Terms and Conditions
Last updated, 09.08.2021
1. Scope and Participation
1.1. These Participation Rules (the “Participation Rules”) are applicable to the CardioXplore Hackathon taking place on October 14 and 15, 2021 (the “Hackathon”), an initiative organized and fully funded by Daiichi Sankyo Europe GmbH (“DSE”) and its affiliates. The Hackathon is, developed and executed in partnership with HACK BELGIUM LABS, a trade name of westartup BVBA (“HBL”) and its partners (altogether, the “Organisers”).
1.2. The Hackathon seeks to create solutions (the ‘Solutions’) to healthcare challenges, that are both uniquely suitable to meeting patient needs and that can be embedded into existing care routines immediately or in the future. These Solutions could be among others: mobile applications, online portals, services and/or a software.
1.3. These Participation Rules are applicable to all Hackathon’s Participants (as defined below) and shall supersede, without exception, any and all individual conditions, even if they stipulate the opposite. Participating in the Hackathon automatically entails your acceptance
of these Participation Rules and waiver of your own terms and conditions. Participants are:
– individuals who have volunteered, registered and been selected to join the Hackathon (“Participants”), who may be individuals or organisations (“individuals” are natural persons, “organisations” are any kind of legal entity that is not a natural person, such as companies, not-for-profit associations, etc.)
1.4 You can participate either as part of a team or on an individual basis. It is not allowed to switch teams after the announced team formation period is over. The Organisers are not responsible for and will not assist in resolving any disputes between team members during and after the Hackathon.
1.5 To participate, you must complete the registration process on this website and must agree to these Participation Rules and to attend the Hackathon in its entirety at the agreed venue. You must make your own travel and accommodation arrangements and cover all associated costs and expenses. The Organisers will provide for food and beverages to be available for you as defined in the Program.
1.6 You, as a Participant will be required to contribute and deliver validated propositions and rough prototypes for new, innovative Solutions (“Entry”).
1.7 At the end of the Hackathon, you and/or your team will pitch their project ideas or Solution (“Entries”) for review by a jury selected by the Organisers which will be comprised of ecosystem stakeholders and DSE representatives. The Jury will determine a winning Entry. The decisions of the jury will be final.
1.8 Each Entry must be original, of your or your team’s own creation and newly written during the Hackathon and must not have been entered into any other competition or program similar to the Hackathon, including other competitions conducted by DSE. Entries may be subject to a due diligence review at any time during and after the Hackathon for eligibility and compliance with these terms. Failure to comply with these may result in your Entry being rejected.
1.9 The winning Entry will be developed further by DSE in a proof-of-concept pilot program or as a minimum viable product (MVP) via a provider of DSE’s choice.
2.1. No provision of these Participation Rules shall be interpreted adversely against a party solely because that party was responsible for drafting that particular provision.
2.2. Words denoting the singular shall include the plural and vice versa. Grammatical variants of a defined term shall have the meaning set out in the relevant definition as adjusted to reflect reasonably the variance and the context of the use of the variant. The words “include” “included” or “including” are used to indicate that the matters listed are not a complete enumeration of all matters covered. The term “you” refers to you, the “Participant”. References to articles are references to articles in these Participation Rules, unless indicated otherwise. The headings in these Participation Rules are for construction purposes as well as for reference.
2.3. These Participation Rules are drawn up in the English language. If these Participation Rules are translated into another language, the English language text prevails.
2.4. In case of cheating or infringement of the Participation’s Rules or of any obligation contained herein, the Organisers shall be entitled to, at any time, cancel your participation and/or reject your Entry.
3. Hardware & IT Tools
3.1. A Wi-Fi connection will be made available to you throughout the duration of the Hackathon.
3.2. You shall bring your own hardware (i.e. computer, extension cord, power bars, etc.) and software whatsoever (“Hardware”). You will take all appropriate and reasonable measures to ensure that the Hardware brought by you will not, if connected to the Hackathon’s location electric and electronic system, cause any damage to this system.
3.3. You shall be solely responsible for your Hardware. The Organisers disclaim and could never be deemed liable or responsible in the event of theft, loss or deterioration of Hardware.
3.4. The Organisers may lend equipment or connected objects (“IT Tools”) to you during the Hackathon. You hereby acknowledge that the aforementioned IT Tools remains the sole Organisers’ property.
3.5. You waive any claims for defective products/software/wires etc. related to the IT Tools put at your disposition by the Organisers, other Participants or third parties. to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
4. Intellectual Property (IP) Framework
The following IP framework is designed to maximize collaboration during and after the Hackathon and to minimize the burden of managing IP rights for all participants and the Organisers.
