WITI Professional Association Presents the 2015 "WITI Virtual IoT Hackathon - Stay Connected". No Purchase Necessary to Enter or Win. Internet Access is Required to Enter.
The WITI PROFESSIONAL ASSOCIATION Presents the 2015 "WITI Virtual Hackathon Stay Connected" is a skill-based contest ("Contest") designed to drive awareness and interest in the Internet of Things ecosystem and WITI PROFESSIONAL ASSOCIATION portfolio by providing assistance to independent software vendors (ISVs) and their employee developers who want to build and take to market a commercial mobile application that leverages the Internet of Things platform and Mobile technology. The Contest will have three phases operating over several months where participations will first submit an idea, finalists will develop a Prototype and video presentation of their idea, top finalists will develop a presentation for a live session with the Judges, and the winners will be provided access to Internet of Things and support to build their final mobile applications.
The Contest is sponsored by IBM with its principal place of business at: 1 New Orchard Road, Armonk, N.Y. 10504, USA, and Intel with its principal place of business at: 2200 Mission College Blvd., Santa Clara, CA 95054, USA
By submitting an entry, you agree to be bound by these Official Rules (available at www.WITI.com ("Website")) and all Contest related communications from the Sponsor (collectively the "Rules"), and the decisions of the Sponsor and Judges which are final and binding in all respects. Please read the Rules prior to entry. After reading the Rules and in order to participate, each Participant must click the "I understand and agree" box on the Contest entry Webpage. Once the Participant clicks the "I understand and agree" box, the Rules form a binding legal agreement between each Participant and Sponsor with respect to the Contest and the entry submissions in whole and in part at any time during the Contest (referred to herein as an "entry, " the "app" or "application" and/or "submission") made by the Participant. Participants may not submit an entry into the Contest and are not eligible to receive the Prizes described in these Rules unless they agree to be bound to the Rules.
Submissions will only be accepted on behalf of a business: a business, organization, corporation, institution or other entity which may or may not be comprised of more than one individual ("business entity") whose delegated entrant is entering by and on behalf and with full authority of said business entity ("Participant" or "entrant"). Entrant must appoint an authorized representative or similarly situated officer of the business entity for contact, potential winner notification, prize award and fulfillment, who will be required to execute all Release Documents on behalf of the business entity. Only one (1) Prize will be awarded per Entry. By submitting an app on behalf of a business entity, entrants affirmatively agree that they have been asked to do so on behalf of their employer, and any Prize award will be provided to the business entity and not the individual who submitted the app. The same submission cannot be entered into this Contest more than one time, by more than one Participant, and in such event, one or both Participants and one or both submissions may be disqualified. Promotion Entities disclaim all responsibility and liability relating to all of the above; by entering Participants agree to release, indemnify, defend and hold them harmless in all respects relating thereto.
Participants have the responsibility to review and understand employer's policies, applicable laws, rules and/or regulations, tax implications, government and any other limitations (collectively "policies") regarding Participant's eligibility to participate in promotions and/or receive Prizes in connection therewith. Furthermore, if a Participant enters without obtaining the appropriate approvals, or if an individual is participating in violation of any such policies, Sponsor may, in its sole discretion, disqualify the Participant and forfeit their Prize, if applicable. Promotion Entities disclaim all responsibility and liability relating to the above; by entering Participants agree to release, indemnify, defend and hold them harmless in all respects thereto.
The Contest is open to Participants who meet the eligibility requirements herein, have agreed to be bound to these Rules and Release Documents (as applicable), are under no conflicting contractual or legal restriction to enter, and whose entrant is the legal age of majority, at the time of entry, to form valid contracts in their respective country, province or state of legal residence and is not from an ineligible Country as provided herein. THE CONTEST IS VOID IN AND TO RESIDENTS OF RUSSIA AND ALL CURRENT U.S. EMBARGOED COUNTRIES, AND WHEREVER RESTRICTED BY, WITHOUT LIMITATION, FILING OR REGISTRATION REQUIREMENTS, EXPORT CONTROLS, OR WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW.
