TelOne Hackathon Terms and Conditions

HACKATHON TERMS AND CONDITIONS

The following terms and conditions form a legally binding agreement between a participant and Tel-One (Private) Limited (TelOne), a company, registered in accordance with the laws of the Republic of Zimbabwe, Registration Number 4650/2000, having its registered office situated at Runhare House, 107 Kwame Nkrumah Avenue, Harare, Zimbabwe. These terms and conditions govern your participation in and the use of TelOne’s resources during, the Hackathon.

1.    OBJECTIVE

The objective of this Hackathon is to create solutions to community challenges by providing a platform for innovation, discourse and the sharing of information.
Young developers and industry experts will participate in the hackathon challenge to create digital solutions to various topics and challenges that will be presented during the event.

2.    ELIGIBILITY

The Hackathon is open to Participants who are interested in technology and innovation and can demonstrate that they are:

i.    Of legal age and capable of entering binding agreements. That is, over the age of eighteen (18) years;  
ii.    Willing to comply with these terms and conditions, having initialled each page and signed the last;  
iii.    Willing to disclose personal information as may be required;
iv.    Not employees of TelOne or any of its subsidiaries;
v.    Not related to employees of TelOne or any of its subsidiaries;

3.    TEAMS
 
a)    A Participant is entitled to enter the Hackathon as part of a team, provided that each team member individually agrees to the terms and conditions of this agreement, specifically, clause 2.1.
b)    Each team must be given a name as chosen by its members. Team names must not be connected in any way with the names of companies or registered trademarks or use expressions that incite violence or are discriminatory, obscene, or represent any form of defamation. Failure to comply will result in disqualification.
c)    If information provided during registration is found to be incomplete and/or inaccurate, even if related to just one team member, the entire team concerned will be excluded from the competition.
d)    Teams may not be changed once the competition has begun.

4.    CORRECTNESS OF INFORMATION

The Participant shall ensure that the personal information provided upon registration is correct and accurate and must unconditionally accept all decisions made by Hackathon organizers regarding the event’s organization.

5.    CONFLICT OF INTEREST

The Participant confirms that he/she does not have a conflict of interest in taking part in the Event.

6.    USE OF TELONE FACILITIES
By accepting these terms and conditions and participating in the Hackathon, the Participant undertakes, for the entire duration of the competition, to make use of the facilities in which the competition is to be held and any materials and equipment provided by TelOne with the utmost care and diligence and to comply fully with the rules of conduct and safety established by TelOne. The Participant will be held liable for any negligent or intentional damage caused to people or property during the Hackathon.


7.    CHALLENGES

a)    Topics to be addressed will be formulated by TelOne and presented to participants as challenges.
b)    The goal of the challenges is to create prototypes of products, services and ideas that can be integrated into existing TelOne initiatives.

8.    INDEMNITY
Each participant hereby declares that each solution, prototype or mock-up presented is an original work and in no way violates, in whole or in part, the intellectual or industrial property rights of others and indemnify and release TelOne and its partners from any and all responsibility, liability, or request for compensation for damages that should be made by any third party in relation to such solution.


9.        INTELLECTUAL PROPERTY RIGHTS

a)    The Participant hereby acknowledges that the topics, challenges, and resulting solutions presented at the hackathon are the property of TelOne as the original originator of each. The attached intellectual property rights shall therefore be the property of TelOne.
b)    The Participant further acknowledges that through the Hackathon, TelOne has asked him/her to develop solutions on its behalf, which, should TelOne commercially exploit, he/she shall be remunerated through an award of money and, or a percentage share of profits to be determined at the time by the Parties.

10.    JUDGING
1.    The projects executed by the teams for the competition will be evaluated by a panel of expert judges, some of whom will be members of TelOne’s senior management, along with other authoritative figures from the world of high-tech and innovation.
2.    The final decisions of the judges are to be based on the following parameters: Concept, Design, Development, and Presentation.

11.    EVALUATION PROCESS:
a)    Teams shall submit solution details to judges prior to the pitching session (i.e team name, team member details, solution name, problem statement, target population, solution description)
b)    Each team shall be given five (5 )minutes to pitch their solution, followed by two (2) minutes of a Question and Answer Session with the judges
c)    Judges shall score each team’s pitch based on the above parameters and shall aggregated the scores to identify the team with the best overall score.


12.    AWARDS
The winning teams will be invited to participate in TelOne’s incubation of their solution and will be awarded the following prizes:
i)    The incubation of their solution which will be spearheaded by TelOne, giving the participant/s the opportunity to participate in such incubation and receive a share of the solution’s profits once it has gone to the market.
ii)    Incubation of the winning solution shall be at the cost of TelOne.
iii)    Other prizes as determined by TelOne and its partners.

