Hack.Asia
Shaping Asia's Tomorrow
36-Hour Online Hackathon
 
Challenge Partners
Accenture
Dairy Farm
Gammon
Hactl
HSBC
Jardine Motor Group
JRG
Hong Kong Land
JLL
Mandarin Oriental
Tech Partner
Microsoft
Hosted By
WHub

TERMS & CONDITIONS

This page (together with the documents referred to on it) explains the terms and conditions (the Terms of Use) on which any of the resources and services listed on the Hack.Asia website (https://www.hack.asia/) are provided to you and your participation in the Hack.Asia on-line hackathon is governed.

Please read these Terms of Use carefully and make sure that you understand them, before expressing your interest in participating in the Hack.Asia on-line hackathon. You should understand that by expressing your interest and/or participating, you agree to be unconditionally bound by these Terms of Use.

Information about the organisers (we/us):

Jardine Matheson Limited (Jardines), a company registered in Hong-Kong with its principal place of business at 48th Floor, Jardine House, Connaught Road Central, Hong Kong. 

The W Hub Limited (WHub), a company registered in Hong-Kong and having its registered office at Wong Chuk Hang Road, Hong-Kong.

How the contract is formed between you and us:

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, Jardines and WHub, concerning your access to and use of the Hack.Asia website as well as any other media form, media channel, mobile website or any resources related, linked, or otherwise connected thereto, and your participation in the Hack.Asia on-line hackathon. 

Participation:

In order to express interest to participate in the Hack.Asia on-line hackathon, you must indicate the following:

Elements of the application form (Part 1. Primary contact, Part 2. Submission Materials and Part 3. Team Members)

Any submission containing false, wrong, dubious, or incomplete information shall not be taken into account and shall disqualify your participation. In case of breach of these Terms of Use, you will be immediately disqualified from the Hack.Asia on-line hackathon and will not be eligible for the award of any prizes.

By submitting an application for participation to the Hack.Asia on-line hackathon, you accept to be contacted via email.  Refusing collection, recording and use of personal data that is strictly necessary for the performance of the Hack.Asia on-line hackathon will result in the disqualification of the participant. Please see under “Protection of Information” for further information concerning collection and use of your personal data.

On-line hackathon Criteria:

The on-line hackathon criteria consists of an application submission relevant to one of the Hack.Asia on-line hackathon  problem statements detailed on https://www.hack.asia/.  

Each submission must be written in English.

Participant Pre-selection:

The Pre-Selection Stage is scheduled to commence at 00:01am (Hong Kong time) on 27 May 2020 and close at 23:59pm (Hong Kong time) on 20 June 2020.    

During the Pre-Selection Stage, the application to participate must be uploaded in digital format (DOC/DOCX/PDF/PPT/PPTX/KEY) through the https://www.hack.asia/ website.

If application submissions are unable to be read due to technical errors/ failures, the applicants of the concerned application will be notified to re-submit before a predetermined deadline. If the deadline is missed, the application in question will be disqualified from the on-line hackathon.

Any photos or images used in applications must be free of copyright. In any case, Jardines and WHub will not be held responsible for the use of works over which third parties have rights.

WHub will inform all applicants of the final participant selection by 24 June 2020 via email.  

Each selected participant and participating startup must respond to the email sent by WHub before 23:59pm (Hong Kong time) on 26 June 2020. Otherwise, WHub and Jardines reserve the right to disqualify the applicant from participating in the Hack.Asia on-line hackathon.

Awards

The challenges will be defined around several tracks (5 to 6 different tracks) submitted by Jardines, its subsidiaries or affiliates and Hack.Asia Sponsor Partners, and each challenge will be defined to be  solved by either the startup teams or the student teams and participation will be limited accordingly. Each track will define different prize categories according to the group of participation, student teams or startup teams. 

 

On the 8 July, during the first round of deliberation, judges will choose the best team, student team or startup team depending on the track; that team will be rewarded as follows:  

 

- in the case of a startup team, an opportunity to perform a POC (Proof of Concept) as defined and announced on the Hack.Asia website under a contractual relationship to be agreed upon by the winning team and Jardines or the relevant Hack.Asia Sponsor Partners; 

 

- in the case of a student team: as described on the Hack.Asia website ( https://www.hack.asia/).

 

Later on the 8 July during the second round of deliberation, judges will choose the winning project (the Winning Project) submitted by a team, chosen from amongst the best teams from the first round of deliberation, decided upon by the selecting juries following the delivery of a pitch during the Hack.Asia on-line hackathon pitching finale. The Winning Project will receive HKD 50 000 cash prize.

Every participant and participating startup acknowledges that they shall not have the right to contest the final decision of the selecting juries regarding the Winning Project.  Furthermore, the participants and participating startups acknowledge and agree that all prizes cannot be replaced, exchanged or substituted for a monetary value or for another prize for any reason.  All prizes are not transferable and the sale, exchange or transfer of any prizes is strictly forbidden. 

