Datathon FME - Terms and Conditions

These Terms and Conditions (hereinafter, "T&C") are intended to regulate the relationship between "Associació d'Estudiants de Dades" (hereinafter, "AED") and "Facultat de Matemàtiques i Estadística - UPC" (hereinafter, "FME") and the Users who decide to sign up and participate in the event "Datathon FME".

For the purposes of this Agreement, the parties agree that, when used capitalized herein, the following terms shall have the following meanings unless they are otherwise defined in this Agreement.

DEFINITIONS

The “Organizers” refers to:

The “Participant” refers to any User who decides to sign up accepting these T&C and participates in the event organized by the Organizers by competing in the Datathton.

The “Attendee” refers to any User who decides to sign up accepting these T&C and participates in the event organized by the Organizers in any other role that is not the role of Participant. It includes the following: Sponsor, Judge, Mentor, Organizer, Volunteer and other attendees.

The event “Datathon FME” refers to the Event organized by the Organizers, which is a Datathon. Datathons are weekend-long competitions where you Participants are challenged to work on real-world business cases from different areas of Machine Learning, AI, and Data Science. Participants are given some datasets in order to answer questions or implement solutions.

The “Swag” refers to any gift provided by The Organizers or any "Datathon FME" sponsor or partner in any physical or online form with no cost.

CLAUSES

1. OBJECT

By virtue of this Agreement the Participant or Attendee agrees to participate in the event Datathon FME organized by the Organizers.

These T&C apply to both the Participants and the Attendees, although some of its clauses may only be applicable to the Participant given their role in the Datathon.

2. Datathon FME COMPETITION RULES

These are the Datathon FME competition rules. They are a customized version of the standard competition rules used at MLH Member Hackathons. If you have a suggestion for these rules or a question about them, please submit it to the email address provided.

The rules of the competition

  1. There is no minimum team size, however, the maximum size is 4 people. There will be 1 prize for each member of the team, independently of the team size.
  2. Teams should be made up exclusively of students who are not organizers, judges, sponsors, or in any other privileged position at the event. Volunteers are allowed to participate in their free time, accepting the extra difficulty of participating and volunteering at the same time, but their role won’t give them any judging advantage in front of the rest of participants.
  3. All team members should be accepted into the datathon by the organization and registered into the online platforms/forms used before and during the event.
  4. All team members should be reachable by any member of the organization team during the event.
  5. Teams can of course gain advice and support from organizers, volunteers, sponsors, mentors and other related people to the datathon.
  6. All work on a project should be done at the datathon.
  7. Teams can use an idea they had before the event.
  8. Teams can work on ideas that have already been done. Solutions do not have to be “innovative”, although it's a plus.
  9. Teams can work on an idea that they have worked on before (as long as they do not re-use code).
  10. Teams can use libraries, frameworks, or open-source code in their projects. Working on a project before the event and open-sourcing it for the sole purpose of using the code during the event is against the spirit of the rules and is not allowed.
  11. Adding new features to existing projects is allowed. Judges will only consider new functionality introduced or new features added during the Datathon in determining the winners.
  12. Teams must stop working once the time is up. However, teams are allowed to make small fixes to their programs/documents after time is up. Making large changes or adding new features is not allowed.
  13. Projects that violate the Code of Conduct are not allowed (clause 3).
  14. Teams can be disqualified from the competition at the organizers’ discretion. Reasons might include but are not limited to breaking the Competition Rules, breaking the Code of Conduct, or other unsporting behaviour.

Demos

After the working time finishes, teams will show their projects to each other and to the judges.

In order to present your project to Datathon FME judges and sponsors you would need to be able to sing up and log in to third party services complining with the applicable law of your country. Agreeing with the terms and conditions of any third party service suggested, used or proposed by the organization.

You are strongly encouraged to present a demo of what you have built. Pitches or presentations are also an option.

You are encouraged to present what you have done even if your solution is broken or you weren’t able to finish. It’s okay if you didn’t finish your project, that happens all the time! Completion is only one part of the judging criteria, so you might still do well. Also, demoing is not just about the competition. It’s a chance to share with others what you learned and what you tried to build! In the case that you don’t have anything to demo, you can give a presentation about what you tried and what you learned. Hearing what other people learned is interesting and inspiring for other attendees.

