These terms and conditions apply to the Tourism Data Hackathon (“EVENT”) hosted by conui GmbH (“ORGANIZER”), a company registered Austraße 96, 6800 Feldkirch, Austria.
The purpose of the EVENT is to connect challenge partners (“COMPANIES”) with employees, experts and students (“PARTICIPANTS”) to prototype solutions to innovation challenges. The outcomes of the event are referred to as “WORK RESULTS”.
It is a condition of participation that these terms and conditions are accepted by the PARTICIPANT prior to the EVENT. Upon accepting, these terms and conditions form a binding legal agreement between the ORGANIZER and the PARTICIPANT. Please read them carefully.
The EVENT is open to everyone who is at least 16 years old.
PARTICIPANTS much register for the EVENT and provide the requested information in advance of the EVENT.
The PARTICIPANT confirms that he/she does not have a conflict of interest in taking part in the EVENT.
The PARTICIPANT is responsible at all times for his/her own conduct, acts, and omissions.
Innovation challenges and outcomes
Challenges: COMPANIES define an innovation challenge. This challenge brief will be published in advance of the EVENT.
Ideas: Each PARTICIPANT is invited to pitch their idea in response to an innovation challenge.
Teams: Teams form around the ideas and consist of 3-5 team members. PARTICIPANTS can recruit people to join a team or teams may be assigned at each EVENT.
Prototype: During the EVENT, each team will develop an innovative prototype that tackles the innovation challenge. Each team will demonstrate their WORK RESULTS to the judges during the Prototype Expo. There are no restrictions on what form the Prototype can take (e.g. an app, storyboard, physical prototype). The Prototype must be the PARTICIPANT’s original work.
Intellectual Property Rights
Ownership of intellectual property rights of the work created and achieved within the scope of the EVENT, such as ideas and prototypes (including all interim results and preliminary stages, hereinafter “WORK RESULTS”) remain with the PARTICIPANTS.
Right to first refusal: PARTICIPANTS are aware that the COMPANIES intend to use the WORK RESULTS (or parts of them) commercially. If the COMPANY expresses such interest, the following applies:
- The team of PARTICIPANTS, who contributed to the creation of WORK RESULTS, first gets an opportunity to work together with the COMPANY on their further development (“right of first refusal”);
- If the entire team of PARTICIPANTS is not interested in such further processing, this right also applies individually to each member of the team;
- Finally, if no team member expresses such an interest within one (1) month after the EVENT, the COMPANY is free to use, process, and further develop the WORK RESULTS in their own name without further involvement by the PARTICIPANTS.
The PARTICIPANTS commit themselves therefore in the case of non-exercise of the “right of first refusal” by the team or individual members, a free, exclusive (if not in the following restricted) right of use of the WORK RESULTS (or parts thereof). This right includes all exploitation rights and is not subject to any restrictions in terms of time, content, or geographic scope and is transferable by the COMPANY and can be further licensed.
Should PARTICIPANTS decide to use their WORK RESULTS independently from the COMPANIES to start a company, for instance, the COMPANIES has the right of first refusal to opt to work with PARTICIPANTS to further develop their WORK RESULTS. The COMPANIES requests that PARTICIPANTS contact the COMPANIES before communicating with anyone else about using, further developing, or commercially exploiting the WORK RESULTS and any creative ideas, concepts, materials, and works it embodies. The COMPANIES need to inform PARTICIPANTS about their collaboration interest promptly within one (1) month after receiving the collaboration request.
Research reservation: Regardless of the exclusive granting of rights according to the above point for standard challenges, however, the PARTICIPANTS are entitled to continue to use the WORK RESULTS for non-commercial purposes (such as in particular for their courses in the form of written work or portfolios).
Judging and collaboration INCENTIVEs
The panel of judges is selected by ORGANIZERs and may change in the EVENT of unforeseen circumstances.
Prototypes and oral presentations will be judged by a panel of judges based upon the following equally-weighted criteria: (1) Challenge fit; (2) Innovativeness (3) Feasibility; (4) Progress and (5) Implementation motivation. Decisions are final and binding in all respects.
The PARTICIPANT whose WORK RESULTS is judged in the first place will receive the collaboration incentive (“INCENTIVE”) by the Company.
COMPANIES and ORGANIZER reserve the right, in its sole discretion, to award additional awards or to vary the awards. INCENTIVEs may be subject to separate terms and conditions at the discretion of the COMPANIES.
Payment of any compensation or reimbursement of costs that might be included in the INCENTIVE will be made to the PARTICIPANT by arrangement following completion of the EVENT to the bank details as advised by the PARTICIPANT (or if the winning WORK RESULTS is submitted by more than one PARTICIPANT, by arrangement with the winning teams’ leader/representative). The ORGANIZER has no responsibility for how the INCENTIVE is subsequently used by the PARTICIPANT. If the INCENTIVE is accepted by a group of PARTICIPANTS, the ORGANIZER has no responsibility for how compensation or reimbursement are distributed between them nor for any disagreements between them.
In this clause “Confidential Information” means secret or confidential commercial, financial, marketing, technical or other information, know-how, trade secrets, and other information in any form or medium whether disclosed orally or in writing, together with any reproductions of such information in any form or medium or any part(s) of this information.
