SMARTONE HACKATHON 2019
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
The aim of the Agreement is to set out the terms and conditions governing your participation in the Hackathon. By registering for this Hackathon, you (the “Participant”) fully and unconditionally agree to comply with the Agreement. If you do not agree with any of the Agreement, do not register for this Hackathon.
1. SPONSOR & ADMINISTRATOR:
“SmarTone Hackathon 2019” to be held starting on Saturday, 26th October, 2019 and ending on Sunday, 27th October, 2019 ("Hack Days") at Function Room, Cyberport 3, 100 Cyberport Road, Hong Kong (“Hackathon”) is sponsored by SmarTone (“Sponsor”), and is held in partnership with BeSpark, Cyberport, Microsoft, Sun Hung Kai Properties, SUNeVision, Cyberport, Microsoft, Ping An OneConnect Bank, BeSpark, and YATA (“Partner”).
Agorize Asia, 2/F, The Hive, 33-35 Hillier Street, Sheung Wan, Hong Kong (the “Administrator”), is the Administrator of the Hackathon, responsible for the Agreement, administrations, and operation of the Hackathon. The Sponsor is not responsible for the Agreement, administration, or operation of the Hackathon.
2. REGISTRATION AND PARTICIPATION IN THE HACKATHON
To register, the Participant must firstly create a user account on https://www.agorize.com/en/challenges/smartone-hackathon-2019
(the “Hackathon Website
”) and must have truthfully and accurately completed required information. Any registration based on inaccurate, false or incomplete information will result in the Participant’s disqualification. Administrator reserves the right to proceed all necessary verifications regarding the Participant’s identity and personal information.
Deletion of a Participant’s user account on Hackathon Website will be deemed as a withdrawal from the Hackathon. In this case, the Participant, regardless of whether the deletion results from the Participant’s personal act or not, will not participate in the Hackathon, and will not obtain any compensation.
You must also have accepted the Agreement as well as the Terms and Conditions of Use
, during the creation of your user account and registration to the Hackathon.
3. ELIGIBILITY CRITERIA
Participation in the Hackathon is subject to the following conditions:
3.1 Eligible Individual
An Eligible Individual is a natural person who, at the time of entry, is at least 18 years old.
All Eligible Individuals must form teams of up to 5 (“Teams”). An Eligible Individual cannot join more than one Team. All Eligible Individuals must be able to participate physically in the hackathon.
All members of the Teams must meet the eligibility criteria contained in this Agreement. If any member of your team is ineligible or otherwise fails to comply with this Agreement, the Team as a whole may be disqualified in the Sponsor’s sole discretion. Each team is solely responsible for its own cooperation and teamwork. The Sponsor and the Administrator will not officiate any dispute between members regarding their conduct, participation, cooperation, contribution, prize sharing or intellectual property ownership.
3.3 Registration Requirements
Participants must register for the Hackathon on the Hackathon Website by clicking the “Participate” button and complete the full registration process. The Participants must accept and comply with this Agreement.
By registering, without prejudice to any other consents given to the Administrator and Sponsor, each Team and Team member consents to be contacted by the Administrator and the Sponsor (and their affiliates) during his/her participation in the Hackathon. This Hackathon is void in countries where it is prohibited or restricted by law.
4. PURPOSE OF THE HACKATHON
The goal of the Hackathon is for Participants to develop and submit a prototype during the Hack Days that will meet the requirements determined by the Sponsor in the Hackathon brief, and that are formalized by deliverables. The brief includes information regarding the Hackathon’s information, details of the prizes, Sponsor requirements, etc. (the “Brief”). The Brief is accessible through the Hackathon Website.
The theme to be tackled in this Hackathon is 5G and Smart City. The four main categories are listed as below:
1. Smart Living
2. Smart Transportation
3. Smart Shopping
4. Smart IoT
Your Team must complete the prototype at the submission deadline set by the Sponsor and Administrator. Instructions will be provided on how to check in the code for your prototype during the event.
Winning teams may be subject to a code-review at some point following the Hack Days or immediately before winners are announced.
