced the Track whether it is possible to actually apply the solution or whether it is possible to scale it up.
The winning Teams shall present their solution at showcase conferences during the Post-hack when DBH invites them to do.
3. The Teams
A team consists of at least 5 people with a maximum of 6 (a ‘Team’).
Participants of the Hackathon can only subscribe as a Team and is only open for individuals who are at least eighteen years old. Switching teams or participation in multiple teams is not allowed.
Teams must sign up before or on February 25th 2019.
Maximum (100) Teams can participate in the Hackathon. Subscription of a Team does not in itself represent a confirmation for participation. DBH will inform the selected teams by e-mail and/or the website. The selection criteria are at the sole discretion of DBH and not open to objection or appeal. DBH is entitled to publish the selection criteria at: www.odyssey.org.
A Team shall be appointed to a challenge by DBH. A Team can provide DBH with their preferred challenge.
DBH is allowed to exclude Participants from (further) participation when, according to – and to the sole discretion of – DBH, Participants do not act in accordance with the Participants Conditions and/or when Participants adversely affect the Hackathon or behave in an unseemly manner or display disturbing behaviour.
Each Participant must supply his/her own laptop to participate.
4. The Jury
The jury consists of employees of the Partners, complemented by experts in the field of blockchain & AI technology (the ‘Jury’).
DBH will take care of the secretariat of the Jury.
Team shall submit the solution at the date and time as published at www.odyssey.org. Submissions after that date and time will be disqualified.
The selection of the winning Team will be at the sole direction of the Jury.
The conclusion of the Jury is irrevocable and not open to objection or appeal.
5. Cash rewards
The cash rewards will be published at: www.odyssey.org.
6.1 Own application
The Participant declares to comply with all applicable laws and regulations.
Each Participant guarantees, by signing up, that he/she (together with the Team) is the creator of the solution and that the solution does not breach any intellectual property rights of third parties and indemnifies the Partners and DBH from any third party claims.
7. Use of datasets by Participants
Participant is given access to software (from Partners), including datasets and API’s (‘Application Programming Interfaces’ or ‘API’ means technology, which may include object code, software libraries, software tools, sample source code, published specifications and documentation) of the relevant Partners (the ‘Software’). The Partners grant Participants the non-assignable, non-sub licensable and non-exclusive right to use the Software, exclusively and only for the purpose and duration of the Hackathon. Partners may have individual general conditions for the use of the Software. Partners are allowed to impose those and other (additional) conditions for the use of the Software, which conditions will prevail over these Participants Conditions in case of contradiction.
The intellectual property rights of the Software (from Partners) belongs to the Partners at all times. Access to the Software shall not grant a Participant any intellectual property right regarding the Software.
The Software shall only be used by Participant(s) for the development of a solution during the Hackathon and shall not be shared with or provided to any third party. After the Hackathon, Participants are prohibited to use, copy, open, or share – in any way – the Software with third parties, unless this third party has signed a separate written agreement in which the Partner who is the owner of the Software that the Participants want to use, gives permission to the Participant to use the Software. Contents in cache or stand-alone copies of Software should be destroyed within two weeks after the Hackathon.
Each Participant is individually responsible for the safety and confidentiality of the Software it is using during the Hackathon.
Participant will inform, without any delay, the relevant Partner of any loss or unauthorized use of the Software including any breach of these Participants Conditions.
Software containing anonymous and/or traceable data to individual persons/organisations is not allowed to be combined with other Software in such a way that it may lead – directly or indirectly – to identification of one or more individual persons or organisations.
8. Intellectual property
The intellectual property rights based on the solution, developed by a Participant or its Team during the Hackathon, stays with the Team (all Participants in the team combined) and not with any Participant individually, except when a team is fully delegated by an employer, in which case the intellectual property rights will accrue to the employer, except when the employer and employee have made other arrangements.
Every challenge has a dedicated challenge page on odyssey.org. On this page, the open source character of the challenge is indicated at ‘open source or proprietary’. Teams must follow these guidelines when building their solution: depending on the indications at ‘open source or proprietary’ made on the challenge page of their challenge they must
- Publish the (source) code developed during the Hackathon under a suited licence and hosted on one of the various open source source repositories (GitHub for example).
- Share the ideas and business models, which are collected in a canvas, originating during the Hackathon to the general public (https://creativecommons.org/licenses/by-nc-sa/4.0/).
By submitting the solution at the end of the Hackathon, the Team (all Participants in the team combined) hereby grant DBH an everlasting, irrevocable (worldwide) right and royalty-free licence to: (i) use, review, asses, test and otherwise analyse the solution and all its content in connection with the Hackathon; and (ii) feature and use the solution and all its content for promotional purposes, in any way (including, but not limited to, in advertisements, press releases, presentations and trade shows) in all media.
The (individual) Partners and/or DBH remain the owners of the intellectual property rights of the Software and – if applicable – information contributed to the Hackathon by them regarding the content of the Track as well as the copyright protected work.
9. Personal data
Participants grant DBH permission to process and share personal data of the Participant received by DBH in relation with the Hackathon (‘Personal Data’) with the Partners. The Participant agrees with the transfer of Personal Data to the Partners and affiliated company of DBH, as well as publication of Personal Data on the website (www.odyssey.org/privacy-policy/), for the purpose of keeping the network operational. A contact list of Participants may be shared between Participants and/or Partners. The Personal Data (including) the presence list may be shared between participants and may be distributed to all organisations represented in the hackathon.
10. Image rights
Every Participant grants DBH free permission to disclose (copies of) images (including but not limited to photographs/pictures, presentations, live web streaming and or audio and video recording) with his/her portrait, including but not limited to marketing purposes, which are taken or commissioned by DBH during the Hackathon.
DBH is not liable for any loss, theft, damage to goods, sickness, injury or death of a Participant, Partner, visitor, nor for not functioning or damage to the Software nor the solutions, unless it appears that DBH is responsible through gross negligence wilful misconduct.
Should DBH for any reason whatsoever be liable after all, this liability will be limited to the maximum amount paid by the insurance company, or to a maximum of € 200,- if DBH appears to be not insured.
DBH is not responsible nor liable for improper use or abuse of the Software provided by the Partners and as mentioned on the website of DBH.
Elements and details of the Odyssey Hackathon, including the Pre-hack events, the Hackathon, Post-hack events and these Participants Conditions, are subject of modification, suspension, and/or cancellation without notice at DBH’s sole discretion.
In case one or more of the provisions contained in these Participants Conditions should be invalid, illegal or unenforceable, the enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any provision of these Participants Conditions which is invalid, illegal or unenforceable shall, to the extent permitted by law, be deemed substituted by a provision that is valid, legal or enforceable, and of which the operation and effect is as similar as possible to the provision that it substitutes.
These Participants Conditions, and clause 14.2 below, shall be governed by and construed in accordance with the laws of the Netherlands.
Regarding any dispute arising out of or in connection with these Participants Conditions, parties shall try to reach agreement through negotiation. In case parties do not reach an agreement on the dispute, the dispute shall be exclusively settled by the competent court of Noord-Nederland, location Groningen, the Netherlands, subject to appeal and appeal in second instance (cassatie).