Hackathon Rules

ABBREVIATED DISCLOSURES FOR PRINT ADVERTISING, INTERNET & MARKETING MATERIALS:

The first Hackathon begins on or about February 8, 2014, and the second Hackathon begins on or about March 29, 2014.  Open only to individuals who are U.S. citizens or permanent residents of the fifty (50) United States and its territories (unless entering as part of a team, which has appointed as a team leader a person meeting such requirement) who are eighteen (18) years of age or older.  To participate in the Hackathon, each entrant will be required to pay a twenty dollar ($20.00) USD (if paid in advance) or thirty dollar ($30.00) USD (if paid at the door) non-refundable entrance fee.  See Hackathon Rules at fincapdev.com/hackathons/rules for additional eligibility restrictions, prize descriptions/restrictions and complete details.  Odds of winning depend on the number of eligible entries received.  Administrators: D2D Fund, Inc. and The Financial Innovations Center, Inc., d/b/a the Center for Financial Services Innovation.

Effective Date:  Last updated on ____________, 201__

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN.  EXCEPT FOR THE ENTRANCE FEE, A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED. HACKATHON IS ONLY OPEN TO THOSE WHO REGISTER IN ACCORDANCE WITH THESE RULES.

 

INTRODUCTION

 

By participating in any of the two (2) 2014 Financial Capability Development Competition (“FinCapDev 2014″) hackathon events taking place on February 8-9, 2014 in San Francisco, California, and March 29-30, 2014 in New York, New York (each, a “Hackathon” and collectively, the “Hackathons”), you will become a “Participant” subject to the terms and conditions set forth in these FinCapDev 2014 Hackathon Rules (these “Rules”) for purposes of that particular Hackathon.  Participation in a Hackathon constitutes your full and unconditional agreement to these Rules.  If you do not agree to abide by these Rules, you will not be permitted to participate in a Hackathon.  If changes are made to these Rules, the changes will apply to you automatically.  Any such changes will be reflected at this URL and the effective date of the revised rules will be provided.  FinCapDev 2014 and the Hackathons are administered and operated by D2D Fund, Inc. (“D2D”) and The Financial Innovations Center, Inc., d/b/a the Center for Financial Services Innovation (“CFSI”) (D2D and CFSI collectively, the “Administrators”).

 

FinCapDev 2014 and the Hackathons are intended to foster development of the best mobile applications (“Apps”) that promote financial access and/or financial capability.  FinCapDev 2014 is a mobile app development competition that helps millions of underserved Americans make smarter financial choices and achieve better access to financial services.  The Hackathons will promote the same fundamental mission.  Apps will be developed to solve for the types of financial stresses and opportunities outlined in the U.S. Financial Diaries case studies; USFD is a research project tracking more than 200 low- and moderate-income households over the course of a year, and collecting highly detailed data on household financial activity.  Participants are strongly encouraged to develop functioning Apps and prototypes that integrate data to promote financial access and/or financial capability in the United States.  All eligible entries will be assessed according to the criteria described below, and one (1) winner and two (2) runners-up will be chosen for each Hackathon based on these criteria.  An audience-selected “Hackers’ Choice” prize for “most promising App” will also be awarded at the time of judging.

 

While each Hackathon is a standalone event, the winner of each Hackathon will automatically be eligible to submit the App developed during the Hackathon for Phase II (App Design and Development) of FinCapDev 2014.  If a Hackathon winner decides to submit the winning App, the winner will be deemed a “Contestant” and a “Finalist” in FinCapDev 2014, and will be required to register for FinCapDev 2014 and abide by the FinCapDev 2014 Official Rules, which are available at fincapdev.com/rules.  The winner will be required to complete an official proposal as required by the FinCapDev 2014 Official Rules, despite being fast-tracked into a Finalist slot.  Any Participant is welcome to both participate in the Hackathon and also enter FinCapDev 2014 by applying through the traditional application process.

 

The Hackathons are subject to all applicable Federal and state laws and regulations, including, without limitation, laws and regulations relating to privacy and data collection.