Judging Criteria

Teams will be judged on several criteria, which may include but are not limited to:

Note that these criteria are just a guideline. Ultimately judges are free to make decisions based on their gut feeling of which projects are the most impressive and most deserving.

Prizes

The Organizers keep the right to decide which method is used to give the prizes to each winner, without the need or obligation to make public the followed criteria. The no acceptance of the method chosen by the Organizers will be cause for withdrawal of the prize.

The Organizers shall not take any responsibility for the failure of the participant to avail the prize due to inaccurate information provided by the participant. The Organizers reserve the right to replace any winner if we discover that the winner is or was in breach of these general terms and conditions.

In order to carry out the delivery of the prize, the winners must provide all information required by the Organizers or third parties on its behalf, such as identity documents, passports, etc.; any delay or failure to provide the required documentation and/or information will be cause for withdrawal of the prize.

Each winner will be responsible for complying with the tax and accounting obligations involved in obtaining the prize for personal taxation purposes.

Cheating

Accusations of cheating may include but are not limited to:

If you suspect cheating, please get in touch with the organizers of the event. If you are still at the event, please talk to a Datathon FME organizer. If it is after the event, please email us at the given email address. Don't forget to clearly state the following:

Datathon FME Organizers will then investigate the allegation by reviewing public materials about the solution, including project repos, project submissions, and anything else available to them.

If Organizers determine cheating did not occur, they will inform the reporter.

If Organizers are unable to determine that cheating did not occur based on publicly available resources, Organizers will then communicate with the alleged cheater. Informing them of what has been reported about them and allowing the alleged cheater to give their side of the story to the staff. After this point, if the report stands, the alleged cheater will be informed of what actions will be taken against them.

Actions that Organizers will consider when dealing with alleged cheating offenders are:

Depending on the cheating allegation, the Organizers may decide to make one or more public announcements. If necessary, this will be done with a short announcement. No one other than Datathon FME directors should make any announcements.

Remember!

The competition is just a part of the Datathon. To make the most out of the event, try something new, teach other people, and make new friends!

3. CODE OF CONDUCT

You can check out the Code of Conduct here.

The Code of Conduct extends to all attendees, including hackers, volunteers, organizers, sponsors, judges, mentors, and MLH staff.

4. SWAG

5. TERMINATION AND CANCELLATION

The Organizers may at any time, in its sole discretion, immediately terminate this Agreement with or without cause. The Organizers will make commercially reasonable efforts to notify the Participant or Attendee via email of any such termination or cancellation up to the date of the event.

Participants or Attendees may cancel and/or terminate this Agreement with or without cause at any time, always notifying the Organizers in a reasonable period of time.

If either party does not fulfil a material obligation defined in this Agreement, the other party has the right to terminate this Agreement immediately with written notice to the party in breach, provided that such material breach remains uncured, without prejudice of the right to claim the damages caused to the non-breaching party.

6. CONFIDENTIALITY, PERSONAL DATA PROTECTION AND RIGHTS OF IMAGE

In accordance with the current data protection legislation, particularly the Regulation (EU) 2016/679 of The European Parliament and of The Council, of 27 April, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data collected during the use of the Website and during the event will be processed in accordance with the provisions of the Privacy Policy which all Users must expressly accept.

As it is explained in the Privacy Policy, one of the personal data that you authorize AED to process is your image:

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

Indemnification

You agree to indemnify, defend and hold the Organizers, its members (hosts and volunteers) and other personalities that have a role in this event (sponsors, judges, mentors) harmless from and against any and all costs, claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any claims and lawsuits or proceeding for libel, slander, copyright, and trademark violation as well as all other claims resulting from (i) the participation in the event Datathon FME or (ii) otherwise arising from a relationship with the Organizers. You also agree to indemnify the Organizers for any legal fees incurred by the Organizers, acting reasonably, in investigating or enforcing its rights under this Agreement.