All Participants must, amongst other things, have skills capable of operating in the Internet of Things Ecosystem and building on the Internet of Things Platform, and the commitment and resources to develop and deliver to market a commercially viable mobile app; and the app must, among other things, be limited to the English language, created for mobile devices, and the Participant must own or have all rights in and to the app submission, in whole and in part, and own or have rights in and to all content, in whole or in part, that their app will use, and agree to produce written evidence of such if requested.
Employees, officers and directors of WITI PROFESSIONAL ASSOCIATION, Judges, participating advertising and promotion agencies, and those individuals and entities involved in the preparation of materials for, administration and/or execution of this Contest (all collectively the "Promotion Entities"), and 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 Promotion Entities are not eligible to participate in the Contest. Furthermore, existing Internet of Things Ecosystem participants (prior to the Promotion Period) and Government entities and their employees are ineligible to participate in the Contest, or make a submission.
PROMOTION PERIOD/SUBMISSION, DEVELOPMENT & JUDGING PERIODS
The Contest begins on or about 12:00 am U.S. Pacific Time ("PT") on or about May 1, 2015 and ends on or about 11:59 pm PT on May 27, 2015 ("Promotion Period"). Phase I Submission: entries must be received between 12:00 am PT on May 1, 2015 and 11:59 pm PT on May 27, 2015 ("Submission Period"). Submission of an entry is not proof or evidence that the app and/or Participant is eligible for the Contest. Subject to verification and compliance, Finalists will be announced on or about June 1, 2015 (announcement anticipated at the 2015 WITI Summit in San Jose, CA). Phase II Development: between May 1, 2015 and May 27, 2015, each eligible Finalist will be assigned a 24 hour period for access to a special Internet of Things sandbox to develop a prototype of their application ("Development Period"). Each Development Period will be assigned to each Finalist and will be: one block of time, 24 hours in length; at a time/date assigned by Sponsor in its sole and absolute discretion; and must be used as assigned, or else Finalist will be disqualified and an alternate Finalist selected provided sufficient eligible entries are received. Judging Phase: judging of eligible Finalist submissions will be conducted on or by approximately June 1, 2015. Development and Judging Periods may be shortened or extended as necessary due to exigencies of circumstances, or as otherwise deemed necessary by Sponsor. Entries must be received by Sponsor in accordance with the procedures and approved channels stated herein, or will not be eligible. All times relating to the Contest are Eastern Time unless otherwise stated. Sponsor (or its authorized representative's) server for the Contest is located in the U.S. and shall be the official time keeping device for the Contest. PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
PRE-REQUISITES FOR FINALIST ACCESS & ADDITIONAL ENTRY REQUIREMENTS
Before Phase II Development Period, Finalists (by an authorized officer of the company) must read, agree to be bound to, and execute: a Declaration of Eligibility, Liability and Publicity Release; and will be required to execute additional WITI PROFESSIONAL ASSOCIATION related documents, which may include, the WITI PROFESSIONAL ASSOCIATION, WITI Virtual Hackathon Stay Connected Developer Cloud Project Agreement, the WITI PROFESSIONAL ASSOCIATION, WITI Virtual Hackathon Stay Connected Prototype Agreement and the WITI PROFESSIONAL ASSOCIATION Developer Works Agreement (all of which are merged herein and referred to as "Release Documents") in order to be granted access to Internet of Things and for continuation in the Contest's Phase II Development Period. Failure to (timely) execute the documents and/or non-compliance with any terms, conditions or other requirements of any such document will disqualify Participant and void the entry.
During the Submission Period, Participants must register for this Contest by completing all information requested in the official entry form provided at www.WITI.com, provide a written summary of their original app idea (in 2000 characters or less), acknowledge that they are submitting on behalf of a business entity (and provide an authorized representative name, as stated in 3 above), and agree to be bound to the Rules and the decisions of the Sponsor/Judges ("entry" or "submission"). Although not required Participant may submit, as part of their entry, ancillary content/details ("ancillary content") that provide an illustration or wire frame of their App concept (no more than two (2) files, which must be PDF or image files). It is the Participants sole responsibility to ensure Sponsor has current accurate contact information for the business entity. The entry will be deemed made by the Participant (business entity) identified on the entry form for purposes of the Contest. In whole or in part invalid, non-compliant or incomplete entries will not be considered. Sponsor may, but is not obligated to, request that an entry be re-submitted for corrective reasons, so long as it complies with these Rules and is submitted by the same, eligible Participant within the applicable Submission or Development Period.
Further, by entering this Contest, Participants hereby represent, warrant and covenant (as applicable), and agree to produce written evidence of such if requested, that:
(i) The entry, in whole and in part, does not violate or infringe upon any proprietary or intellectual property rights, including copyrights, trademarks, patents, trade secrets, industrial property rights, personal or moral rights, or any other rights whatsoever of any person and/or entity;
(ii) The entry, in whole and in part, is submitted to the Contest by or with the permission of all persons (living or deceased), venues and/or entities who worked on, were engaged to work on, or contributed in any respect to the entry or any part thereof, who are depicted (directly or indirectly) in the entry by name, likeness, voice, image or any other information or indicia of persona, or who otherwise have any right, title and interest in and to the entry or any part thereof (including but not limited to rights arising from a work for hire relationship), and all such persons, venues, and/or entities have provided their written consent to submission of the entry and its use pursuant to the Rules;
(iii) Participant has all other rights, licenses, permissions and consents necessary to submit the entry and to grant all of the rights granted to the Promotion Entities in these Rules, Release Documents and any other agreements required by Sponsor and signed by Participant, and the exercise thereof by the Promotion Entities and/or the use by them of the rights granted by Participant, in whole or in part, does not and will not give rise to any alleged or actual claims, disputes, actions or liabilities, including but not limited to those for disputes or payment of any kind, including without limitation royalties, residuals, attribution, credit, dues, consultation or any other fees, costs, or expenses;
(iv) The entry, in whole or in part, contains no malware, including viruses, trojans, worms, spyware or any other harmful software, code or other devices; and
(v) The entry, in whole or in part, contains no pornographic, sexually explicit (including nudity), defamatory, offensive, violent, discriminatory, cruel, abusive, highly sensitive, political, or religious messages, harmful or illegal content (including but not limited to gambling (in China), and/or technology or other content that is prohibited from export), content of an obscene or menacing character, and does not otherwise offend against reasonable standards of taste and decency.
(vi) The entry, in whole or in part, uses safeguards and other data masking measures to ensure that the Promotion Entities will not be exposed to any Protected Health Information (as defined under the Health Information Portability and Accountability Act of 1996 (HIPAA) as amended), Sensitive Personal Information (personal data, the loss of which would trigger a data breach notification requirement, and includes, but is not limited to financial information, country identification number (e.g. Social Insurance Number, Social Security Number or other governmentally-issued identification number such as driver's license or passport number, bank account number, credit card or debit card number; and data relating to racial or ethnic origin, sexual orientation, or political opinions or religious, ideological or philosophical beliefs or activities or trade union membership), or other types of sensitive, proprietary or regulated information.
In order to be eligible for this Contest, the submitted entry, in whole and in part (and Participant) must comply with all other terms stated in the Rules. By submitting an entry, Participants agree the Promotion Entities are not responsible for, and shall be indemnified, defended, released and held harmless for/from any claims, actions or disputes between a Participant and any other Participant and/or third party relating to the entry, in whole or in part.
Participants may enter more than once but all entries must be eligible, entirely unique and different, and contain with no redundancies (in Sponsor's determination).
