GE Digital Detroit HACKATHON AGREEMENT

The GE Digital - Detroit Industrial Hack, described below, will be conducted subject to the following legal terms, explained below.  Throughout these terms, the entity or individual participating in the Hackthon is referred to as “you” or the “Participant”.  These terms are an agreement between you and the General Electric Company, having an address at 3135 Easton Parkway, Fairfield, CT 06828.  Each party will be called a “Party” and together, the “Parties”.

The Hackathon will be held in-person at the Henry Ford museum (20900 Oakwood Boulevard, Dearborn, MI 48124, US) on July 29/30 at 7:00 am – 10:00 pm EST (each day).

  1. LEGAL TERMS: By attending, and making a Submission (as defined herein) to the Hackathon (also referred to as the “Competition” or “Challenge”), you are agreeing to be bound by the following legal terms (“Official Rules”). The Official Rules also incorporate by reference the additional terms specified at [detroitindustrialhack.io] (the “Hackathon Website” or “Challenge Website”).  THESE OFFICIAL RULES SUPERSEDE ANY OTHER RULES AND TERMS & CONDITIONS ON THE WEBSITE OF ADMINISTRATOR GE DIGITAL TO THE EXTENT THERE IS ANY CONFLICT OR TERMS.
  2. SPONSORS; ADMINISTRATOR: The Hackathon is sponsored by General Electric Company (“GE”), 3135 Easton Parkway, Fairfield, CT 06828. The Hackathon Website is administered by GE Digital (“Administrator”) Administrator GE is referred to as “Hackathon Sponsors” or “Sponsors” or “Posters”.
  3. GENERAL INFORMATION: NO PURCHASE OR PAYMENT IS REQUIRED TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. Each Submission (as defined below) will be reviewed independently. Multiple Submissions are not permitted. Multiple individuals or entities may collaborate to submit a single Submission, but a single individual must be designated as an official representative for each Submission. You are responsible for abiding by your employer's policies regarding participation in the Challenge. Sponsors disclaim all liability or responsibility for disputes arising between you and your employer related to this Challenge.
  4. ELIGIBILITY: The Competition is open to all individuals, able to attend in-person, over the age of 18 who are residents of the United States for the duration of the Competition (“Eligible Individuals”), teams of such individuals (“Teams”), and to all validly formed legal entities domiciled in the United States that have not declared or been declared in bankruptcy. Employees and contractors of GE and any of their respective affiliates or subsidiaries are not eligible to enter.
  5. HOW TO ENTER: To complete registration, you must sign up to create a free Eventbrite account, or log in with an existing Eventbrite account. This account can be created at com.  All registration information you provide is collectively referred to as your "Eventbrite Account." Once you have a Eventbrite account go to https://detroitindustrialhack.eventbrite.com address and click on the register button, follow the instructions and fill out all the details and submit your request. This Eventbrite registration is the first step of entire this registration process, it does not guarantee a spot for this hackathon. If you are selected, you will receive an email confirmation notification and further instructions from us to complete the registration. 

At the Eventbrite registration page, you will find and must follow further instructions for submitting your completed proposal (your “Submission”). By making a Submission, you formally accept the Official Rules for this Competition and you agree that (a) your Account is complete, correct and accurate and (b) your registration may be rejected or terminated and your Submission submitted by you may be disqualified if any of the information in your Account is (or Sponsors have reasonable grounds to believe it is) incomplete, incorrect or inaccurate. You are solely responsible for your Account.

You will receive an email from the GE Digital Hackathon team with further instructions for completing the registration. You must follow the email instructions from the GE Digital Hackathon team for creating Predix, Devpost accounts, competition website and other Predix setup information for you or your team. All these accounts will collectively use throughout the competition and must follow all the instruction from the GE Digital Hackathon team.

 

You will be using Predix as a part of the Competition, you must sign up for a Predix Free Trial, and agree to the Predix terms and conditions in connection with the Free Trial. This can be created by completing the form at https://www.predix.io/registration/. All of the registration information that you provide is collectively referred to as your "Predix Account." Your Devpost Account and Predix Account are collectively referred to as “Accounts.”