4.1 Open Source.
Projects and related technology developed at the Hackathon should be open source. Attribution is fine but ownership is public / Creative Commons.
4.2 Everyone keeps what they own already.
All IP existing prior to the Hackathon (“Pre-Existing IP”) remains owned by its owner, and
nothing that happens during the Hackathon can be considered as a transfer or assignment of such Pre-Existing IP.
4.3. CardioXplore is an open, public event.
The Hackathon is an open, public event. Any information discussed in a group or even private meeting, or otherwise shared, is to be considered disclosed to a public space. This means that if you are under a duty of confidentiality of certain information, you should not
disclose that information during the Hackathon.
That being said, it is important to understand that generic ideas are almost never covered by IP or protectable. Only as the idea gets more specific and starts being converted into an actual application, will IP protection start to apply.
4.4 Attribution is essential
Throughout the Hackathon, teams will develop ideas. By the end of the Hackathon, both the idea and the identity of the Participants who have contributed substantially to it will be noted. It is important that all Participants who have contributed to an idea get a fair mention. For the purpose of this attribution, every contributor’s share is considered equal.
Except as otherwise provided herein, the effect of attribution is NOT to allow any contributor to block the use of a particular idea to which they have contributed, but rather to allow all contributors to that idea to use and develop it further.
4.5 Different categories of Participants.
These rules apply to all categories of Participants and to all individuals that participate either in their own name or on behalf of an organisation.
However, any Participant that participates in the Hackathon, commits in addition, that if an idea is developed into a commercial product as a direct consequence of the Hackathon, each Participant who has contributed to that idea gets appropriate name recognition.
4.6 No verification or liability for IP
The Organisers will not police or verify whether Participants have the appropriate rights to participate in the Hackathon from an IP perspective, nor will they take on any liability in respect of any breach or alleged breach of any IP right by or from any Participant or any third party.
Equally, the Organisers have no liability in respect of the IP of any of the ideas mentioned, generated or attributed throughout the event.
4.7 Representations and Warranties
You represent and warrant that your Entry does and will not violate any agreement or obligation to any invention assignment, proprietary information, confidentiality, non- solicitation, noncompetition or similar agreement with any employer or other person.
You represent and warrant that your Entry is and will be your own original work and does not and will not infringe IP or proprietary rights of any third party, including, without limitation, any third-party patents, copyrights or trademarks.
You hereby agree not to instigate, support, maintain or authorise any action, claim or lawsuit against the Organisers, or any other person, on the grounds that any use of your Entry, infringes any of your rights as creator of the Entry, including, without limitation, patent rights, trademark rights, copyrights and moral rights or “droit moral.”
You acknowledge and agree that the Organisers have the right to copy, edit, publicly display, publicly perform, broadcast, publish and use, in whole or in part, any Entry in any manner without further compensation during and after the Hackathon and that you will not receive any compensation from the Organisers in connection with any of the Entries or your participation in the Hackathon.
You acknowledge and agree that the Organisers or any other Participants or third parties may have developed or commissioned works which are like your or your team’s Entry, or may develop something similar in the future, and you waive any claims that you may have
resulting from any similarities to your or your team’s Entry
4.8 Black-out Period
The Organisers reserve the right to restrict development or commission by Participants of their Entries during a period of 60 calendar days, starting the day after the Hackathon has concluded. In case you wish to develop or commission during said period, you shall seek
prior approval from the Organisers. Such approval cannot be unreasonably withheld. Any such development or commission by a Participant shall be in compliance with the obligations agreed to herein.
5. Limitation of Liability
5.1. Without prejudice to limitations defined herein, the Organisers shall not be liable for (i) any late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Entries, communications or submissions, regardless of the method of transmission, (ii) Wi-Fi connection, telephone system, telephone or Hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors, (iii) data corruption, theft, destruction, unauthorized access to or alteration of Entries or other materials, (iv) any injuries, losses or damages of any kind caused by participating to the Hackathon and, for (v) any printing, typographical, administrative or technological errors in any materials associated with the Hackathon; (vi) any damages to any device resulting from participating in, or accessing, uploading or downloading information in connection with this Hackathon; and (vii) any disputes among team members.
5.2. The Organisers reserve the right, at their sole discretion, to cancel, modify or suspend the Hackathon should a virus, bug, computer or phone problem, unauthorized intervention, or other causes beyond the Organiser’s control (Force Majeure), corrupt, threaten or jeopardize the administration, security or proper running of the Hackathon.
