Avalanche Hacks PARTICIPATION AGREEMENT
Thank you for enrolling to participate in“Avalanche Hacks | Summer 2022” (the“Event”).
The Event to be held starting on22-Aug-2022 and ending on 28-Sep-2022 is sponsored by AVL Services LLC, a Delaware limited liability company (“Sponsor”) and is held under the direction and administration of AngelHack Corporation, formed under the laws of Delaware with a principal place of business at 1 Market Street Spear Tower 36th Floor,San Francisco, California, 94105, United States of America (“EventAdministrator”).
By participating in the Event, you hereby fully and unconditionally agree to the terms and conditions set forth in thisParticipation Agreement (“Participation Agreement”), all official Rules andRequirements (“Rules”) and the Event Administrator’s decisions, which are final and binding in all matters related to the Event.
Winning a prize is contingent upon fulfilling all requirements set forth herein. If you are ineligible or otherwise fail to comply with this Participation Agreement and the Event’sRules, you may be disqualified at the sole discretion of AngelHack and the Sponsor.You are solely responsible for your own compliance with Eligibility criteria.
AgeRestrictions: The Event is open only to individuals who are at least eighteen (18) years old at the time of entry(“Entrant”).
Geographical Restrictions: The Event is open only to legal and eligible residents of countries
across the Globe.
Background Restrictions: Employees, officers and directors of: (i) the “Judges” (as identified on the Event Website); (ii) EventSponsors, (iii) Event Administrator; (iv) any advertising and promotion agencies, and those individuals and entities involved in the preparation of materials for, administration and/or execution of this Event (all collectively the “Promotion Entities”); and (v) the immediate family members (defined as parents, children, siblings and spouse, including step and foster relations)regardless of where they reside, and/or individuals living in the same household (whether or not related) of any of the persons or entities identified in (i)-(iv); and (vi) Government Owned Entities (defined below) and their employees and immediate family members, with the exception of employees engaged in teaching or research at accredited educational institutions that grant college/university (or equivalent) degrees (such excepted employees shall be“Permitted GOE’s”), are not eligible to participate in the Event.
A Permitted GOE who is otherwise eligible for this Event Program may participate in this Event Program and may be accorded public acknowledgement and recognition by Sponsor if confirmed as a winner, but will NOT be eligible to receive and will not be awarded a prize of monetary value. A “Government Owned Entity” (“GOE”) is defined as an organization/individual who meets any of the following criteria: Governmental bodies and employees - national, state, provincial, local, municipal government- and any department, agency, public enterprise or instrumentality of a government; State owned hospitals, schools, utilities; State owned enterprises(whether wholly or partly owned); Public international organizations; Private companies controlled fully or partly by or under common control with any of the above; or a political party or party official, or any candidate for political office. GOE also includes GOE customers who may consist of: public schools, utilities and organizations licensed to provide public services, public international organizations, such as the United Nations or World HealthOrganization; entities subject to public procurement laws and regulations; other entities, even those that are privately held and those that are publicly traded, if a government, a public international organization, an entity subject to public procurement laws and regulations; other entities, even those that are privately held and those that are publicly traded, if a government, a public international organization, an entity subject to public procurement laws or a government official, owns or has the ability to exercise control over such entity; and U.S. Federal entities or agencies, including: (i) executive, legislative and judicial branches of the U.S. Federal government; (ii) U.S.Government-affiliated corporations (e.g., Tennessee Valley Authority); (iii)quasi-governmental organizations (e.g., The Smithsonian Institution); and (iv)commercial business enterprises operating under a U.S. Federal government power of attorney, or with Management Operating Contractor (MOC) status.