 

  1. TEAMS: Up to 6 eligible individuals may participate as a Team, provided each individual has registered individually for the Competition before joining the Team.  An individual may not participate on more than one Team. A Team may consist of no more than 6 individuals and no less than 3 individuals.  All Teams entering the Competition must designate one team member (the “Official Representative”) to represent, act, and enter a Submission, on the Team’s behalf. An individual who participates as part of a Team may not enter the Competition on an individual basis.

Each Individual and Team, participating in this Competition is referred to as an “Entrant” or “Maker” or “You” in these Official Rules and on the Competition Website. 

GE reserves the right to modify, remove or add data to the Competition Website upon notice to Entrants via email using the email address associated with Entrant’s Account and/or by such other reasonable means as the Sponsors may determine. Sponsors further reserve the right in their sole discretion to extend or modify the dates of Competition and/or Entry submission dates, and to change the terms of these Official Rules governing any portion of the upon notice to Entrants via email using Entrant’s email address associated with Entrant’s Account and/or by other such reasonable means as the Sponsors may determine.  Entrants are urged to consult the Competition Website regularly during the Competition.  Sponsors shall have the right to remove any blog comment or posting related to the Competition from the Competition Website in their sole discretion at any time and for any reason.

BY PARTICIPATING IN THE COMPETITION, YOU ACCEPT THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREE TO BE BOUND BY THE DECISIONS OF THE COMPETITION JUDGES AND WARRANT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THE COMPETITION. IF YOU DO NOT ACCEPT ALL OF THESE OFFICIAL RULES, THEN DO NOT SUBMIT AN ENTRY TO THE COMPETITION. WE RECOMMEND THAT YOU PRINT A COPY OF THESE OFFICIAL RULES FOR YOUR FUTURE REFERENCE.

  1. COMPETITION OBJECTIVE: The objective of the Competition is to build brand awareness for GE Digital, and to connect engineers with GE careers.
  2. SUBMISSION GUIDELINES AND REQUIREMENTS - Your Submission must include the following:

A working, software “application” aligned to one of the prize categories outlined on the Challenge Website:

  1. Recruitment: This type of “application” is directed to solutions that will empower recruiters and hiring managers to connect with engineers, or to connect engineers with GE careers. 
  2. Art of Data:This type of “application” is directed to solutions that help data owners identify actionable opportunity within their large data sets. This should include at least one of the following components: visualization, forecasting, predictive modeling.
  3. Open Source Intelligence:This type of “application” is directed to solutions that explore the wealth of openly available data to answer a research question provided or one analogous to GE's business model.
  4. Augmented / Virtual Reality: This type of Application is directed to solutions thatimmerse the end user in an environment designed to teach, empower, or delight in alignment with GE's digital industrial world.

EACH APPLICATION MUST ALSO MEET THE “ADDITIONAL APPLICATION REQUIREMENTS” SET FORTH BELOW. Submissions in each Category are eligible for different prizes as further described herein.

  1. A text description that explains the features and functionality of your Application;
  2. One or more imageswhich should be photographs or screenshots of your working Application; 
  3. A demo to be delivered during the "Judging" portion of the "Challenge". This demo should clearly explain your Application’s features and functionality. The demo should be less than 5 minutes and should not include third party trademarks, copyrighted music or other material unless you have permission to use such material. (You must upload the Video to YouTube or Vimeo and provide a link to the video on the “Enter a Submission” form);
  4. A description of your Application’s potential impact,entered on the “Enter a Submission” form (If you choose to upload an additional document with supporting data to demonstrate your Application’s impact on GE’s outcomes, your document should be 1 page or less and should be uploaded as a pdf or included in a .zip on the Submission form.

Additional Application Requirements:

(a) Applications Must Be U.S.-Based: All submitted Applications must function and be available in the United States at the time the Submission is made.

(b) Platforms: All submitted Applications must run on at least one of the following:

  1. web browser(mobile or desktop);
  2. desktop computer(Windows PC, Mac Desktop);
  3. other hardware(including, but not limited to, wearable technology, open source hardware, or proprietary hardware);
  4. smartphone or tablet(iOS, Android, Blackberry, Windows Mobile, or Kindle).