GENERAL ENTRY CONDITIONS
For purposes of the Contest and pursuant to these Rules, unless otherwise specified, all materials and information submitted by an eligible Participant, in any and all media and medium, at any stage of the Contest (whether an entrant or Finalist) will collectively constitute the "entry" or "submission". Once submitted an entry may not be cancelled or deleted, and will not be returned. The entry as a whole will be considered and judged, but may be posted, viewed and used by the Promotion Entities in whole or in part, as provided herein and by others interested in, involved with, or administering the Contest. Participants assume all risk of ineligible, damaged, lost, late, incomplete, invalid, incorrect, incompatible, non-functioning, or misdirected entries, in whole or in part. Eventual viability and marketability of the app are the sole and exclusive responsibility of Participants. IMPORTANT NOTICE
WINNER MUST QUALIFY AS AND BECOME AN AUTHORIZED WITI PROFESSIONAL ASSOCIATION BUSINESS CHANNEL PARTNER FOR THE INTERNET OF THINGS ECOSYSTEM (“BUSINESS PARTNER”) IF THEY WISH TO FULLY COMMERCIALIZE AND DISTRIBUTE THE APP IN MARKET IN CONJUNCTION WITH THE INTERNET OF THINGS ECOSYSTEM SERVICES. THE AFOREMENTIONED IS NOT INCLUDED IN NOR MADE PART OF ANY PRIZE, NOR SHALL BE DEEMED TO BE INCLUDED IN OR MADE PART OF ANY PRIZE. IN ORDER TO BECOME A BUSINESS PARTNER, SPONSOR WILL REQUIRE WINNER TO QUALIFY FOR AND AGREE TO ANY AND ALL REQUIRED WITI PROFESSIONAL ASSOCIATION BUSINESS PARTNER AGREEMENTS FOR THE INTERNET OF THINGS ECOSYSTEM. (Participants who do not become for any reason an WITI PROFESSIONAL ASSOCIATION Business Partner for the Internet of Things Ecosystem will still receive the Grand Prize; however viability and marketability of the app are and remain the sole and exclusive responsibility of Participants.) PROMOTION ENTITIES MAKE NO WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN CONNECTION WITH THEIR ABILITY TO IN ANY WAY ENABLE, DEVELOP, MARKET OR PROMOTE THE PARTICIPANT, THE ENTRY, THE APP, NOR THE IDEAS OR TECHNOLOGY EMBODIED OR SET FORTH IN THE APP/ENTRY, IN WHOLE OR IN PART. Proof that an entry is uploaded at any stage does not constitute proof or evidence that it was received within the applicable Period or eligible for the Contest.
Without limitation, Sponsor reserves the right to immediately disqualify and/or remove at any time (before, during or after the Contest) any entry and/or Participant for any reason in its absolute discretion. Without limiting the foregoing, if at any time a Participant and/or winner is found to have breached, violated or failed to comply with these Rules (or any subsequent agreement), in whole or in part, at any time, or is or found at any time to be or have been ineligible, they will be immediately disqualified and agree to immediate return in full any and all Prizes to Sponsor (if applicable).
Participants understand, recognize and accept that, without fault of the Promotion Entities, other persons may have provided one or more of the Promotion Entities, or others, or made public, or may in the future submit, or make public, ideas and/or materials that are the same or similar to Participant's entry. Further, Participants have independent access to, may create or have created technologies, methods, materials and ideas which may be similar or identical in whole or in part to another entry in concept, code, theme, idea, format or other respects. In the event that an entry is identical or similar to the entry of another Participant, the Promotion Entities reserve the right to score one entry higher than the other, subject to the judging criteria set forth herein, in the discretion of Sponsor and Judges. Entries may not be acknowledged and will not be received or held "in confidence" or "in trust" and by submitting an entry it does not create a confidential relationship or obligation of secrecy between Participant and any of the Promotion Entities. Participants will not now or in the future receive from the Promotion Entities any approval, rights of compensation, or any other payment for their app, entry or participation in this Contest. Further, Participants agree that by submitting an entry and/or receiving a Prize in the Contest does NOT give rise to or in any way create, either express or implied, any employer/employee, joint or co-venture, principle/agent, or any other employment, fiduciary, or other relationship, between them and any one or more of the Promotion Entities, or any other person or entity. The Promotion Entities disclaim all responsibility and liability relating to all of the above; by entering Participants agree to release, indemnify, defend and hold them harmless in all respects thereto.
Everybody who completes a Youtube video for the 2015 WITI Virtual Hackathon Stay Connected will receive a free One Year WITI Membership.
