BUILD ON, MALAYSIA 2019
PARTICIPATION TERMS AND CONDITIONS
These are the terms governing participation in the Build On, Malaysia 2019 hackathon. This hackathon is jointly organised by the Malaysia Digital Economy Corporation Sdn. Bhd. (MDEC), Smart Selangor Delivery Unit (SSDU) and Amazon Web Services (AWS) (collectively, the “Organisers”).
If you or any member of your team do not accept these terms, you and/or your team will be disqualified and will not be eligible to participate in this hackathon. By registering for and participating in this hackathon, you agree to be bounded by these terms, which create a legally binding agreement between you and the Organisers. Your obligations under these terms are owed to each of the Organisers, and either or all of them may enforce these terms against you.
Registration. You are required to register for this hackathon by completing the registration process on the website, You warrant that all information provided by you during the registration process and your participation in this hackathon, are accurate and complete.
Team Participation. You may participate in this hackathon only as a team. As a team, the reference to “you” in these terms shall be a reference to “you” and your team, and you shall procure the compliance of each of your team members to these terms. Any breach of these terms by you or any of your team members may disqualify you and your team from participating in this hackathon.
Timelines. Registration for this hackathon closes on 11st August 2019, 23:59 p.m (Malaysia Time) (“Closing Date”). The Organisers reserve the right to disregard any late registrations. Unless with the written consent of the Organisers, no amendments shall be made to any registrations (including the composition of any team) after the Closing Date.
Instructions. You will comply with all instructions, directions and timelines that may be provided by the Organisers with respect to the administration and conduct of this hackathon, including on the format and manner of presenting or demonstrating your software or solution to the judges.
Judging. The solution submitted by you to the Organisers for this hackathon (your “Submission”) will be judged by the panel of judges appointed by the Organisers. The judges will, in their sole and absolute discretion, select and rank the top winning teams based on the available winning categories. All decisions by the judges are final and not subject to review, appeal or reconsideration.
Prizes. All prizes, including the prizes available and the eligibility criteria to receive prizes, are determined by the Organisers in their sole and absolute discretion. The Organisers reserves the right at any time to change the prizes available or eligibility criteria to receive prizes, including substituting any prize with other items. The receipt of prizes is subject to availability (including relevant sponsors having provided the relevant prizes and/or funding as anticipated by the Organisers). All taxes and other expenses, costs, or fees associated with the acceptance and/or use of any prize are the sole responsibility of the winning participants or teams. Prizes cannot be transferred or substituted by any winner, including exchanged for cash or other prizes. If a prize is unclaimed by any winning participant or team within one (1) week from the conclusion of the hackathon, the Organisers may in their sole and absolute discretion, forfeit the prize entirely and/or select an alternate winner to receive the prize.
Disqualification. You may, at any time withdraw from further participation in this hackathon by giving notice to the Organisers and the reasons for your withdrawal. You may, without notice, be immediately disqualified from participating (or further participation) in this hackathon if the Organisers in their sole and absolute discretion determine that:
You have engaged in any one of the following: (i) verbal abuse of another participant or the Organiser’s staff; (ii) inappropriate touching or harming of another participant or the Organiser’s staff; (iii) breach of these terms or any other agreement entered into in connection with this hackathon; (iv) compromising (or attempting to compromise) the spirit, integrity or legitimate operation of this hackathon, including by cheating, hacking, creating a malicious bot or other automated program, or by committing fraud in any way; or (v) where continued participation may affect your health or personal well-being.
In exercising its rights of disqualification against you, the Organisers may in its sole and absolute discretion determine whether to disqualify your entire team or any one or more members of your team. If the Organisers only disqualify certain member(s) of your team, the remaining member(s) not disqualified may elect to continue participating in this hackathon without the disqualified member(s), and without the right to replace any disqualified member(s).
Intellectual Property and Licensing. You will retain ownership of any intellectual property created by you pursuant to this hackathon, including in any Submission. In consideration of your participation in this hackathon, you will grant to each of the Organisers (severally and not jointly), a non-exclusive, transferrable, perpetual, irrevocable, worldwide, royalty-free right and licence to use, modify, reproduce, distribute and create derivative works (or have others exercise such right and licence on their behalf) of all intellectual property in any Submission (including copyright in any source or object codes), whether or not for the Organiser’s business or operational purposes, and including the right to sub-license such intellectual property or derivative works on an open source basis and further on such open source terms as the Organiser may determine. For the avoidance of doubt, the ownership of all intellectual property comprised in any derivative created by or for an Organiser shall vest solely in that Organiser.
Warranties. You represent, undertake and warrant that: (a) you have the requisite rights, licenses and consents to grant the license in Clause 10 to the Organisers; (b) your Submission will not be developed with software and tools, and will not incorporate any software and tools, that would prevent or restrict the Organisers from using, modifying, reproducing, distributing, creating derivative works from, or sub-licensing the Submission, in the manner contemplated in Clause 10 or where such use, modification, reproduction, distribution or creation would require the Organisers to seek the consent of a third party; and (c) your Submission will not infringe upon any intellectual property right or other proprietary right (including confidential information or trade secrets) of any third party.
Disclaimers. This hackathon and any services or materials provided by the Organisers in connection with this Hackathon, are made available on an “as is” and “as available” basis, and the Organisers disclaim all representations, conditions and warranties of any kind, whether express, implied or otherwise, in relation to this hackathon and the services or materials provided in connection with this hackathon, and the Organisers disclaim all liability in respect of the Hackathon, to the extent permissible by law. Notwithstanding any part of these terms, the Organisers reserve the right to discontinue, terminate or postpone this hackathon at any time, in its sole and absolute discretion, without prior notice to you, and without incurring any liability to you.
Limitation of Liability. In no event will the Organisers be liable to you for any special, indirect, incidental, consequential damage of any nature whatsoever including any loss of profits, loss of revenue, contracts, anticipated savings or business, pure economic loss, loss or corruption of data, loss of opportunity and/or expectation loss. To the extent that the Organisers may be liable to you, the Organisers’ aggregate liability to you, whether in contract, tort (including negligence) or otherwise for any and all losses, damage or liabilities caused or arising from any breach, failure or default to perform any of its obligations (whether arising under these terms or at law), and regardless of the number of claims, shall not exceed the aggregate sum of S$100.
Indemnities. In the event of any breach of these terms by you, or any act or omission which results in such a breach, you shall indemnify, keep indemnified and hold each of the Organisers harmless from and against all actions, proceedings, claims, demands, loss, damages, costs, legal costs and other expenses of any nature which may be made or brought against or suffered or incurred by the Organisers, whether directly or indirectly.
Personal Data. Your personal data will be collected in the course of your participation in this hackathon, including during the registration process and the taking of photos or other recordings during this hackathon. You consent to the Organiser’s use of your personal data in connection with the hackathon, including the publication of your photos or recordings on such media platforms that the Organisers may from time to time determine for the purposes of promoting or reporting on this hackathon.
Third Parties. Your participation in this hackathon may require you to accept or enter into other agreements with third parties (e.g. access to AWS Educate or the AWS Developer Portal). These third parties are our agents and we are responsible for their actions or omissions. These terms shall not in any manner affect your agreements with these third parties.
Amendments. The Organisers may in its sole and absolute discretion amend these terms, by publishing the amended terms on the Website. The amended terms shall take effect and bind you upon publication.