 (c) For Applications which include software that runs on proprietary or third party hardware that is not widely available to the public, including software running on devices or wearable technology other than smartphones, tablets, or desktop computers, Sponsors reserve the right, in their sole discretion, to require the Entrant to provide physical access to the Application hardware upon request. 

(d) Testing: Your Application must be available free of charge and without any restriction, for testing, evaluation and use by Competition Sponsors through the duration of the Competition.

(e) Functionality: Your Application must function as depicted in the video and/or expressed in the text description. Your Application must be usable by the intended end user with existing technologies and must not rely on a technology that is not yet publicly announced or introduced in the market.

(f) New & Existing Applications: The Application you submit may be newly created for the Challenge

(g) Data, SDKs, & APIs: Your Application may utilize data from outside (public) sources in addition to Intelligent Environment services, and may integrate SDKs, or APIs, provided you are authorized to use them.

A Maker may submit a Submission that includes the use of Open Source Software or hardware as defined below, provided the Maker complies the requirements of this section.  By entering the Challenge you represent, warrant, and agree that your Submission meets these requirements.

Open Source Software” means any software code that is distributed as “open source software” or “freeware” or is otherwise distributed publicly or made generally ‎available in ‎source code form under terms that permit modification and redistribution of such ‎software on the condition that if such software code is redistributed that it be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) distributed at no charge, including but not limited to, software licensed or distributed under any of the collection of Open Source Initiative (“OSI”) approved licenses.

For any final Submission to be eligible to win, all Open Source Software or third party code or other materials used in connection with that submission must be limited to code that Sponsor will be legally entitled to commercially use and exploit in any fashion at no additional cost to the Sponsor and that will not in any way or in any Sponsor use case: (i) create, or purport to create, obligations of Sponsor with respect to the Sponsor’s programs; or (ii) grant, or purport to grant, to any third party any rights to or immunities under Sponsor’s intellectual property or proprietary rights in Sponsor’s programs.  Open Source Software that is under the BSD, MIT, Creative Commons – Attribution (CC BY), Microsoft Public License (MS-PL), Python Software Foundation License, or Apache Software License v 2.0 license will be accepted in a Submission (the “Allowable Open Source Licenses”).  Other open source software that is covered by licenses that are not in the list of Allowable Open Source Licenses shall not be included in any Submission unless, prior to submission, that particular open source software component’s license and intended use case have been approved in writing by Sponsor and Administrator.  In addition to the aforementioned requirements related to Open Source Software, all Submissions of Open Source Software must be in material compliance with all terms and conditions of the applicable licenses governing its use (e.g. providing downstream recipients with required copyright attribution, copies of Open Source Licenses, etc.).

  1. INTELLECTUAL PROPERTY RIGHTS: By submitting an Entry and participating in this Competition, you are notgranting Sponsors any rights to any patents or pending patent applications related to the technology described in your Entry and Sponsors make no claim to ownership of your Entry or any intellectual property that it may contain.
  2. Entrant’s Rights: Subject to the licenses described below, any applicable intellectual property rights to a Submission will remain with the Maker.
  3. Sponsor Rights: By entering the Competition, you grant to the Sponsor, Administrator, and any other third parties acting on the Sponsor’s behalf, a royalty-free, non-exclusive, worldwide, perpetual license to display publicly and use the Submission, in perpetuity. This license includes, but is not limited to, posting or linking to the Submission on Sponsor’s, Administrator’s, and partners’ websites and applications, including the Challenge Website, and display and promotion of the Submission in any other media, worldwide.
  4. Submission Display: The following Submission components may be displayed to the public: name, description, images, video URL, website, URL, team members, the Submission category and platform, and submitter type. Other Submission materials may be viewed by the Sponsor, Administrator, and Judges for screening and evaluation.

D. Makers represent and warrant that the Sponsor, Administrator, and Challenge partners are free to use Makers’ Submission in the manner described above, as provided or as modified by the Administrator, without obtaining permission or license from any third party and without any compensation to Makers.

E. You agree that nothing in the Official Rules grants you a right or license to use any Sponsor or Administrator name, trademark or service mark.

F. You acknowledge that GE, other entrants, or others may have developed or commissioned materials similar or identical to your Submission, or may develop something similar in the future, and you waive any claims you may have resulting from any similarities to your Submission.