13.    CONFIDENTIALITY
a)    The Participant acknowledges that:
i)    he/she may receive or have access to Confidential Information of TelOne, its affiliates, agents and/or suppliers and will not disclose any Confidential Information to anyone. All such Confidential Information shall be kept strictly confidential, regardless of whether such information is marked as “confidential”;
ii)    any information supplied in connection with this Hackathon or in connection with TelOne’s industrial or business affairs which has or may in any way come into his/her possession or knowledge, may consist of confidential or proprietary data, disclosure of which to, or use by, third Parties might be damaging to TelOne;
b)    The Participant undertakes to keep confidential and not to disclose to any third Party or use for any purpose other than the proper performance of this Agreement any and all information in writing or received orally and documented as confidential or obtained as a result of entering into or performing, or supplied by or on behalf of TelOne during or after the Hackathon.
c)    The Participant agrees that he/she shall use at least the same degree of diligence to protect the Confidential Information as he/she uses to protect his/her own confidential and sensitive information (being no less than a reasonable level of diligence).
d)    The Participant agrees not to use the Confidential Information for any purpose other than participating in the Event.

14.    PUBLICITY
a)    The Participant agrees that he/she shall not, without the written consent of TelOne, publish information on the challenges or solutions presented during the Hackathon.
b)    The Participant consents to his/her name, image, likeness, photograph, video, description of his/her entry and biography being used by TelOne on its websites, in promotional material, and in any publicity accompanying or resulting from the Hackathons including but not limited to any press articles, blogs or articles on social media pages.


15.    EXPENSES AND COMPENSATION
The Participant hereby acknowledges that event participation does not entail any right to compensation of any kind or to reimbursement of any expenses incurred.


16.    MISCELLANEOUS
In addition to the above, the Participant undertakes to observe the following rules of conduct:
a)    Respect for the other participants;
b)    Not to use expressions that incite violence or forms of discrimination, obscenity, or defamation;
c)    Avoidance of content that is offensive, vulgar, defamatory, or that violates privacy or is otherwise against applicable law, as well as advertising content or content that concerns political or religious views or other such ideologies;
d)    Avoidance of developing applications that are clearly off topic compared to the assigned challenge;
e)    To avoid violating copyrights, trademarks, or other such rights;
f)    To observe global standards in data-protection;  
g)    Not to receive outside assistance by way of e-mail or other forms of messaging.

17.    BREACH OF AGREEMENT
If a Participant:
a)    Commits a material breach of any other provision of this Agreement and fails to remedy such breach within fourteen (14) days of written notice to do so; or
b)    Commits an irremediable breach,
then TelOne shall be entitled to terminate the Agreement at the expiry of fourteen days written notice.


18.    DISPUTE RESOLUTION
a)    Both Parties undertake to amicably resolve any issues arising out of this agreement. If the Parties fail to resolve the dispute amicably, the dispute shall be referred to arbitration in terms of this clause.
b)    The dispute shall be determined by an arbitrator who shall be agreed to by both Parties. Should the Parties fail to agree on the appointment of an arbitrator the incumbent Secretary of the Harare Commercial Arbitration Centre shall appoint an arbitrator on behalf of both Parties.
c)    The venue for the arbitration shall be Harare, Zimbabwe.
d)    The award of the arbitrator shall be final and binding upon all Parties to the dispute (who hereby agree to carry out such award).
e)    The costs of arbitration shall be decided on by the arbitrator.
f)    Notwithstanding the provisions of this clause neither Party shall be precluded from approaching any competent court for interim relief or any other relief in relation to any criminal offence committed against it by the other or its employees or agents.

19.    VALIDITY PERIOD
a)    The participation in the Hackathon is taken to represent the participant’s acceptance of the terms herein. The Agreement shall be effective from the moment of registration and it shall automatically terminate following the award of the Hackathon prizes. Any further relationship between TelOne and a winning team’s participants shall be governed by an appropriate agreement to be executed with TelOne.
b)    Upon the expiration or termination of this Agreement, the respective rights and obligations of the parties hereto shall survive such expiration or other termination to the extent necessary to carry out the intentions of the parties under this Agreement. All obligations of confidentiality and all restrictions on the use of Confidential Information under this Agreement shall remain in effect during the term of this Agreement and thereafter until the date that is two (2) years following the expiration or termination of this Agreement.

20.    ENTIRE AGREEMENT AND VARIATION
These terms and conditions constitute the whole agreement between the Parties and supersedes all verbal and written communication, understandings and representations by or between the Parties regarding this agreement. No variation or addition to this agreement shall be of any force or effect unless reduced in writing and signed for by both Parties. Any indulgence by TelOne or Participant shall not constitute a waiver of its rights hereto.

21.    NOTICES
a)    The Parties choose as their place of service for any notices and all correspondence in terms of this Agreement the addresses shown below. All correspondence shall be in English.
i)    For Tel-One (Pvt) Ltd
Runhare House
107 Kwame Nkrumah Avenue, Harare, Zimbabwe

22.    RELAXATION
No latitude, extension of time or other indulgence which may be given or allowed by either Party to the other Party in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of either Party arising from this Agreement, and no single or partial exercise of any right by either Party under this Agreement shall in any circumstances be construed to be an implied consent or election by such Party or operate as a waiver or a novation of, or otherwise affect any of such Party’s rights in terms of, or arising from this Agreement or estopp or preclude such Party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.

23.    SEVERABILITY
If for any reason any of the provisions of these terms and conditions are held by a competent court of law to be illegal and unenforceable, any such provision shall be capable of being severed from the rest of these terms and conditions, which shall remain in effect and binding.