DEVELOPER CIRCLES VIETNAM INNOVATION CHALLENGE COMPETITION
TERMS AND CONDITIONS
Thank you for your interest in the Developer Circles Vietnam Innovation Challenge (the “Innovation Challenge”). The Innovation Challenge consists of two components: a training program (the “Training Program”), which is governed by a separate set of terms and conditions (the “Terms”), and this competition (the “Competition”), which is governed by these official rules (the “Rules”). Additional information regarding the Competition can be found on the Innovation Challenge website https://devc-challenge.coderschool.vn/ (the “Challenge Website”).
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS COMPETITION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THIS IS A CLOSED PROMOTION, ONLY OPEN TO MEMBERS OF AN INNOVATION CHALLENGE COMPETITION TEAM (A “TEAM”), AS DESCRIBED BELOW. EACH INDIVIDUAL TEAM MEMBER FROM THE WINNING TEAM (AN “INDIVIDUAL”) MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FOURTEEN (14) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION (OR OTHER SPECIFIED TIMEFRAME IN NOTIFICATION) OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.
INTERNET ACCESS, A VALID EMAIL ADDRESS ARE REQUIRED TO PARTICIPATE, AND MEMBERSHIP TO DEVELOPER CIRCLE REQUIRED TO PARTICIPATE, AS DETAILED BELOW. YOU WILL BE REQUIRED TO PARTICIPATE IN COMPETITION EVENTS IN THE CITY FROM WHICH YOUR COMPETITION TEAM WAS FORMED (EITHER HO CHI MINH CITY, HANOI, OR DA NANG). THE COMPETITION DATES, TIMES AND LOCATIONS WILL BE ANNOUNCED ON THE INNOVATION CHALLENGE WEBSITE.
BY ENTERING THIS COMPETITION, ENTRANT (DEFINED BELOW) AGREES THAT THE TECHNOLOGY PRODUCT CREATED BY EACH TEAM WILL BE MADE AVAILABLE TO SPONSOR AND PROGRAM ENTITIES (DEFINED BELOW) FOR USE FREE-OF-CHARGE THROUGHOUT THE COMPETITION PERIOD AND WINNER VERIFICATION, AS DESCRIBED IN MORE DETAIL BELOW.
BY ENTERING THIS COMPETITION THROUGH PARTICIPATION ON A TEAM, EACH ENTRANT AGREES TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO ENTRANTS SHALL READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM THE ENTRANTS AND A LIMITATION OF ENTRANTS’ RIGHTS AND REMEDIES. IN ADDITION, THESE RULES INCLUDE THE RIGHT OF SPONSOR’S PARTNERS AND OTHER PROGRAM ENTITIES TO CONTACT ENTRANTS DIRECTLY. SPONSOR MAY BE RUNNING MORE THAN ONE COMPETITION DURING THE COMPETITION PERIOD. EACH COMPETITION IS INDEPENDENT, AND ENTRY IN ONE DOES NOT AFFECT ANOTHER.
Overview: This Competition is sponsored by CoderSchool Vietnam (12 Ton Dan, District 4 , Ho Chi Minh City, Vietnam) (“CoderSchool” or “Sponsor”), with support from Facebook Singapore Pte Ltd. and other partners (collectively with Sponsor, “Program Entities”). Eligible participants (“Individuals”) may participate in the Competition only through membership on a Team, as detailed below. Once the Teams have been formed in each of the three cities where the Competition will be held, the Teams will be given further details and information on the Competition challenges, event dates and locations.
The general timeframe for the Competition will be as follows (the “Competition Period”):
Ho Chi Minh City: July 2019 - December 2019
Hanoi: June 2019 - November 2020
Da Nang: August 2020 - January 2021
Where distinction is not necessary, any Individual or Team (including each Team member) that enters or takes steps to participate in this Competition is referred to in these Terms as an “Entrant.”