 

ELIGIBILITY

 

The Hackathons are open to Participants who are:

 

  1. individuals who are U.S. citizens or permanent residents of the fifty (50) United States and its territories, and who are at least eighteen (18) years old at the time of entry; or

 

  1. teams comprised of a maximum of four (4) individuals, each of whom is at least eighteen (18) years old at the time of entry, provided that each member of a team must be a full-fledged member of the team, and that each team identifies a team leader who is a U.S. citizen or a permanent resident of the fifty (50) United States and its territories; provided that while teams may be comprised of individuals working for the same employer, teams may not act on behalf of or represent such employer.  If you enter as part of a team, you may not separately enter as an individual, and each individual may join only one team. Teams may be formed at the Hackathon event itself, provided that team status is confirmed with the Administrators by 6:00 P.M. local time on the first night of the relevant Hackathon.

 

The Administrators have the right, in their sole discretion, to determine whether a potential Participant is eligible to participate in a Hackathon. The following individuals are not eligible to participate in the Hackathons:

 

  • any employee of the Administrators (and their respective parent companies, subsidiaries, and other affiliates) and any member of such employee’s immediate family or household;
  • any individual involved with the design, production, promotion, execution, or distribution of the Hackathons and each member of any such individual’s immediate family or household;
  • any employee of an entity providing the Administrators with monetary support for the operation and/or organization of the Hackathons (each such entity, a “Sponsor”) and each member of any such employee’s immediate family or household;
  • each Hackathon judge and each member of his or her immediate family or household; and
  • any individual that employs the official judges or that otherwise has a material business relationship or affiliation with the judges.

 

For purposes hereof, (a) the members of an individual’s immediate family include such individual’s spouse, children and step-children, parents and step-parents, and siblings and step-siblings, and (b) the members of an individual’s household include any other person that shares the same residence as such individual for at least three (3) months out of the year.

 

You and/or your team are responsible for obtaining all required approvals, consents and authorizations, if any, that may be required in order for you to participate in a Hackathon and submit an App for final judging, including approvals, consents and authorizations that may be required from your employer.

 

In order to participate in a Hackathon, each individual participating in the Hackathon will be required to pay a non-refundable entrance fee, which will be in the amount of (a) twenty dollars ($20.00) USD if paid in advance via Eventbrite on the Hackathon website located at fincapdev.com/hackathons, with a cutoff time of 5:00 P.M. Eastern Standard Time the day before the relevant Hackathon or (b) thirty dollars ($30.00) USD payable at the door in cash on the day of the relevant Hackathon.  The aggregate fees collected as entrance fees for a Hackathon and that are actually received by the Administrators will be awarded to the Participant winning the “Hackers’ Choice” award for most promising App at such Hackathon.  A winner of the first Hackathon may not participate in the second Hackathon.

 

Participation in a Hackathon constitutes a Participant’s full and unconditional agreement to these Rules and the Administrators’ decisions, which are final and binding in all matters related to the Hackathons.  Eligibility for a prize is contingent upon fulfilling all requirements set forth in these Rules.

 

REGISTRATION GUIDELINES AND REQUIREMENTS

 

Hackathon Periods and Locations:

 

  • Hackathon 1:  February 8-9, San Francisco, California
  • Hackathon 2:  March 29-30, New York, New York

 

The precise location and timing of each Hackathon will be disclosed on the Hackathon website (fincapdev.com/hackathons) in advance of the event.

 

To participate in a Hackathon, you, or, if you are a member of a team, you and each member of your team, must attend the Hackathon event and be registered for the Hackathon.   Participants may register for a Hackathon in advance online through Eventbrite, via a link provided on the Hackathon website at fincapdev.com/hackathons until 5:00 P.M. Eastern Standard Time the day prior to the Hackathon, or day-of in person before 10:00 A.M. local time on the first day of the Hackathon at the Hackathon location.  A Participant entering as a team will be required to identify a “team leader” as part of the registration process.

 

Participation in and registration for one Hackathon does not constitute registration for the other Hackathon.  Walk-in participants will only be admitted on a space-permitting basis.  The Administrators may elect to admit or deny entry to walk-ins in their sole discretion.

 

Administrators are not responsible for any expenses relating to a Participant’s travel to or from a Hackathon, or any related expenses such as lodging, meals, or transportation.

 

How to submit an entry:

 

SUBMISSION GUIDELINES AND REQUIREMENTS

 

You or your team must submit your App in accordance with these Rules.  Any Apps submitted that are not in compliance with these “Submission Requirements” will be deemed ineligible, and will not be considered in the final judging.

