TypingDNA Hackathon Official Rules

By participating in the Hackathon, you expressly acknowledge and agree that you have read and understand all terms and conditions in this Officials Rules. 

The TypingDNA Online Hackathon organized by TypingDNA (the “Hackathon”) is a skill competition with the object of deployment of any kind of solutions using TypingDNA API. The Hackathon and all Entrants and Entries, including code (“Entries”), are subject to and governed by the Sponsor’s Service Terms (“ST”), Privacy Policy and these Official Rules (“Official Rules”).

By applying to and/or participating in the Hackathon, the Entrants agree to be bound by these Official Rules and by the Sponsor’s ST and Privacy Policy. We advise all the participants to read them carefully. 

1. Definitions.

“Affiliates” means any entity that Controls, is Controlled by, or is under common Control with TypingDNA Inc. “Control” means direct or indirect ownership, through one or more intermediaries, of more than 50% of an entity’s voting capital or other voting rights;

“Entrant” or “Entrants” Each separate Individual, Organization, and Team, together with all their respective Individual constituent members, that submits a valid Entry for the Hackathon;

“Entry” a functional project using TypingDNA API, sent/uploaded by the Entrant on the Hackathon Website;

“Hackathon Period” The Submission Period, Judging Period and potential Winner Announcement dates and phases of the Hackathon;

“Individual” A natural person who is at least 18 years old and the age of majority where they live and eligible under section 4 below to participate in the Hackathon;

“Judges” Persons designated by the Sponsor to evaluate and score Entries for determining a Hackathon Winner;

“Organization” A lawfully formed and recognized business entity or organization comprised of and representing 2 or more Individuals;

“Representative” Any 1 Individual designated and authorized by a Team or Organization to represent, act, and enter on their behalf and to legally bind them (and be bound) to comply with the Official Rules;

“Team” Any associated group comprised of and representing 2 or more Individuals and that is not an Organization;

"Territory" Countries where eligible Entrant(s) are domiciled worldwide that are not expressly excluded under section 4B below.

 2. Sponsor & Administrator.   

Sponsor (the “Sponsor”): TypingDNA Inc., with its registered office at 81 Prospect Street, Brooklyn NY, 11201, registered in United States, a Delaware registered company.

Administrator (the “Administrator”): Devpost, Inc. (“Devpost”), 222 Broadway, 19th Floor, New York, NY 10038.

3. Binding Agreement. Participation in the Hackathon is governed by any Hackathon details provided in Hackathon Website and by these terms and conditions and constitutes the Entrant’s full and unconditional agreement to these Official Rules. By entering, an Entrant agrees that all decisions related to the Hackathon that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of the Sponsor and/or Administrator. Judges will choose the winning Entries, and prizes will be awarded in accordance with these Official Rules  

4. Eligibility Criteria. 

A. This Hackathon is open to:

a. Individuals. The participants’ age shall be subject to verification prior to awarding any prize.

b. Teams formed by eligible Individuals;

c. Organizations.

B. This Hackathon is not open to:

a. Natural persons which are not at least 18 years old, or Teams or Organizations which include a member or members who are under 18 years old;

b. Participants residing in any country embargoed by the United States such as Brazil, Quebec, or any country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize in the Hackathon (including, but not limited to, Cuba, Sudan, Iran, North Korea, Syria and any other country designated by the United States Treasury's Office of Foreign Assets Control). Each participant is responsible to ensure that he or she is legally eligible to enter the Hackathon and receive a Prize under any applicable laws in their jurisdiction of residence or otherwise.

c. The employees, officers, directors, agents, representatives and their immediate families (spouse, parents, children, siblings and each of their spouses regardless where they live) or members of household of TypingDNA Inc., or its Affiliates, and subsidiaries and any individual connected with the production or distribution of this Hackathon are not eligible to enter or be awarded a prize. 

5. Contest period. The Hackathon has the following phases:

a. Submission Period: September 15, 2020 (01:00am Eastern Time) – October 31, 2020 (5:00pm Eastern Time) (the “Submission Period”);

b. Judging Period November 3, 2020 (10:00am Eastern Time) – November 15, 2020 (5:00pm Easter Time) and 

c. Winners Announcement: November 16, 2020 (05:00pm Eastern Time) 

All dates and times are subject to change, in Sponsor’s sole discretion. Sponsor's clock represents the official timekeeper for the Hackathon. 

6. Submission Requirements. To enter, the Entrants must follow the steps below:

a. Prior to the Submission Period, all Entrants must register for the Hackathon on the https://www.typingdna.devpost.com (“Hackathon Website”) by clicking the “Join Hackathon” button. To complete registration, the Entrant should sign up to create a Devpost account, or just log in if he or she already has a Devpost account. Creating/having an account is the only way to access the “Start Submission”; 

b. Hit the “Start Submission” button and complete all of the required fields on the “Start Submission” page of the Hackathon Website during the Submission Period;

c. Create and upload a video (“Video”) which explains the Entrant’s application’s characteristics/features/functionality through a comprehensive demonstration. The Video should be shorter than 5 minutes;

d. Entrants must provide the Sponsor with (i) access to the Entry, (ii) access to code repository, (iii) the Video (iv) answers to the Sponsor’s questions on Devpost platform, if any;

e. Have all the necessary rights to submit the Entry for the Hackathon.

