Thank you for your interest in the Public Hackathon sponsored by Levi Strauss & Co. (together with any of its Affiliates, collectively, “LS&Co.” or “Sponsor”).

This Public Hackathon Participation Agreement, together with the supplementary guidance we make available about the Public Hackathon on the Public Hackathon Webpage (https://www.f6s.com/denim-de-coded-call-for-solutions/about) and incorporated herein (“Competition Guidance”) (collectively, the “Agreement”), constitute a legally binding agreement between Sponsor and you (“Participant” or “you” or “it”) and govern your participation in the Public Hackathon competition and related activities (collectively, the “Public Hackathon”), including your application to the competition, and other materials you submit and provide to us throughout the Public Hackathon prior to our public announcement of the Finalists (the “Entry”).  Please be certain to carefully read this Agreement in its entirety. 

BY CLICKING AN “I AGREE” OR “I ACCEPT” BUTTON IN CONNECTION WITH THE PUBLIC HACKATHON, COMPLETING THE REGISTRATION PROCESS FOR THE PUBLIC HACKATHON, OR SUBMITTING AN ENTRY, YOU (A) REPRESENT AND WARRANT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THE PUBLIC HACKATHON; (B) HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE COMPETITION GUIDANCE; AND (C) AGREE TO BE BOUND BY ANY DECISIONS MADE BY OR ON BEHALF OF SPONSOR AND THE JUDGES WITH RESPECT TO YOUR ENTRY OR THE PUBLIC HACKATHON. THE INDIVIDUAL SUBMITTING AN ENTRY AND ACCEPTING THIS AGREEMENT ON BEHALF OF PARTICIPANT REPRESENTS AND WARRANTS THAT THEY ARE AT LEAST EIGHTEEN (18) YEARS OLD AND HAVE THE AUTHORITY, THE RIGHT, AND THE CAPACITY TO LEGALLY BIND PARTICIPANT.

YOU ARE FREE TO REJECT THIS AGREEMENT, BUT IF YOU DO NOT ACCEPT ALL OF THE PROVISIONS OF THIS AGREEMENT, THEN YOU MAY NOT PARTICIPATE IN THE PUBLIC HACKATHON.

You agree that it is your responsibility to remain informed as to any changes to the Competition Guidance, which may be updated from time to time during the Public Hackathon in Sponsor’s sole discretion. Should there be any conflict between any provision in the body of this Agreement and the Competition Guidance, the provision in this Agreement shall control. For any questions related to the Public Hackathon or the Application and Entry process, please contact isabella@f6s.com.

RULES

1. The Public Hackathon
1. Public Hackathon Sites. For the most current information about the Public Hackathon, please check the Public Hackathon Webpage (https://www.f6s.com/denim-de-coded-call-for-solutions/about) regularly. To submit your Application and Entry, you will need to access the Public Hackathon Apply Pages (for solutions https://www.f6s.com/denim-de-coded-call-for-solutions/about, for participation https://www.f6s.com/denim-de-coded-call-for-talent/about). The Public Hackathon Webpage and the Public Hackathon Apply Pages are collectively referred to herein as the “Public Hackathon Sites.”
2. Dates and Deadlines. The application period for Participant applications to the Public Hackathon (“Application”) ends on October 5, 2022, 11:59 PM Pacific Standard Time (US) (“PST”). Late Applications will not be considered. Following the application period, Participants will develop and present Entries as outlined in the Competition Guidance. Dates and times are subject to change.
3. Location. The Public Hackathon, and any part thereof, including the judging process may be held in-person or virtually, at Sponsor’s discretion.
4. Changes. Sponsor reserves the right to cancel, change or suspend the Public Hackathon for any reason, including cheating, technology failure, catastrophe, epidemics or pandemics, war or any other unforeseen or unexpected event that affects the integrity of or otherwise delays or interrupts the Public Hackathon. If the integrity of the Public Hackathon cannot be restored, Sponsor may (but is not required to) select Winners from among all eligible Entries received before the Public Hackathon was cancelled, changed or suspended.
2. Eligibility
1. Entity Type. The Public Hackathon is open to all types of Participants, including any of following, as long as the Participant meets the eligibility criteria in Section 2(b). The term “Participant” and “you” as used in this Agreement, shall refer to any Individual, Entities, and Team and Team Members, collectively and individually.