 

Your App must relate to the theme of promoting financial access and/or financial capability, and must comply with the following submission requirements.  App submissions that do not comply with such requirements will be deemed ineligible, and will not be considered.

 

Submitted Apps must:

 

  • be germane to the theme of personal finance; and
  • address the needs of financial capability or access.

 

Submitted Apps may not contain any content that:

 

  • is inappropriate, offensive, or which does not relate to the subject matter of the Hackathons;
  • infringes any third party intellectual property rights, such as if the content contains trademarks or logos owned by third parties or copyrighted materials (unless written permission is obtained);
  • constitutes advertising content;
  • contains any personal identifying information (such as names, telephone numbers, or street addresses); or
  • violates any applicable law.

 

There is a limit of one (1) App submission per Participant, whether an individual or a team, per Hackathon.  All Apps must be started, completed and submitted during the relevant Hackathon period (February 8-9, 2014 for the first Hackathon, and March 29-30 for the second Hackathon).  You may work on the concept for the App prior to commencement of a Hackathon, but you may not bring in pre-developed digital assets, including graphic design assets or code, which relate specifically to the App development at the Hackathon.

 

The Administrators may, in their sole discretion, make available to Hackathon participants floating mentors who will assist during the course of the Hackathon (“Mentors”).  Any conversations or materials shared with a Mentor during the Hackathon will be considered public and not subject to confidentiality obligations.  YOU acknowledge that YOU should seek independent legal counsel to resolve any questions THAT YOU may have about the foregoing.

 

JUDGING CRITERIA AND WINNER SELECTION

 

Hackathon winners will be selected by a panel of judges, who will be appointed by the Administrators in their sole discretion.  Participants will pitch a live demo of their App before the judging panel at the end of the Hackathon event. A demo can be a clickable or non-working prototype, but functioning apps and prototypes are strongly encouraged.  The judging panel will review each entry to determine whether the App meets the below criteria; Apps missing significant aspects of the listed criteria will be screened out.  The final first place winner and the two (2) runners-up will be selected from the full pool of Participants submitting Apps that meet the below criteria.

 

Judges will consider the following four (4) main judging criteria, score each App submission, and confer as a group as to who will be selected as the first place winner and who as the two (2) runners-up:

 

CRITERIA

FACTORS

Innovativeness
  • How new is this idea? This could be a radical innovation or a meaningful new take on an existing product or service.
Impact
  • App has the ability to make its users’ lives better, for example by helping them save more, make better financial decisions, or reduce debt.
Market Viability
  • Does the App show promise of performing in the marketplace?
Functionality
  • How well does App perform the function defined by Participant?

 

A “Hackers’ Choice” award for each Hackathon will also be awarded at the Hackathon.  The recipient of the award will be selected by both Hackathon participants and observers present at the time the selection is made.  The method of selection will be determined by Hackathon organizers prior to the official start of the Hackathon and communicated to the audience sometime before the actual selection is made.

 

PRIZES

 

The first place winner of each Hackathon will receive three thousand dollars ($3,000) USD as a cash prize in addition to the slot as a Finalist in FinCapDev 2014.

 

Each of the two (2) runners-up will receive one thousand dollars ($1,000) USD in cash.

 

Each “Hackers’ Choice” winner will be awarded the aggregate entrance fees collected from all registrants for the relevant Hackathon and actually received by the Administrators.  It is possible that the “Hackers’ Choice” winner may be one of the cash prize winners, in which case such winner will collect both prizes.

 

There will be a maximum of four (4) total winners of each Hackathon, comprised of three (3) judge-selected winners, whether an individual or a team, receiving one (1) cash prize each as set forth above, and one (1) audience-selected “Hackers’ Choice” winner as described above.  Cash prize amounts will be distributed to the winning Participant, if an individual, or to the team leader, if the winning Participant is a team. The odds of winning will depend on the number and quality of entries received by the Administrators.

 

The winner of each Hackathon also will automatically be eligible to submit the App developed at the Hackathon to Phase II (App Design and Development) of the FinCapDev 2014.  If the winning Participant elects to submit their App, the Participant will be required to register for FinCapDev 2014, fill out a proposal, and to abide by the FinCapDev 2014 Official Rules, which are available at http://www.fincapdev.com/. If the winning Participant is a team, at least one (1) or more of the team members may elect to register for FinCapDev 2014 (i.e., not all team members are required to participate), provided that (i) the App submission remains the same and (ii) the members of the team who elect not to participate in FinCapDev 2014 agree to give the participating member(s) all the necessary rights and authority to use, modify and submit the App, as necessary to comply with the FinCapDev 2014 Official Rules. 

