GENERAL CONDITIONS FOR PARTICIPANTS in the odyssey program

Dutch Blockchain Hackathon B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid), organised under Dutch Law, with its statutory seat in Groningen and its principal office at Westerhaven 13-7, 9718 AW Groningen, The Netherlands and registered in the Dutch Chamber of Commerce under number 66693640 (‘DBH’), is the organiser of the Odyssey Innovation Program 2019-2020 (the Odyssey Program).

The Odyssey Program is a full-year program and enables e.g. developers, creatives, and entrepreneurs from all over the world to co-create solutions for challenges contributed by selected partners by using blockchain-, AI- or other technology.

DBH has selected several partners and sponsors (the ‘Partner‘) to contribute to the organization of the Odyssey Program. The Odyssey Program consists of multiple, individual events, including Momentum (formerly known as Hackathon, from hereon, Momentum) as well as several pre-hack meetups, deep dives, and a post-hack incubation program (each: an ‘Event‘).

Pre-hack meetups and deep dives

Prior to Momentum several Pre-hack meetups and deep dives will take place where Partners can present themselves and/or the selected challenge which they think could be (partly) solved by using Blockchain technology or a theme (the ‘Track’). Participants and Partners will meet each other and discuss and share developments regarding Blockchain, AI- or other technology.

Post-hack incubation program

During 3 months after Momentum, the winning Team(s) shall decide jointly and in consultation with the respective Partner who introduced the Track whether it is possible to actually apply the solution or whether it is possible to scale it up.

More and/or up-to date information on Odyssey Program Events is published at www.odyssey.org (the ‘Website‘).

 

  1. Participants

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

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

1.3.   In order to submit a request to participate in Momentum, a personal account must be created. A request does not constitute a right to participate in Momentum until participation is confirmed in writing by DBH.

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

1.5. Participants must:

(a)   be at least 10 years old;

(b)   ensure that all information provided to DBH and/or its Partners is correct and complete;

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

(d)   not engage in any behavior which is inappropriate, or make any racist, sexist or ageist remarks or other statements which may cause offense; and

(e)   not make use of software or other resources or strategies to influence the Momentum Platform, including but not limited to;

  • probe, scan, or test the vulnerability of any system or network,;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Momentum Platform;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Momentum Platform;
  • access, search, or create accounts for the Momentum Platform by any means other than our supported interfaces (for example, “scraping” or creating accounts in bulk);
  • promote or advertise products or services other than your own without appropriate authorization;
  • abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;
  • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;

(f)   not engage in any unlawful conduct.

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

1.7.  The Participant is solely responsible for all costs and expenses incurred by him/her in relation to an Event.

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

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

 

  1. Momentum

2.1.   DBH organises an online Event on the ‘Momentum platform” from 13 November until 15 November 2020 (‘Momentum’). During Momentum, each team of Participants (a ‘Team‘) will develop an innovative solution for one of the Tracks by using Blockchain, A.I.- and/or other technology (the ‘Solution‘).

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

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

 

  1. The Teams

3.1.   Momentum is a team competition. Enrolment in Momentum is only possible through the Website and as a Team of at least three (3) and maximum six (6) Participants. Participants cannot be a member of more than one team or switch teams.

3.4.   DBH will at its sole discretion select and invite the teams for Momentum. DBH will inform the selected teams by e-mail and/or the Website. The selection is not open to objection or appeal. DBH is entitled to publish the selection criteria at the Website.

3.5.   A Team shall be appointed to one Challenge by DBH. By registration for Momentum each Team can indicate their preferred Challenge.

3.6.   After being selected for participation, each team member (Participant) has to register and confirm their attendance at Momentum via the Website.

 

  1. The Jury

4.1.   The jury consists of employees of the Partners, complemented by stakeholders and experts in the field of Blockchain-, AI-, and/or other technology (the ‘Jury’). DBH will take care of the secretary of the Jury.

4.2.   Each Team shall submit the Solution on GITHub (source code) and in Momentum as described in the jury process briefing all participants will receive before the Event. Submissions after Sunday November 15, 15.00 CET or contrary to these Participants Conditions will be disqualified. DBH is not responsible for any lost, delayed, misdirected, incomplete, damaged or undeliverable submissions.

4.3.   The selection of the winning Teams will be at the sole discretion of the Jury and is irrevocable and not open to objection or appeal.