By delivering a Submission, Participants represent and warrant that:
- The Submission must be the Team’s original work product with fresh idea;
- The Participants of the team own the rights to the Submission, subject to any license terms of the underlying Technology used in the Submission;
- “Technology” means, without limitation, content (including any imagery, audio, and audio-visual content), code, specifications, technical information, algorithms, images, design, art, music, graphics, SFX, data, and any other information or materials protected by any intellectual property right
- The Submission must not have been developed or derived from an application developer, with financial or preferential support from the Sponsor, Partners or Administrator;
- Otherwise, if any data and/or API’s or other copyrightable material owned by third-party has been used in the development of the Deliverable, all rights, authorizations and agreements necessary to submit the Deliverable and grant the rights mentioned herein have been obtained. The existence of uncredited third-party contributions in the Deliverable will result in the disqualification of the Deliverable and the related Participants;
- No other individual and/or entity is entitled to claim any rights from the use of the Deliverable; and
- The content of the Deliverable does not and will not infringe or violate any rights of any third-party or entity, including, without limitation, intellectual property rights, privacy, competition law, confidentiality, or any contractual or extracontractual right. All deliverables suspected of any law(s) and/or any third-party’s right will be ineligible.
In addition, the Submission must:
- Adhere to the terms of service per the Agreement;
- Not breach the terms and conditions of any embedded software or services used by your Application;
- Not contain any malicious code or backdoors;
- Not contain, depict or refer to any crude, vulgar, obscene, sexually explicit, disparaging, discriminatory, offensive, illegal or otherwise unsuitable language, activity or other content (all as determined by the Sponsor in its sole discretion)
- Not contain, depict or refer to any content which disparages or refers negatively to the Sponsor, the Hackathon, or any other person or entity (all as determined by the Sponsor in its sole discretion); and
- Not contain any content that violates any law or any third party’s rights (including privacy, personality and intellectual property rights)
Participants are responsible for and shall bear any costs or expenses associated with preparing and submitting Deliverables. Participants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Deliverables.
5.1 Use of Submission
As a condition of entry, each Team member grants the Sponsor and each of its affiliates, and the Administrator a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, publicly perform, publicly display, or publish any Submissions in whole or in part that is submitted to this Hackathon, for any purpose, including the purposes of allowing the Sponsor to test and evaluate the entry for purposes of this Hackathon, to administer the technical and other requirements of the Hackathon, including distribution of the entry to the Sponsor, and for Prize award, verification and fulfilment.
Each Team acknowledges that the Sponsor, Partners or any of their respective affiliates (“Contest Entities”) engage and have engaged and will in the future engage in the development, preparation, production, acquisition and dissemination of software, technology and other material (collectively, “Materials”), including without limitation Materials that may be similar or identical to a Team’s Submission, and that other people may previously have submitted to the Contest Entities Materials that are similar or identical to a Submission. Each Team agrees that it will not be entitled to any compensation or credit in connection with, and will not have any other legal, equitable or other rights of any nature with respect to, the use by the Contest Entities of any Material that is similar or identical to any Submission or any component thereof.
6. HACK DAYS
Participants who are deemed eligible to participate in the Hack Days will be directly notified by the Sponsor or Administrator. In the event a Participant does not answer after the Administrator has tried to contact him/her by email and by phone, the Administrator reserves the right, at its sole discretion, to disqualify this Participant. This disqualification shall not entitle the Participant to claim any kind of compensation from the Sponsor nor the Administrator.
The Hack Days consists of the hacking period and two rounds of oral demonstration of the Submission by each Team. The Hack Days will take place at Function Room, Cyberport 3, 100 Cyberport Road, Hong Kong from Saturday, 26th October, 2019 to Sunday, 27th October, 2019.
Each Team is required to present and demonstrate the ideas or prototypes resolving the issue in relation to the theme of this Hackathon in front of the judges. Demonstration time may be shortened or lengthened at the Sponsor’s sole discretion upon the final number of entries. The order of demonstrations will be decided by the Sponsor and Administrator in its discretion during the Hack Days and will be notified to all Teams.