G. You understand that Posters cannot control the information you disclose to us or our representatives in the course of participating in the Hackathon, or what we or our representatives will remember about your Submission. You also understand that we will not restrict work assignments of representatives who have had access to your Submission. By participating in the Hackathon, you agree that we may use any information in our representatives’ unaided memories in the development or deployment of our products or services without liability or compensation to you. You understand that you will not receive any compensation or credit from us for use of your Submission in connection with this Hackathon. This provision does not limit any compensation you may receive through us or third parties as a result of your use or marketing or profiting from the application beyond this Hackathon or as provided in these Official Rules. We are not responsible for any unauthorized use of your Entry by those accessing or viewing your Entry.

By submitting an Entry and participating in this Competition, you do grant Sponsors certain limited rights, as set forth in these Official Rules. By submitting an Entry, you consent to the use, by Sponsors, their affiliates, subsidiaries, parents, and licensees, of your name, likeness, image, biographical information, prize information (if an award winner), your company or institution name (if your Entry is from a company or institution) and any other personal data submitted with your Entry and the contents in your Entry (including any created works), in connection with the Competition, in any media or format now known or hereafter invented, in any and all locations worldwide, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked.

You agree that nothing in the Official Rules grants you a right or license to use the GE name or any GE trademark or service mark. You grant to Sponsors the right to include your company or entity name (if your Entry is from a company, institution or other entity) as an Entrant on the Competition Website and in materials related to Sponsors’ promotion of the Competition. Other than these uses, you are not granting Sponsors any rights to your trademarks by entering the Competition.

  1. BUSINESS RELATIONSHIP: The intent of the Competition is to encourage people to suggest their ideas and innovations to GE. Participation in this Competition or acceptance of a prize does not create an obligation on either your part or GE’s part to negotiate or enter into any business relationship or to sign any commercial agreement. Except as may otherwise be provided in these Official Rules, you are free to discuss your Entry and the ideas or technologies that it contains with other parties and you are free to contract with any third parties as long as you do not sign any agreement or undertake any obligations that that conflict with these Official Rules or that conflict with any agreement that you have entered into with Prize Sponsor regarding your Entry.

 

 

  1. PRIVACY & PUBLICITY:  

By entering this Competition, you acknowledge and agree that GE will have access to and use of any personal data you provide in connection with your Submission for purposes described in these Official Rules.  Such data will be used and protected as governed by the Privacy Policy posted on the GE Website at:  http://www.ge.com/privacy and Devpost at https://info.devpost.com/privacy. Personal Data may be shared by the Sponsors for the purposes described in these Official Rules.

  1. CONFIDENTIALITY: Since Sponsors do not wish to receive confidential information, nor hold any submitted materials “in confidence,” it is agreed that, with respect to your Submission, no confidential relationship or obligation of secrecy is established between Sponsors and you, the company you represented when submitting a Submission, or the owner of any part of your Submission.Sponsors shall have no liability or responsibility for use by any other individual or entity of any aspect of your Submission.

 

  1. WARRANTIES:By making a Submission, you represent and warrant that all information in your Submission and all information that you submit via the Competition Website is true and complete to the best of your knowledge, that you have the right and authority to submit the Submission and disclose the information therein on your own behalf or on behalf of the persons and entities that you specify within the Submission, and that your Submission (both the information and materials submitted in the Submission and the underlying technology/method/idea described in the Submission):

 

  1. is your own original work and representative of your capability, or is submitted by permission with full and proper credit given within your Submission (Entrants may contract with a third party for technical assistance to create a Submission provided the Submission is the result of Entrant’s ideas and creativity, and is solely Entrant’s work);
  2. does not contain confidential information or trade secrets (yours or anyone else’s);
  3. does not, to the best of your knowledge, violate or infringe upon the patent rights, industrial design rights, copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;
  4. does not contain malicious code, such as viruses, malware, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
  5. does not and will not violate any applicable law, statute, ordinance, rule, regulation, confidentiality agreement or other agreement; and
  6. does not trigger any reporting or royalty or other obligation to any third party.