• Individuals or individual Entities: May include companies of any size, academic researchers, university students, research institutions, accelerators, incubators, technology transfer firms, consultants, venture capitalists, entrepreneurs, and inventors. An individual may participate on behalf of and with the authorization of any Entity.
• Team Entries: Teams and collaborative groups (each, a “Team”) of one or more Individuals or Entities (each a “Team Member”) provided that (i) the Entry submitted for the Team designates a primary point of contact (“Team Contact”) to engage with Sponsor; (ii) Sponsor shall not be responsible for communicating with any Team members other than the Team Contact; and (ii) Sponsor shall not be held responsible for or be deemed a party to any teaming agreements, verbal, written or implied, formed between members of the Team.
2. Eligibility Requirements. To be eligible for the Public Hackathon:
1. Participants will submit contributions (or projects) meeting the requirements determined by the Sponsor in the Competition Guidance.
2. Participant must execute and comply with this Agreement, including the Competition Guidance.
3. Participant agrees that there are no restrictions on future funding of Participant or, for Team Entries, any Team Member, based on the Participant’s or the Team’s funding as of the date of its submission.
4. For any Participant or Team Member (for Team Entries) that is a legal entity, it (A) is organized under the laws of a Country which is not an Excluded Country (as defined herein), and (B) does not have any subsidiaries or affiliates located or incorporated in any Excluded Country (an “Eligible Country”).
5. (A) If Participant is an individual, Participant is, or (B) if Participant is an entity, at least one founder or executive of the entity is, or (C) for Team Entries, at least one Team Member or founder or executive of a Team Member is a legal resident of an Eligible Country, and is at least eighteen (18) years of age as of the date of Material submission.
6. Participant is not, and no officer, director, manager or employee of Participant or, for Team Entries, no Team Member is subject to sanctions in the United States or listed on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or the Office of Foreign Assets Control Sanctions Lists, which may be found here.
7. Participant does not have, and no officer, director, manager or employee of Participant or, for Team Entries, no Team Member has, any familial or financial relationship with Sponsor or any Judge. If Participant becomes aware of any fact or circumstance that any such relationship exists or has developed prior to the judging of the Public Hackathon, Participant must notify Sponsor immediately.
3. Excluded Countries:
   Each of the following is an Excluded Country: Crimea – Region of Ukraine, Cuba, Iran, North Korea (Democratic People’s Republic of Korea), Russia, Sudan and Syria.
3. Entries
   Submission and Restrictions. Entry guidelines, including the Competition Guidance, and descriptions of the information required to complete Entries are available at the Public Hackathon Sites. All Entries must be received electronically as indicated on the Public Hackathon Sites and must be submitted via the Public Hackathon Apply Pages. Entries submitted in any other manner shall be considered ineligible. Sponsor will not accept any Entries or attachments submitted via email, physical mail, courier, fax or otherwise, or that are submitted beyond the deadline. Once the Entry is uploaded, the Entry and all submitted materials are final and may not be modified, supplemented or edited. If required information is not included in your Entry or otherwise doesn’t meet the Entry requirements, your Entry will be disqualified. In addition, the following restrictions apply:
1. Only one Entry may be submitted per Participant or Team, for Team Entries.
2. All Entries must be in a common digital format, such as DOC, DOCX, PDF, PPT, PPTX, KEY, ODT, MP3, MPEG, MOV, MP4. If an Entry cannot be downloaded, is not in the right format or is incompatible, illegible, or unintelligible, the Entry will be disqualified.
3. All Entries must not contain any Restricted Content. “Restricted Content” is content that:
1. Infringes or otherwise violates the intellectual property rights of any third party, including copyrights, moral rights, patents, trademarks, design rights, trade secrets and rights of publicity;
2. Discloses or relies upon the confidential or proprietary information of a third party without appropriate written permission;
3. Contains libelous, defamatory, disparaging or unlawful content;
4. Invades the privacy or right of publicity rights of any person (living or deceased), or otherwise infringes upon a third party’s personal or proprietary rights; or
5. Violates any laws or regulations.
4. Sponsor may disqualify any Entry if it includes Restricted Content or other content that Sponsor determines, in its discretion, is unsuitable for the Public Hackathon.