7. JUDGING CRITERIA
Eligible Submissions and Demonstration will be evaluated by a panel of judges selected jointly by the Sponsor and Administrator (the “Judges”). Judges may be employees of the Sponsor or external parties, may or may not be listed individually on the Hackathon Website, and may change before the Hack Days.
7.2 Judging Criteria
The evaluation of each Submission will occur immediately after its demonstration with the following criteria:
Each Submission will be scored based on the above stated criteria with a minimum total score of 0 points and maximum total score of 20 points, with the final total score being the average of all the judges’ scores.
Judges are subject to change in The Sponsor's sole discretion. The decisions of the Judge will be final. In the event of a tie, Judge will determine the winner at Judge's sole and final discretion.
The winner(s) will receive the following:
- Champion: HK$ 60,000 for the entire team
- 1st Runner-Up Prize: HK$ 30,000 for the entire team
- 2nd Runner-Up Prize: HK$ 20,000 for the entire team
- More awards will be announced
Winning teams may have a chance to receive:
- Latest gadgets
- Fast-track interview opportunities for Cyberport’s entrepreneurship programmes, either Cyberport Creative Micro Fund (CCMF) or Cyberport Incubation Programme
- Potential investment opportunities in the prototypes that meet the business goals of 5G and Smart City
- Opportunities to develop and deploy a pilot from the Submission project
- Internship opportunities in Sun Hung Kai Properties (with the Group and/or its subsidiaries), under reserve to meet the company’s HR requirement
8.1 Prizes Conditions
All Prize details that are not expressively specified in the Agreement will be determined by the Sponsor and Administrator in its sole discretion. The Sponsor reserves the right to substitute a similar prize (or prize element) of comparable or greater value.
No cash redemption or transfer of the right to receive the prize is permitted, except in the discretion of Sponsor. The prize consists only of the item(s) expressly specified in the Agreement and does not include any travel arrangements or expenses, unless expressly stated in the Agreement. All expenses or costs associated with the acceptance or use of the prize or any component of the prize are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in the Agreement be awarded.
8.2 Prizes Distribution
The Sponsor will not award a Prize if there are no eligible Submissions entered in the Hackathon, or if there are no eligible Teams or Submissions for a specific Prize.
9. WINNER ANNOUNCEMENT AND VERIFICATION
Potential winners of this Hackathon will be announced shortly after the Judging Rounds at the 2nd Hack Day. The Administrator may take any actions necessary to verify a Team’s compliance with the Agreement before awarding a Prize, including, without limitation, engaging a third-party vendor to evaluate the prototype software code and/or requiring a team to provide evidence of permission to use certain third-party materials.
The winner must understand and acknowledge that, despite winner announcement, upon violation to comply with the Agreement, the Sponsor and Administrator will select an alternate winner with the next highest score based on the same judging criteria.
10. FIRST RIGHT OF REFUSAL
Participant agrees that between the event End Date (i.e. Sunday, 27th October 2019) and up to ninety (90) days after, (“Review Period”) the Sponsor may review and confirm the Sponsors’ interest to execute a license for the Sponsor’s use and exploitation of the Concept. Participant and the Sponsor will negotiate in good faith for the terms of a mutually acceptable licensing agreement governing the exclusive worldwide use of the Concept by the Sponsor or a subsidiary or affiliate designated by the Sponsor. If the Sponsor expressly and unequivocally rejects the proposed Concept during the Review Period, or fails to notify Participant of its wish to enter into a license agreement for use of the Concept by the end of the Review Period, or the parties hereto are unable after negotiation in good faith to conclude a license agreement for the use of the Concept within thirty (30) days after the end of the Review Period, Participant may enter into an agreement for use thereof with a third party on terms no more favourable to the third party than those offered to the Sponsor. Participant will notify Sponsor of all interest by any third-party within the Review Period prior to the Participants' release by the Sponsors at the end of the Review Period. The Sponsor shall have the full and unfettered right, upon reasonable notice and during all normal business hours, to audit the terms and conditions of any such third-party license in order to confirm Participant’s compliance with the foregoing. Your Team’s prototype and any other materials submitted in connection with the Hackathon will be referred to herein as your team’s “Submission.”
