In these Terms, the words “we”, “our” and “us” refers to [Upskill].
Access to Website
The accessibility and operation of this Website relies on technologies outside our control. We do not guarantee continuous accessibility or uninterrupted operation of this Website. We reserve all rights to deny or restrict access to this Website to any particular person, or to block access from a particular Internet address to this Website, at any time, without providing any reasons whatsoever.
Relying on Information
We provide this Website as a general information source only and we are not involved in giving professional advice on this Website. As this Website may not cover all information available on a particular issue, you rely on information on this Website at your own risk, and you should do your own checks or obtain professional advice relevant to your particular circumstances.
We will use available technology, where appropriate, to protect the security of communications made through this Website. Notwithstanding the above, please note that we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through this Website. You carry out any transactions or communications at your own risk.
Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that this Website is free of infection by computer viruses or other unauthorized software. You should take appropriate steps to keep your information, software and equipment secure. This includes clearing your Internet browser cookies and cache before and after using any services on this Website. You should keep your passwords confidential. Please note that we will never ask you for your login password.
Any material located on this Website, including source code, pages, documents and online graphics, audio and video in this Website are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in the materials are owned by, licensed to or controlled by us. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted in law, no part of this Website may be reproduced or reused for any commercial purposes whatsoever without our prior written permission.
General Disclaimers & Liability
While every care is taken by us in providing the content and services on this Website or any other website we provide as part of a Hackathon, we disclaim liability to the extent permitted by law, and no warranty is given that access to this Website will be provided uninterrupted or free from error or that any identified defect will be corrected and we disclaims all liability for any direct, incidental or consequential damage or loss, that may result from such interruptions or errors or defects, including but not limited to:
- any loss of, or any delay or any inability to retrieve, any data or information however caused as a result of any interruption, suspension or termination of service;
- any inaccuracy in the information presented, used or transmitted through this Website;
- any loss that you may incur on account of using, visiting or relying on any statements, opinion, representation or information in this Website;
- any loss resulting from any delay in operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software; or
- any loss resulting from the conduct or the views of any person who accesses or uses this Website.
There are currently no fees charged by us for using any part of this Website. We are not responsible for any fees charged by any other Internet site not provided by us.
Hackathon Terms & Conditions
By participating in any hackathon listed on this Website (“Hackathon”), any participating person or team (“Participant”) shall be deemed to have accepted and agreed to be bound by all the terms and conditions set out herein (“Hackathon Terms and Conditions”) and any additional terms and conditions specified in each Hackathon event or site. In the event any terms and conditions are specified in a Hackathon event or site for a particular Hackathon, the terms and conditions specified in the particular Hackathon event or site will apply to that particular Hackathon instead of these Terms and Conditions.
All Hackathons listed on this Website shall be organized by us (“Upskill”). Each Hackathon has a specific entry submission start date and end date. Upskill reserves the right to extend the deadline of the Hackathon or to close the Hackathon prematurely without prior notice if required.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY HACKATHON, THIS WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE HACKATHON MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHALL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE HACKATHON. SHOULD SUCH AN ATTEMPT BE MADE, ORGANIZER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Unless otherwise specified on this Website, Hackathon contestants must be 18 years of age or older and legal residents of the United States, Canada, Australia, Austria, Belgium, Brazil, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, India, Indonesia, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Netherlands, Norway, Poland, Portugal, Romania, Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Ukraine, United Kingdom, Greenland, and New Zealand. Employees, officers and directors of Upskill, any prize supplier, and their respective parent companies, subsidiaries and affiliates and their advertising, promotion, and fulfillment agencies are not eligible to enter or win. Immediate family members and household members of such individuals are also not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean those people who share the same residence at least three months a year. Subject to all applicable laws. Void outside the U.S. and where prohibited.
All decisions on processes, shortlisting and final winners depends solely on Upskill’s discretion. Prizes are non-transferable, non-negotiable and non-exchangeable. A Participant may be required to show proof of identity upon request of Upskill or when they collect their prize. In the event that the prize is not collected by the successful Participant within the period specified in the notification, Upskill reserves the right, at their sole discretion, to give the prize to another Participant. Upskill reserves the right to change/remove any prizes without any notice. All taxes and any other expenses not stated herein, including for the value of prizes, meals, gratuities, transportation and other incidentals, are sole responsibility of winners.
Registration; Entry Submissions
All Participants are required to fill in their personal particulars accurately during the online registration. Submissions with incomplete, invalid or inaccurate details may be disqualified.
All submissions shall be submitted using the Hackathon’s submission form. Upskill is not responsible for any submissions which are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including any electronic, computer or communication malfunction or error, or the inability to access this Website or any website associated with the Hackathon.