JUDGING CRITERIA/WINNER SELECTION
Eligible entries received by Sponsor will be judged in each of the Contest Phases I and II by a panel of subject matter experts in the fields of software development and/or technology innovation selected by the Sponsor using the following judging criteria ("Judging Criteria") scored from __ - ___, ___ being highest. Scores will not be made public by Sponsor at any time.
Phase I Judging Criteria : Judging for the first phase of the Contest will be based only on the evaluation of the written idea submissions and ancillary content provided by Participants. The submissions will be scored based on the following:
Business Problem: The proposed app addresses a clearly defined business problem.
Buyer / Customer: There is a clearly defined economic buyer or customer for the app.
Market Opportunity: Size of the market opportunity for the proposed app.
Differentiated Value Proposition: The value of the app is clearly defined and unique when compared to competitive offerings.
Internet of Things Capability: Extent to which the idea (and potential app) is perceived to utilize the core capabilities of the Internet of Things platform.
Mobile Experience: Extent to which mobile features are a key element of the design/function of the app.
Content requirements: Extent to which the app relies on data/content to which the team has access and rights to use.
Assuming sufficient eligible entries are received, it is anticipated that twenty-five (25) Finalists will be selected based on their highest combined score in accordance with the Judging Criteria for Phase I. Sponsor reserves the right to select fewer than (25) Finalists due to insufficient eligible entries, entries that fail to meet a minimum score based on the above criteria, or are otherwise lacking, or may select more than (25) if found to be of exceptional quality in Sponsor's sole and absolute discretion.
After the announcement of the Finalists, the proposed ideas will be posted publicly on the Website with the opportunity for the broader community to comment, question, and ultimately rate the ideas. The public rating system is only a community feature, and will not have a material effect on Phase II Judging.
Subject to verification and compliance, during the applicable Development Period each eligible Finalist will be assigned a 24 hour period for access to a special Internet of Things sandbox and APIs to develop a prototype of their app idea entry ("Prototype" collectively referred to as an "entry" or "submission"). In addition, after completing the Prototype, Participants will be asked to submit a video presentation demonstrating their Prototype ("Video"). The Video should be less than 5 minutes, and should be in English. The Video is a "VC-type" pitch that showcases the concept, Prototype, and go-to-market plans for the app. Video format must be in .mov, or .mp4, and size 50 MB or less. Sponsor reserves the right to publish and share the Video, so the Video must not contain any confidential or proprietary information of Participant.
Phase II Judging Criteria: The Prototypes and Video will be judged in addition to the original app idea based on the following:
App Demonstrates Idea: Extent to which the original idea is implemented within the Prototype App.
Quality of design: from a Mobile UX perspective.
Breadth and impact of integration: with the Internet of Things platform.
Scalability of the App architecture: in comparison to the addressable market.
Additional integrations: to other applications and back-office systems.
Participant Skills and Resources: for continued development of the app and marketability
Planned, credible routes to market: for the App (sales channel and marketing plans).
Final (5) Finalists Selection: the top five (5) Finalists with the highest combined score in accordance with the Judging Criteria for Phase II will be invited to demonstrate their Prototype and pitch their concept in a live session with WITI PROFESSIONAL ASSOCIATION judges ("live session"). The live session will take place virtually over the internet, and the selected top Finalists must present the same content that was included in their Video. The presentation will be augmented by live Q&A with the Judges. The top five (5) Finalists and all entry elements, which will also now include the live session, will be judged again in accordance with the Judging Criteria for Phase II and two (2) potential Grand Prize winners will be selected based on the highest combined score, subject to verification and compliance.