Your Team’s Submission may be disqualified if the Sponsor and Administrator have reason to believe, in the Sponsor and Administrator’s discretion, that your Submission:
a) contains any element that is malicious, corrupt, damaged, incomplete, inappropriate, or offensive;
c) infringes any third-party intellectual property rights;
d) violates any applicable law or
e) violates or does not comply with any section of this Agreement.
You and/or your entire Team may be disqualified for any of the following actions, with or without warning, in the Sponsor and Administrator’s discretion:
(i) verbal abuse of another participant or Hackathon staff;
(ii) inappropriate touching or harming of another participant or Hackathon staff;
(iii) breach of the Hackathon Participant Agreement or any other agreement entered in connection with the Hackathon;
(iv) violation of or non-compliance with any section of this Participation Agreement or
(v) violating the spirit of the Hackathon.
If the Sponsor and Administrator have reason to believe that you or your team has compromised the integrity or the legitimate operation of this Hackathon, or has attempted to compromise the integrity or the legitimate operation of this Hackathon, including, without limitation, by cheating, hacking, creating a malicious bot or other automated program, or by committing fraud in any way, your team will be disqualified and asked to leave the premises of the Hack Days.
If during the Hackathon, any Hackathon staff has reason to believe that your health is in danger, you may be required to discontinue your participation in the Hackathon and asked to seek immediate medical assistance. Your teammates, if any, may continue participating in the Hackathon if they so choose.
All disqualification decisions are final and not subject to appeal.
12. INTELLECTUAL PROPERTY
Definitions. For the purposes of this section,
- "Intellectual Property Rights" refers to any copyright or other rights over a brand, a design or a model, a patent and, more generally, any element, (including trade secrets and know-how), that may be protected by national and/or international laws or conventions on intellectual property (“Intellectual Property Rights”)
- “Previous Rights” refer to any Intellectual Property Rights and/or any associated know-how held by the Participants before the start date of the Hackathon (“Previous Rights”)
- “Creations” refer to any software (including source and object code software), database, technical specifications, text, design, model, information, knowledge, method, process or product, as well as any resulting elements and/or processes likely or otherwise to be protected according to national and/or international laws or conventions on intellectual property developed by any Participant as a part of any submitted deliverable throughout the Hackathon (“Creations”).
Warranty of non-infringement. When submitting any Submissions, at any stage of the Hackathon, each Participant guarantees to Sponsor that he/she is the co/owner and/or co/holder of the Intellectual Property Rights regarding all or part of the Creations contained in the Submissions submitted at any stage of the Hackathon, and that he/she has obtained all rights and permissions regarding all pre-existing Creations and any elements of the Deliverables for which he/she does not hold the relevant rights.
Each Participant guarantees (i) that his/her contribution is original and unprecedented; (ii) that it do not infringe upon the copyright or any Intellectual Property Rights of any third party; (iii) that all the elements of which his/her submissions are formed, as well as all pieces of contributions and information communicated in the submission presentation documents are accurate, reliable and complete; and (iv) that the submission of the relevant Deliverables does not constitute an act of unfair competition of any kind.
It is compulsory for Participants to indicate the source of any pre-existing Creations of whichever nature and on whichever support that are included in any submitted deliverable. Any Deliverable involving several Participants constitutes a collaborative work and it should be treated as such in accordance with the applicable regulation in force.
Liability. Sponsor cannot be held liable for any infringement of the above provisions by Participants. Each Participant shall indemnify Sponsor against any disturbance, action, claim, opposition and demand or eviction attempt from any third party in connection with any Creation in the Deliverables (Intellectual Property Rights included).
By submitting a Submission and participating in this Hackathon, you are not granting Sponsor any rights to any intellectual property supporting all or part of the Deliverable and Sponsor makes no claim to ownership of your Submission or any intellectual property that it may contain.
Participants who are winners of the Hackathon grant an exclusive option for the Sponsor to purchase part or all the intellectual property rights included in any of the Submissions and to the Creations submitted during the Hackathon.
