2018 CERN MEDTECH:HACK HACKATHON: TERMS AND CONDITIONS
1. GENERAL INFORMATION
Information on the registration and participation to the CERN Medtech:Hack Hackathon are laid out in the present terms and conditions ("Terms and Conditions"). By sending in the present online submission to participate in the Competition (as defined below), you accept to be bound by these Terms and Conditions.
The Competition is organized by the European Organization for Nuclear Research, an Intergovernmental Organization, an Intergovernmental Organization with its seat at CH-1211, Geneva 23, Switzerland (“CERN”, the “Organizer", “we” or “our”), in cooperation with the Hospitals of the University of Geneva (“HUG”), with its seat at Rue Gabrielle-Perret-Gentil 4, 1205 Genève; Geneva Health Forum; Global Humanitarian Lab, a non-profit organization located at Avenue de Sécheron 15, 1201 Geneva; the Port Association, a Swiss non-profit organization located at 1 Rue Fendt, 1201 Geneva, and Impact Hub Geneva, a Swiss company located at Rue Fendt 1, 1201 Geneva (hereinafter referred to as the “Co-organizers”).
The Organizer retains the right to change, supplement, add provisions or remove provisions from these Terms and Conditions.
2. DEFINITIONS
The following terms will have the following meaning in these Terms and Conditions:
"Competition" means the Hackathon event called "CERN Medtech:Hack" organized by the Organizer and Co-organizers and hosted at CERN, starting on 6th of April, 2018 and ending on 9th of April, 2018.
"Hackathon" is a combination of the words "hack" and "marathon", where "hack" is used in the sense of exploratory programming. Hackathon refers to the final phase that will take place during the Competition and during which Participants (as defined below) will have to solve pre-defined challenges by using CERN technologies, with the goal for one or more teams of Participants to win one of several prices.
"Participant(s)" means any individual that is registered to participate as part of a team to the Competition.
"Co-organizers" means the companies/organizations selected by the Organizer that will contribute to the Competition by providing for instance mentoring services or products to the Participants.
“Registration Period” means the Period between the online submission by a team of Participants and the 6th of March, 2018.
"Work Products" means the innovative solutions created by a team of Participants during the Competition.
A “Startup Company” (startup or start-up) is an entrepreneurial venture in the first stage of its operations, which is typically a newly emerged, fast-growing business that aims to meet a marketplace need by developing or offering an innovative product, process or service. A startup is defined as a small business.
3. THE COMPETITION
The Competition will be rolled out in two different phases:
- First phase:
o Online registration - The first phase starts with an online registration by each team of 3 to 5 Participants, starting on the 1th of February 2018 and closing on the 6th of March 2018 at midnight.
o Challenge and Technology - After the online registration, each team will choose one of several pre-defined challenges to solve during the Hackathon as well as one (or two) of several CERN technologies to be used with the aim of solving the challenge.
o Contact with CERN technical expert - The teams will be able to contact a technical expert of CERN to ask questions in relation to the CERN technologies, depending on his or her availabilities.
o Video submission - The latest on the 6th of March 2018, each team will submit a two minutes video, detailing their approach to solve the challenge with a specific CERN technology and introducing the different Participants of the team. The Participants to compete in the Hackathon will be chosen based on these videos and the form filled in the online registration.
- The second phase: Hackathon - The second phase, lasting 72 hours and taking place at CERN, will permit Participants to solve their challenge by using the CERN technology as communicated in the video submission, in order to win one of several prices.
After the Hackathon, a jury comprised of representatives from the Organizer and Co-organizers (the “Jury”) will choose a team of Participants as winner of the Competition. The winning team of Participants as well as the prices will be announced on 9th of April and on the Medtech:Hack website and the website of the Knowledge Transfer group of CERN at https://kt.cern/.
4. PARTICIPATION
Each team of Participants must consist of at least 3 and maximum 5 Participants.
A Participant is eligible to enter the Competition if he/she meets the following requirements at the time of entry:
o Natural persons:
§ Participant is a natural person of at least 18 years of age.
§ Ideally students and young professionals in applied physics, engineering, medicine, entrepreneurship, design and global health.
By registering to the event, the Participant agrees:
- To abide by all the rules stated in these Terms and Conditions.
- To fulfil any visa and/or entry requirements required by Switzerland as applicable.
- The Participant agrees that it releases and hold harmless the Organizer, its subsidiaries, affiliates, employees, agents and Co-organizers from any and all liability or any injury, loss or damage of any kind, arising from or in connection with the Competition. The Participant is responsible for payment of all any taxes and any other liabilities arising from the Participant in the Competition or any part thereof.