The PARTICIPANT acknowledges that it may receive or have access to Confidential Information of COMPANIES, its affiliates, agents, and/or suppliers in connection with the EVENT. All Confidential Information shall be kept strictly confidential by the PARTICIPANT, regardless of whether such information is marked as “confidential”. The PARTICIPANT agrees that it shall use at least the same degree of diligence to protect the Confidential Information as it uses to protect his/her own confidential and sensitive information (being no less than a reasonable level of diligence). The PARTICIPANT will not disclose any Confidential Information to anyone. The PARTICIPANT agrees that it will not use the Confidential Information for any purpose other than participating in the EVENT.
The above obligations of confidentiality shall not apply to Confidential Information to the extent that: (i) the Confidential Information is, or becomes (other than through a breach of these terms and conditions or other confidentiality obligations in place) generally known to the public; or (ii) the Confidential Information is proven by documentary evidence to have been developed independently by the PARTICIPANT without reference to Company Partner or its affiliates’ Confidential Information; or (iii) the Confidential Information was rightfully received in good faith by the PARTICIPANT without obligation of confidentiality from a third party; or (iv) disclosure is required by law, provided that (where reasonably practicable to do so) the disclosing party gives the non-disclosing party prompt written notice of the request for disclosure, cooperates with the non-disclosing party in obtaining protective order or other remedy, and discloses only that portion of the Confidential Information which it is legally compelled to disclose.
Use of information and publicity
The PARTICIPANT will not refer to COMPANIES or the EVENT in any publicity or promotional activity, such as press releases, without the prior written approval of the Company PR department. However, the PARTICIPANT is permitted to use the hashtag established by the ORGANIZER in respect of the EVENT.
The PARTICIPANT hereby grants to ORGANIZER and COMPANIES a royalty-free, non-exclusive, irrevocable, worldwide right to refer to the PARTICIPANT and/or the WORK RESULTS and to use images and/or video/audio footage taken at the EVENT and/or showing the WORK RESULTS in any publicity materials and for promotional purposes at any time (including but not limited to ORGANIZER websites or other media).
ORGANIZER stores and processes data exclusively in the sense and in compliance with the applicable data protection laws. PARTICIPANTS will be contacted in connection with the EVENT, and unless otherwise indicated may also be contacted by ORGANIZER about other relevant activities and opportunities. The ORGANIZER reserves the right to share data from PARTICIPANTS and WORK RESULTS with COMPANIES.
PARTICIPANTS consent that ORGANIZER and its designees may use each member’s name, city, state, e-mail address, pictures, likeness, and the team’s WORK RESULTS and/or prize or INCENTIVE information in connection with the EVENT for promotional, advertising, research, or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation, and without further payment, notification, permission or other consideration, except where prohibited by law. Moreover, the data including e-mail addresses will be passed on to persons who are directly involved in the implementation of the ID, including the COMPANIES. Except as expressly provided herein, nothing in the General Terms and Conditions or Official Rules may be construed as transferring any rights of ownership or license, by implication, estoppel or otherwise, of either party’s products, technology, or intellectual property, including but not limited to, such party’s marks.
The PARTICIPANT is solely responsible for all costs and expenses incurred by him/her in relation to the EVENT, including but not limited to travel costs.
ORGANIZER reserves the right to cancel or postpone the EVENT for any reason without liability, for example due to circumstances outside ORGANIZER’s control.
The PARTICIPANT is solely responsible for any damage to his/her own property or any property, facilities, and equipment provided by ORGANIZER, the host, and its partners during the course of the EVENT. Liability claims against the ORGANIZER or its employees or agents during the Innovation Days can only be asserted in the case of intent and gross negligence. Further liability (for example in case of theft, loss, or damage to the private property of the PARTICIPANTS) is excluded. The ORGANIZER is not liable if clothes, bicycles, motor vehicles, or other objects are lost or damaged. It is not obliged to provide for the guarding of changing rooms, vehicle parking spaces, or other storage or custody facilities. Accidents must be reported to the ORGANIZERs without delay.
After the respective use, all devices and materials have to be handed over by the PARTICIPANTS in proper condition to the supervisors or, if necessary, locked away. Escape routes are to be kept free and can not be adjusted. All PARTICIPANTS are obliged to have their equipment and materials checked for safety before or after use. Determined defects or damage must be reported by the PARTICIPANTS immediately. The PARTICIPANTS are obliged to observe any house rules of the premises and facilities used in the EVENT as well as for instructions from staff members of the ORGANIZERs and/or mentors.
Without prejudice to any other right or remedy of ORGANIZER, the PARTICIPANT may be excluded from the EVENT or from receiving any INCENTIVEs or have an awarded INCENTIVE canceled if the PARTICIPANT fails to comply with these terms and conditions.
Nothing in these terms and conditions nor the award of any prize shall constitute any obligation on the part of the ORGANIZER or the PARTICIPANT to enter into any future agreement or relationship.
These terms and conditions constitute the whole agreement and understanding between the ORGANIZER and the PARTICIPANT relating to the EVENT.
The PARTICIPANT may not assign, sub-contract, or otherwise transfer his/her rights or obligations under these terms and conditions.
The formation, existence, construction, performance, validity and all aspects of these terms and conditions and any dispute or claim arising out of or in connection with them and/or the EVENT shall be governed by Austrian law and the parties submit to the exclusive jurisdiction of the Austrian courts.