***THIS DOCUMENT MUST BE SIGNED DURING ONSITE HACKATHON REGISTRATION***
Name of Participant: _____________________________________________________________________
Address: ______________________________________________________________________________
City/State/Zip: __________________________________________________________________________
Phone No.: _______________________ Email Address: ________________________________________
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT IS A BINDING PART OF YOUR PARTICIPATION AGREEMENT AND MAY HAVE SIGNIFICANT CONSEQUENCES.
By submitting a hackathon entry or accepting any prize, participants represent and warrant the following: 1) participants will not submit content that is copyrighted, protected by trade secret, or otherwise subject to third-party intellectual property rights or other proprietary rights, including privacy and publicity rights, unless the participant is the owner of such rights or has permission from the rightful owner to post the content and to grant the hackathon all of the rights granted herein; 2) the participant will not publish falsehoods or misrepresentations that could damage the hackathon, its sponsors, or any third party; 3) the participant will not submit content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages criminal activity, gives rise to civil liability, or is otherwise inappropriate or destructive to the hackathon’s or sponsors’ brand image or goodwill; 4) the participant will not post advertisements or solicitations of business; 5) the hackathon will not be obligated to pay any compensation to, or permit any participation by, any third party in connection with the use, reproduction, modification, publication, display, or other exploitation of any of the content that the participant submits; and 6) the content the participant submits does not contain any viruses, Trojan horses, worms, or other disabling devices or harmful code.
By posting or submitting a hackathon entry to the Contest (regardless of the form or medium of such content), the participant hereby grants the hackathon and its sponsors, their respective affiliates, their affiliates’ agents, and third-party contractors a worldwide, perpetual, irrevocable, non-exclusive right and license, with the right to sublicense, discuss, publicize, market, and otherwise display content derived from or relating to the hackathon entry (“Marketing Content”), and to distribute and use such Marketing Content for promotional and marketing purposes either in the form submitted or in the form of a derivative or adapted work. The participant understands that he or she will not receive any compensation or credit for use of your hackathon entry, other than what is described in these Official Contest Rules.
The participant represents and warrants that he or she is the sole author and copyright owner of the submission, and that the submission is the participant’s original work. If the submission is a work based on an existing application, the participant warrants: 1) that he or she has acquired sufficient rights to use and to authorize others to use the submission as specified in the “Intellectual Property Rights” section of the Rules, 2) that the Submission does not infringe upon any copyright or upon any other third-party rights of which the participant is aware, and 3) that the submission is free of malware.
In consideration of my being allowed to participate in the Hackathon program and on behalf of myself, my heirs, executors, administrators, legal representatives, assigns and successors in interest (hereinafter collectively designated as “successors”), I do hereby release and waive all rights or claims for damages, for death, bodily injury or loss of or damage to property from any cause whatsoever I may have or which may accrue to me or my successors as a result of my participation in the program. I discharge and release Society of Hispanic Professional Engineers and their employees, interns, volunteers, representatives, and agents from any and all liability arising out of or connected in any way with my participation in the program, whether or not caused by the negligence of any of the above persons or entities.
My participation in the program is voluntary and done at my own risk. I therefore voluntarily assume all risks of loss, damage, injury or death that may be sustained while participating in the program. Such risks may include, but are not limited to, the following: working with raw material, electricity, motors, acid, and elements under pressure, projectile objects, sharp edges, uneven or unpaved surfaces, and debris. Tools and other equipment may pose additional hazards. In addition, I agree to hold harmless from any and all claims, damages, losses, liabilities and costs (including without limitation reasonable attorneys’ fees, expert witness expenses, litigation costs, and disbursements) all the entities and persons mentioned above who otherwise might be liable to me or my successors for damages.
Notwithstanding anything stated in the foregoing paragraphs, nothing in this document shall apply to exempt any person or entity from responsibility for his, her, or its own fraud, or willful injury to the person or property of another, or violation of law whether willful or negligent.
In further consideration of my being allowed to participate in the program, I hereby agree to indemnify, defend, and hold harmless: 1) the Extreme Engineering program and its respective directors, employees, interns, volunteers, representatives, agents, parents, subsidiaries, and affiliates and 2) Society of Hispanic Professional Engineers, and their employees, interns, volunteers, representatives, and agents (collectively, the Indemnified Parties) from and against any and all claims, damages, losses, liabilities and costs (including without limitation reasonable attorneys’ fees, expert witness expenses, litigation costs, and disbursements) relating in any manner, directly or indirectly, in whole or in part, to: (a) any act or omission of myself; or (b) any accident involving any injury to any person or damage to property resulting from my participation in the program, due to any cause whatsoever.
I further agree to promptly assume my defense and indemnification obligations upon written notice from any of the Indemnified Parties who may participate in the defense of any claim at their own expense. I agree not to settle any claim without the consent of the Hackathon program, Society of Hispanic Professional Engineers, or any other entity that would incur any liability for such claim under or following such settlement, which consent shall not be unreasonably withheld.
I further understand and agree that this waiver, release, and assumption of risk is binding on my successors.
Signed _______________________________________________________________