- To agree that all the Organizer's decisions are final and binding on all matters related to the Competition.
- To agree that all the Jury's decisions will be final and binding on all matters related to the Competition.
- That any photo or video containing his/her likeness or voice, as may be shot or filmed during or submitted to the Organizer in relation with the Competition, may be published by the Organizer, in part or in full, with or without stating the Participant's name, on any media, including but not limited to the Organizer's website and or Youtube page, at the Organizer's sole discretion. This authorization is given for 10 years and shall is valid Worldwide.
5. REGISTRATION AND PARTICIPATION IN THE COMPETITION
Signing up for the Competition shall be made through the official website [http://indico.cern.ch/e/medtechhack18], which requires fill a form with basic information about the team, like an email address, name, and number of participants.
A team can be registered by one Participant but each registration form has to mention for each team member the name, nationality, current location, age, gender, occupation, background, current employee and latest qualification. A Participant who has registered to take part in the Competition at [http://indico.cern.ch/e/medtechhack18] will receive an invitation from the Organizer, via email to participate to the Competition.
Participation in the Competition is free of charge.
The number of teams competing in the Competition is limited by the capacity of the Hackathon, and the Organizer may close registration before the end of the Registration Period in case the maximum number has been reached.
The Organizer may prolong the Registration Period at his sole discretion. In such case the dates of the Hackathon will be postponed accordingly. The Organizer will inform the registered participants in due course before such prolongation.
6. THE HACKATHON JURY
The Jury for the Hackathon will be comprised of representatives of the Organizer and Co-organizers.
The Jury will evaluate the Work Products by each team created during the Hackathon.
The members of the Jury might change at the Organizer's sole discretion and upon availability.
In the event of a conflict of interest, a member of the Jury may disqualify him/herself or be disqualified by the Organizer from passing judgment on a particular team or participant. Such disqualification shall not affect the judging or review of the team or Participant's submission by other members of the Jury.
7. PROGRESS OF THE HACKATHON
Attending the Hackathon days is free of charge. The Organizer will bear costs for the venue and catering and provide each Participant with a reasonable contribution to cover (a part of) the travelling and accommodation costs, a sum to be determined at Organizer’s sole discretion, and communicated to Participants within a reasonable timeframe after the submission of the online form. However, traveling costs and accommodation costs above this contribution shall be entirely borne by the Participants.
Organizer will not to take any responsibility for any sickness, illness or injury caused to participants as a result of food and beverage consumption. Participants understand, accept, and take full responsibility for the potential risks and hazards of consuming foods and beverages during the Hackathon. In the case of dietary restrictions or allergies, it is imperative that Participants verify the ingredients.
8. INTELLECTUAL PROPERTY
By participating in the Competition, you represent and warrant that you will not present or use content that is copyrighted, protected by trade secrets or otherwise subject to third party intellectual property rights or other proprietary rights unless you are the owner of such rights or have permission from their rightful owner to present or use the content and to grant CERN and/or its Co-organizers the necessary rights thereto as mentioned below.
We recommend to only use third party works that are licensed through an open source (for software), open hardware (for electronics), or creative commons license (for all other works).
The Participants will be able to make use of the technologies of CERN (the “CERN Technologies”) and hereby agree that the intellectual property rights and all other rights related to the CERN Technologies, in whatever form, are vested in CERN. CERN herewith grants to the Participant a non-exclusive, non-transferable, non-sublicensable, royalty free, licence to use and copy the CERN Technologies exclusively in the course of its participation to the Competition. CERN cannot guarantee that the CERN Technology will have allow a team of Participants to win the Competition.
Works created during the Competition remain the intellectual property of the Participants that develop them, including but not limited to works that integrate data, technologies (including CERN Technologies) and/or materials provided by the Organizer and/or the Co-organizers (“Results”). For the avoidance of doubt, any data, technology (including CERN Technologies) or material provided by the Organizer and/or the Co-organizers during the Competition shall remain the sole property of the Organizer and/or the Co-organizers and the Participants shall not have any rights in such data, technology (including CERN Technologies) or material. The Participants are only entitled to use such data, technology or material for the purposes of the Competition and shall not use it afterwards, unless they have concluded a separate license agreement with CERN and/or the Co-organizers; this also applies in cases where the Participants have integrated the data, technology or material in their Results.
The Participant hereby grants the Organizer an irrevocable, non-exclusive, royalty-free license to use the Results for its internal, non-commercial purposes. The Participants expressly authorize the Organizer and/or the Co-organizers, to publish, to communicate, to expose and to disclose, divulgate and represent the Results verbally, graphically or in writing, in any medium worldwide and without restrictions in time, and by any means, either present or future, free of charge, in relation to this Competition.