Teams: Teams of up to one (1) to four (4)members are allowed. You and your teammates must agree to the ParticipationAgreement and meet the eligibility criteria contained in this ParticipationAgreement. You must also agree to the Sponsor’s participation terms and conditions, which is incorporated herein by reference. If you are or a teammate is ineligible or otherwise fails to comply with this Participation Agreement, you or your Submission may be disqualified in Sponsor’s or Event Administrator’s sole discretion. You are solely responsible for your own cooperation and compliance with this Participation Agreement and the applicable Rules andRequirements set forth on the Event Website.
Submission(s): Your submission or project and associated materials submitted in connection with the Event is referred to herein as you and your team’s “Submission”.
TheEvent Program submission period opens on Monday, August 22nd, 2022 and closes on Sunday, September 18th, 2022. Submissions may be entered at any time after the submission period begins and must be submitted before the submission period ends (this time period is referred to herein as the “Submission Period”).
Each team may enter only one (1) submission during the Submission Period. In the event of a dispute regarding any Submission, the authorized account holder of the email address used to register will be deemed to be the Entrant(“Entrant”). The "authorized account holder" is the natural person assigned an email address by anInternet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void.
Submissions are subject to review by theEvent Administrator. Instructions will be provided on how to check-in yourSubmission on the Event Website. The Event Administrator's computer is theofficial time-keeping device for the Event.
By uploading Your Submission,You agree that it conforms to the Submission Guidelines and ContentRestrictions as defined below (collectively, the “Guidelines and Restrictions”)and that either the Event Sponsor orEvent Administrator may disqualify You andYour Submission from the Event if it believes, in its sole discretion, that YourSubmission fails to conform to the Guidelines and Restrictions as listedbelow:
Your Submission must:
● Adhere to the terms of this Participation Agreement and the Rules and Requirements stated on the Event Website;
● Adhere to the Fresh Code Rule, whereby all code developed as part of the Event must be “fresh”, meaning that the portion that’s included in the main source code repository has been developed explicitly for this Event and that all existing dependent libraries are equally available to all participants. Before the start of this Event, You can create wireframes, designs and user flows. To keep things fair, all code used in aSubmission must be written during the Submission Period. You may use any coding languages or open-source libraries;
● Not breach the terms and conditions of any embedded software or services used by your Application;
● Not contain any Harmful Code. “Harmful Code” means any computer programming code constructed with the intent or likelihood of damage to or interference with other computer programs, data files or hardware, without the knowledge or consent of the computer user, and includes self-replicating and self-propagating program instructions such as viruses, worms, Trojans, backdoors, or the like;
● Not contain, depict or refer to any crude, vulgar, obscene, sexually explicit, disparaging, discriminatory, offensive, illegal or otherwise unsuitable language, activity or other content (determined in the discretion of Sponsor orEvent Administrator);
● Not contain text that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age (determined in the discretion of Sponsor or Event Administrator);
● Not contain, depict or refer to any content which disparages or refers negatively to Sponsor, Event Administrator, the Event Program, or any other person or entity affiliated with the promotion and administration of the Event (all as determined by Sponsor and/or Event Administrator in its sole discretion);
● Not contain any content that violates any law or regulations in any jurisdiction where Submission is created;
● Not contain any content that violates any third party’s rights (including privacy, personality or intellectual property rights, or that constitutes copyright infringement;
● Have permission from all parties mentioned in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, permissions in a form acceptable to Sponsor must be produced;
● Not feature brand names or trademarks other than the Sponsor’s mark, which Entrant has a limited license to use to incorporate into his/her Submission for this Event;
● Not have been previously entered into any other event, content or competition;
● Not have been previously published by any medium
Intellectual Property Full Ownership: Uploading aSubmission constitutes Your consent to give the Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, and the right to sublicense others to do any or all of the foregoing. If requested, You will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights to be granted to use theSubmission.