A breach of any warranty set out in this provision of the Official Rules will result in the corresponding Submission being invalid.  In addition, you agree to indemnify Sponsors against all loss, damages and costs incurred by the Sponsors arising from your breach of the warranty.

  1. JUDGING
    1. Judges: Eligible Submissions will be evaluated by a panel of judges selected by the Poster (the “Judges”). Judges may be employees of the Poster or they may be external; they may or may not be listed individually on the Hackathon Website, and may change before or during the Hackathon. Judging may take place in one or more rounds with one or more panels of Judges, at the discretion of the Poster.
    2. Judges will meet with all Teams at the Hackathon and choose up to (5) teams eligible for each Prize Track to present their Application on stage at the Hackathon. The teams selected for each Prize Track will pitch their Application on stage and based on their presentation the Judges will identify the top scoring Submissions in each Prize Track
    3. All decisions of the Posters and Judges will be final and binding on all matters relating to this Hackathon.
    4. This is a contest of skill. Whether or not your Submission is determined as a winner depends on how your Submission compares to the other Submissions submitted in the Hackathon when evaluated based on the Judging Criteria. All awards are a one-time offer and there is no offer of licensure, royalty, or other financial compensation implied beyond the award. You are responsible for all taxes and reporting related to any award that you receive as part of the Hackathon.
  2. LIMITATION OF LIABILITY. By entering, all Makers (including, in the case of a Team or Organization, all participating members) agree to be bound by the Official Rules and hereby release the Poster, Administrator, other Hackathon Sponsors, and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Hackathon, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) Released Parties from and against any and all liability in connection with the prizes or Maker’s participation in the Hackathon, including any injuries, losses, damages, claims, actions and any liability of any kind (including attorneys’ fees) resulting from or arising out of your participation in, association with or submission to the Hackathon (including any claims alleging that your Submission infringes, misappropriates or violates any third party’s intellectual property rights). The Released Parties are not responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software or virus, or incomplete, late or misdirected Submissions. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal. 
  3. ENTRY CONDITIONS AND RELEASE
    1. By entering the Hackathon, you (and, if you are entering on behalf of a Team or Organization each participating members) agree(s) to the following:
      1. The relationship between you, the Maker, and the Poster and Administrator, is not a confidential, fiduciary, or other special relationship.
      2. You will be bound by and comply with these Official Rules and the decisions of the Poster, Administrator, and/or the Hackathon Judges which are binding and final in all matters relating to the Hackathon.
      3. You release, indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Maker’s entry, creation of Submission or entry of a Submission, participation in the Hackathon, acceptance or use or misuse of the prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules.
    2. Without limiting the foregoing, the Released Parties shall have no liability in connection with:
      1. any incorrect or inaccurate information, whether caused by the Poster or Administrator’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Hackathon; 
      2. technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Hackathon Website;
      3. unauthorized human intervention in any part of the entry process or the Hackathon;
      4. technical or human error which may occur in the administration of the Hackathon or the processing of Submissions; or
      5. any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Maker’s participation in the Hackathon or receipt or use or misuse of any prize.

The Released Parties are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Makers. Proof of sending or submitting will not be deemed to be proof of receipt by the Poster or Administrator.

If for any reason any Maker’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Maker’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Maker knows or should have known there was a problem, and will be determined at the sole discretion of the Poster.

  1. NO OBLIGATION:

You acknowledge that multiple Makers may make Submissions that contain designs, concepts or technologies similar to your Entry and that Sponsors and/or their respective subsidiaries and business partners may already be investigating or developing technical solutions or business activities that are related or similar to those that you disclose in your Submission. You acknowledge and agree that Poster’s or Administrator’s actions with respect to another Submissions or one of their own solutions or business activities, even if similar to your Submissions shall not create any liability to you or others. Further, Posters and Administrators are not or shall not be restricted in any way from pursuing, developing, or commercializing, in any way that they see fit, independent of you and at their sole discretion, any technology that is created independent of your Submission. For the avoidance of doubt, you acknowledge that Posters and Administrators are not obligated to take any action whatsoever with regard to your Submission.

  1. SEVERABILITY:

The invalidity or unenforceability of any provision of these Official Rules 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, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.

  1. GENERAL CONDITIONS
    1. Poster and Administrator reserve the right, in their sole discretion, to cancel, suspend and/or modify the Hackathon, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.
    2. Poster and Administrator reserve the right in their sole discretion to disqualify any individual or Maker it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Hackathon or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Hackathon, or a violation of any applicable law or regulation. 
    3. Any attempt by any person to undermine the proper conduct of the Hackathon may be a violation of criminal and civil law.  Should Poster or Administrator suspect that such an attempt has been made or is threatened, they reserve the right to take appropriate action including but not limited to requiring a Maker to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
    4. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Hackathon materials, including but not limited to the Hackathon Submission form, Hackathon Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.
    5. The terms and conditions of the Official Rules are subject to reasonable changes that are necessary or advisable at any time, including the rights or obligations of the Maker, the Poster and the Administrator. The Poster and Administrator will post the terms and conditions of the amended Official Rules on the Hackathon Website.  To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.
    6. If at any time prior to the deadline, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.
    7. The Poster or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Maker, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Poster’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
    8. Excluding Submissions, all intellectual property related to this Hackathon, including but not limited to copyrighted material, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Poster and/or Administrator. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. Any use in a Submission of Poster or Administrator intellectual property shall be solely to the extent provided for in these Official Rules.
  2. WAIVER:

By entering the Hackathon, you waive all rights to seek injunctive or equitable relief, or to claim punitive, incidental or consequential damages, or attorneys’ fees.

  1. APPLICABLE LAW:
    1. You agree that these terms and the relationship between you and the Sponsors shall be governed by the laws of the United States and the State of New York.
    2. You acknowledge and agree that all aspects and content of your Submission, including the intellectual property relating thereto, shall be treated as if made in the United States and United States laws relating to patents, inventions, assignments and compensation shall supersede the relevant laws of any country in which the Submission, including the intellectual property associated there with the Submission IP (defined herein), may have been conceived and/or made.
    3. For Makers living outside the United States, you specifically acknowledge that you accept the practices and policies outlined in these Official Rules and in the Privacy Policy for the Hackathon Website and consent to
    4. having your data transferred to and processed in the United States and in other countries as needed for Poster’s and Administrator’s business purposes.
  2. DISPUTES
    1. Makers agree that, to the fullest extent permitted by law: 
      1. any and all disputes, claims and causes of action arising out of or connected with this Hackathon, or any prizes awarded, other than those concerning the administration of the Hackathon or the determination of winners, shall be resolved individually, without resort to any form of class action;
      2. any and all disputes, claims and causes of action arising out of or connected with this Hackathon or any prizes awarded, shall be resolved exclusively by the United States District Court of New York or the appropriate New York State Court and Makers consent to the exclusive jurisdiction and venue of such courts; and
      3. under no circumstances will Makers be entitled to, and Makers hereby waives all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 

 

  1. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Makers andå the Poster in connection with the Hackathon, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
  1. GENERAL RELEASE – PHOTO AND VIDEO:

By registering for the “Competition”, you are agreeing to the following:

  1. I hereby give and grant to General Electric Company and its divisions, subsidiaries, licensees, agents, successors and assigns (collectively "GE") the right to photograph, record and/or videotape me and the perpetual, worldwide right to use, publish and display my name (as listed below), biographical material, voice, image, likeness, appearance and performance (the “Materials") in all media and in all forms, now known or later developed, including, but not limited to, print, video, audio, television or the internet, for use in advertising and promotion of GE, the Henry Ford Museum, the Sponsors, and any of their respective products or services, without further compensation to me or any limitation whatsoever.
  2. I agree that all Materials are owned by GE, and that GE may copyright the same, and I release any rights I may have with respect to the Materials. If I obtain a copy of any or all of the Materials, I shall not authorize their use by anyone else.
  3. I agree that the Materials need not be submitted to me for any further approval and that GE shall be without liability to me for any distortion or illusionary effect resulting from the use or publication of the Materials.
  4. Nothing herein shall constitute any obligation on GE to make any use of any of the rights set forth herein.
  5. I warrant and represent that the rights granted herein do not in any way conflict with any existing commitment on my part to other parties and I hereby expressly release and agree to indemnify GE from and against any and all claims, known and unknown, arising out of or in any way connected with the above granted uses and representations.
  6. I hereby certify and represent that I am over 18 years of age and have read the foregoing and fully understand the meaning and effect thereof.