4. Judging for the Public Hackathon
   A team of Judges will review all eligible Entries. Judges are required to recuse themselves from judging any Entry from a Participant if the Judge has a personal or business relationship with the Participant, including as formal advisors, investors, or family members. Sponsor reserves the right to assign or remove Judges at any time and for any reason. Sponsor is under no obligation to notify you or any other Participant of any changes to the panel(s) of Judges or to otherwise disclose any information about any Judge.
   All decisions regarding the outcome of the Public Hackathon are in the sole discretion of the Judges. Neither Sponsor nor any of the Judges is under any obligation to provide rankings, scores, or feedback of any kind regarding any Entry.
5. Awards and other Public Hackathon Benefits
   As part of the Public Hackathon, it is anticipated that the Judges will select three (3) winning Participants, which could include any Individual, Entities, and Team and Team Members, collectively and individually, from the pool of all Participants that submitted eligible Entries by the Public Hackathon Entry Deadline (each, a “Finalist”). The Judges will also select one (1) winning Participant from the three Finalists (“Winner”). Finalists and Winners may receive monetary or non-monetary awards (collectively, “Awards”) as a result of their participation in the Public Hackathon. Any Awards are in the sole discretion of Sponsor and may be subject to change.
1. Finalists. Each Finalist will receive a $250 (USD) Levi’s gift card, valid in any Levi’s store, on levi.com or on the Levi’s Mobile App, as well as on secondhand.levi.com.
2. Winners. Winners may be invited to present their Entry to the Levi’s Executive Leadership team in Sponsor’s Global Headquarters based in San Francisco and Sponsor may also consider co-development opportunities.
3. Notice, Conditions and other Terms.
1. All Winners will be notified at the e-mail address provided in their Entry. If (A) any Award notification is returned as “undeliverable,” (B) a Finalist does not provide the required confirmations within three (3) days of notification, (C) the Finalist is found ineligible, or (D) the Entry does not comply with this Agreement, such Entry may be disqualified, and the Judges will select a replacement Winner.
2. All Awards are subject to verification of eligibility and compliance with this Agreement, including the Competition Guidance. Failure of Participant to demonstrate eligibility will result in disqualification. Sponsor reserves the right to require Winners to submit to a confidential background check to confirm eligibility as a condition of awarding any prize to help ensure that the use of any such person in advertising or publicity for the Public Hackathon will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Public Hackathon as determined by Sponsor in its sole discretion.
3. This is a voluntary competition of skill and innovation, and no fee is required to enter or participate.
4. All Awards are final.
5. No substitution, barter, assignment or transfer of Award or opportunities (to the extent any such items are available) is permitted.
6. There is no offer of a royalty, or other financial compensation implied beyond the Award. Participant is solely responsible for any expenses incurred to participate in the Public Hackathon, including but not limited to any travel costs. Participant is solely responsible for any taxes, tariffs or other applicable governmental charges from any federal, state or local authority that may be due as a result of any Award. Participant should seek independent advice regarding tax and other liabilities associated with any Award that may be available or receiving other benefits as a result of the Public Hackathon.

PARTICIPATION TERMS

1. Materials, Publicity and Media Release
1. Except for the licenses granted herein, you retain all right, title and interest, including all intellectual property rights, in and to your Entry. In the event Your Entry is selected as the winning Entry, then You hereby grant Sponsor and the Judges a non-exclusive, worldwide, royalty free, transferable, sublicensable, perpetual and irrevocable license to copy, display, perform, distribute, create derivative works from and otherwise use your Entry for any purpose. Participant further acknowledges and agrees that the Public Hackathon Judges (“Judges”) and any other organizations, entities, vendors or advisors associated with the Public Hackathon (“Public Hackathon Partners”) will have access to and may retain copies of your Entry. No Entries will be returned to Participants.
2. Participant hereby irrevocably agrees, on behalf of itself and the individuals identified in accordance with subsection (c) below to represent the Participant (or for Team Entries, the Team) that, if Participant is identified as a Finalist, its name (and, for Team Entries, the name of the Team) and a description of its Entry may be publicized in whole or in part, or not at all, on the Public Hackathon Sites and through other marketing channels worldwide, without any right of prior review or approval by Participant. Publicity may be done by Sponsor, or a third party authorized by it, including any Public Hackathon Partners and vendors.