Intellectual Property Definitions

“Intellectual Property Rights” refer to any patents, utility certificates, drawings, models, copyright, brands, database producer rights and any other intellectual or industrial property rights whatsoever.

“Existing Rights” refer to any Intellectual Property Rights and the know-how held by one of the parties before the start date of the Hack.Asia on-line hackathon.

“Own Rights” refer to any Intellectual Property Rights or know-how developed or acquired by a party after the start date of the Hack.Asia on-line hackathon without the practical assistance of another Party, whether or not as part of the Hack.Asia online hackathon.

“Results” refer to any work (including source and object code software), designs, inventions, specifications, information, knowledge, processes or products, as well as any resulting processes likely or otherwise to be protected by Intellectual Property Rights or classed as know-how developed by several parties as part of the Hack.Asia online hackathon.

Intellectual Property of Projects

The Existing Rights and Own Rights remain the exclusive property of the party in possession of them. Furthermore, the party in possession of them alone shall decide to protect its own know-how or otherwise, and to file or protect or defend any of its Own Rights or Existing Rights. 

Regardless of whether Jardines exercises the right of first refusal set out below, for the Existing Rights and Own Rights each participant and participating startup grants Jardines and WHub the following rights, free of cost, charge, royalty or payments of any nature: 

  • the exclusive rights to use the Intellectual Property Rights and author’s property rights in the Existing Rights and Own Rights, including the right to reproduce (wholly or in part), display (wholly or in part), analyse, adapt, modify, disseminate, translate and use these materials, and
  • the exclusive right to permit someone else to exercise all or some of these rights, these applying worldwide, for the period for which the document, submissions and, projects are protected, by any means whatsoever, in all existing or future forms, on any media and for the following purposes:
    1. only within the Hack.Asia on-line hackathon, including but not limited to the purposes of selecting the Winning Project,
    2. the opportunity for continuing or starting discussions with certain participants or participating startups regarding potential projects with Jardines or one or more of its subsidiaries or affiliates.  

For the Results, each participant and participating startup grants Jardines the following rights:

  • regardless of whether Jardines exercises the right of first refusal set out below, Jardines will have the exclusive right to use part or all of the Intellectual Property Rights included in or related to the Results in perpetuity for any purpose free of cost, charge, royalty or payments of any nature, other than for any commercial purpose. For the avoidance of doubt, this right will not be affected or extinguished even if part or all of the Intellectual Property Rights included in or related to the Results are subsequently sold to a third party, and in such circumstances, the participant or participating startup shall procure that the purchaser (including its successors and assigns) of any such rights shall continue to be bound by this right granted to Jardines.
  • An exclusive right of first refusal to acquire the Results (and all its related Intellectual Property Rights) or to offer to enter into a contractual relationship with the participant or participating startup in order to take advantage of the Results in Jardine’s operations; only in the case of nonexecution of this right by Jardines, the Results and its related Intellectual Property Rights shall vest to the fullest extent permitted by law, in the participant or the participating startup, subject to the Terms of Use.

The right of first refusal to acquire the Results may be exercised by Jardines, any of its subsidiaries, affiliates or nominees giving written notice to the relevant participant or participating startup at any time during the twelve (12) months’ period commencing on the date that the Winning Project is announced. Negotiations concerning the terms and conditions upon which the Results is acquired will be conducted between the relevant parties in good faith and expeditiously.

Participants and participating startups expressly confirm not to misuse any legally recognised rights they may hold and any such misuse will entitle Jardines and/ or WHub to disqualify the participant or participating startup concerned. 

Participants and participating startups guarantee Jardines and/ or WHub that none of the documents, submissions and deliverables, tools and other creations provided or used in respect of the Hack.Asia on-line hackathon constitutes an infringement of any component, work or creation belonging to a third party, or is the result of unfair competition, parasitic competition (passing off) or any other infringement of third party rights. Participants and participating startups agree to indemnify and hold Jardines and/ or WHub harmless from all third-party actions, claims or demands on any grounds whatsoever including relating to the use of their image or any creation or any other protected element including, but without limitation, in relation to any Existing Rights, Own Rights or Results.

Neither Jardines nor WHub can be held liable for any infringement of the above provisions by a participant or participating startup.

Confidentiality & Communications 

You acknowledge and agree that any information provided and presented to you by Jardines, its subsidiaries, affiliates or WHub in relation to the Hack.Asia on-line hackathon and any challenges that you participate in is confidential to Jardines, its subsidiaries, affiliates or WHub (the Confidential Information) and you shall treat the Confidential Information as strictly private and confidential, not disclose it to any third parties without the prior written approval of Jardines or WHub (as the case may be), and use all reasonable endeavours to preserve its confidentiality.  You are permitted to use the Confidential Information solely for the purposes of your participation in the Hack.Asia on-line hackathon and any associated challenges, and you shall not use or attempt to use the Confidential Information for any other purposes. Neither Jardines nor WHub owes any obligation to you to keep any information contained in any applications or other submission that you submit as part of the Hack.Asia online hackathon and any challenges that you participate confidential.  You agree and accept that any information contained in any applications or other submission that you submit may be publicly disclosed by Jardines or WHub without any prior notice.