 

  1. PREDIX AGREEMENT

This Agreement includes and incorporates all the terms and conditions of the Predix Customer Agreement, available at https://www.predix.io/legal/customer-agreement-us (the “Predix Customer Agreement”). The Predix Customer Agreement will govern the relationship of the Parties and the activities contemplated by this Agreement. If there is any conflict between the Predix Customer Agreement and the following terms and conditions, the following terms and conditions will be deemed to modify the Predix Customer Agreement and will take precedence over it.

  1. GE Materials

GE may provide to Participant, at GE’s sole discretion, computer software, documentation, technical information, technical assistance, testing feedback, training materials, sample code, APIs, software development kits, and other materials, information, software or hardware (collectively, “GE Materials”) to assist Participant with the Purpose.

  1. Platform Services

GE may provide to Participant, at GE’s sole discretion, access to and use of the Predix platform and related services, features, and functionality (collectively, “Services”), for Participant’s use in connection with the Purpose. To the extent that GE provides access to the Services or its computer networks, facilities, or software repositories, Participant agrees to use such access only for the Purpose.  Participant agrees not to exceed the scope of access authorized by GE to computer networks or facilities or to use such access to introduce any virus, worm, backdoor, root kit, spyware, or other computer malware or security vulnerability. Participant agrees to take reasonable precautions to protect any passwords, badges, or other access credentials granted by GE, and Participant agrees to report any lost or stolen access credentials or security breach to GE immediately. Participant acknowledges that the accounts provided by GE in connection with the Purpose are shared accounts. Any data, content, or information that Participant stores or makes available using such accounts may be available to other collaborators in connection with the Purpose. Accordingly, Participant represents and warrants that Participant shall not store or make available any information using the Service that Participant considers to be confidential or that Participant is obligated to keep confidential, including any personal or sensitive information, and Participant further represents and warrants that Participant has the all necessary rights, licenses, and consents to use, provide, and license any materials, data, software, or works supplied by Participant.  

  1. Service Fees

There will no fee for the Services, except as stated herein. Participant will bear its own costs and expenses, including travel and expenses, in connection with its participation and activities hereunder.

  1. Technical Support and Training

Participant is not entitled to receive any Predix technical support. Participant agrees not to attempt to contact Predix Technical Support for telephone support. GE may provide to Participant, at GE’s sole discretion, training materials and technical assistance related to the development of the Applications, as specified by GE.

  1. Licenses; Ownership
    1. By GE. GE grants to Participant a limited, personal, non-exclusive license, during the Term, to use the GE Materials and Services to develop the Applications and to use the Applications in connection with the Purpose only. Participant agrees not to use the GE Materials or Services for any other purpose, including, but not limited to, any commercial product or service offered, leased, rented, sublicensed or sold to third parties or for Participant’s own production use. Participant shall not use, copy, modify, distribute, display or otherwise disclose any GE
    2. Material, except as expressly authorized by GE. GE may provide certain third party software to Participant under a separate license (including, but not limited to, certain open source licenses), and any use by Participant of such third party software is subject to the terms and conditions of such licenses.
    3. By Participant. Participant hereby grants to GE and its parent, affiliates and subsidiaries the rights and licenses stated in Appendix 1 (“General Electric Contributor License Agreement”) in all information, works or materials that Participant makes available to GE or others in connection with this Agreement.
    4. Product Suggestions. Participant may, in its sole discretion, provide GE with suggestions or feedback for additions, changes, or improvements to GE products or services, including, without limitation, the Predix platform, the GE Materials, and the Services (collectively, “Product Suggestions”). If Participant provides any Product Suggestion to GE, then Participant agrees that as between Participant and GE, GE shall exclusively own any use, application, or implementation of such Product Suggestion in GE’s products and services, without restriction or obligation to compensate Participant.
    5. Reserved Rights. Except for the licenses expressly granted herein, including Appendix 1, each Party retains all right, title, and interest in all copyrights, patents, patent applications, trademarks, trade secrets, and other intellectual property or proprietary rights owned or controlled by such Party before or during the term of this Agreement. No rights or licenses shall be implied or deemed granted by waiver, estoppel, or otherwise.
    6. Term & Termination
      1. Term. This Agreement shall commence on the Start Date and expire on the End Date, unless earlier terminated as permitted below (the “Term”).
      2. Termination. This Agreement may be terminated by either Party for its convenience upon written notice to the other Party. GE may also suspend any Services at any time, if deemed necessary by GE in its sole discretion, to protect GE or its affiliates, partners, vendors, and customers from any liability, damage, or service disruption.
      3. Effect of Termination. Section 5 (b), (c) and (d) and Appendix 1 survive any termination of this Agreement. Upon any termination or expiration of this Agreement, GE may terminate the Services, and Participant agrees to return or destroy all GE Materials in its possession and to certify such return or destruction to GE upon request.
    7. Notice