Limitation of Liability

Under no circumstances will the Organizers be liable to the participant or attendee with respect to any subject matter of these terms and conditions under contract, tort (including negligence), strict liability or other legal or equitable theory, whether or not the Organizers have been advised of the possibility of such damage, for indirect, incidental, consequential, special or exemplary damages arising from any provision of these terms. These limitations shall apply notwithstanding any failure of essential purpose.

8. MODIFICATIONS

The Organizers reserve the right to amend the provisions of the present Agreement that are minor in scope or nature, and to do so without citing any reasons, provided such modifications do not lead to the Agreement as a whole being restructured.

If a Participant or Attendee objects to the new (modified) Terms, then the Agreement between the two parts will be terminated (clause 6). The Organizers, once the agreement is terminated, won’t consider the participation of the participant unless the new terms and conditions are accepted again in a new application process to the Event following the standard acceptance process.

9. APPLICABLE LAW AND JURISDICTION

This Agreement shall be governed by Spanish law.

In the event that the User’s domicile is outside Spain, the Organizers and the Participant or Attendee, expressly waiving any other jurisdiction to which they may be entitled, hereby submit to the jurisdiction of the Courts and Tribunals of Barcelona.

The Organizers will pursue the breach of this Agreement by exercising all civil and criminal actions that may correspond.

10. GENERAL PROVISIONS

Force Majeure

Except for payment obligations, if either party is prevented from performing or is unable to perform any of its obligations under this Agreement due to causes beyond the reasonable control of the party invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes (each, a “Force Majeure Event”), such party’s performance shall be excused and the time for performance shall be extended accordingly provided that the party immediately takes all reasonably necessary steps to resume full performance. If such party remains unable to resume full performance fifteen (15) days after the Force Majeure Event, the other party may terminate this Agreement upon written notice.

Severability

Should any of the provisions of this Agreement be adjudged invalid or unenforceable by the rules and regulations of Spain or a Spanish court, such provisions shall be deemed several from the remainder of this Agreement and not affect the validity or enforceability of the remainder of this Agreement. In that case, such provisions shall be changed and interpreted to achieve the purposes of those provisions as much as possible within the extent of relevant laws or judgment of the court.

Survival

Clauses 2, 5 and 8 shall survive termination or expiration of this Agreement for any reason. All other rights and obligations of the parties under this Agreement shall expire upon termination of this Agreement, except that all payment obligations accrued hereunder prior to termination or expiration shall survive such termination.

Assignment

The organizers are hereby authorized to assign, sublicense, delegate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party provided that the assignee shall assume all rights and obligations under this Agreement.

The Participant or Attendee shall not assign, sublicense, delegate or otherwise transfer any of its rights or obligations.

Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person (including by internationally recognized commercial delivery service), and on the day the notice is sent when sent by email with confirmation receipt, if the time of transmission is during recipient’s business day, or if not on the next business day thereafter, in each case to the respective parties at the postal or email addresses provided by them in writing.

Either party may change its address by providing the other party with written notice of the change in accordance with this section.

Relationship of Parties

The parties are independent contractors and will have no right to assume or create any obligation or responsibility on behalf of the other party. Neither party shall hold itself out as an agent of the other party. This Agreement will not be construed to create or imply any employment relationship, partnership, agency, joint venture or formal business entity of any kind.

Waiver

No delay or failure by either party to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy. All waivers must be in writing and signed by an authorized representative of the party waiving its rights. A waiver by any party of any breach or covenant shall not be construed as a waiver of any succeeding breach of any other covenant.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, oral or written, with respect to the subject matter of this Agreement. The information and documents provided by the Participant or Attendee to the Organizers, as requested by the latest in order to enter the Agreement, shall be also considered as part of this Agreement. This Agreement may not be amended without the written consent of the parties.

Headings

The headings of the articles and paragraphs contained in this Agreement are inserted for convenience and are not intended to be part of or to affect the interpretation of this Agreement.

Counterparts

This Agreement may be executed in counterparts or online, which taken together shall form one legal instrument.

No Third Party Beneficiaries

This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Last Reviewed: October 8, 2022.


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