Terms and Conditions
Sponsored by Epson America, Inc. (“Sponsor”). Operated by Innovation Runway, Inc. dba Foundry 415 Innovation Group. (“Operator”).
By submitting your registration for the EPSON INNOVATION CHALLENGE #3 (Hackathon) you agree to accept and abide by these EPSON INNOVATION CHALLENGE Terms and Conditions. Participation by each team and individual team member is subject to these Terms and Conditions and any additional rules and guidelines provided by Sponsor, and registrants may be referred to as “registrants,” “participants,” “entrants,” or “you” in these Terms and Conditions
2. Hackathon Description
The EPSON INNOVATION CHALLENGE is an initiative of Seiko EPSON Corporation designed to challenge innovators to develop solutions that enhance the user experience for its customers. Solutions must be based on current or new customer needs for Epson printer and scanner products.
The Hackathon is a competition among participants who may compete to create one proposed solution, which may include prototype, model, or software application (each, a “Solution”). For purposes of these Terms and Conditions, the “Hackathon Entities” shall mean the sponsor, operator and any other persons or entities participating as a partner with the EPSON INNOVATION CHALLENGE in the design, production, organization, execution, promotion or marketing of the Hackathon. Your “Entry” shall consist of one Solution and any other information, presentation, or materials your team submits in connection with the Hackathon.
3. Registration and Selection of Participants
You can participate as an individual developer or part of a (startup) team no greater than four (4) people. Switching teams is not allowed. You understand and agree that, in order for an individual or a team to be eligible to participate, each of the members of the team must meet the eligibility criteria contained in the Official Rules, as defined in Section 4, and consent to these Terms & Conditions. In addition, you understand and agree that if your team is selected to receive the opportunity for funding for further development or demonstration, your team is responsible for ensuring that such further funding will be appropriately distributed to each member of the team and that any recipient of funding is a resident of the United States of America or a resident of Canada. If your team is selected as a winner of the Hackathon this does not guarantee funding by either Operator or Sponsor. If one member of the team does not comply with these Terms and Conditions (including the Official Rules), the team as a whole may be disqualified. Each participant is responsible for cooperation and teamwork. We will not officiate or be responsible for any dispute between or among any team(s) or its/their members regarding their conduct, participation, cooperation, or contribution.
Registration is only possible through the online application form available at www.foundry415.com/epsoninnovationchallenge. Each team must enter the required information on a single application form. No late submissions will be accepted and any incomplete, false, erroneous, fraudulent, forged, tampered forms will not be considered.
Submission of an entry does not guarantee participation in the Epson Innovation Challenge. A selection committee will evaluate both the level of past project experience in software and application development and or UX design to select candidates for the invite only event. Admission to the Hackathon is at Epson’s sole discretion. Epson and its hackathon operator are not responsible for incomplete, lost or misdirected entries or entries received after the deadline.
All registered teams, who are selected and qualify for the competition, based on the information provided during the registration will be informed by formal acceptance notice via email on or before October 23, 2023 along with access to developer document resources.
In order for your submitted Entry to be eligible to be judged in the Hackathon competition, you or at least one member of each participating team must (a) attend online the EPSON INNOVATION CHALLENGE Kickoff Event on October 26, 2023, attend online or in person the EPSON INNOVATION CHALLENGE Demo Day Event on November 3, 2023, and (c) comply with all applicable Terms and Conditions set forth herein and any other rules or instructions communicated to participants by the Sponsor or Operator. The Demo Day venue address and other details will be shared with participants no later than October 26, 2023. If you choose to attend the Demo Day Event in person, you must make your own travel and accommodation arrangements and cover all associated costs and expenses.
4. Representations and Warranties
By and through your registration for the Hackathon, you represent and warrant the following:
a. You have read, understand, and agree to abide by the (i) EPSON INNOVATION CHALLENGE Agenda and Judging Criteria found at www.foundry415.com/epsoninnovationchallenge/agenda and (ii) Code of Conduct provisions found at www.foundry415.com/epsoninnovationchallenge/code-of-conduct (collectively, the “Official Rules”).
b. From the date of registration through the Hackathon date, and no later than the Hackathon date, you will periodically review the Hackathon website for any modifications or amendments to these Terms and Conditions.
c. Any decisions concerning the Official Rules or any other matter relating to this Hackathon by the Sponsor or Operator are final and binding on all Participants. Should there be a conflict between the Official Rules and these Terms and Conditions, the Official Rules shall control;
d. You are the original author, creator and inventor of your contributions to your Entry;
e. To your knowledge, the Entry will not infringe on any third party’s copyright, patent, trademark, trade secret, right of publicity or property or any other right;
f. Your Entry is not the subject of any actual or threatened litigation or claim;
g. Your Entry will not be obscene, offensive, libelous, pornographic, threatening, abusive, reflect negatively on the Hackathon Entities and their respective businesses, or otherwise objectionable;
h. Your Entry will not contain any viruses, Trojan horses, worms, spyware, or other disabling devices or harmful malicious code.
