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Terms and Conditions

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TERMS AND CONDITIONS FOR PARTICIPANTS IN THE TRANSFORMATHON PROGRAM

Transformathon is an independent initiative founded by Courtney Jermyn (the “Organizer”). Transformathon’s program is a full year program and enables business professionals, students, developers, creatives and entrepreneurs from all over the world to co-create solutions for challenges contributed by Transformathon and/or selected partners by using technical knowledge, research, or resources and technology.

Transformathon has selected several supporters and/or sponsors ( “Supporters”) to contribute to the organisation of the Transformathon Program. The Transformathon Program consist of multiple, individual events, including The Journey Begins, as well as several pre-hack meetups, presentations/workshops and a post-hack incubation program (each, an “Event”).

Pre-hack meetups, presentations, and workshops
Prior to The Journey Begins, several pre-hack meetups and presentations will take place to  provide background inspiration that will support the participants with their solution. It will also be a time where participants and Supporters can connect and network. Pre-hack events are also where Supporters can present themselves and/or the selected challenge which they think could be (partly) solved by using their technology, service or theme (a “Track”). If applicable, Participants and Supporters will meet each other and discuss and share developments regarding their methods, designs, or technology (e.g. drawings, equipment specifications, Block chain, AI, etc.). 

 Post-hack incubation program
Following the hackathon event, winning teams will have the opportunity to pitch their idea on the Pitch Stage (“Pitch”) infront of a jury comprising of relevant investors or Supporter’s executives. During the three months after The Journey Begins, the winning Team(s) shall decide jointly and in consultation with Transformathon and/or the respective Supporter who introduced the Track, or announced investment interest at the pitch to evaluate if it is possible to actually apply the solution or whether it is possible to scale it up.

Transformathon does not guarantee the continuation of solutions derived during the event but will discuss with the teams possible ways forward., Transformathon is not responsible for Supporters’ decisions to move forward or not. Any agreement regarding future work are between the Supporter and the Participant.

More and/or up to date information on Transformathon Program Events is published at www.Transformathon-hack.com (the “Website”).

  1. Participants

1.1.       By participating in an Event each individual participant (a “Participant”) is bound by (a) these terms and conditions for participants in the Transformathon Program (the “Terms”) and (b) any specific instructions, rules and additional conditions applicable to an Event and published on the Website. In the  event of a discrepancy between these Terms and the rules set out in (b), the rules set out in (b) shall prevail. Transformathon reserves the right, at all times, to amend and/or supplement the Terms and/or the rules set out in (b). The most up-to-date version can be found on the Website.

1.2.      In order to submit a request to participate in an Event, a request needs to be submitted in the applicable online form. Unless otherwise indicated on the Website, each person has to submit a separate request for each Event through the Website. A request does not constitute a right to participate in an Event until participation is confirmed in writing by Transformathon.

1.3. In order to submit a request to participate in the The Journey Begins, an official registration form provided on the www.transformathon-hack.com website is required. A personal account on the website will be required before the official event in order to receive restricted information and platform entry. Registration and login details to set up the Participant’s account will be provided in their Participant Package via email at least one week before the offical hackathon (also see clause 1.5b):  A request does not constitute a right to participate in The Journey Begins until participation is confirmed in writing by Transformathon.

1.4.   The Participant cannot assign, sub-contract or otherwise transfer his/her right to participate in an Event nor any rights under these Terms.

1.5. Participants must: 

(a) be at least 18 years old;

(b) have, at the time of the respective Event, an Participant’s access account on Transformathon’s website (All relevant information pertaining to The Journey Begins is provided in the Participant package, which will be emailed to the Participants prior to the start of the even. The Participant’s access accounts provide access to important applications, information and content that are restricted from public access. Access to these pages is given to confirmed Participants only);

(c)   ensure that all information provided to Transformathon and/or its Supporters is correct and complete;

(d) behave in a professional manner, and treat all persons participating in an Event with respect and dignity;

(e) not engage in any behaviour which is inappropriate, or make any racist, sexist or ageist remarks or other statements which may cause offence; and

(f) not engage in any unlawful conduct.

(g) must read and agree to Transformathon’s Code of Conduct found here: CODE OF CONDUCT

1.6.   Transformaton is allowed to exclude Participants from (further) participation when a Participant, according to Transformathon, does not act in accordance with these Terms and/or the conditions referred to in these conditions.

1.7.  The Participant is solely responsible for all costs and expenses incurred by him/her in relation to an Event, including but not limited to access to publications, software or computers, travel costs and accommodation.

1.8.  Transformathon reserves the right to cancel or postpone an Event for any reason without liability.

1.9. The Participant is solely responsible for any damage to his/her own property or any property, facilities and equipment provided by or on behalf of Transformathon and its Supporters.

