NEXT GEN AI HACKATHON - TERMS & CONDITIONS

Sponsored by Samsung NEXT (“Sponsor”).

THE HACKATHON IS VOID WHERE PROHIBITED BY LAW. BY PARTICIPATING, YOU AGREE TO THESE TERMS AND CONDITIONS. NO ENTRY FEE. Applications will be accepted from July 28 to September 8, 2023, inclusive (the “Application Period”). During the Application Period, Sponsor will select, on a rolling basis, the final candidates that shall participate. Final selections are at the sole discretion of Sponsor and will be announced no later than September 15, 2023. The Hackathon will begin at approximately 10:00 AM PST on September 22, 2023 with a break between approximately 10:00 PM PST on September 22, 2023 and 10:00 AM PST September 23, 2023 and will end at approximately 10:00 PM PST on September 23, 2023.  The schedule of the Hackathon is subject to change at the sole discretion of the Sponsor.  Any changes in the schedule will be promptly communicated to Participants.

Eligibility: The Hackathon is open to individuals (i) who are at least eighteen years old and (ii) who are invited by sponsors to participate in the Hackathon. Participation in the Hackathon constitutes Participant’s full and unconditional agreement to and acceptance of these Terms and Conditions (“Terms”). The term “you” refers to you, the “Participant”.  Participants may not bring any guests to the Hackathon.

Employees of Sponsor and its respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Hackathon period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Hackathon.

Your Participation: You can participate either as part of a team of up to four (4) people or on an individual basis. Switching teams is not allowed. Sponsor is not responsible for, and will not assist in resolving, any disputes between team members. To participate, you must attend the location that will be communicated to accepted Participants in writing by Sponsor on September 22-23, 2023. You must make your own travel and accommodation arrangements and cover all associated costs and expenses. You, as a Participant will adhere to the following requirements:

• A team or any individual Participant may submit multiple entries, however any team or individual Participant that submits multiple entries may win only once.  Incomplete Entries may be disqualified.

• Each Participant must supply his/her own laptop and hardware to participate.

Judging of Entries:  A panel of individuals selected by Sponsor with relevant expertise will be responsible for judging Entries. The vote of each judge will be at its sole discretion, with a view to determining the best technical and useful submissions. Factors that a judge may take into account include the following criteria: creativity, usefulness, relevance to category, quality of written and video explanation and visual presentation, and thoroughness. However, a judge may take all or none of these criteria into account, and may choose to take additional criteria into account in its sole discretion. Judges may provide explanations for their votes, but they have no obligation to do so, and no explanation shall be used to undermine the voting choices of any judge. 

Each entry must be original, of the Participant’s or Participant’s teams own creation and newly written in preparation for and during the Hackathon and must not have been entered in any other competition or program similar to the Hackathon, including other competitions conducted by Sponsor. “Newly written” means that Participants cannot in any way copy software code that already privately exists, and submit it as part of an entry. Entries may be subject to a due diligence review at any time for eligibility and compliance with these Terms. Determination of eligibility and compliance is at the sole discretion of Sponsor. Sponsor reserves the right to disqualify any entry if the entry or a Participant or a Participant’s team does not comply with these Terms.

Ownership of Entries: Participant represents and warrants that the entry and any component of the entry does not violate any agreement or obligation to any invention assignment, proprietary information, confidentiality, non-solicitation, noncompetition or similar agreement with any employer or other person. Participant represents and warrants that the entry and any component of the entry is and will be Participant’s own original work and does not and will not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights or trademarks. Participant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against the Sponsor, or any other person, on the grounds that any use of a Participant’s entry infringes any of Participant’s rights as creator of the entry, including, without limitation, trademark rights, copyrights and moral rights or “droit moral.” 

The ownership of any intellectual property developed by Participants during and within the scope of the Hackathon will remain with such Participants. If the Participant is on a team, the Participants on such team should agree among themselves on the distribution of intellectual property rights. The Participants can choose, at their own discretion, to open source the intellectual property and license it. Participants are advised to seek legal counsel on how their intellectual property may be treated if jointly created without an agreement in place.

By joining the Hackathon, Participants expressly authorize Sponsor to publish, communicate, exhibit, and disclose orally, graphically, in writing, or via audio or video recording, and with no compensation involved, projects and prototypes presented during the Hackathon.

Nothing herein shall constitute an employment, joint venture, or partnership relationship between Participant and Sponsor. Participants will not receive any compensation from Sponsor in connection with any Entries. Each Participant acknowledges and agrees that Sponsor or other Participants or third parties may have developed or commissioned works which are similar to the Entry of Participant or Participant’s team, or may develop something similar in the future, and each Participant waives any claims that Participant may have resulting from any similarities to the Entry of Participant or Participant’s team.

Prizes and Awards: The prizes and awards to be awarded are as follows:

The Participants whose Entries are awarded the top three (3) highest scores by the judges will receive a prize to be disclosed on the day of the event. The odds of winning depend on the total number of eligible Entries received. No cash or other substitution of prizes is permitted, except at the sole option of Sponsors for a prize of equal or greater value. Sponsors will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.

Approximate value of the prize: up to $1000USD in Samsung.com gift cards and at least $100K in cloud credits from official corporate partners.

Winners will be notified by the conclusion of the Hackathon and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification and if applicable will be issued a W-9 tax form. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner will be selected from remaining valid, eligible Entries timely submitted.

Publicity: Except where prohibited by law, by participating in the Hackathon, Participant consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to Participant (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, Sponsor’s website, and any of the Sponsor’s social media accounts or outlets without additional compensation.

Indemnity: You agree to release, indemnify, defend and hold Sponsor and their parents, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, and any other organizations related to the Hackathon, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Hackathon or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Sponsor’s control that may cause the Hackathon to be disrupted or corrupted; (ii) any claim that an Entry infringes third party intellectual property or proprietary rights; (iii) any disputes among team members, (iv) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Hackathon; (v) any printing or typographical errors in any materials associated with the Hackathon; technical errors that may impair your ability to participate in the Hackathon; or (vi) errors in the administration of the Hackathon.

DISCLAIMER. IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE HACKATHON, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

General:  The Hackathon is subject to federal, state, and local laws and regulations. The Hackathon is offered by Sponsor, which is not responsible for (i) late, lost, damaged, incomplete, or misdirected Entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of Entries; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Hackathon in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Hackathon is compromised, without liability to the Participants. Sponsor reserves the right to disqualify any Participant, as determined by Sponsor, in its sole discretion. 

These Terms are governed by the law of the State of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Hackathon or the Terms must be brought in either the federal or state courts located in Santa Clara County, CA. Sponsor’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.