5.3. The Organisers waive any liability, in case of modification, shortening or cancellation of the Hackathon due to Force Majeure or events beyond their control.
5.4. The Organisers reserve the right to extend or reschedule the Hackathon in case of need.
5.5. You agree to release, indemnify, defend and hold the Organisers and their parents, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organisations related to the
Hackathon, harmless, from any and all claims, injuries, damages, expenses or losses to your person or property and/or liabilities of any nature that in any way arise from your participation in the Hackathon, including without limitation (i) any condition caused by events beyond the Organisers’ control that may cause the Hackathon to be cancelled, disrupted or corrupted; (ii) any claim that an Entry infringes third party IP or IP rights; (iii) any disputes among team members, (iv) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising from your participation in the Hackathon including your travel arrangements, health-related travel requirements and travel journey to the agreed venue; (v) any printing or typographical errors in any materials associated with the Hackathon; technical errors that may impair your ability to participate in the Hackathon; or (vi) errors in the administration of the Hackathon.
6. Personal Data
6.1 The Organisers respect the privacy of every Participant of the Hackathon. Personal data related to Participants might be shared and/or collected in the frame of the Hackathon in two instances:
1°/ when registering for the Hackathon via the online registration process.
2°/ during the Hackathon itself, by, if you wish to do so, sharing your personal experience or insights with other Participants. This specific personal information will NOT be collected, kept or tracked in any identifiable form and each Participant commits to strictly respecting this rule during and after the Hackathon.
6.2. As for the personal data covered under 1°/, you agree to the collecting and processing by the Organisers of the personal data you entered and shared during the registration process for the following purpose:
– planning and organisation of the Hackathon
– management of your attendance and individual needs
Furthermore, during the registration process, you may choose to agree to the use of your personal data for the following additional purposes:
– follow-up after the Hackathon for a fixed duration of 1 year.
– promotion and development of the Hackathon’s products and services.
Acceptance of these Participation Rules doesn’t keep you from declining the further specific use of your personal data as outlined in the Registration Process.
above-mentioned persons would take place in countries outside the European Union, whether or not they offer guarantees for an adequate level of protection. The Organisers will then take all appropriate measures to ensure an adequate level of protection of the Personal Data.
6.4. The access to the Personal Data shall be restricted to the persons requiring them for the fulfilment of their tasks.
6.5. You have the right to access your personal data, as well as a right to correct it in case of need. You may exercise these rights by contacting DSE’s Data Protection Officer at email@example.com
6.6. DSE is the controller of the abovementioned Personal Data as described in the General Data Protection Regulation (EU) 2016/679 (GDPR).
7. Use & Image Rights
7.1. You grant the Organisers, without any compensation, the right to use your image, first name, affiliation and brief descriptions of the project led by you or your team for commercial or internal/external communication purposes in the context of the Hackathon (“Use”).
7.2. This Use includes worldwide collection, storage, retention, unlimited reproductions, publications and distribution in printed, electronic and digital media, including, but not limited to, advertising and brochures, video and audio broadcast programs, and website, social media and online communications worldwide and for a duration of ten (10) years starting as from the Hackathon’s registration process.
7.3. Unless through prior written consent of the Participant, the Organisers will not disclose the Participant’s professional details unless when required by law.
7.4. You hereby release, waive and discharge the Organisers, their directors, employees, representatives and/or independent contractors from any and all demands, claims, causes of action, damages and liabilities directly or indirectly arising out of the Use pursuant to the
foregoing rights granted.
8.1. Any provision in these Participation Rules which is void or inapplicable shall have no effect on the validity of the other provisions. In such a case, each party shall use its reasonable best efforts to immediately negotiate in good faith a valid replacement provision having a similar economic effect which is as close as possible to that of the invalid, void or unenforceable provision.
8.2. Any waiver by the Organisers to avail all or part of these Participation Rules at any given time cannot be construed as a waiver to invoke it later.
8.3. All notices to be made under these Participation Rules shall be given in writing by registered mail or email confirmed by registered mail or express courier service.
9. Jurisdiction and Governing Law
9.1. These Participation Rules are governed by and shall be construed and interpreted in accordance with the Laws of Germany excluding any stipulations of private international law that would result in foreign law to be applicable.
9.2. Any dispute arising from the interpretation, implementation and cancellation of these Participation Rules shall be submitted exclusively to the jurisdiction of the Courts of Munich, Germany.