Eligibility and Team formation: Only Teams, which will consist of between three (3) to five (5) members, will be permitted to compete in the Competition. At least two (2) members of a Team must also be participants in the Innovation Challenge Training Program (“Participants”). Individuals who are not Training Program Participants may join with Participants to form a Team. An Individual who is not a Training Program Participant may be subject to background and eligibility screening, but at a minimum must be a natural person who is a legal resident of Vietnam, be a minimum of 18 years old, and be a member of a Developer Circle.
Employees, officers, directors, members, managers, agents, and representatives of CoderSchool, Facebook and any other entities participating in the design, promotion, marketing, administration, or fulfilment of the Innovation Challenge and/or any of its components, including the Training Program or the Competition, or any of their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, and advertising, promotion, and public relations agencies, judges and their employers, employees, managers, agents and representatives (collectively, the “Released Parties”) and any family member or member of the same household (whether or not related) of any such persons are not eligible to apply or receive benefits in this Program. For purposes of this Program, the term “family members” is defined as any spouse, partner, parent, legal guardian, child, sibling, grandparent, grandchild, or in-law.
Entrant (including each member of a Team) must not be under any legal or contractual obligation that would prohibit his/her/its participation in this Competition as described in these Terms. If participating in this Competition would result in a violation by Entrant of any law applicable to it or any agreement to which it is a party, such Entrant is ineligible.
Participation in this Competition constitutes Entrant’s full and unconditional agreement to and acceptance of these Terms and the decisions of Sponsor, which are final and binding in all matters. Any natural person completing any portion of the entry process described in these Terms on behalf of a Team Entrant must be authorized to legally bind that Team. Limit one (1) entry per Team. Each Team must appoint and authorize one individual (the “Representative”) to represent, act, and enter, on their behalf. The Representative must meet the eligibility requirements above. By entering on behalf of a Team you represent and warrant that you are the Representative authorized to act on behalf of your Team.
How to enter:
To participate in the Competition, each Team must select a problem statement during the first month of the training program [the “Task”]. Each Task will require, at a minimum, that Teams create and write code to invent a product that offers a solution to their selected Task (“Solution” and together with all ancillary materials submitted, “Entrant Content”). The Competition Period is six months and will have two batches of the Training Program (each batch is three (3) months long, and will be back to back). Each Team will work on their selected Task and build their Solution throughout the three-month Training Program Period. All code must be created by Entrants during the timeframe of the Training Program. Teams may work on their Solution outside of the events of the Innovation Challenge, but they must work on their Solution during the three-month time frame. At the end of the Training Program, teams will submit their Solution to the Task to CoderSchool. To maintain fairness, the first batch of Teams must submit their Solution at the end of their three-month Training Program. At the end of the Competition Period, selected teams will be chosen to present their Solution at the final demo day (“Demo Day”)of the Competition Period. Not all teams will present their Solution on the Demo Day; there will be a preliminary round before the Demo Day to select the top teams to present in front of a panel of judges.
Entries must be submitted and received by Sponsor by the end of the Training Program batch’s period in strict accordance with these Terms. The Challenge Website’s clock will be the official timekeeper for this Competition. For purposes of this Competition, only complete Entries that are actually received by Sponsor in person or over email will be considered. Sponsor will send an email verification to the Teams that have successfully submitted their Entries. Those who do not abide by these Terms and the instructions of Sponsor and its representatives and provide all required Entrant Content may, in Sponsor’s discretion, be disqualified. Entries (or participation that does not qualify as an “Entry”) that are incomplete, lost, late, misdirected, mutilated, fraudulent, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made on behalf of an Entrant by a third party not affiliated or associated with that Entrant (as determined by Sponsor in its sole discretion) or originating through any commercial promotion subscription, notification, or entering services will be declared invalid and disqualified for this Competition. No Released Party will have any responsibility or liability for any dispute regarding any Entrant, including the identity of any Individual Entrant, the composition or members of a Team Entrant, or the distribution of any prize won among members of a Team Entrant. In the event that any dispute regarding an Entry or Entrant (including those regarding the identity or members of an Entrant Team or any Entrant’s rights in Entrant Content) cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible and the Entrant disqualified. ENTRIES AND PARTICIPATION MAY NOT BE ACKNOWLEDGED, WILL NOT BE RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF THE ENTRY. ANY ENTRY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE TERMS MAY, IN SPONSOR’S DISCRETION, BE DEEMED INELIGIBLE.
Intellectual Property: All aspects of the Entrant Content must be solely owned by, or licensed to, the Entrant or in the public domain. All third-party content not owned by or licensed to the Entrant is prohibited, unless such content is in the public domain. Sponsor may request written proof of ownership of or adequate license to Entrant of any Entrant Content. Failure to timely provide adequate proof of ownership or sufficient license rights in any content included in the Entrant Content (as determined by Sponsor in its sole discretion) may result in the Entrant being disqualified and related Entry deemed void.
Language: All Entrant Content must be in Vietnamese or English or, if not in Vietnamese or English, the Entrant must provide an accurate English translation and promptly respond to questions or requests for clarification from Sponsor within the timeframe requested, if any. If any part of a Competition Team’s Entrant Content depicts, identifies, or includes any person that is not a member of the Competition Team, the Competition Team must have all permissions and rights from the individual depicted, identified, or included (and, if such individual is a minor, his/her parent or legal guardian) and Entrant agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
Other Requirements/Restrictions: Entrant Content must not create or imply any association between Sponsor and any individual or entity or his, her, its or their products or services, including the Entrant. Entrant Content must not contain any recognizable third-party trademarks (including logos), trade dress, or other brand elements unless the Entrant has permission from the rights owner to use such material. Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, patent, trade secret, or rights of privacy or publicity. Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, libelous (including trade libel), disparaging, harassing, threatening, profane, obscene, pornographic or otherwise adult-oriented, hateful, indecent, inappropriate, or injurious to any Released Party or any other party. Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations. Entrant Content must be suitable for presentation in a public forum. Entrant agrees that his, her, or their participation in the Competition and agreement to these Rules and any Released Party’s reproduction, display, and use of the Entrant Content in accordance with these Terms will not violate any agreement to which Entrant is a signatory or party. Entrant agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content authorized under these Terms. Sponsor reserves the right in its sole discretion to disqualify from the Competition any Entrant whose Entry (in its sole discretion) refers, depicts, or in any way reflects negatively upon a Released Party, the Competition, or any other person or entity or does not comply with these Terms, including any of the above Entry requirements.
WINNER SELECTION/NOTIFICATION: Sponsor will select judges to evaluate the Innovation Challenge Entries. Sponsor will first do a preliminary round to select the Teams and Entries that will qualify for the final round to present to judges. The corresponding judge to the problem statement selected will be present for the presenting Team, and additional judges from the other problem statements will also be on the panel. The judging will happen at the Demo Day of the Competition Period.
Judges will use the following criteria, which is subject to change in the sole discretion of Sponsor, to determine the Competition winner:
● Direct relevance to the core problem, addressing the core problem (40%)
● Uniqueness of the recommended solution (30%)
● Feasibility and ease of implementation of the solution (30%)
Each Entrant acknowledges that other Entrants may have ideas and concepts contained in their Entry that may have familiarities or similarities to his/her/their Entry, and that he/she/it will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
There will be one (1) Grand Prize winner; one (1) runner up; and one (1) third place winner. A maximum of five (5) Teams that do not place in the top three (3) competition winner spots will also receive prizes, as determined by Sponsor and detailed below. The Entries with the eight (8) highest scores will win the prizes described below. In the event of a tie, the Sponsor will decide the winner and how to distribute the prizes. Winners will be determined as specifically described, and not using any random drawing or method incorporating chance. Sponsor or its designee will attempt to notify the potential winners within one week after the final event via the email submitted through the Challenge Website. Sponsor may also publicly post the results (as determined by Sponsor in its sole discretion). Each potential individual winner, all natural people who are members of a winning Team (as determined and requested in Sponsor’s sole discretion) may be required to complete, execute, have notarized (if applicable), and return an Affidavit/Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law), tax documents, and related prize-acceptance documents (collectively, “Winner Documents”) within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. If any individual Entrant, individual member of a Competition Team, or Representative refuses to comply with the foregoing requirements and other requirements of Sponsor, his/her/their Entry may be disqualified at any time in Sponsor’s sole discretion with no liability or responsibility to the respective Entrant or any individual within that Entrant, even if other Competition Team members have complied with the requirements. The Winner Documents must be received by Sponsor from the potential winner within fourteen (14) days of Sponsor sending the documents to the potential winner(s) (or other time frame as stated in the Winner Documents) or prize may be forfeited and an alternate winner selected. If any notification or other Competition-related communication is returned as undeliverable, or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected Winner may be disqualified and an alternate winner may be determined (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prize claim and Winner Documents are subject to verification by Sponsor. All prizes legitimately claimed will be awarded. Sponsor will not be obligated to pursue more than three (3) alternates (time permitting) for the prize for any reason.
Prizes will be payable to the Entrant’s Representative. It will be the responsibility of the winning Entrant’s Representative to allocate the prize among their Team’s participating members, as the Representative deems appropriate without involvement of Sponsor. Prizes are payable via any means of the Sponsor’s choosing, whether electronic or not, and are payable only after receipt of the Winner Documents and any other required forms. A winning Entrant may be required to provide a mailing address, bank information, and/or create an account with an electronic payment provider of the Sponsor’s choosing in order to receive payment. To the fullest extent allowable under applicable law, all taxes (including, without limitation, national, federal, state, provincial, territorial, prefectural, and/or local taxes), as well as any expenses arising from acceptance or use of the prize and not specified in these Terms as being provided as part of the prize, are the sole responsibility of each winner.
Winners may be required to provide certain information to facilitate receipt of the prize, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements, which may include a W-8BEN form. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the prize to relevant government departments/agencies, if necessary. Sponsor reserves the right to withhold a portion of the prize amount to comply with the tax laws of the United States or those of a winner’s jurisdiction.
Prizes & quantity. The winning Entry will receive round trip tickets and accommodation for each and every Team member to Facebook’s office in Singapore (ARV of 70,000,000VND per Individual and up to 350,000,000VND per team) (“Grand Prize”). The Team that places second will receive 35,000,000VND cash prize, and the Team that places third will receive 24,000,000VND cash prizes.
Other prizes awarded to Teams that do not place in the top three spots, but that are given high scores by judges, will consist of:
· Sendo gift cards (ARV of 500,000VND each, maximum total of 250,000,000VND)
· MoMo 1M VND credits (ARV 50,000,000VND)
· ChoTot gift basket (ARV 25,000,000VND
· Fe Credit (ARV of 500,000VND each, maximum total of 250,000VND)
Total ARV of all prizes in this Competition: 670,000,000VND
Any funds or things of value provided by Sponsor in connection with this Competition shall be used only in accordance with applicable laws and shall not be used in any way, directly or indirectly, to facilitate any act that would constitute bribery or an illegal kickback, an illegal campaign contribution, or would otherwise violate any applicable anti-corruption or political activities law.
The Grand Prize consists solely of the following for use only by each member of the winning Team: (1) one round-trip, economy-class airfare ticket from a Sponsor-selected airport near the Individual’s residence to a Sponsor-selected airport in or near Singapore; accommodations (one (1) room based on single occupancy) for 2 nights at a Sponsor-selected hotel in Singapore; ground transportation between the airport and hotel on arrival and departure; transportation to and from Facebook offices in Singapore; tour of the Facebook office; and meals the day of the Facebook office visit. (the “Trip”).
For the Grand Prize winning Team, the following applies, both to the Team as a whole and to each member of the Team individually (each, a “Winner” or collectively the “Winners”): Winners will travel to Singapore, the dates and arrangements of which will be determined in Sponsor’s sole discretion. Actual retail value of the Trip portion of the prize may vary depending on market conditions, changes in value of components (e.g., air transportation and hotel rates) and other reasons. The Released Parties are not responsible for, and Winner will not receive, the difference between the actual value of the prize at the time of award and the stated ARV in these Terms or in any Competition-related correspondence or materials. Winners must travel from a Sponsor-selected airport within the Territory on Sponsor-selected dates or the prize may be forfeited and an alternate winner named. Failure to complete the Trip does not relieve the Winner of their tax obligations associated with winning the Trip. Specific travel arrangements not specified in these Terms will be made and determined in Sponsor’s sole discretion. All tickets are subject to the terms and conditions specified thereon. Travel must originate from and end at the same airport. It is the Winner’s sole responsibility to comply with all travel requirements, which may include, without limitation, presenting a valid passport, visa and/or other necessary identification (including photograph) at the time of travel. Flight schedules are subject to change without notice. Winner may be required to provide a credit card at time of hotel check-in to cover hotel incidentals. WINNER AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. Sponsor is not responsible for a potential winner’s inability to accept or use the prize for any reason. All travel arrangements must be made through Sponsor or its designee. The Released Parties are not responsible for any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, benefit providers or any other persons providing any Trip-related services or accommodations. The Released Parties are not liable for any missed events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other benefit element except at the sole and absolute discretion of the Released Parties. Trip recipient is responsible for obtaining travel insurance (and all other forms of insurance) at his/her option and hereby acknowledges that the Released Parties have not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Any taxes (federal, state, provincial/territorial, and local) and all expenses not specifically mentioned herein, are not included as part of any Trip benefits, and are solely the Trip recipient’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the Trip recipient’s destination(s), carrier fees, government charges, room service, bag check fees, parking fees, laundry service, food, beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel policies and regulations apply. Travel and lodging are subject to availability.
Sponsor is not responsible for any inability or unwillingness of any winning Entrant to accept or use the prize (or portion thereof) for any reason. Any prize elements delivered by mail will only be mailed to the winning Entrant’s address within the Territory. Prize details not specifically stated in these Terms, will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or prize element or any prize that is undeliverable or does not reach a Winner because of incorrect or changed contact information. If a Winner does not accept or use the entire prize for any reason, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Prizes may not be transferred (a) to any individual, entity, or country prohibited by any applicable U.S. or non-U.S. export controls and trade sanctions; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by applicable export controls and trade sanctions, including nuclear, chemical or biological weapons, or missile technology applications without the required government authorizations. You acknowledge that Sponsor is subject to U.S. economic restrictions and trade sanctions. As such, Sponsor reserves the right to deny distribution of any prize when required by applicable law. Sponsor reserves the right to substitute any stated prize or any component thereof with another prize or component of equal or greater value for any reason. Sponsor has no obligation to award more than the stated prizes. Sponsor, in its sole discretion, may elect to award additional prizes to selected Entrants, provided that Sponsor will at no point have any obligation to do so. Entrants waive the right to assert as a cost of winning the prize, any and all costs of verification and redemption and any liability and publicity that might arise from claiming or seeking to claim said prize.
LICENSE: By entering, except where prohibited by law, each Entrant grants to the Released Parties (and their agents, successors, and assigns) the irrevocable, transferable, sublicensable, absolute right and permission to use, edit, modify, copy, reproduce, and distribute any Entrant Content that comprises the Entrant’s Entry in perpetuity and in any medium (including online and in digital media) in any language, throughout the world, for the purposes of evaluating Entries, administering this Competition, and for any marketing or promotional purposes, without further review, notice, approval, consideration, or compensation beyond the opportunity to win a prize in this Competition. In no way limiting the foregoing, Winners understand and agree that their presentation at the Workshop may be videotaped and/or livestreamed and they must agree to such as a condition of participating in this Competition. Each Entrant further grants to the Released Parties (and their agents, successors, and assigns) a non-exclusive, irrevocable, worldwide, transferable and sublicensable right and license to use his, her, or their (and his/her/their Mode’s) trade names and trademarks (including logos) in connection with this Competition.
Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and each of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to submit his/her/their Entry for purposes of the Competition does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Terms. Each Entrant understands and acknowledges that the Released Parties have wide access to ideas, text, images, code, applications, software, and other creative materials. Each Entrant also acknowledges that many ideas for applications and online services may be competitive with, similar to, or identical to his/her/their Entrant Content and/or each other in idea, function, components, format, or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material that has or may come to such Released Party from other sources. Each Entrant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the Entrant’s patent, copyright or other proprietary rights in and to his/her/their Entry. Each Entrant waives and releases the Released Parties from any and all claims that Entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of any Entrant Content without further notification or compensation to Entrant of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties, each of their licensees, or any other person in connection with this Competition, on the grounds that any use of any Entrant Content or element thereof or derivative works therefrom in accordance with this license infringes or violates any of Entrant’s rights therein. In no way limiting the foregoing, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Competition, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the distribution, exhibition, or other exploitation of any Released Party process, application, service or other property, and Entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES: NOTHING IN THESE TERMS LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEE OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE TERMS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY ANY MANDATORY PROVISIONS OF APPLICABLE LAW, THE RELEASED PARTIES EXCLUDE FROM THESE TERMS ALL CONDITIONS, WARRANTIES, AND TERMS IMPLIED BY STATUTE, GENERAL LAW, OR CUSTOM, EXCEPT FOR LIABILITY IN RELATION TO A NON-EXCLUDABLE GUARANTEE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY (I.E., DEFEND AND/OR REIMBURSE) THE RELEASED PARTIES FROM ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARDING OF A PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY COMPETITION- OR PRIZE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). FURTHER, ENTRANT AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE (EXPRESS OR IMPLIED, IN FACT OR IN LAW), WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, BEYOND ANY NON-EXCLUDABLE GUARANTEES.
ADDITIONAL DISCLAIMERS: The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the Entrant (or a member of any Entrant Team), or by human error (except to the extent that any of the following occur for reasons within Sponsor’s reasonable control, if applicable law in your jurisdiction of residence dictates that liability to the injured party in such a case cannot be excluded by law): Entries made by illegitimate means (such as, without limitation, by an automated computer program); any lost, late, postage-due, incomplete, illegible, incomprehensible, mutilated, or misdirected vote, email, mail, or Competition-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable telephonic, cellular, cable, or satellite systems; errors, typos or misprints in these Terms, in any Competition-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections or any failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications; technical or human error which may occur in the administration of the Competition or the processing of Entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Competition or receipt or use of any prize. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or for insufficient space in a person’s email account or voicemail inbox to receive email or voice messages. Released Parties are not responsible, and may disqualify an Entrant, if any contact information provided by the Entrant does not work or is changed without giving prior written notice to Sponsor. Without limiting any other provision in these Terms, the Released Parties are not responsible or liable to any Entrant or Winner (or any person claiming through such Entrant or Winner) for failure to supply a prize or any part thereof in the event that any of the Competition activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
Prizes may not be transferred (a) to any individual, entity, or country prohibited by any applicable U.S. or non-U.S. export controls and trade sanctions; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by applicable export controls and trade sanctions, including nuclear, chemical or biological weapons, or missile technology applications without the required government authorizations. You acknowledge that Sponsor is subject to U.S. economic restrictions and trade sanctions. As such, Sponsor reserves the right to deny distribution of any prize when required by applicable law.