In any case where any notice, approval, agreement or other communication is required or permitted to be given hereunder, such notice, approval, agreement or communication will be in writing and deemed to have been duly given and delivered: (i) if delivered in person, on the date of such delivery; (ii) if sent by overnight express or registered or certified mail (with return receipt requested), on the date of receipt of such mail; or (iii) if sent by confirmed electronic transmission, on the date of receipt of such electronic transmission. Notices sent to Participant by GE may be sent to Participant’s address or email set forth on the first page of this Agreement. Such notice or other communication to GE will be sent to the following address or email:  GE Digital, 2623 Camino Ramon, San Ramon, CA 94583. Attn: Legal Department       Email: Contracts.Software@GE.com

Appendix 1:

General Electric Contributor License Agreement

Participant agrees to the following terms and conditions for any Contributions (as defined below) uploaded, submitted or otherwise made available to GE in connection with this Agreement.    

  1. Definitions

“You” or “Your” below means Participant.

“Contribution” means any past, present, or future original work of authorship that You submit to GE through any form of communication for inclusion in any Work, including but not limited to source code, object code, machine code, updates, patches, samples, tools, documentation, manuals, graphics, pictures, specifications, or standards.

“Work” means any work of authorship or product that GE owns, manages, or makes available to third parties. 

  1. Copyright License: You hereby grant to GE, to the fullest extent permitted by law, a perpetual, worldwide, non-exclusive, no-charge, royalty-free, transferrable, irrevocable copyright license to use, copy, modify, merge, prepare derivative works of, publicly display, publicly perform, sublicense (through multiple tiers of sublicenses), publish, sell, and/or distribute Your Contributions and such derivative works.
  2. Patent License: You hereby grant to GE, and agree to grant to GE, to the fullest extent permitted by law, a perpetual, worldwide, transferrable, non-exclusive, royalty-free, irrevocable patent license to any patent claims that are now, or become, licensable by You to make, have made, use, offer to sell, sell, import, and otherwise transfer the Contribution and the Contribution in combination with any Work, including the right to sublicense these same rights to third parties through multiple tiers of sublicenses. 
  3. Moral Rights: If applicable, You hereby agree, to the fullest extent permitted by law, to waive and not to assert moral rights associated with Your Contribution against GE or any of GE’s direct and indirect licensees.
  4. You further agree that:
    1. You have the full power and authority to grant the rights granted pursuant to this Agreement without the consent of any third party and Your grant of rights pursuant to this Agreement does not contradict or violate any grant of rights You have made to third parties, including but not limited to (if applicable) Your employer.
    2. If You are entering this Agreement as a legal entity, each of Your employees listed on Schedule 1 to this Agreement is authorized to submit Contributions on Your behalf.
    3. You own the copyright and patent claims covering Your Contribution that are required to grant the rights granted pursuant to this Agreement.
    4. To the best of Your Knowledge, Your Contribution does not violate the intellectual property rights of any third party.
    5. You are in compliance with applicable export control laws.
    6. If You are entering into this Agreement as an individual, You are over eighteen years old. (if You are under eighteen years old, You must have a parent or guardian sign this Agreement)
    7. GE may publicly display the “Contributor User Name” that You provide in this Agreement as well as the fact that You have entered into this Agreement.
    8. You will promptly notify GE of any facts or circumstances that you become aware of that would make any representations made by You in this Agreement inaccurate.