The Results shall, in no event, infringe in any manner or induce infringement of any third party intellectual property rights. Should the right from identified third party right owner not be commercially available, the Result may not qualify to win one of the prices. The Participant undertakes to indemnify the Organizer and/or the Co-organizers against all claims asserted by third-parties against the Organizer due to an actual or alleged infringement of rights resulting from the use of the Results, as well as against all litigation costs (including reasonable attorney fees) required to defend the Organizer against such claims, unless the Organizer itself is responsible for the infringement of rights by its gross negligence or willful misconduct.
9. LITIGATION AND LIABILITY
The Organizer is fully entitled to shorten, extend, modify or cancel the Competition should circumstances so require without any liability.
The Organizer is fully entitled to disqualify a Participant or a team which does not abide by the Rules or acts in any other way deemed inappropriate by the Organizer; such inappropriate behavior could for example be the taking of drugs or other illegal substances during the Hackathon, harmful and discriminating statements, hacking or manipulating or attempt to hack or manipulate the IT system or the data of the Organizer or other teams.
The Organizer and the Co-organizers are not responsible and assume no liability for lost, misdirected or late submissions or for (i) electronic transmission errors, (ii) theft, destruction, change of or unauthorized access to submissions, (iii) technical problems, malfunctions or errors in the operation of any hardware or software which are necessary for the transmission of submissions or the planned Competition procedure, including computer viruses and bugs, or for manipulations, unauthorized access, scams, overload of the Internet or a website or any combinations of these, nor for other causes not subject to the inspection by the Organizer and the respective subsidiaries and branches of the Organizer. In case any of the above events occurs, the Organizer retains the right to take one or several of the following measures according at its sole discretion: to disqualify each person who manipulates the submission or voting procedure as well as to adjust, change, postpone or cancel the Competition.
Participants, who are employees of a corporation, government agency, or an academic institution, are responsible for ensuring that their participation complies with any policies their corporation, agency, or institution may have regarding participation in contests of this type. If the Organizer has reason to believe that a Participant violated any of those policies, the Organizer reserves the right to prohibit the Participant from participating in the Competition or receiving a prize at any time. The Organizer is not responsible for any disputes arising between a Participant and his/her employer.
Also, the Organizer will not be involved nor shall it be held liable in case of litigation with any companies or other entities, which have developed the offered prizes.
The License to the CERN Technologies in article 8 as well as the consultancy or mentoring by the CERN technical experts is provided to the Participant(s) on an “as-is” basis, without any warranty, express or implied, of any kind including as to timely performance, results, suitability towards solving the challenges presented during the Competition, fitness for purpose, and the non-infringement of third party rights. CERN accepts no liability from any liability, including product liability, related to the use of the CERN Technologies during the Competition.
10. DATA PROTECTION
The Organizer is committed to protecting and respecting your privacy and personal data. All personal data that is provided by the Participants and processed by the Organizer and/or Co-organizers in the course of the Competition will be treated with respect to the applicable data protection regulations. Please read the CERN Data Protection Policy carefully to understand our views and practices regarding your personal data and how we will treat it.
11. GOVERNING LAWS & JURISDICTION
The provisions of these Terms and Conditions shall be interpreted in accordance with their true meaning and effect. Without prejudice to CERN’s status as an Intergovernmental Organization, reference shall be made to Swiss substantive law where:
- A matter is not specifically covered by these Terms and Conditions; or
- A provision of these Terms and Conditions is ambiguous or unclear.
Such reference shall be made exclusively for the matter or provision(s) concerned, and shall in no event apply to the other provisions of these Terms and Conditions.
If any dispute under these Terms and Conditions fails to be settled amicably, the parties involved shall resort to an arbitration procedure before the International Labour Organization, established in Geneva, Switzerland. Within 30 days of written notification by a Party to the other Party of its intention to resort to arbitration, the first Party shall appoint an arbitrator. The second Party shall appoint an arbitrator within three months of the appointment of the first arbitrator. The two arbitrators shall, by joint agreement and within three months of the appointment of the second arbitrator, select a third arbitrator, who shall subsequently be appointed by the Parties to preside over the arbitration tribunal. The arbitral award shall be final and binding upon the Parties, who hereby expressly agree to renounce any form of appeal or revision. The costs, including all reasonable fees expended by the Parties to any arbitration hereunder, shall be borne by the unsuccessful Party or Parties. Notwithstanding reference of any dispute to arbitration, the Parties shall continue to perform their obligations under these Terms and Conditions.