  1. The Journey Begins

2.1. Transformathon organises The Journey Begins from 5 March until 7 March 2021 (‘The Journey Begins’). During The Journey Begins, each team of Participants (a ‘Team‘) will develop an innovative solution for one of the Tracks and addressing the defined criteria (challenge criteria is outlined on the website), by using any resource they find necessary to realize their product such as using; reports, design and/or GIS software, Blockchain, A.I.- and/or other information and technology (the ‘Solution‘). However, Teams must be able to be clearly report their assumptions, methods, results, and product by the submission deadline and solutions must be able to be presented in an online video demo (submission requirements in accordance to the instructions stated on the website).

2.2. A Solution must be conceptually original, non-existent and new and functional. Each Participant represents and warrants that the Team or a member rightfully owns the intellectual property rights in relation content used and /or submitted or is entitled to use these intellectual property rights in accordance with the applicable licence terms.  Each Participant will fully indemnify Transformathon and its directors, employees and supporters against any and all third parties claims for infringement of any intellectual property rights in relation to content that is used or submitted by its Team and/or itself. 

2.3. The Journey Begins is a competition. The submitted Solutions shall be judged by the Jury (as defined below). The Jury will unilaterally decide which Team(s) provided the best Solution.

2.4. The Journey Begins is a closed meeting. No other persons or organisations than the Participants and Supporters may join or visit The Journey Begins, unless Transformathon explicitly gives permission thereto. It is therefore not allowed for Participants to invite third parties to The Journey Begins.

  1. The Teams

3.1. The Journey Begins is a team competition. Enrollment in The Journey Begins is only possible through the Website and as a Team of at least three and maximum six  Participants. Participants cannot be a member of more than one team or switch teams. However, teams are encouraged to support each other to further their solutions.

3.2. The deadline of applying for The Journey Begins is 21-02-2021.

3.4. Participants can register as a Team or as an individual. Those signed on as an individual will be placed on a Team. Transformathon will at its sole discretion select and invite the Teams for The Journey Begins. The Journey Begins is a virtual international event, therefore, it is not guaranteed Team members will be located within the same time zone, Team(s) can comprise of members from any where in the world. Transformathon will provide a Team information package one week prior to the Event to provide critical information, procedures and guidelines for the event by e-mail and/or the Website.

3.5. Teams can compete in one or more Tracks by fill out a Track submission form no later than 12:00 CET on 06-March 2021. By registration for The Journey Begins each Team can indicate their preferred Track. Forms will be provided through email and/or the website.

3.6. Each team member (Participant) has to register and confirm their attendance at The Journey Begins via the Website. 

3.7. Participants need to provide all their own devices and chargers.

  1. The Jury

4.1. The Transformathon winners will be chosen from the teams of Participants by a panel of judges selected by the Organizer. The panel of judges will consist of employees of the Supporters, complemented by experts in the field of relevant to the event theme such as; Oil & Gas, Solar, Wind, Hydrogen, Geothermal, and technologies such as GIS, AutoCad, and other) (the ‘Jury’).

4.2. Each Team shall submit all required solution document files as described on the Website and on the prescribed date and time. Submissions after that date, time or contrary to these Terms will be disqualified. Transformathon and the Organizer are not responsible for any lost, delayed, misdirected, incomplete, damaged or undeliverable submissions.

4.3 The selection of the winning Teams will be at the sole discretion of the Jury and is irrevocable and not open to objection or appeal. The judges’ decisions are final, binding and uncontestable. The Organizer reserves the right not to award a prize in the event of an insufficient number of eligible entries meeting the minimum judging criteria as determined in the Organizer’s sole discretion.

  1. Prizes

The prizes to be awarded to winners, if any, will be published on the website at the official KICK-OFF: www.Transformathon-hack.com. Transformathon has no responsibility for how prizes are distributed between the members of a team or for any other disagreement between team members.

Each Participant of a winning Team is jointly and severally responsible for any taxes payable in connection with the awarded prizes.

The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. All prizes must be redeemed within 7 days of the contest end date unless otherwise stated in the contest’s official rules. Prizes may be date specific (i.e. gift cards, etc.) and the Organizer reserves the right to change the prizes as provided by and requested by our sponsors. Winner or winners must be available on the dates specified. If a winner cannot be contacted or is disqualified for any reason, the Organizer reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.

  1. Intellectual property

All Participants acknowledge and agree that the development of the Solution is a Team effort and all intellectual property rights vested in the submitted Solution shall stay with the Team (insofar there are no third party rights), unless: a) all the Participants in a Team agree or agreed otherwise; or b) the intellectual property rights are owned by another party/parties under applicable law.