Judging: As set out on the Event Website, a panel of judges will evaluate Submissions after the Submission Period closes using the judging criteria that can be found on the Event Website. A current list of judges can be found at the Event Website. Judges are subject to change at theEvent Administrator’s sole discretion. A judge may elect to recuse him or herself from evaluating a Submission, or Event Administrator may require a judge to recuse him or herself from evaluating a Submission, if, in the judge’s or Event Administrator’s discretion, it would not be appropriate for the judge to evaluate a participant’s Submission because of a past or current relationship with the participant. Recusal decisions are final and not subject to appeal.
Decisions of the judges are final and binding and not subject to review or appeal.
Winner Announcement and Verification: Potential winners will be announced after judging ends, with the winner list to be posted on the Event Website after winner confirmation is complete. Sponsor or Event Administrator may take any actions necessary to verify a team’s compliance with this ParticipationAgreement, including Submission compliance with the Event Rules andRequirements, before awarding a Prize, including, without limitation, engaging a third-party vendor to evaluate the code and/or requiring a team to provide evidence of permission to use certain third-party materials. You understand and acknowledge that even though your team may be announced as a winner, if your team’s compliance with this Participation Agreement or your Submission’s compliance with the Event Rules and Requirements cannot be verified to the satisfaction of Sponsor, the judges or Event Administrator, then Sponsor, the judges, or Event Administrator will select an alternate winner with the next highest score based on the same judging criteria.
Potential winners will be notified byemail, mail or phone within fourteen (14) working days of winners judging. Except where prohibited, each potentialwinner will be required to provide required payment details and a valid W9 form(for prizes exceeding USD $600 in retail value) to AngelHack Corporation[2] (to be shared with the Sponsor) within ten (10) days of thedate notice or attempted notice is sent in order to claim his/her prize. If a potential winner cannot be contacted,fails to provide any requested information within the required time period (ifapplicable), does not comply with these Official Rules, or the prize isreturned as undeliverable, the potential winner forfeits the prize. If a potential winner is disqualified for anyreason, the prize may be awarded to a runner-up determined by the qualifiedjudges, at the Sponsor's sole discretion. Only one (1) alternate winner may bedetermined, after which the applicable prize will remain un-awarded.
Acceptance of any prize shall constitute and signify each winner’s agreement and consent that the Sponsor, EventAdministrator and their designees may use the winner’s name, city, state, likeness, Submission and/or prize information in connection with the Event for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
Each winner shall irrevocably grant, transfer, convey and assign to the Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. By entering, You agree that You are in compliance with all of Your employers’ rules, policies, and procedures that relate accepting prizes. Each winner will indemnify Sponsor and any licensee of Sponsor against all claims, damages, liabilities, and expenses(including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled 8 – 10 weeks after winners announcement post conclusion of the Event(closing ceremony).
Prizes: All prizes are stated in USDollars. The actual value of electronic prizes is subject to price fluctuationsin the consumer marketplace based on, among other things, any gap in timebetween the date the ARV is estimated for.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Prizes not manufactured or sold by theSponsor will be awarded without warranty of any kind, express or implied, without limitation. Prizes awarded will not in any way influence any decision in doing business with the Sponsor. Prize was not given in connection with or related to any sale or commercial transaction or promise related thereto. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
Videotaping and Still Photography: In return for Sponsor and EventAdministrator considering your Submission to the Event, and for other good and valuable consideration the receipt and sufficiency is hereby acknowledged, you hereby agree and grant the Sponsor and Event Administrator (and each of their respective assigns, successors, parent, affiliated and subsidiary companies and their respective licensees), the irrevocable and perpetual right and license to videotape, record and photograph You and Your appearance in connection with your participation in this Event, including any and all performances, statements, compositions, stories (factual or fictional), or actions made by you, whether written, spoken, or otherwise expressed by you, or information given by me (collectively, the “Event Footage”), as well as your name, likeness, voice, photograph, and/or performance (collectively, “your Likeness”)and/or any portion thereof, regardless of whether or not you are recognizable, for any purpose whatsoever, including, without limitation, the production, distribution, exhibition, publishing, or other exploitation of this Event, in whole or in part, including, but not limited to, in connection with a program, podcast, advertising, promotion, marketing, merchandising, and publicity for the Sponsor, Event Administrator and their Entities, in perpetuity, in any and all media, manners and formats.