 

In the event that the winning Participant declines to accept the Finalist slot in FinCapDev 2014, the Administrators may consider in their sole discretion fast-tracking one (1) of the runners-up to the Hackathon in place of the winning Participant.

 

ALL WINNERS ARE SUBJECT TO VERIFICATION BY THE ADMINISTRATORS, WHOSE DECISIONS (IN THEIR SOLE DISCRETION) ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE HACKATHONS.

 

Winners will be notified at the Hackathon at the time of judging.  The “team leader” is required to be present at the time of judging in order to be eligible to collect the prize.  Each Hackathon winner (or, if applicable, each member of the winning team) will be required to sign and return to the Administrators, within ten (10) days of the end of the relevant Hackathon an Affidavit of Eligibility and Liability/Publicity Release, except where prohibited (to be provided).

 

If a Hackathon winner (or, if applicable, each member of the winning team) cannot be contacted, fails to sign and return the Affidavit of Eligibility and Liability/Publicity Release within the required time period (if applicable), or if the notification is returned as undeliverable, the Hackathon winner forfeits his or her prize.  If a Hackathon winner (or, if applicable, each member of the winning team) is disqualified for any reason, the Administrators may name an alternate Participant who had the highest score among the remaining eligible entries as the winner.

 

All decisions regarding prize awards are final and binding, and no more than the stated number of prizes will be awarded.  Prizes are non-transferable by the winner, except as may be shared among the members of a winning team.  Only one (1) prize per winning team will be awarded.  If a Participant accepts a prize, such Participant will be solely responsible for determining and paying all related applicable taxes.

 

PRESS AND PUBLICITY

 

Except where prohibited, participation in a Hackathon constitutes your (including each of your team members’) consent to the Administrators’ and their agents’ use of your name, likeness, photograph, voice, opinions, and/or hometown and state as well as the general concept of any App submitted by you at a Hackathon for promotional purposes in any media, worldwide, without further payment or consideration.  Winners will be mentioned by name on www.fincapdev.com.

 

CONFIDENTIALITY

 

Apps and other files or information submitted in relation to the Hackathons are only accessible by the Administrators, the judging panel, and Hackathon IT team members employed or contracted by the Administrators.  The Administrators will take reasonable steps to limit access to Apps submitted.  Notwithstanding the foregoing, Participants acknowledge and agree that the Administrators are unable to guarantee the security of any Apps submitted and Participants waive any claims that may arise as a result of a security breach or other unauthorized access to a Participant’s submitted Apps.

 

The identity of each Participant, the concept of any App submitted by each Participant, and the final presentation delivered during a final Hackathon judging session, are considered public domain and may be used by the Administrators or others for any and all purposes.

 

Participant acknowledges that the Hackathons will be held in public spaces with other participants, Mentors and others moving about freely.  Conversations and activities which take place during a Hackathon may be overheard or observed by others, such that Participant does not have a reasonable expectation of privacy or confidentiality with respect to any such conversations or activities. ANY CONVERSATIONS WHICH TAKE PLACE IN, OR ACTIVITIES OR INFORMATION WHICH ARE OBSERVABLE IN, THE PUBLIC HACKATHON SPACES MAY RESULT IN DISCLOSURE TO THIRD PARTIES, INCLUDING OTHER HACKATHON ENTRANTS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO LEGAL RECOURSE IF A THIRD PARTY USES ANY IDEAS OR INFORMATION AS A RESULT OF SUCH DISCLOSURE FOR ANY PURPOSE WHATSOEVER, WHETHER RELATED TO THE HACKATHON OR NOT.