GENERAL RULES: The Participants agree to comply with all applicable laws and regulations during throughout the Innovation Challenge and Training Program. By entering this Competition (except where prohibited by law), each natural person agreeing to these Terms as part of an Entry (as an Entrant or on behalf of an Entrant Team) grants the Released Parties the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review or approval, and each such person releases all Released Parties from any and all liability related to such authorized uses. Nothing contained in these Terms obligates Sponsor to make use of any of the rights granted herein and each natural person granting publicity rights under this provision waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Competition, including interpretation of these Terms, determination of the Winners, and awarding of the prizes. All Entrants, as a condition of entry, agree to be bound by these Terms and the decisions of Sponsor. Failure to comply with these Terms may result in disqualification from the Competition. Entrants further agree to not damage or cause interruption of the Competition and/or prevent others from participating in the Competition. Sponsor reserves the right to restrict or void participation from any Facebook account, IP address, email address or domain, or device if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries or other participation by any person or entity who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Competition. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Competition-related materials and these Terms (including any alleged discrepancy or inconsistency within these Terms), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Competition or these Terms. If Sponsor determines (at any time and in its sole discretion) that any Winner or potential winner is disqualified, ineligible, in violation of these Terms, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person or entity, Sponsor reserves the right to disqualify such Winner or potential winner, even if the disqualified Winner or potential winner may have been notified or displayed or announced anywhere. Sponsor’s failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Competition is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Competition and award the prize based on eligible Entries received prior to cancellation, modification, or suspension, if any, or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, participates or submits Entries by fraudulent means, or is otherwise determined to be in violation of these Terms in an attempt to obtain a prize, Sponsor may disqualify that person (and any Entrant on the behalf of which such person participated in the Competition) and seek damages from him or her and that person may be prosecuted to the full extent of the law. If any dispute regarding an Entry cannot be resolved to Sponsor’s satisfaction, such Entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES/GOVERNING LAW: Except where prohibited by law, any and all disputes, claims, and causes of action between an Individual, Entrant or Team and any Released Party arising out of or connected with the Innovation Challenge in general or this Competition in particular or the determination of any Individual must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an Individual be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than the Individual’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10 USD), and each Individual further waives all rights to have damages multiplied or increased.
This Innovation Challenge and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the internal laws of the State of California, USA, and if that is not possible the Republic of Vietnam without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of the laws of any jurisdiction. Any legal actions, suits or proceedings related to this Innovation Challenge (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in a court of competent jurisdiction over San Mateo County, California, USA, and if that is not possible in a court of competent jurisdiction in the closest city to Applicant’s place of residence in the Republic of Vietnam and each Applicant (and their parent or legal guardian if they are a minor) accepts and submits to the personal jurisdiction of those courts with respect to any legal actions, suits or proceedings arising out of or related to this Innovation Challenge.
CoderSchool may use certain third-party service providers (“Third-Party Providers”) to support portions of the Competition. By participating in the Competition, you agree that you are responsible for reviewing the applicable terms and privacy policies of those Third-Party Providers and that CoderSchool is not responsible for your interactions with those Third-Party Providers.
RULES/WHO WON?: A copy of these Terms is available by sending an email with the subject line “Developer Circles Vietnam Innovation Challenge - Terms” to email@example.com. During the Competition Period, the Terms will also be available by visiting https://devc-challenge.coderschool.vn/tc-competition. Information about who won is available by sending an email with the subject line “Developer Circles Vietnam Innovation Challenge – Who Won?” to firstname.lastname@example.org. Rules requests must be received no later than the end of the Competition Period. Requests for winner information must be received no later than three (3) months after the end of the Competition Period.
SPONSOR: CoderSchool Vietnam, 12 Ton Dan, District 4, Ho Chi Minh City 70000.