 Only fully completed Entries are eligible, in Sponsor’s sole discretion. In the sole and absolute discretion of Sponsor, Sponsor shall be entitled to disqualify an Entrant or a Team or an Organization in the event of failure to meet relevant eligibility criteria or any other violation or suspected violation of these Official Rules.

7. Requirements 

Entrants must comply with all of the following requirements (“Requirements”): 

a. To be eligible, all Entries must be submitted in the English language (if the Entries are submitted in other language than English, the Entrants must provide the Sponsor with an accurate, complete written English translation) and received by Sponsor and Administrator during the applicable Submission Period.

b. Entries must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity. All Entries, including application software, depictions or disclosures of or about personally identifiable persons or data, images or other intellectual property comprising Entries must be solely owned by, licensed to, lawfully in the public domain, and/or properly permissioned for all the uses made by the Entrant (including parental or legal guardian permission in cases of disclosure or depiction of a personally identifiable minor or their data).  Any part of an Entry not lawfully in the public domain, owned or properly permissioned or licensed is expressly prohibited. Sponsor may at any time request written proof of ownership or proper license or use of any material comprising the Entry. Failure to evidence such proof timely or to Sponsor’s satisfaction may result in ineligibility and disqualification of the Entrant and/or Entry.

c. Entries must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, Sponsor, or any third party.

d. All information provided to register for the Hackathon must be true and correct and the Entrant is the only responsible for keeping such information up-to-date.

 8. Judging Criteria and Winner Selection. Entries that fail to meet the Eligibility Criteria and the Requirements by the end of the Submission Period will be deemed incomplete and may be subject to disqualification. Judges will review and rank each eligible Entry received as follows:

 9. Winner Notification. The potential Winners shall be notified in or about 5 days after the Submission Period is closed. The Administrator or Sponsor will attempt to notify eligible potential winners by contacting the Individual or the Representative associated with the Entry by telephone and/or email, at Sponsor’s discretion. In case of no response received from the potential winner to the notification attempt within three (3) business days, then the Entrant may be disqualified and the Sponsor will select another potential Winner, who will be selected from among the Entries based on the same Judging Criteria. 

 The potential Winners may be required to sign an affidavit of eligibility (which affirms that the Entrant has complied with these Official Rules) as well as a liability release, each of which, if issued, must be completed, signed and returned within ten calendar (10) days from date of issuance, or the prize will be forfeited and awarded to an alternate winner. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Entrants. If a potential Winner is a U.S. citizen, he/she must also sign and return an IRS W-9 form, or if a foreign resident, an IRS W-8BEN form, within the stated time in order to claim the prize. 

10. Prizes.

 The Sponsor will provide all Entrants with a 3 months TypingDNA Pro License subscription. 

 An Entrant is eligible for winning multiple prizes with the same Entry

 Except the subscription provided by TypingDNA to the Entrants, all prizes will be awarded to the Individual Entrant or Representative mentioned in the Entry. It will be the responsibility of the Representative to distribute the prize among their Team or Organization’s participating members, as the Representative deems appropriate.

 Neither Administrator nor Sponsor and its Affiliates will have any responsibility or liability for any dispute regarding any Entrant, the identity of any Individual, or the distribution of any prize among any Team or Organization. In the event that any dispute regarding an Entry or Entrant cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible and the corresponding Entrant (whether Individual, Team, or Organization) will be disqualified. 

 A winning Entrant must provide a mailing address and proof of residency, bank information, and/or create an account with an electronic payment provider of the Sponsor or Administrator’s choosing in order to receive any cash or equivalent prize or prize component. Prize elements delivered by mail will only be mailed to the winning Entrant’s address within the Territory.  

Entrants are the only responsible for any inability or unwillingness of any winning Entrant to accept or use the prize (or portion thereof) for any reason. If a winner does not accept or use the entire prize for any reason, the unaccepted or unused part of the prize will be forfeited, and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for and will not replace any lost, broken or stolen prize or prize element or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. Any cash alternatives to non-cash prizes are not available and no transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or any prize component with another prize or component of approximately equal or greater value for any reason and if any prize component or activity is cancelled or postponed for any reason due to circumstances beyond the Sponsor's control, the balance of components comprising the prize will be distributed to the winner in full and complete satisfaction of prize award.

 11. Taxes. All taxes and fees (including, without limitation, national, federal, state, provincial, territorial, prefectural, and/or local taxes, customs duties, fees, currency exchange charges), as well as any other expenses arising from the acceptance, receipt, or use of any prize and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the Individual winner(s). Entrants waive the right to assert as a cost of winning the prize, all costs of verification and redemption and any liability and publicity that might arise from claiming or seeking to claim a prize. As mentioned in section 9, winners must provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9 and residents of other countries are required to provide a completed W-8BEN form. Winners are each also responsible for complying with foreign exchange and banking regulations in their respective jurisdiction and reporting the receipt of the prize to relevant government departments/agencies, if necessary. 