 

INTELLECTUAL PROPERTY RIGHTS

 

You must create Apps using technology, data, and intellectual property that you have permission to use.  This could mean that you created the software or technology, acquired ownership of the rights from a third party, or received the express (i.e., written) permission of the third party that owns or has the right to license the intellectual property.  You may not submit any App that contains content that is copyrighted, protected by trade secret, or is otherwise subject to third party intellectual property rights or other proprietary rights, including privacy and publicity rights, unless you are either the owner of such rights or have obtained written permission from the owner to use and post such content and to grant the Administrators the rights granted in these Rules.  By submitting an App or accepting any prize, you represent and warrant that the App submitted complies with the requirements of this paragraph.  Any Participant who violates this provision will be disqualified from the Hackathon.  You should consult with appropriate advisors or legal counsel if you have any doubt as to whether you are meeting the requirements of this section (i.e., by reviewing appropriate intellectual property filings, notices, etc. of the third parties that are granting you licenses).

 

If you are working as a team, your team is responsible for determining the ownership as between the team members of any intellectual property rights in and to the App and any material developed during a Hackathon.  The Administrators will not be responsible for any disputes amongst members of a team, including in connection with intellectual property ownership issues.

 

IF THERE ARE ANY DOUBTS ABOUT THE LEGAL STATUS OF YOUR INTELLECTUAL PROPERTY OR THIRD PARTY INTELLECTUAL PROPERTY, YOU SHOULD SEEK ADVICE FROM INDEPENDENT LEGAL COUNSEL.

 

The Administrators are both nonprofit organizations with social missions to help financially vulnerable Americans.  By submitting an App to a Hackathon, you hereby grant to the Administrators and their agents a perpetual, irrevocable, royalty-free, non-exclusive, worldwide license with the right to sublicense under all of your intellectual property rights in and to your submitted App to (a) incorporate all or a portion of your App and related information into reports or research consistent with the Administrators’ charitable purposes, (b) to display all or a portion of your App and related information on the Administrators’ websites, and (c) to include all or a portion of your App and related information in the Administrators’ marketing and promotional materials, including use and mention of such materials at speaking engagements, meetups, and in and at other events or forums.  You acknowledge that you will not receive any compensation or credit for use of your App by the Administrators as permitted under this paragraph.  For clarity, the offering of any App submission for use by consumers or companies, whether for profit or otherwise, is not permitted by the license granted to the Administrators under this paragraph.

 

Subject to the above license, all Apps submitted to a Hackathon by you, and the intellectual property rights in any such Apps, will remain your property.

 

CONDUCT AND GENERAL CONDITIONS

 

The Administrators reserve the right to cancel, suspend, and/or modify the Hackathons, or any part of a Hackathon for any reason, including if any fraud, technical failure, or any other factor beyond the Administrators’ reasonable control impairs the integrity or proper functioning of the Hackathons.

 

The Administrators and the judges reserve the right to disqualify any Participant for the following reasons, as determined by the Administrators in their sole discretion:

 

  • a Participant is found to be tampering with (or attempting to tamper with) the entry process or the operation of the Hackathons or the website;
  • a Participant has acted, or indicates an intention to act, in violation of these Rules;
  • a Participant has acted, or indicates an intention to act, in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person;
  • the App submitted by such Participant contains content including inappropriate or explicit language or images, or displays content inconsistent with the Administrators’ reputation and goodwill; or
  • the App submitted by such Participant is in violation of third party intellectual property rights, or in violation of applicable laws or regulations.

 

If, for any reason, your submission or other information is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another submission to the applicable Hackathon if such submission is practical.

 

A computer specified by the Administrators, in their sole discretion, set to local time, is the official time-keeping device for the Hackathons.

 

The Administrators’ failure, one or more times, to enforce any provision of these Rules will not prevent the Administrators from later enforcing that provision (i.e., will not constitute a waiver of that provision).  These Rules (and, to the extent a Hackathon winner chooses to enter the FinCapDev 2014, the Official Rules of FinCapDev 2014) contain the entire agreement between the parties relating to the Hackathons, and no amendment or modification of these Rules will be valid unless in a writing signed by the Administrators.  Should any provision of these Rules be held to be void, invalid or inoperative, the remaining provisions will continue in effect and the invalid provision will be deemed modified to the least degree necessary to remedy such invalidity.  In the event that there is an ambiguity, discrepancy or inconsistency between these Rules and any other disclosures or other statements, whether written or oral, contained in any Hackathon-related materials or made at a Hackathon, it will be resolved in the Administrators’ sole discretion.