3. Participant may identify one (1) or more representatives to represent Participant in the Public Hackathon (“Representative(s)”). Participant, on behalf of itself and its Representative(s), irrevocably agrees to allow Sponsor to use each such individual’s name, likeness, voice, image, photo or video, including statements made by such Representative(s) in connection with the Public Hackathon (collectively, the “Materials”), worldwide for any purpose and in any manner in connection with the Public Hackathon or any other promotional purposes, including activities, programs, services or competitions hosted, sponsored or provided by Sponsor without compensation, notice or further consent. Examples of uses of the Materials include but are not limited to (i) public streaming of the final judging, including streaming of Participant’s pitches; (ii) internet-based distribution/promotion, including social media; (iii) marketing or promotional purposes, including future activities or events; (iv) media distribution; and (v) internal and archival purposes.
4. Participant agrees, on behalf of itself and its Representatives, that any right to inspect or approve the uses of the Materials have been waived.
5. Participant, on behalf of itself and its Representative(s), understands that this Agreement does not represent an obligation or commitment by Sponsor to use any Materials, or take any authorized action.
6. Participant, on behalf of itself and its Representative(s), hereby grants Sponsor and the Public Hackathon Partners and their respective employees and agents, the right to record and edit any portions of the Public Hackathon, whether held in person or virtually, and to use and publish such resulting recordings or any portions thereof.
2. Use of Marks. Except as expressly set forth herein, neither Participant nor any of its Representatives shall use the names, trademarks, service marks, trade names, logos, trade dress, or any other designation of source or origin subject to legal protection, copyrighted material or similar intellectual property (“Marks”) of Sponsor or any Public Hackathon Partner in any way without such party’s prior written permission in each instance, which such party may grant or withhold in its sole and absolute discretion.
3. Confidentiality and Intellectual Property Release.
1. You acknowledge, understand, and agree that given the nature of the Public Hackathon, many individuals, including Sponsor, the Judges and Public Hackathon Partners may have access to your Entry for the purposes described in this Agreement, including the Competition Guidance. FOR THAT REASON, IT IS YOUR RESPONSIBILITY TO NOT INCLUDE IN YOUR ENTRY ANY INFORMATION THAT YOU TREAT AS CONFIDENTIAL OR PROPRIETARY. ANY CONFIDENTIAL INFORMATION YOU SHARE IN YOUR ENTRY IS PROVIDED AT YOUR SOLE RISK WITHOUT ANY COMMITMENT OF CONFIDENTIALITY OR NONDISCLOSURE BY SPONSOR OR THE JUDGES.
2. You may receive confidential information from the Sponsor (“Sponsor Confidential Information”) during the Public Hackathon. Sponsor Confidential Information may include without limitation the following: information in any form, including oral or written disclosure, relating to its business, business plans, marketing campaigns, marketing strategies, financial data, facilities, products, techniques, processes, demonstrations, samples, drawings, any personal data or personal information, and such other information which is proprietary or confidential to Sponsor. Participants may use or refer to Sponsor Confidential Information solely as it relates to the Public Hackathon. Participants may not use or refer to Sponsor Confidential Information for any other purpose without the express written approval of Sponsor. Participants shall not disclose Sponsor Confidential Information to any other third party that is not a Participant, and shall use no less than a reasonable degree of care to prevent the unauthorized use, dissemination or publication of Sponsor Confidential Information.
3. If you are a Winner, the Sponsor may require that you execute a non-disclosure agreement with additional confidentiality provisions and an agreement relating to the intellectual property rights of the Entry.
4. Participant Representations and Warranties; Indemnity.
1. Representations and Warranties. Participant represents and warrants that: (i) Participant meets the eligibility requirements in Section 2, above, and all other conditions of participation in the Public Hackathon; (ii) the Entry is the original work of the Participant named in the Entry (e.g., individual, Team, entity) on whose behalf it is being submitted, and is factually accurate; (iii) Participant has the authority and sufficient rights to submit the Entry on behalf of the individual, Team, or entity, e.g., a corporation, identified as “Participant” in the Entry and to make the agreements set forth hereunder on behalf of such parties; (iv) Participant is the sole owner of all rights relating to its Entry, or has obtained all necessary rights, including all rights, copyrights, moral rights, patents, trademarks, design rights, trade secrets, rights of publicity, and other relevant intellectual property rights for access to and use of the Entry by Sponsor, the Judges and Public Hackathon Partners in connection with the Public Hackathon or otherwise as contemplated in this Agreement and the Competition Guidance; (v) the Entry does not contain malicious code, viruses, malware, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information; (vi) use of the Entry for the Public Hackathon does not trigger any financial liability for Sponsor; and (vii) submission of the Entry does not violate applicable law or regulation.
   Breach of any of the foregoing warranties or representations by Participant may result in its Entry being invalidated and/or Participant being disqualified from the Public Hackathon. Nothing herein is intended to limit any other remedies available at law or in equity to Sponsor, the Judges, and Public Hackathon Partners.
2. Indemnification. Participant agrees to indemnify and hold Sponsor, the Judges, Public Hackathon Partners and their respective affiliates, officers, directors, and agents, and any of their employees (“Indemnitees”), harmless from any and all claims, damages, settlements, expenses, costs (including reasonable attorneys’ fees) and liabilities brought or asserted against any of the Indemnitees due to or arising out of (i) Participant’s Entry or the Materials or any use thereof by the Indemnitees as permitted under this Agreement, (ii) the Participant’s conduct in creating or submitting the Entry, or otherwise in connection with Participant’s participation in the Public Hackathon, or (iii) Participant’s breach of any of the representations and warranties made hereunder.
5. Participant Responsibilities. Participant is responsible for (a) compliance with applicable laws and regulations relating to your participation in the Public Hackathon; (b) all equipment, expenses, resources, insurance and/or costs incurred by or on behalf of any Participant while participating in the Public Hackathon; and (c) to the extent applicable, abiding by its employer’s policies regarding participation in this Public Hackathon. Sponsor disclaims any and all liability or responsibility for disputes arising between you, your employer, any Team Member, Team, Entity or any Representative and any other party related to your participation in the Public Hackathon.
6. Other Disclaimers and Release of Liability
1. Entry Disclaimers. Sponsor will not be responsible or liable for any incomplete upload of any Entry, and/or for any misdirected or invalid Entries due to transmission errors or corrupted data files, including without limitation, interruption or inability to access the Public Hackathon Apply Pages, problems with internet connectivity, firewalls, virus protection software or hardware devices, and/or Entries that are late, destroyed, lost, stolen, misdirected, tampered with, incomplete, deleted, or not in compliance with this Agreement, including any provision of the Competition Guidance.
2. No Offer or Contract. Under no circumstances shall the submission of your Entry or your participation in the Public Hackathon, the making of an Award, or anything in this Agreement be construed as an offer or contract of employment with Sponsor or any Public Hackathon Partner. You acknowledge that you have submitted your Entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Sponsor or any Public Hackathon Partner, and that no such relationship is established by your submission of the Entry.
3. No Obligations. You acknowledge that multiple Participants may submit Entries that contain concepts, approaches, or technologies similar to your Entry and that Sponsor, Public Hackathon Partners and/or their respective subsidiaries and partners may already be investigating or developing solutions or have business activities that are related to or similar to those disclosed in your Entry. You acknowledge that Sponsor’s actions with respect to other Entries or one of its own solutions, investigations, or business activities, even if similar to your Entry, shall not create any liability, of any kind, by Sponsor to you or others. Further, Sponsor is not and shall not be restricted in any way from pursuing, developing, or commercializing, in any way that it sees fit, independent of you and at its sole discretion, any activity or technology that is created independent of your Entry.
4. Liability Waiver and Release.
   Participant, on its own behalf and its shareholders, directors, officers, employees, agents, and Representatives, hereby agrees that Sponsor, the Judges, the Public Hackathon Partners, each of their affiliates, and anyone acting on behalf of any of the foregoing in any way (“Released Parties”) will have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death, or for claims based on publicity rights, defamation, and/or invasion of privacy) relating to or in connection with (i) the Public Hackathon, including participation or the acceptance, receipt, possession, disqualification, misuse, nonuse or use of any Entry, Materials or Award; or (ii) any damage to Participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Public Hackathon, even if caused by the negligence or misconduct of the Released Parties.
   Participant acknowledges that the Released Parties have wide access to ideas and that new ideas are frequently submitted to them or are being developed by their employees, including ideas that may be competitive with Participant’s business. Participant agrees that it will not be entitled to any compensation as a result of any Released Party’s use of material that is similar or identical to its Entry.
   PARTICIPANT, ON ITS OWN BEHALF AND ON BEHALF OF ANY TEAM, TEAM MEMBER AND/OR ENTITY, INCLUDING EACH OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, HEREBY EXPRESSLY WAIVES ALL RIGHTS ANY OF THEM HAVE OR MAY HEREAFTER CLAIM TO HAVE FOR IRREPARABLE INJURY, EQUITABLE RELIEF, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, ATTORNEY FEES OR ANY DAMAGES AGAINST SPONSOR, ANY PUBLIC HACKATHON PARTNER, JUDGES, ANY THIRD PARTY, OR ANY OF THEIR AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTATIVES, AND FURTHER EXPRESSLY WAIVES ALL RIGHTS THEY, OR ANY OF THEM, MAY HAVE OR MAY CLAIM TO HAVE UNDER THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, OR EQUIVALENT LAW OF ANY JURISDICTION, WHICH PROVIDES:
   A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
   In no event will the Released Parties’ aggregate liability under this Agreement or in any way in connection with the Public Hackathon exceed U.S. $100. Participant agrees to release all rights to bring any claim, action, or proceeding against the Released Parties.
7. Privacy. The terms of Sponsor’s privacy policy found here apply, and are incorporated in this Agreement by reference.
8. Choice of Law, Dispute Resolution; Binding Arbitration
1. Choice of Law. This Agreement, including the Competition Guidance, will be interpreted under the laws of the state of California, U.S., and controlling U.S. federal law. You acknowledge and agree that all aspects and content of your Entry, including all information, developments, inventions, and works of authorship, shall be treated as if made in the U.S. and U.S. laws relating to patents, inventions, assignments, and innovation compensation shall supersede the relevant laws of any country in which the Entry may have been conceived, developed, or reduced to practice.
2. Dispute Resolution. If Participant has any dispute regarding the Public Hackathon, Participant must first give Sponsor an opportunity to resolve the dispute by sending a written description of the dispute to Sponsor via the Email option at https://www.levi.com/US/en_US/contact. “Public Hackathon” must be included in the subject line of such email communication. Sponsor and Participant will negotiate Participant’s dispute in good faith. If the dispute is not resolved within sixty (60) days after Sponsor acknowledges receipt of Participant’s description of its dispute, Participant may pursue arbitration as described in Section 8(c), below. Any dispute arising from the Hackathon and any claim under Section 8(c) below or other legal proceeding may be commenced no later than sixty (60) days after the conclusion of the Public Hackathon or the date on which the party bringing the claim became aware of the act or omission on which the claim is based, whichever is earlier.
3. Binding Arbitration. Except as provided below and to the extent permitted by law, Sponsor and Participant agree that any dispute relating to the Public Hackathon that is not resolved by the dispute resolution process above may be resolved by binding arbitration to be held in the county of San Francisco, California, in accordance with the Commercial Rules then in effect of the American Arbitration Association (“AAA”). The parties will mutually agree on a single arbitrator. If the parties cannot mutually agree, the arbitrator will be appointed by the AAA. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will be final, conclusive and binding on the parties. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The party that does not prevail in the arbitration will pay all of the costs and expenses of such arbitration, and each party will separately pay its respective counsel fees and expenses. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages listed in this Agreement and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under this Agreement, and each party hereby irrevocably waives any claim to such damages.
9. Miscellaneous
1. Damage or Disruption. Any attempt to deliberately damage the Public Hackathon Sites, defraud Sponsor or any Judge or Public Hackathon Partner, or tamper with or undermine the legitimate operations of the Public Hackathon may be a violation of civil and/or criminal laws, and responsible persons may be prosecuted or sued to the full extent permitted by law and will not be eligible for an Award or to be a Winner.
2. Entire Agreement. This Agreement, including the Competition Guidance, constitutes the parties’ entire agreement on this matter, superseding all previous and contemporaneous communications or agreements, whether oral or written.
3. Severability. The invalidity or unenforceability of any provision of this Agreement, including any provision in the Competition Guidance, shall 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, this Agreement, including the Competition Guidance, shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
4. Void Where Prohibited. If the Public Hackathon is deemed unlawful in any country, all entries from such country will be void, as determined by Sponsor.