The Event Footage or any part thereof(including, without limitation, your Likeness) can be edited, cut, added to, adapted, dubbed, modified and/or rearranged at the Sponsor, Event Administrator and their Entities’ sole and absolute discretion. Without limiting the foregoing, you acknowledge that the Sponsor, Event Administrator and theirEntities may juxtapose any part of the Event Footage with any other part of theEvent Footage and alter the sequence of events in the Event Footage. You hereby waive unconditionally and irrevocably the benefit of any provision of law known as "moral rights" or similar laws now or hereafter prevailing in any part of the world.
Release: By entering, You agree to release and hold harmless the Sponsor,Event Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents(collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Event or receipt or use or misuse of any prize. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Event, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Event, as determined by Sponsor in its sole discretion without notice in any manner and for any reason(including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in this Participation Agreement). In the event of cancellation, modification, or suspension, Sponsor may, in its sole discretion, reschedule the Event or determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Event or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Event may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Force Majeure: The failure of Sponsor or EventAdministrator to comply with any provision of this Participation Agreement due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control ofSponsor or Event Administrator (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of this Participation Agreement.
Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by printing, typographical, omission or other errors or by any of the equipment or programming associated with or utilized in the Event; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Event; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Event, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Event-related materials; (5)late, lost, undeliverable, damaged or stolen Submissions; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Your participation in the Event or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission. If by reason of a printing, typographical, technical, computer, network, human or other error, more prizes are claimed than the number set forth on the Event Website, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded. To the extent permitted by law, the Sponsor will not be liable for any losses or damage, whether direct or indirect (including, without limitation direct or indirect loss of profits), consequential, special, punitive or incidental, that may result from attendance at or use of the Event or this Participation Agreement, howsoever arising, even if the Sponsor was aware of the possibility of such loss or damage. In no event will the liability of the Sponsor to you for anything arising from or in connection with the Event or the Participation Agreement be greater than US$5.00.
Disputes: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Event or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by United StatesDistrict Court for the Western District of Texas and the Texas State DistrictCourt in Williamson County, Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Event, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
Disqualifications: You may be disqualified for any of the following actions, with or without warning, at the discretion ofEvent Administrator or Sponsor: (i) verbal abuse of another participant orEvent Program staff; (ii) breach of this Participant Agreement or any other agreement entered into in connection with the Event Program; or (iii) violating the spirit of the Event Program. If Event Administrator or Sponsor has reason to believe that you have compromised the integrity or the legitimate operation of this Event Program, or have attempted to compromise the integrity or the legitimate operation of this Event Program, including, without limitation, by cheating, hacking, creating a malicious bot or other automated program, or by committing fraud in any way, you may be required to discontinue your participation. If anySponsor or Event Administrator staff has reason to believe that your health is in danger, you may be required to discontinue your participation in the Event Program and be asked to seek immediate medical assistance.
All disqualification decisions are final and not subject to appeal.
Privacy Policy: By accepting this Participation Agreement,you are giving the Event Administrator your consent to collect, access, store,and use your personal identifiable information (“PII”) specified in thisPrivacy Policy section in accordance with this Participation Agreement and inaccordance with the Event Administrator privacy policies and the Sponsor’s privacy policies identifiedin the Privacy Policy Table below.
Event Administrator: AngelHack Corporation
https://angelhack.com/privacy-policy/
Sponsor: AVL Services LLC
https://www.avalabs.org/privacy-policy
You may withdraw consent at any time by emailing info@angelhack.com.
You represent and warrant that you will not provide the Event Administrator or Sponsor with any personally identifiable information that relates to or identifies an individual, other than the PII specified in this Privacy Policy Section of this Participation Agreement.