 

LIMITATION OF LIABILITY AND RELEASE

 

By participating in a Hackathon, you agree to each of the following:

 

  1. to comply with and be bound by these Rules and the decisions of the Administrators and/or the judges, which are binding and final in all matters relating to the Hackathon, including interpretation of these Rules and awarding of prizes; and

 

  1. to release and hold harmless the Administrators and their parent, subsidiary, and affiliated companies, officers, contractors, subcontractors and any other organizations involved in sponsoring, fulfilling, administering, advertising, or promoting the Hackathon, including the Sponsors, and all of their respective past and present officers, directors, employees, agents, and representatives, as well as the Mentors (collectively, the “Released Parties“) from and against any and all losses, damages, costs, expenses, liability, and claims of any kind, including, but not limited to, any injury, death, damage, loss of property, revenue, or profits, negligence, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye, or any other legal theory), defamation, slander, libel, violation of right of publicity, misappropriation of trade secrets, infringement of trademark, copyright or other intellectual property rights, in each case whether direct, indirect, or consequential, arising out of or relating to your creation or submission of an App, participation in the Hackathon (including any travel or activity related thereto), acceptance or use or misuse of any prize (including any activity related thereto), and/or the broadcast, transmission, performance, exploitation, or use of your submission.  Without limitation of the above, the Released Parties are not responsible for:

 

  1. any incorrect or inaccurate information, whether or not caused by Participants, printing errors, or by any of the equipment or programming associated with or utilized in the Hackathon;

 

  1. technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in electrical power, internet lines or network hardware or software;

 

  1. human intervention in any part of the entry process or the Hackathon;

 

  1. technical or human error that may occur in the administration of the Hackathon or the processing of entries; or

 

  1. any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from your participation in the Hackathon or receipt, use, or misuse of any prize.

 

You agree to indemnify, defend, and hold harmless the Administrators from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to violation of third party intellectual property rights as a result of your participation in a Hackathon or submission of an App.

 

NO WARRANTY

 

THE ADMINISTRATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE HACKATHONS, WHETHER EXPRESS OR IMPLIED.  IN NO EVENT SHALL THE ADMINISTRATORS, THEIR DIRECTORS, OFFICERS, EMPLOYEES, THE JUDGES, ANY MENTORS PRESENT AT THE HACKATHON ON BEHALF OF THE ADMINISTRATORS AND ANY AFFILIATES OF ANY OF THE FOREGOING BE LIABLE FOR ANY ADVICE, INFORMATION, OR DECISIONS MADE FOR OR ON BEHALF OF THE ADMINISTRATORS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER THE ADMINISTRATORS HAVE BEEN ADVISED, HAVE OTHER REASON TO KNOW, OR IN FACT WILL KNOW, OF THE POSSIBILITY OF THE FOREGOING, EXCEPT AS ARISES FROM THE FRAUD OR WILLFUL MISCONDUCT OF THE ADMINISTRATORS.

 

GOVERNING LAW; DISPUTE RESOLUTION

 

You agree that:

 

  1. any and all disputes, claims, and causes of action against the Administrators arising out of or connected with the Hackathons, or any prizes awarded, other than those concerning the administration of the Hackathons or the determination of winners, will be resolved individually, without resort to any form of class action; and

 

  1. any and all claims, judgments, and awards will be limited to actual damages and out-of-pocket costs incurred, including costs associated with entering a Hackathon, but will in no event include attorneys’ fees (except with respect to indemnification obligations).

 

Any dispute, controversy, or claim arising out of or relating to these Rules that cannot be settled amicably will be finally settled under the International Institute for Conflict Prevention and Resolution (“CPR“) Rules for Non-Administered Arbitration (the “Arbitration Rules“) by one (1) arbitrator, who must be an attorney with substantial knowledge of the Commonwealth of Massachusetts law and substantial experience in arbitrating commercial disputes under the Arbitration Rules.  You and the Administrators may, by agreement, nominate an arbitrator, but if no sole arbitrator is nominated within thirty (30) days from the date the claimant’s request for arbitration was served on the other party, the sole arbitrator will be appointed by CPR in accordance with the Arbitration Rules.  Unless otherwise agreed, arbitration proceedings will be held in Boston, Massachusetts.  The award rendered by the arbitrator will be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.  The arbitrator will have the authority to award money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but not the authority to award exemplary or punitive damages, and any claimed right to such damages is expressly waived.

 

The Hackathons and any dispute arising under or related to the Hackathons will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions.