Core Technology Foundation, Inc. Challenge
Challenge-Specific Agreement
Please Read This Carefully! You and Core Technology Foundation, Inc. (hereinafter referred to as “CoreTech Foundation”) are agreeing to a Challenge-Specific Competitor Agreement for this particular CoreTech Foundation Challenge only. This CoreTech Foundation Challenge requires that you accept these special terms, so please take the time to understand them.
If you click "I agree" and proceed to register for this Challenge, this Challenge-Specific Agreement ("CSA") will be a valid and binding agreement between you and CoreTech Foundation and in addition to the existing HeroX Terms of Use for all purposes relating to this CoreTech Foundation Challenge. Please print and keep a copy of this CSA. No provisions you may have agreed to that are specific to any other individual CoreTech Foundation Challenge will apply.
Submissions. As a Competitor, you may submit to CoreTech Foundation your Submission for the CoreTech Foundation Apps for Humanity Challenge to which this CSA relates. By submitting your Submission you thereby agree to provide reasonable assistance and additional information concerning your Submission to CoreTech Foundation, if requested.
Acceptance of Submission and License to Use. CoreTech Foundation will notify you if your Submission has been selected by CoreTech Foundation for a Prize according to the Challenge Schedule set forth in the Challenge Guidelines. CoreTech Foundation will judge all Submissions against the criteria set out in the Challenge Guidelines and determine, in its sole discretion, which Submission best addresses the Challenge Guidelines. CoreTech Foundation has absolute and sole discretion to determine whether to accept your Submission, or any Submission, and whether to make a Prize, multiple Prizes or any Prize. The meeting of the Challenge Guidelines does not automatically mean that the Submission will be eligible for a Prize. Submissions must NOT contain or include ideas, concepts, solutions or technology in respect of which a third party owns or controls the intellectual property. Submissions and descriptions thereof may not include trademarks or trade names of corporations or entities without the permission of their owners. By entering, you represent and warrant that:
your entire Submission is an original work by you and you have not included third-party content (such as writing, text, graphics, artwork, logos, photographs, dialogue from plays, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Submission, unless (a) otherwise requested by the CoreTech Foundation and/or disclosed by you in your Submission, and (b) you have either obtained the rights to use such third-party content or the content of the Submission is considered in the public domain without any limitations on use;
no person or entity other than you has any right, title or interest in any part of your Submission;
unless otherwise disclosed in the Submission, the use thereof by CoreTech Foundation, or the exercise by CoreTech Foundation of any of the rights granted by you under this Agreement, does not and will not infringe or violate any rights of any third party or entity, including, without limitation patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, intentional or negligent infliction of emotional distress, confidentiality, or any contractual or other rights;
you have all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that you have granted to CoreTech Foundation hereunder, including the right for CoreTech Foundation to use and develop derivative works of and from the Submission;
all persons who were engaged by you to work on the Submission or who appear in the Submission in any manner have:
a. given you their express written consent to submit the Submission for unlimited, royalty-free use, exhibition and other exploitation in any
manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity;
b. provided written permission to include their name, image or pictures in or with your Submission (or if a minor who is not your child, you
must have the permission of their parent or legal guardian) and you may be asked by CoreTech Foundation to provide permission in
writing;
c. no claims for payment of any kind, including, without limitation, for royalties or residuals, has no approval or consultation rights or any rights
of participation arising out of any use, exhibition or other exploitation of the Submission; and
d. not been and are not currently under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition
or other exploitation of the Submission; and
e. you understand, recognize and accept that CoreTech Foundation has access to, may create or has created materials and ideas which may
be similar or identical to the Submission in concept, theme, idea, format or other respects. You acknowledge and agree that CoreTech
Foundation shall have the right to use such same or similar materials, and that you will not be entitled to any compensation arising from
CoreTech Foundation's use of such materials. In the event that your entry is identical or similar to the Submission of another Competitor,
CoreTech Foundation reserves the right, at the sole discretion of CoreTech Foundation to either score one Submission higher than the other
subject to the Challenge Guidelines or to randomly choose a Submission from all of those submitted which respond to the Challenge
Guidelines.
By entering, you agree that: (i) all Submissions become CoreTech Foundation’s property and will not be returned; and (iii) CoreTech Foundation and its licensees, successors and assigns have the right to use any and all Submissions, and the names, likenesses, voices and images of all persons appearing in the Submission, for future advertising, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity.
All intellectual property rights, if any, and in all inventions, patents, patent applications, designs, copyrights, trademarks, trade secrets, software, source code, object code, processes, formulae, ideas, methods, know-how, techniques, devices, creative works, works of authorship, publications, and/or other intellectual property (“Intellectual Property”) developed by you as part of your submission will remain with the competitor, subject to the the requirement described in the Challenge Guidelines (https://herox.com/appsforhumanity) that require each Team to agree that their Entry, if selected as a Finalist, will be released under open source licenses at completion of the Challenge
Please also be aware that your Submission may not be acknowledged and will not be received or held "in confidence" and your Submission does not create a confidential relationship or obligation of secrecy between you and any of the entities involved in this Challenge.
Other Contracts, Confidentiality, and Indemnification. You agree that you will not disclose to CoreTech Foundation, any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell or license. You agree that you will not discuss any confidential information of your own, other parties, or CoreTech Foundation unless you are specifically using the HeroX website to do so. Should your participation in the Challenge be found to breach legal obligations you may have with other third parties or in the event of a breach of the confidentiality obligations in this Section 3, you agree to defend, indemnify and hold harmless CoreTech Foundation,, its and their respective officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with such unauthorized and prohibited disclosure.
Changes and Cancellation. CoreTech Foundation has the right to make updates and/or make any changes to, or to modify the scope of the Challenge Guidelines, Challenge Schedule, and Winning Criteria at any time during the Challenge. Competitors are responsible for regularly reviewing the Challenge site to ensure you are meeting all rules and requirements of the Challenge. CoreTech Foundation has the right to cancel the Challenge at any time, without warning or explanation, and to subsequently remove the Prize completely.
GENERAL CONDITIONS. CoreTech Foundation has the right to verify each Competitor's eligibility and compliance with this CSA. CoreTech Foundation has the right to enforce the terms and conditions hereof directly against you. Participation is conditioned on providing the data required in the online registration form. Competitors should direct any request to access, update, or correct information to CoreTech Foundation. CoreTech Foundation is NOT responsible for human error, theft, destruction, or damage to Submissions, or other factors beyond its reasonable control.
Competitors should not register with multiple e-mail and/or street addresses. In the event of a dispute as to any Submission, the authorized account holder of the email address used to enter will be deemed to be the person who submitted the Submission. The authorized "account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
Competitor is responsible for any related costs to complete activities related to solving the challenge;
Competitor is responsible for obeying any local, national, and international laws in undertaking any activities related to solving the challenge;
Competitor is responsible for obtaining any insurance related to activities performed to solve the challenge;
Competitor is responsible for truthful representation of all activities undertaken to solve the challenge; CoreTech Foundation reserves the right, at any time, to verify such activities;
Competitor is responsible for maintaining accurate records and truthfulness of metrics, or impact related to activities undertaken to solve the challenge; CoreTech Foundation is not responsible for calculating results, but reserves the right, at any time, to verify such information;
Competitor is responsible for completing registration and submitting Submissions by the dates outlined in the Challenge Guidelines; CoreTech Foundation is not required to accept late registrations or late Submissions;
CoreTech Foundation is not liable for any activities undertaken to solve the challenge;
CoreTech Foundation has the right to disqualify an individual from the challenge at any time.
Representations and Warranties. You represent and warrant that:
All information provided by you regarding yourself and, if applicable, your business ("Competitor Information") is true, accurate, current, and complete information and you will maintain and update the Competitor Information to keep it true, accurate, current and complete.
If you are an individual representing a business or other entity, you are authorized to enter into this Agreement on behalf of that business or entity.
Unless otherwise disclosed in the Submission, you are the owner of the Submission and the Submission does not infringe or violate any patent, copyright, trade secret, trademark or other third-party intellectual property right.
You have the right to grant the license in the Submission as required by Section 2 of this CSA.
Conflict. In the case of any conflict between the terms of this CSA and the Terms of Use, this CSA controls.
Communication. English is the official language for submissions, proposals, presentations, and all communications in the Challenge.
Eligibility. The Challenge is open to all individuals or groups of individuals who are over the age of majority in their province, state, territory or country of residence. It excludes employees, representatives, relatives, dealers and agents of CoreTech Foundation and their respective affiliates.
While companies, firms, and individual professionals are welcome and encouraged to participate, the Challenge is an amateur competition. The Challenge is not soliciting expert and/or professional opinions but rather, simply soliciting ideas. Any ideas that may be acted on in the future will first be fully vetted and deemed reasonable by CoreTech FoundationFoundation.