This option is subject to the following and cumulative conditions:
- the Sponsor will benefit from an exclusive purchase option for a duration of twelve (12) months from the date of the announcement of Hackathon winners;
- it is understood that any affiliates and/or subsidiaries of the Sponsor may exercise this purchase option;
- the Sponsor shall notify the Participant in writing of its intention to exercise the option;
- negotiations will be exercised based on good faith between the involved parties;
if the involved parties so agree, any monetary compensation comprised in the prize could be understood as whole or part of the purchase price.
13. MODIFICATION OF AGREEMENT, SUSPENSION AND CANCELLATION OF THE HACKATHON
Update of the Agreement. The Sponsor reserves the right to amend the Agreement at any time, including the Hackathon duration in case of operational imperatives, without prior notice to Participants regarding the enforcement or the validity of these amendments. Participants are encouraged to consult the Agreement regularly. Participants expressly waive all claims or disputes related to any amendment to the Agreement by the Sponsor.
Should any paragraph of the Agreement be declared or judged illegal, unenforceable or void by a court decision, the paragraph in question will be considered null and void, but all other unaffected paragraphs will be enforced within the limits of the law.
Hackathon Cancellation or Suspension. The Sponsor reserves the right in its discretion, to (i) cancel, terminate, modify or suspend the Hackathon and the Agreement, for any reason, at any time and without any liability, and (ii) to limit or restrict participation in the Hackathon. The Sponsor will not be held liable for the modification, cancellation or suspension of the Hackathon and no compensation or remuneration will be due to the Participants.
14. LIMITATION OF LIABILITY
The Sponsor will in no way be held liable in the event of breakdown or failure, regardless of the cause, of any telecommunications network used that causes Participants difficulty in or prevents Participants from identifying themselves on or gaining access to the Hackathon Website.
Without limiting the foregoing, everything on the Hackathon Website and in connection with the Hackathon is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Participation in the Hackathon implies acknowledgement and acceptance of the characteristics, limits and risks of the internet and related technologies, particularly with regards to performance, response time, security of software and computer equipment against various potential attacks, such as viruses, logic bombs or Trojans, and loss or misuse of data. As a result, the Sponsor will not be held liable in any way for any damage incurred by Participants arising from these characteristics, limits and risks, which Participants accept by registering and taking part in the Challenge.
The Sponsor will not in any case be held liable for damages resulting from faults with or delays in the submission of deliverables by Participants, including refusal to accept these deliverables as a consequence of their submission outside the deadlines set out in the Agreement, from faults with or delays to the sending of any emails by the Participant sent as part of the Hackathon, or from any alterations made to the deliverables independently of the Sponsor.
The Sponsor will not in any case be held liable for damages resulting from services provide by a third-party relating to the prizes.
The failure of the Sponsor to comply with any provision of these Agreement due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (except compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of the Agreement.
The Sponsor will not be held liable for the consequences of a Participant’s disqualification from the Challenge as a result of their violation of the Agreement.
Participation in the Hackathon requires the communication of the Participant's personal data ("Personal Data").
Participant’s personal data is subject to processing within the meaning of the regulations on the protection of personal data (The EU 2016/679 General Data Protection Regulation and the Council of 27 April 2016, known as GDPR) for which the Sponsor defines the purposes and means and is, as such, “Data controller” within the meaning of the GDPR.
The purposes of the processing are:
- To meet the organization of the challenge needs
- To organize the intermediation between the Participant and the Sponsor, to ensure identification, communication and preservation of the exchanges with the Participant
In accordance with the provisions of the GDPR, the Sponsor undertakes to implement organizational and technical security measures in order to protect all Participant’s Personal Data. The Sponsor undertakes to allow the exercise of their rights from GDPR.
16. CODE OF CONDUCT
Harassment includes offensive verbal comments related to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, nationality, religion, sexual images in public spaces, deliberate intimidation, stalking, following, photography or audio/video recording against reasonable consent, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention.