 

  1. Prizes

5.1.   The prizes will be published at www.Odyssey.org. Payment of any prize money awarded will be paid within 2 months after Momentum on the bank account as indicated by the leader/representative of the respective Team. DBH has no responsibility for how prize money or other prizes are distributed between the members of a team or for any other disagreement between team members.

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

 

  1. Intellectual property

6.1.   All Participants acknowledge and agree that the development of the Solution is a Team effort and all intellectual property rights vested in the submitted Solution shall stay with the Team (insofar there are no third-party rights), unless:

  1. a) all the Participants in a Team agree or agreed otherwise; or
  2. b) the intellectual property rights are owned by another party/parties under applicable law.

6.2.   For some Tracks open-source is prescribed. All Teams (the Participants) competing in these Tracks are obliged to publish the submitted (source) code and canvas (with the idea and business models) and make them publicly available according to the respective open-source licence as indicated in the description of the respective Track on the Website.

6.3.   By submitting their Solution – e.g. the (source) code and canvas – on GIThub each Team and individual Participant agrees and accept that the Solution and all intellectual property rights therein will be released under GNU AGPL license by the Team and (therefore) made available to the general public, unless (opt-out) the Team removes the submitted Solution within 1 month after Momentum from GIThub. This clause 6.3. is not applicable for the Tracks mentioned in clause 6.2.

6.4.   DBH is not obliged to protect Participant’s ideas, works and results disclosed or generated during the Odyssey Program (including Momentum).

6.5.   By submitting the Solution, the Team (all Participants in the team combined) hereby grant DBH an everlasting, irrevocable (worldwide) right and royalty-free licence to: (i) use, review, asses, test and/or otherwise analyse the Solution and all its content in connection with Momentum; and (ii) feature and use the Solution and all its content for promotional purposes, in any way and in all media (including, but not limited to, in advertisements, press releases, presentations and trade shows).

 

  1. Use of datasets and software by Participants

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

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

7.3.   The (individual) Partners and/or DBH remain the owners of the intellectual property rights of the Software and – if applicable – information contributed by them regarding the content of the Track.

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

7.5.   Each Participant is individually responsible for the safety and confidentiality of the Software and datasets it used during Momentum.

7.6.   Participant will inform, without any delay, the relevant Partner and DBH of any loss or unauthorized use of the Software or datasets, including any breach of these Participants Conditions.

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

7.8.   DBH will make every effort with a reasonable level of expertise and care to have the Momentum Platform functioning properly, but does not guarantee that the Moment Platform and its software will function and/or be available error-free and without interruption. To be able to make use of the Momentum Platform, the Participant must comply with the necessary technical preconditions.

 

  1. Personal data

8.1.   DBH will process and share personal data of the Participant received by DBH in relation to the Odyssey Program. For more information see  https://www.odyssey.org/privacy-policy/.

 

  1. Image rights

9.1.   Each participant acknowledges and understands that by attending any Event he or she may be upload  photos and the livestream may be recorded by (or on behalf of) DBH . Each Participant agrees that all footage, including any and all copyrights and other rights vested therein and thereto, will be owned by DBH. Each Participant acknowledges that DBH and/or its affiliates will use this footage to report on the Odyssey Program on (e.g.) its Website and (social) media.

 

  1. Liability

10.1.   In no event shall DBH, its affiliates or any of its directors, employees, Partners or contractors be liable for any direct, indirect or consequential damages arising out of or in connection with the participation of a Participant in an Event, unless such liability arises from gross negligence (in Dutch: grove schuld) or intentional acts (in Dutch: opzet) of DBH.

10.2.   The maximum liability of DBH shall in no event not exceed € 500,-.

 

  1. Variation

11.1.   Elements and details of Odyssey Program are subject to modification, suspension, and/or cancellation without notice and at DBH’s sole discretion.

 

  1. Severability

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

 

  1. Disputes

13.1.   These Participants Conditions, and clause 13.2 below, shall be governed by and construed in accordance with Dutch Law.

13.2.   Regarding any dispute arising out of or in connection with these Participants Conditions, parties shall try to reach agreement through amicable settlements. In case parties do not reach an agreement on the dispute, the dispute shall be exclusively settled by the competent court of Noord-Nederland, location Leeuwarden, the Netherlands, subject to appeal and cassation.

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