Submissions with content deemed as irrelevant or offensive by Upskill will be removed at Upskill’s discretion. Upskill reserves the right to disqualify and remove submitted Hackathon entries which (a) are considered to be spam; (b) are against the public interest, public order or national harmony; or (c) offend against good taste or decency; or (d) are, in Upskill’s view, of inappropriate nature to be published on this Website. Upskill also reserves the right to disqualify any Participant and remove their entry submission if it is found that the Participant has tampered with or corrupted the entry submission or winner selection process.
The decision of Upskill on all matters relating to the Hackathon, including the eligibility of a Participant and the selection of the winners, is final.
Upskill reserves the right to amend these Hackathon Terms and Conditions at any time at its absolute discretion without any further notice, including but not limited to the eligibility terms and criteria, the selection of winners, the timing of any act to be done and all Participants to any Hackathon shall be bound by these amendments when posted on this Website. A person who is not a party to these Hackathon Terms and Conditions shall have no lawful right to enforce any of these Hackathon Terms and Conditions. In the event of any inconsistency between these Hackathon Terms and Conditions and any brochures, marketing or promotional materials relating to the Hackathon, these Hackathon Terms and Conditions, and all its subsequent amendments, shall prevail. These Hackathon Terms and Conditions and all its subsequent amendments shall be subject to, and governed by and construed in accordance with, the laws of the Commonwealth of Virginia in the United States of America, and all Participants hereby agree to submit to the exclusive jurisdiction of the Virginia courts in the determination of any dispute arising in connection with the Hackathon.
Intellectual Property and Other Rights, Titles, and Interest Issues
Each Participant consents to the public disclosure of their name, photograph, and other details as submitted in the Hackathon entry form, as the case may be, for publicity purposes, and each Participant consents to participating in the publicity activities of Upskill in relation to the Hackathon, and to the use of their name, photograph and other details and the Hackathon entry submission or any data provided by such Participant for any future publicity effort or information dissemination by Upskill, without any payment or compensation thereof.
The Participant represents and warrants that he/she is the sole author and owner, and where the Participant is a team, each member of the team represents and warrants they are jointly the author and owner, of all rights, title and interest subsisting in their submitted Hackathon content entries (including intellectual property rights). The Participant warrants that their Hackathon entry submission is the original work and idea of the Participant and does not include the intellectual property rights of another person or entity.
The Participant agrees to grant Upskill the right throughout the world to reproduce, publish, publicly perform, communicate to the public or make an adaptation of the Hackathon entry submission on any and all media, without notice, restriction or payment or consideration, or approval from the Participant. For the avoidance of doubt, the granted rights include the reproduction of the Hackathon entry submission for the following purposes:
- Operating or administering the Hackathon or promoting subsequent Hackathons;
- For administration of the Hackathon or publicity purposes on this Website and other website and any other publicity medium; and
- Issuing a media release or making media pitches.
All Participants agree to grant to Upskill without any charge an irrevocable, perpetual, non-exclusive license to reproduce, modify or use all the intellectual property rights subsisting in their Hackathon content entry including all information in whatever form which they have submitted for the Hackathon. As an inducement to Organizer to accept a Participant’s entry submission, Participant hereby waives any claim or right in connection with Organizer’s use of any materials (or any portions thereof) of the entry submission whether or not Organizer’s use contains any features, ideas, material and/or elements that are similar or identical to those contained in such entry submission.
Upskill will exercise reasonable care in handling the Hackathon entries submitted. However, they will not be liable for any loss resulting from any Hackathon processes and events. Upskill shall not be responsible for any loss, damage, cost or expense howsoever arising incurred by a Participant in connection with any Hackathon, including the collection and subsequent use of the awarded prize.
The Participant accepts all risks of personal injury or property damage of any nature whatsoever that may arise from their making or creation of the Hackathon entry or participation in any Hackathon and will not in any way hold Upskill responsible for any liability, loss, damage, expense and cost which he/they may sustain or incur as a result of their participation in any Hackathon.
The Participant (including their heirs, parents, legal guardians, executor and/or administrators) hereby agrees to be fully liable to Upskill and its officers, employees and agents for any violation of confidentiality, patent, copyright or any other intellectual property rights in the photographs and materials submitted and shall defend, indemnify and hold Upskill and each of its officers, employees and agents thereof harmless from and against any actions, claims, loss or damages for infringement or alleged infringement of such confidentiality, patent, copyright or any other intellectual property rights.
Each Participant shall indemnify Upskill and its respective directors, officers, employees and agents from and against all losses, actions, liabilities, claims, proceedings, costs and damages arising out of any breach of the above terms or claims by third parties for any losses or damages arising from the Participant’s submission of the Hackathon entry and the Participant’s participation in the Hackathon.
If for any reason any aspect of the Hackathon is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of Upskill which corrupts or affects the administration, security, fairness, integrity or proper conduct of any Hackathon, Upskill may in its sole discretion cancel, terminate, modify or suspend any Hackathon, or invalidate any affected submissions, and shall not be liable for any claim, action, damage, or loss as a result of such cancellation, termination, modification, suspension or invalidation.