In the case of a tie, the tie will be broken (among the tied entries within the applicable Phase) by the highest combined score(s) in the ____________ criteria (for Phase I tied entries), or in the _____________ criteria (for Phase II tied entries), and if a tie still remains the tie will be broken (among the remaining tied entries for the applicable Phase) by the entry with the highest score in the ____________ criteria (in Phase I) or by the entry with the highest score in the ____________ criteria (in Phase II). If any Participant selected as a potential Prize recipient for a given Prize is disqualified for any reason, the next highest-scoring Participant in that Phase, as applicable, will be designated as the potential Finalist or recipient of that respective Prize, as applicable. In the event any Finalist is disqualified, forfeits the opportunity to continue in the Contest, or is otherwise unable or unwilling to participate, an alternate Finalist may be selected (in Sponsor's sole discretion and only if fair and sufficient time exists) based on score for the applicable Phase.
All Prize awards are contingent upon verification of potential winners/entry, confirmation of eligibility to receive a Prize, verification and compliance. Subject to receiving sufficient eligible entries and verification and compliance of potential winner/entry, twenty-five (25) Finalist Prizes, five (5) Top Finalists Prizes, and two (2) Grand Prizes are available to be awarded in the Contest ("Prizes").
FINALIST PRIZES (25): The opportunity to receive, during the Development Phase, a twenty-four (24) hour gated access to a Internet of Things sandbox and application program interface (APIs) to develop the app Prototype (that was the subject of the original idea submission). (Promotional Value only.)
TOP FIVE (5) FINALIST PRIZES (5): The opportunity to demonstrate their Prototype and pitch their concept in a live session with WITI PROFESSIONAL ASSOCIATION judges. (Promotional Value only.)
GRAND PRIZES (3): Admittance to the Internet of Things Ecosystem program, and attendant benefits, which consist of: access to the Internet of Things sandbox for ninety (90) consecutive days to develop the app and leverage the Internet of Things APIs; and design consulting and support of app development from WITI PROFESSIONAL ASSOCIATION Interactive (GBS). (Promotional Value only.)
Each Grand Prize winner must become an authorized WITI PROFESSIONAL ASSOCIATION Business Partner for the Internet of Things Ecosystem if they wish to commercially distribute the app in market in conjunction with Internet of Things Ecosystem Services (not included in nor made part of the Grand Prize); to become a Business Partner, Sponsor will require winners to qualify for and agree to any and all required WITI PROFESSIONAL ASSOCIATION Business Partner Agreements for the Internet of Things Ecosystem.
All costs and expenses relating to or arising directly or indirectly out of a Prize and the use or implementation thereof are at the sole cost and responsibility of Prize winners. All Rules and Release Documents apply to the business entity as a whole and its designated representatives and assigns. Prize conditions may be added or modified by Sponsor. Promotion Entities are not responsible for any changes of any element of a Prize including but not limited to any expenses incurred as a consequence of missed or late Development Phase or live session times, or any other cancellation or delays caused directly or indirectly by Participant. Without limiting any other right or term herein, a Participant may be disqualified from the Contest if, in Sponsor's absolute discretion, it reasonably believes the Participant has, appears to, or has attempted to undermine the legitimate operation of the Contest in ANY manner. In the event a Participant and/or Finalist is suspected of engaging in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, appears an attempt to undermine the legitimate operation of the Contest, appears as cheating, fraudulent, obnoxious or threatening, dangerous, harmful, suspicious, detrimental, illegal, disorderly, disruptive, or that appears intended to annoy, abuse, or harass any other person, or that may threaten the integrity, safety, or cause any threat, loss or damage of any other nature whatsoever to person or property (including but not limited to the Internet of Things Ecosystem, WITI PROFESSIONAL ASSOCIATION and its goods/services, employees and assigns), Sponsor reserves the right to terminate the Prize and participation early, in whole or in part, and to disqualify the Participant/Finalist immediately and may seek damages to the fullest extent permitted by law.
Prize winners must be able to accept the Prize in its entirety or not at all, or else Prize may be forfeited (in Sponsor's sole and absolute discretion). All potential winners of Prizes will be notified by e-mail or telephone (in Sponsor's absolute discretion) using the information provided in the entry. Potential winners will be required to sign and return the applicable Release Documents (and any other further documents required for Prize fulfillment and/or access to Internet of Things) for receipt by Sponsor within the time/date specified by Sponsor, or else Prize will be forfeited in its entirety and an alternate winner will be selected in accordance with their score assuming sufficient eligible entries are received. In the event a potential winner cannot be reached using the contact information provided on the entry on or within two (2) separate attempts, the Prize will be forfeited and an alternate potential winner will be selected in accordance with their score assuming sufficient eligible entries are received. Prizes are not assignable or transferable in whole or in part. No Prize substitutions allowed, in whole or in part; Sponsor reserves the right to substitute a Prize of comparable value. In no event will Sponsor or Promotion Partners be responsible for awarding more than the stated value/number/description of Prizes.