If you are a prize winner, Jardines may request that you execute a non-disclosure agreement with it, or one of its subsidiaries or affiliates, for the purposes of entering into negotiations regarding the further development of the Results you have created and/or the information you have submitted as part of the challenge.

Should participants or participating startups be notified that they are the Winning Project, each participant or participating startup (as the case may be) authorises Jardines and/ or WHub to use the names of team members, their startup or team names, and photos of startup or team members in any promotional materials.  

Participating startups further authorise Jardines and/ or WHub to reproduce their trademark free of charge on communication materials about the Hack.Asia on-line hackathon including but not limited to the Jardine’s and/ or WHub’s external websites, press releases and social media channels.  

Protection of Information

The participation in the Hack.Asia on-line hackathon requires the communication of the participants and participating startups’ personal data (mentioned at Access to the Competition).

In this respect, Jardines and WHub make a commitment to protect all the personal data of the concerned people and startups. This data will be collected and handled by WHub via https://www.hack.asia/ with the strictest confidence.  

WHub may collect personal information about you when you make a submission via https://www.hack.asia/ and Jardines and WHub may use and share this information in order to fulfil the requirements of and permit your participation in the Hack.Asia on-line hackathon and the associated challenges. For example, Jardines and WHub may share your personal information with their respective subsidiaries or affiliates as well as third parties who will be involved in evaluating your submissions, as well as: (a) to contact you in connection with the Hack.Asia on-line hackathon; and (b) if you select to receive additional information, to send additional information to you.  Jardines and WHub may also post your personal information in public posting areas for the purpose of administering and marketing the challenges as part of the Hack.Asia online hackathon.  By participating in the Hack.Asia on-line hackathon and agreeing to the Terms of Use, you consent to WHub collecting and WHub and Jardines using your personal information in accordance with these Terms or Use as well as the following privacy policies [https://hack.asia/privacy]

Participation in the Hack.Asia on-line hackathon and the awarding of the Winning Project requires acceptance of and full compliance with all these Terms of Use. Jardines and WHub reserve the right to disqualify, immediately and without any reason or compensation, every participant or participating startup and/or submitted project not satisfying the Terms of Use.

Jardines and WHub reserve the right to modify at any time the Terms of Use, excluding the treatment of  Intellectual Property Rights concerning Existing Rights, Own Rights and Results, during the Hack.Asia on-line hackathon without the requirement of notification to the participants or participating startups concerning the application and the validity of these modifications. Participants and participating startups are invited to regularly consult the Terms of Use set out here. Jardines and WHub will not modify the treatment of Intellectual Property Rights concerning Existing Rights, Own Rights and Results without notification of participants and participating startups.

Jardines and WHub reserve the right to cancel, shorten, suspend the Hack.Asia on-line hackathon without prior notice:

  • in cases of force majeure;
  • if it appears that fraud has occurred in any form whatsoever;

Jardines and WHub cannot be held responsible for cancellation or for suspension of the Hack.Asia on-line hackathon. Furthermore, Jardines and WHub will in no way be held liable in the event of breakdown or failure, regardless of the cause, of any telecommunications network used that causes you difficulty with or prevents you from accessing the Hack.Asia on-line hackathon or the Hack.Asia website ( https://www.hack.asia/).

You agree that Jardines and WHub, their respective subsidiaries and affiliates, and all their respective officers, directors, employees, contractors, representatives and agents shall have no liability whatsoever to you, and will be released from and held harmless by you,  in respect of any claims, liabilities or causes of action of any kind including direct, indirect, incidental, consequential or punitive damages arising from your participation in the Hack.Asia on-line hackathon and the associated challenges. Without limiting the foregoing, all information, content, facts contained or referred to on the Hack.Asia website ( https://www.hack.asia/) and in connection with the associated challenges is provided “as is” and without any warranty of any kind, either express or implied, including but not limited to, any implied warranties as to merchantability, fitness for purpose and non-infringement.  Some jurisdictions may not allow limitations or exclusions of liability or implied warranties, in which case such limitations or exclusions shall apply only to the extent permitted by law in the relevant jurisdiction.

You agree that by accessing the site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

The Hack.Asia on-line hackathon, the challenges set pursuant to it, these Terms of Use and any action related thereto shall be governed by the laws of Hong Kong.  Any dispute that may arise shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

 

Shaping Hong Kong's Tomorrow