Anyone from any academic field or discipline, may enter the Challenge. All members of a declared academic team, with the exception of a maximum one faculty advisor, must be students at the time of the proposal submission. The status of academic team members is subject to verification.
No individual may be a member of more than one team. One entry per individual or team allowed. Participation is void wherever restricted or prohibited by law.
CoreTech Foundation reserves the right, at its sole discretion, to disqualify any participant who is (i) found to be tampering with the entry process or with the operation and administration of the Challenge; (ii) acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Challenge; (iii) or in violation of the Challenge Rules.
Automated entries or votes sent via bots will be disqualified. Automated and/or repetitive electronic submissions (including but not limited to entries made using any script, macro, bot or contest service) will be automatically disqualified and transmissions from these or related accounts may be blocked. CoreTech Foundation reserves the right to seek damages and other remedies from any such entrant to the fullest extent permitted by law, including but not limited to criminal prosecution.
Participants must comply with these Challenge Rules. Participants will be deemed to have received, understood and agreed to these Challenge Rules through their participation in this Challenge.
No purchase or payment of any kind is necessary to enter or win the competition.
Prize Monies. Individuals and teams are solely responsible for any taxes that they might incur from their prize money.
Licensing and Copyright. Any submission submitted in connection to the Challenge must be an original work created by the participant or the participant team members and the participants must have all necessary rights in and to the submission.
The submission must not infringe upon or violate any laws or any third party rights, including, but not limited to, copyright, patent, trademark, trade secret, privacy, publicity or confidentiality rights or other proprietary or contractual rights and must not include material that is libelous, defamatory, or tortious.
Participants must obtain, and make available to CoreTech Foundation upon CoreTech Foundation’s request, all necessary permissions, licenses, releases, waivers of moral rights and other approvals from third parties necessary for CoreTech Foundation to use and exploit the submission, in whole or in part, including without limitation, to reproduce, make derivatives, edit, modify, translate, distribute, transmit, publish, license and broadcast the submission worldwide, by any means.
Participants must assign to all of their rights in the submission and the intellectual property embodied therein, to CoreTech Foundation.
Participants must keep confidential the data and other information disclosed by CoreTech Foundation and the contents of participants' submissions, during the Challenge and thereafter, unless CoreTech Foundation authorizes disclosure of the information or Submission.
To participate in the Challenge participants must agree to these terms and other terms described in the Challenge Intellectual Property Agreement.
Submissions will be retained by CoreTech Foundation for use CoreTech Foundation, its affiliates, licensees and Challenge partners.
Applications will be retained by CoreTech Foundation; information and data will be accessed only by CoreTech Foundation and its competition partners and not sold or shared.
Disclaimers. The Challenge Rules are subject to change. Registered participants will receive notification when changes are made. However, participants are encouraged to visit the Challenge Site often to review updates.
CoreTech Foundation is not responsible or liable for late, lost, incomplete, illegible, misdirected, stolen, delayed, damaged or destroyed entries, notifications, replies or any Challenge Release; for lost, interrupted, inaccessible or unavailable networks, servers, Internet Service Providers, websites or other connection, related to the Challenge; for errors of any kind, including but not limited to human, electronic, mechanical and/or technical in nature; for failure or technical malfunction of any telephone network or lines, computer and online systems, servers, computer equipment, software, e-mail, players, or browsers on account of technical problems or traffic congestion on the Internet, any websites related to the Challenge, including without limitation the Challenge Webpage, or any combination thereof or otherwise; for any injury or damage to participant, participant’s computer, or any other person’s computer related to or resulting from participating in or downloading material in connection with the Challenge; for incorrect or inaccurate information; and/or for weather conditions, event cancellations, delay or rescheduling or other factors beyond the CoreTech Foundation’s control.
CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD AN ATTEMPT BE MADE, CORETECH FOUNDATION RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
Governing Law. The Challenge is subject to applicable federal, provincial and municipal laws and regulations and is void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of the Challenge Rules or the rights and obligations as between the entrant and the CoreTech Foundation in connection with the Challenge shall be governed by and construed in accordance with the laws of the State of California including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The decisions of CoreTech Foundation with respect to all aspects of the Challenge are final and binding.
Challenge Guidelines are subject to change. Registered competitors will receive notification when changes are made, however, we highly encourage you to visit the Challenge Site often to review updates.