TAXES: If applicable, winners are solely responsible for any local, provincial, state, federal/country or any other applicable taxes, compliance with (governmental) reporting, filing and documentation requirements, and for any other costs, expenses and fees connected with their acceptance and use of the Prize in their respective jurisdictions. Prizes will be awarded to and in the name of the business entity.
In the event of disqualification for noncompliance, ineligibility, if a potential winner refuses or fails to complete and return release documents as directed on or within the time stated, or for any other reason, that Prize will be forfeited in its entirety and Sponsor may award that respective Prize to an alternate potential winner in accordance with their score assuming sufficient eligible entries are received. Returned, undelivered, unclaimed, or un-awarded Prizes or any element thereof will not be (re)awarded and will remain the property of Sponsor. Sponsor shall have the right, where necessary, to undertake all action and/or require further information as is reasonable to protect itself, or any of the Promotion Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding a Prize to any Participant.
Participants acknowledge that entries may be subject to United States export laws, regardless of location or nationality. Participants agree to comply with all applicable export controls, including, but not limited to, the United States Department of Commerce's Export Administration Regulations, sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control, and any export laws applicable in Participant's country of residence. Participant further warrants that their entries are authorized for export from the United States under these laws.
PRIVACY RELATED ISSUES FOR INDIAN RESIDENTS ONLY
To the extent the Data, Information or Personal Information [as defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 read with the Information Technology Act, 2000] (Hereinafter collectively referred to as "Data") provided by the Participant to enter the Contest, the Sponsor shall utilize such Data for the purposes of the Contest only and the same shall not be withheld beyond the period for which such Data is required by the Sponsor. The Participant understands and has no objection against his/her Data being uploaded to a server outside the territory of India. However, it shall be the endeavor of the Sponsor to ensure high standards of encryption to be adhered to, while transmitting or processing the Participant's Data as the case may be. In the event the Sponsor decides to disclose the Data, the same shall be carried out, after getting a prior permission from the Participant concerned unless the disclosure has to be made pursuant to an order passed by a competent adjudicating authority or similar obligation. Such consent shall not be refused by such Participant on unreasonable grounds. The Participant is entitled to request for a copy of his/her Data in possession of the Sponsor and may amend the same, should any deficiencies are found therein. At the time of collection of the Data, the Sponsor will provide the Participant with the option not to provide such Data. However, if the Participant chooses not to provide the said Data, the Sponsor, at its sole discretion, shall have the right to disqualify such a Participant from the Contest.
INTELLECTUAL PROPERTY RIGHTS
As between Promotion Entities and the Participant, the Participant has and retains all intellectual and proprietary rights in and to the entry that Participant had at time of submission of the entry to the Contest. Without limiting the Terms and Conditions of the Rules and Release Documents, as a condition of entry, Participant grants Promotion Entities a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, publicly perform, publicly display, publish, upload, post, transmit, distribute, modify, create a derivative work from, and otherwise freely use any entry in whole or in part that Participant submits to this Contest for any purposes, including for the purposes of allowing Promotion Entities to test and evaluate the entry for purposes of this Contest, to administer the technical and other requirements of the Contest including distribution of the entry to the Promotion Entities and Judges, and for Prize award, verification and fulfillment. Furthermore Participants also agree that Sponsor is free to use any ideas, concepts, know-how, or techniques submitted to it for any purpose.