 The Sponsor and/or Administrator reserve the right to withhold a portion of the prize amount (up to 30%) in order to comply with the tax laws of the United States or those of a winner’s jurisdiction. 

12. Intellectual Property. Subject to the provisions mentioned below, any applicable intellectual property rights to an Entry will remain with the Entrant. Neither Administrator nor Sponsor and its Affiliates has and will not have, now and in the future, any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of any Individual Entrant’s patent, copyright or other proprietary rights in and to an Entry or any of its component parts.

 The Entrants understand and agree that the Sponsor is a fast-growing company and, for this reason, many ideas, including ideas for applications and online services developed by or which may be developed by the Sponsor in the near future may be competitive with, similar to, or identical to Entry, Video, and/or each other in idea, function, components, format, or other respects and no Individual or other Entrant will be entitled to any compensation as a result of any use or development by Administrator or by Sponsor and its Affiliates of any such similar or identical applications, products or services. 

13. General Conditions. Sponsor reserves the right in its sole discretion to disqualify any Entrant from the Hackathon in case it reasonably believes that the Entrant has attempted to undermine the Hackathon by cheating, deception, or in case the Entrant abuses, threatens or harasses the Sponsor. Sponsor reserves the right, in its sole discretion and without prior notice, to suspend or cancel the Hackathon or any part of it or alter the Official Rules for any reason, including but not limited to alteration or corruption of the Hackathon by computer virus, technical problem, electronic viruses, malicious software attacks, unauthorized human intervention, systems malfunctions, failures, difficulties or other causes and unforeseeable events beyond the control of the Sponsor. Nothing contained herein shall constitute an offer of employment and the relationship between any Individual Entrant and Administrator or Sponsor and its Affiliates is not a confidential, fiduciary, or any other special relationship.

 14. Privacy. Entrants agree that personal data submitted with an Entry, including without limitation name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used by Sponsor and its Affiliates for the purposes of conducting and administering the Hackathon. Sponsor may also use the Entrant’s personal information to send him/her updates and promotional materials from time to time. The information collected is subject to Sponsor’s privacy policy located at https://www.typingdna.com/legal/website-privacy-policy. By participating in the Hackathon, the Entrant agrees to Sponsor's Privacy Policy, as it may apply to the collection and use of his/her personal information and acknowledge that the Entrant has read and accepted Sponsor’s Privacy Policy. 

In the event that the Entrant is located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as the Entrant’s jurisdiction, and the Entrant consent to the transfer of information to the U.S. or any other country in which Sponsor, its parent, subsidiaries, Affiliates, or service providers maintain facilities and the use and disclosure of information about the Entrant, as described in Sponsor’s Privacy Policy.

15. Publicity. Except where prohibited by the law, each Entrant gives his/her express consent for Sponsor and its Affiliates to use, copy, distribute or reproduce information about the Entrant including, but not limited to, Entrant’s name, voice, likeness and/or image in any medium (including, without limitation, in print, via television, via the internet, via email or in any other media now known or hereafter devised) with the purpose of evaluating Entries, administering the Hackathon, announcing winners, and for any marketing or promotional purposes, without any further approval, notice, or compensation beyond the opportunity to win a prize in this Hackathon.  

16. Limitation of Liability. By entering this Hackathon, all Entrants agree to be bound by the Official Rules and hereby release the Administrator and/or the Sponsor and its Affiliates from any and all liability related to the prizes or Entrant’s participation in the Hackathon. This release shall not be applicable to gross negligence or intentional acts, or events of death or body injury where such limitation is not legal.

17. Warranty and Indemnity. The Entrant warrants that his/her Entry is his/her own original work and, as such, is the sole and exclusive owner and rights holder of the submitted Entry and that he or she has the right to submit the Entry in the Hackathon and grant all required licenses. To the maximum extent permitted by law, the Entrant agrees to defend, indemnify and hold harmless Sponsor, its Affiliates and the Administration from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from: (i) any Entry, algorithm, or other material uploaded or otherwise provided by the Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by the Entrant regarding the Hackathon; (iii) any non-compliance and breach of these Official Rules and the representations and warranties set forth herein; (iv) claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Entrant’s participation in the Hackathon; (v) acceptance, possession, misuse or use of any prize or participation in the Hackathon, including but not limited to statutory and common law claims for misappropriation or right of publicity; (vi) any malfunction or other problem with the Hackathon Website in relation to the Entry and his/her participation in the Hackathon.

18. Disputes and Governing Law. Except where prohibited by law, any and all disputes, claims, and causes of action between an Entrant, Administrator, or Sponsor and its Affiliates arising out of or in connection with this Hackathon, the determination of any winner, or any prize awarded must be resolved individually, without resort to any form of class action.

These Official Rules shall be governed by, subject to, and construed in accordance with the laws of the State of New York, United States of America, excluding all conflict of law rules. If any provision(s) of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The Entrant shall not be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (i.e., costs associated with entering this Hackathon), and the Entrant further waives all rights to have damages multiplied or increased.

Any disputes between the Entrants and Administrator and/or Sponsor shall be resolved by the state or federal courts of New York, United States.