- The Dutch Open Hackathon (“DOH”) is organized by Ahold, Kamer van Koophandel, KLM, KPN, Philips, Rabobank, Schiphol and USG People (hereinafter each individually – and including their subsidiaries and affiliate companies which are part of each Partners group in accordance with article 2:24a Dutch Civil Code) – to be mentioned as “Partner” and together the “Partners”). The representatives of each of the Partners form together Dutch Open Hackathon Organization (“DOHO”).
- The Partners may enter into one or more sponsor agreements with third parties who will also provide data-set and API’s for the DOH. A list of such sponsors who will be provided at the end of this document and on the website.
- These terms and conditions may be enforced by any Partner or Sponsor.
- The aim of the DOH is to have participants (“Participants”) create a joint App / service or a solution (the “Application”) with the datasets / Application Program Interfaces (“APIs”) of at least one participating Partner.
- In order to participate in the DOH, the Participant must accept these Dutch Open Hackathon Terms and Conditions (“DOH Terms”).
- Participation can be individual or in a team (of no more than 5 Participants). The Participant or Participants must all be at least 18 years old, or – if younger – provide the prior written consent of their legal representative. A Participant may not submit more than one Application (either on its own or as part of a team).
- The Participant / Participants are required to provide accurate, current and complete information when participating in the DOH. In order to award the prize, DOHO may ask the winning Participant / Participants to provide proof of its / their identity and their residence or address.
- The personal data of Participant will only be used by DOHO and the Partners for the purpose of participating in the DOH.
- The Participant will receive access to data-sets and APIs of the relevant Partners and/or Sponsors. The Partners and/or Sponsors grant the Participant the right to use the data-sets and APIs solely for the duration and purpose of participating in the DOH. The intellectual property rights to the data-sets and the APIs shall vest in the relevant Partner and/or Sponsors and/or their licensors. Nothing shall be construed as conferring any license under any Partner’s and/or Sponsors intellectual property rights, whether by implication or otherwise.
- The Partner and/or Sponsor will make the data-sets and APIs available to the Participant during the DOH, on an “AS IS” and “AS AVAILABLE” basis and gives no guarantee to the fitness for any particular purpose and/or performance. The data-sets and APIs may only be used for the purpose of developing the Application and may not be shared with third parties not being a Participant. After the DOH, Participants are not allowed to use, access or share with third parties the data-sets and APIs, unless such Participant(s) enter(s) into a separate agreement with one or more of the relevant Partners and/or Sponsors. Cached content or local copies of data-sets must be deleted no later than 2 weeks after the Hackathon. In the event that the Participant and any Partner and/or Sponsor enter into a separate agreement relating to the availability and access of the data-sets and APIs, if there is any inconsistency between the provisions of these DOH Terms and any such separate agreement, the provisions of the separate agreement shall prevail.
- Each Participant is solely responsible for maintaining the confidentiality and security of the data-sets and APIs. Participant agrees not to disclose or otherwise make available any confidential information to any third party. Participant immediately notifies the relevant Partner and/or Sponsor of any loss or unauthorized use of the data-sets and APIs. A dataset considered to be anonymous may not be combined with another dataset in such a way that one or more individuals can be directly or indirectly identified or individualized. The Partners and/or Sponsors believe that no individual can be directly or indirectly identified in their API’s and that it should not be possible to identify an individual in any combination with the API’s, taking into account all the means that are reasonably likely to be used to identify them. However, in the event that the Participant turns out to be able to directly or indirectly identify an individual during or after the DOH, he must inform the Partner(s) and/or Sponsor(s) immediately and refrain from developing an Application enabling such identification or any other usage of the data enabling such identification. This allows the Partner(s) and/or Sponsor(s) to mitigate any risk that may derive from this identification. The Participant shall not disclose and/or use any information if doing so is in violation of an obligation of antitrust law and/ or confidentiality.
- A detailed description, blueprint or example of the Application needs to be submitted before 11.30 AM November 1st, 2015, on the platform that will be communicated on site. The winner shall be announced the same day at the award ceremony.
- All intellectual property rights relating to the Application, in so far as not related to the API or dataset and its original content, will vest in the Participant(s), unless otherwise determined in the Participant’s employment contract with one of the Partners.
- The Participant guarantees that he/ she will comply with all applicable laws. By accepting these DOH Terms the Participant warrants that he / she is the creator of the Application and that it does not infringe any intellectual property rights of a third party and that he/she has obtained all licenses, consents or approvals required to submit the Application. Applications may be rejected if they contain content or materials of any kind (text, graphics, images, photographs, sounds, etc.) that in DOHO’s reasonable judgment are inappropriate or otherwise do not comply with generally accepted standards of morality. Applications that are not submitted in accordance with these DOH Terms will not be eligible to participate and be left out of consideration.
- In order to be acceptable, the Application needs to be new (not existing before the start of the DOH) in concept and capable of implementation. Existing applications may be used in order to develop an integration. The Application must be working (no power point) in order to have the DOHO be able to judge the Application.
- DOHO is entitled to disqualify Participants if it considers that the Participant does not act in accordance with these DOH Terms or if the Participant has otherwise fraudulently access to the DOH or unfairly influences the course of the DOH.
- The DOHO shall judge the submitted Applications considering creativity, scalability, business case and innovation. The DOHO’s decision will be final and not debatable.
- There is no obligation for any Partner and/or Sponsor to use any Application even if it has been selected as the winning Application.
- By accepting these DOH Terms, the Participant agrees that DOHO may (i) use the Participant’s name and photo and video images in connection with the publication and promotion of the DOH; (ii) publish the Application submitted by Participant on its Website(s) and/or the Partners’ and/or Sponsors’ websites, including the name or names and photos of the persons who have developed the Application. The Participant shall cooperate with all reasonable requests to promote the DOH. For cooperation of the Participant in promotional activities no financial compensation will be paid.
- The Participant allows the Partners and/or Sponsors to internally demonstrate and promote the Application at its own premises. The Participant agrees that by accepting a prize, the Partners and/or Sponsors will have the exclusive right for a period of 6 months starting November 1st, 2015 to enter into good faith negotiations with the Participant regarding an agreement for the use, exploitation and marketing of the winning Application. During this period, the Participant will not start negotiations with other parties.
If however Participant did not already enter into negotiations with one or more of the Partners and/or Sponsors, and Participant wishes to enter into negotiations with a third party during those first 6 months after the DOH, Participant shall inform all Partners and/or Sponsors of his intentions in writing, giving the individual Partners and/or Sponsors the right to request negotiations within 10 working days after the notification before Participant is free to enter into negotiations with a third party.
- DOHO and the Partners and/or Sponsors are not liable for any costs, losses and/or damages resulting from or in connection with (i) participation in the DOH, (ii) the use of the data-sets and APIs, and (iii) the use of the Website including but not limited to costs, losses and/or damages relating to any technical malfunctions, failures, malware, viruses or delays.
- These DOH Terms are governed by Dutch law. All disputes arising in connection with these DOH Terms shall be resolved by the competent courts of Amsterdam.
Partners:
Ahold, Zaandam, The Netherlands
Koninklijke Luchtvaart Maatschappij N.V. Amstel¬veen, The Netherlands
Transavia Airlines C.V., Schiphol, The Netherlands
Philips International B.V. Eindhoven, The Netherlands
Rabobank Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. Utrecht, The Netherlands
Schiphol Nederland B.V. Schiphol, The Netherlands
USG People N.V. P.J. Oudweg 61, 1314 CK Almere, The Netherlands
Kamer van Koophandel, Utrecht, The Netherlands
KPN B.V., Den Haag, The Netherlands