PRIVACY AND PUBLICITY
RELEASE AND INDEMNIFICATION
To the maximum extent permitted by law, Participants and winners agree to release, indemnify, defend and hold harmless ("release") Sponsor, IBM, and Intel all other Promotion Entities, their parents, affiliates, subsidiaries and divisions, and their respective entities, and each of their predecessors, divisions, directors, owners, officers, employees, members, managers, shareholders, successors, assigns, contractors, agents, insurers, guarantors, and representatives ("Released Parties") from and against any and all threatened or actual claims, debts, demands, actions, causes of action, suits, proceedings, judgments, settlements (whether or not litagation is commenced), obligations, damages (including without limitation wrongful death, bodily or personal injury and disability), losses, accounts, reckonings, executions, liabilities, costs and expenses (including reasonable attorney's fees), property damages and any other losses, penalties or fines whatsoever of any kind or nature, whether at law or in equity, known or unknown, asserted or un-asserted, that Participant ever had, now have, or that may arise in the future ("Disputes") asserted in, arising out of or based upon participation in the Contest, the entry (in whole or in part), any Contest and/or Prize-related activity or inability to participate in or parts thereof, the delivery, acceptance, use, mis-use of a Prize or any failure with respect thereto, personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, any act, default, omission, non-compliance, and/or a violation or breach of any agreement, representation, warranty or covenant made herein, or any other agreements by/with Participant, the Promotion Entities, and/or any other party or entity. Further, to the maximum extent permitted by law, and without limiting the foregoing, Participants and winners agrees to release the Released Parties from and against any and all threatened or actual Disputes arising at any time directly or indirectly brought by any persons or entities (who may be other than a party to the Rules) arising from or related to an entry, participation and/or involvement in any other respect with the Contest, and/or the delivery, acceptance, use, mis-use of a Prize or any failure with respect thereto. Participants and winners covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST, PARTICIPATION IN THE CONTEST, ANY CONTEST ACTIVITIES OR ELEMENTS THEREOF, INCLUDING BUT NOT LIMITED TO THE ENTRY, ACCESS TO WITI VIRTUAL HACKATHON, AND USE OF THE WEBSITES OR THE UPLOADING OF MATERIALS TO THE WEBSITE, AND/OR THE DELIVERY, ACCEPTANCE, IMPLEMENTATION, AND/OR USE/MISUSE OF A PRIZE.
NETWORKS AND CANCELLATION
Contest Entities shall not be liable to Entrants, Finalists and/or winners or any other person for failure to execute the Contest, or supply a Prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control. Promotion Entities are not responsible for typographical or other errors; technical, network, computer, digital, telephone, cable, electronic, or hardware or software malfunctions, failures, connections, problems; incompatibility; unavailable, garbled, corrupt, or jumbled transmissions; Internet of Things, service provider, Internet, Website, blog site, user net accessibility, availability or congestion issues; unauthorized human intervention or security breach; the unauthorized access to, alteration of entries in whole or in part, the incorrect or inaccurate capture or processing of entries, or other information, or the failure to process, collect or communicate any such information; electronic errors, omissions, interruptions, deletions, defects, and/or delays; or loss, theft or destruction of any entry, in whole or in part, or other Contest related materials or information, in whole or in part. If for any reason the Contest, or any element thereof, is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical failures, a force majeure event, or any other causes similar or dissimilar which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest or the applicable Phase of the Contest, and Sponsor reserves the right to select only potential Finalists or winners (as applicable) from eligible, non-suspect entries received (prior to the event or otherwise), but only if doing so is deemed fair and equitable in Sponsor's determination under the circumstances. Any attempt by a Participant to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of U.S. criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify Participant and seek damages from any such Participant to the fullest extent of the law.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES
These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of law rules. To the fullest extent permitted by law, the rights to litigate, seek injunctive relief, or make any other recourse to judicial proceedings in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.
Winners of Prizes will be posted at www.WITI.com, anticipated to be available on or within ten (10) days of winner verification and confirmation.
For a copy of these Official Rules, go to www.WITI.com. Sponsor reserves the right, without notice or prior approval, to modify or supersede these Official Rules in its sole reasonable discretion and in such event will post revised Rules on the Website, which will continue to govern all aspects of the Contest.