Photography from Participants is encouraged. However, other Participants must be given a reasonable chance to opt out from being photographed. If they object to the taking of their photographs, comply with their request. It is inappropriate to take photographs in contexts where people have a reasonable expectation of privacy (in bathrooms or where participants will be sleeping). Participants asked to stop any harassing behaviour are expected to comply immediately.
Due to the nature of a Hackathon, all hacks created at our Hackathon are equally subject to the anti-harassment policy. By the same standard, the Sponsor, Administrator, and all its affiliates are also subject to the anti-harassment policy. In particular, Sponsor should not use sexualised images, activities, or other material. Sponsor representatives (including volunteers) should not use sexualised clothing/uniforms/costumes, or otherwise create a sexualised environment.
If harassment incidents do occur or any harassment incidents or any other related concerns are made aware, please contact a member of the Hack Days staff immediately. Hackathon staff will assist the Participants to contact any security or local law enforcement, provide escorts, or otherwise assist those experiencing harassment to feel safe for the duration of the Hack Days. Your attendance is highly valued by the Sponsor and Administrator.
If a Participant engages in harassing behaviour, the Sponsor and Administrator may take any actions deemed appropriate, including warning the offender or expulsion from the Hackathon with no compensation.
All Participants are expected to follow the Agreement at the Hackathon and venue and other Hackathon-related events.
17. VIDEO TAPING AND STILL PHOTOGRAPHY
By participating in the SmarTone Hackathon 2019, all Participants agree to be photographed and videotaped by the Sponsor or its contractors without receiving compensation of any kind. You understand that the images and footage may be broadcast, displayed, reproduced, edited, exhibited, used and distributed by the Sponsor over the Internet and/or any other communication medium now existing or hereafter created, for promotional, revenue producing and/or any other purpose as the Sponsor determines in its sole and absolute discretion. This authorization explicitly includes the use of your name, likeness, and/or voice. You may opt out of being photographed and/or videotaped by informing the Hack Days staff upon check in at the Hack Days that you do not consent to be photographed or videotaped, or by approaching the photographers or videographers directly.
The Challenge and any action related thereto shall be governed by the law applicable to Hong Kong.
In case of persistent litigation beyond a period of fifteen (15) days after the Participant has filed a claim, the Sponsor and the Participant undertake to submit their dispute to an amicable conciliation prior to any legal proceedings. The party wishing to initiate conciliation shall inform the other party by means of a registered letter with acknowledgment of receipt in which it will inform of its intentions and will explain the cause. If no agreement is reached between the parties within thirty (30) days after receipt of the registered letter, the parties regain their freedom of action.
In case of persistent disagreement on the application or interpretation of the Agreement, and in the absence of an amicable settlement, any dispute that may arise between the parties, will be subject to the exclusive jurisdiction of the Hong Kong courts to which the parties expressly grant jurisdiction, even in the case of multiple defendants, in summary proceedings, appeal by guarantee or by motion. or any other jurisdiction.
SMARTONE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH SMARTONE HACKATHON 2019 THESE HACKATHON RULES. YOU HEREBY RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS SMARTONE AND ITS EMPLOYEES, OFFICERS, AFFILIATES, AGENTS, PARTNERS, JUDGES AND ADVERTISING AND PROMOTIONAL AGENCIES FROM ANY AND ALL DAMAGES, INJURIES, CLAIMS, CAUSES OF ACTIONS, LIABILITY OR LOSSES OF ANY KIND (INCLUDING ACTUAL LEGAL FEES AND EXPENSES), KNOWN OR UNKNOWN, ABSOLUTE OR CONTINGENT, NOW OR IN THE FUTURE ARISING FROM OR RELATED TO: (A) YOUR FAILURE TO COMPLY WITH ANY OF THE HACKATHON RULES (B) ANY MISREPRESENTATION YOU MAKE UNDER THE HACKATHON RULES OR OTHERWISE TO SMART PROPERTIES; (C) YOUR PARTICIPATION IN SMARTONE HACKATHON 2019; OR (D) YOUR RECEIPT, USE OR REDEMPTION OF ANY PRIZE, OR YOUR INABILITY TO RECEIVE, USE OR REDEEM ANY PRIZE.