Transformathon is not obliged to protect any Participant’s ideas, works and results disclosed or generated during the Transformathon Program (including The Journey Begins). By submitting the Solution, the Team (all Participants in the team combined) hereby grant Transformathon an everlasting, irrevocable (worldwide) right and royalty-free licence to: (a) use, review, asses, test and/or otherwise analyse the Solution and all its content in connection with The Journey Begins; and (b) feature and use the Solution and all its content for promotional purposes, in any way and in all media (including, but not limited to, in advertisements, press releases, presentations and trade shows).

  1. Use of datasets and software by Participants

7.1. For some events, Participants are given access to software, and datasets (from Supporters), including API’s (‘Application Programming Interfaces’ or ‘API’, technology, which may include object codes, software libraries, software tools, sample source codes, published specifications and documentation) of the relevant Supporters (the ‘Software’). The Supporters may grant Participants the non-assignable, non-sub licensable and non-exclusive right to use the Software and/or the datasets, exclusively and only for the purpose and duration of The Journey Begins. Supporters may have individual terms for the use of the Software and/or datasets. Supporters are allowed to impose those and other (additional) conditions for the use of the Software and/or datasets, which conditions will prevail over these Terms in case of contradiction.

7.2. The intellectual property rights of the Software or datasets from Supporters belongs to the respective Supporters or their licensors at all times. Access to the Software or datasets shall not grant a Participant any intellectual property right regarding the Software or dataset.

7.3. The Supporters remain the owners of the intellectual property rights of the Software and – if applicable – information contributed by them regarding the content of the Track.

7.4.        The Software and dataset shall only be used by Participants for the development of a Solution during The Journey Begins and shall not be shared with or provided to any third party. After The Journey Begins, Participants are prohibited to use, copy, open, or share – in any way – the Software and/or dataset with third parties, unless this third party has signed a separate written agreement in which the Supporter who is the owner or licensor of the respective Software that the Participants gives permission to the Participant to use the Software. Contents in cache or stand-alone copies of Software should be destroyed within two weeks after The Journey Begins.

7.5. Each Participant is individually responsible for the safety and confidentiality of the Software, reports, information, and datasets it used during The Journey Begins.

7.6. Participant will inform, without any delay, the relevant Supporter and Transformathon of any loss or unauthorized use of the Software, reports, information, or datasets, including any breach of these Terms.

7.7. It is not allowed to combine provided anonymous data with other software and or datasets in such a way that it may lead – directly or indirectly – to identification of  individual persons/organisations.

  1. Personal data

Transformathon will process and share personal data of the Participant received by Transformathon in relation to the Transformathon Program. For more information see Privacy Policy. 

  1. Image rights

Each Participant acknowledges and understands that by attending any Event he or she may be photographed, videotaped and/or otherwise be recorded by (or on behalf of) Transformathon. Each Participant agrees that all footage, including any and all copyrights and other rights vested therein and thereto, will be owned by Transformathon. Each Participant acknowledges that Transformathon, the Organizer, the Sponsors and/or its affiliates may use these materials to promote and report on the Transformathon Program on web sites and social media.

  1. Liability

In no event shall Transformathon, the Organizer, its affiliates or any of its directors, employees, Supporters or contractors be liable for any direct, indirect or consequential damages arising out of or in connection with the participation of a Participant in an Event, unless such liability arises from gross negligence (in Dutch: grove schuld) or intentional acts (in Dutch: opzet) of Transformathon. Participant shall indemnify and hold the Organizer and its officers, directors, employees, successors and assigns harmless against any claims, losses, damages, liabilities and expenses (including reasonable attorneys’ and other professionals’ fees) incurred by the Organizer in connection with, arising out of or relating in any way to the Transformathon and/or this Agreement.

  1. Variation

 Elements and details of Transformathon Program are subject to modification, suspension, and/or cancellation without notice and at the Organizer’s sole discretion.

  1. Severability

In case one or more of the provisions contained in these Terms should be invalid, illegal or unenforceable, the enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any provision of these Terms which is invalid, illegal or unenforceable shall, to the extent permitted by law, be deemed substituted by a provision that is valid, legal or enforceable, and of which the operation and effect is as similar as possible to the provision that it substitutes.

  1. Disputes

These Terms shall be governed by and construed in accordance with Dutch Law.  Regarding any dispute arising out of or in connection with these Terms, parties shall try to reach agreement through amicable settlements. In case parties do not reach an agreement on the dispute, the dispute shall be exclusively settled by the competent court of Zuid-Nederland, the Netherlands, subject to appeal and cassation