i. Your Entry will not contain any content that is illegal, would constitute or encourage a criminal offense, would result in a breach of contract, or would otherwise give rise to liability or violate any law;
j. You are, at the date of registration, the legal age of majority in the region in which you reside;
k. You are a resident of the United States of America and/or Canada.
l. You are not an employee of Sponsor or Operator including its respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Hackathon period, nor their respective immediate family members or persons living in their same household.
m. You are not located in, or from a country or territory, nor affiliated with an individual or entity from a country or territory, subject to restrictions or sanctions by U.S. law.
n. The Hackathon is void where prohibited. Entrants from a country, state, province, or territory where the Hackathon is prohibited will be rejected at the application stage.
Participating teams may submit only one Entry for the competition.
The teams have time to work and finalize their Entry for the competition from October 26, 2023 5:30pm PDT until November 3, 2023 4:00pm PDT.
At the conclusion of the Hackathon and by the deadline provided by Sponsor, each team will submit their Entry, in accordance with guidelines provided by Sponsor. Eligible Entries will be judged by a Judging Panel at the Hackathon venue. Specifications and criteria of selection will be provided by the Judging Panel on September 13, 2023 via the page www.foundry415.com/epsoninnovationchallenge/agenda. These criteria will be applied by judges employed or designated by Sponsor who have qualifications sufficient to apply the criteria to the Entry. Based on the judging of the Entry, the top-scoring team(s) will be selected as winners and notified or announced by Sponsor. The Judging Panel’s decision is final, and no correspondence will be entered into. If teams cannot be reached within seven (7) business days of notification, Sponsor reserves the right to withdraw the winning designation from the top-scoring team and select a new winner. Sponsor is not responsible for technical, network, electronic, computer hardware or software failures or any kind, misdirected, incomplete, garbled or delayed transmissions. Sponsor is not responsible for submissions that are lost or delayed, or which are not received for any reason.
6. Prizes and Awards
The prizes and awards to be awarded are as follows:
The Participants whose Entries are awarded the top three (3) highest scores by the Judging Panel will receive a material prize to be disclosed on the day of the event. The odds of winning depend on the total number of eligible Entries received. No substitution of prizes is permitted, except at the sole option of Sponsor for a prize of equal or greater value. Sponsor will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes. Total value of all prizes is $10,999.97 (U.S.). 1st Prize: $5,000 cash + Epson EpiqVision EF12 (MSRP $999.99); 2nd Prize: $2,000 cash + Epson EpiqVision EF12 (MSRP $999.99); 3rd Prize: $1,000 cash + Epson EpiqVision EF12 (MSRP $999.99). Winners will be notified by November 3, 2023 9:00pm PDT and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification and if applicable will be issued a W-9 tax form. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner will be selected from remaining valid, eligible Entries timely submitted.
IMPORTANT TAX INFORMATION: The fair market value of any prizes, and any other amounts paid by Epson under the terms of the Hackathon, may be considered miscellaneous income received from Epson and may be reportable to you and your government taxation entity(ies) for the year in which they are awarded or paid. You are responsible for any tax liability related to participating in the program. Please consult your own tax advisor if you have any questions about your personal tax situation.
Participating teams acknowledge that they will comply with instructions given by Operator and Sponsor, its legal representatives, or officials. House rules, safety instructions, and information concerning the liability will be made available to participants prior to the event. A Participant or team may be disqualified for any committed unlawful act. Reasons for disqualification may include but are not limited to, fraud, any other form of dishonesty, misappropriation or infringement of the intellectual property of others, misuse of Sponsor’s intellectual property, and/or any failure to comply with these EPSON INNOVATION CHALLENGE Terms and Conditions.
Operator and Sponsor, its legal representatives, or officials retain the right to cancel the Hackathon at any time and for any reason. Hackathon Entities will provide Participants notification of the cancellation by email upon cancellation. Hackathon Entities are not responsible for any losses realized by participants in the event of cancellation of the Hackathon.
9. Intellectual Property
Participating teams agree to share their ideas with all others at the EPSON INNOVATION CHALLENGE. Operator and Sponsor does not accept any responsibility to protect Participant’s ideas, works, and results disclosed or generated during the EPSON INNOVATION CHALLENGE. Each Participant team waives any claims that the Participant may have against Operator and Sponsor resulting from any similarities to the Entry of the Participant’s team.
EPSON Connect platform access granted to participants during or in connection with EPSON INNOVATION CHALLENGE is strictly for the purpose of participation. You may not access and use the Platform if you are, or if you represent a competitor of Sponsor. This subscription is not to be used for any other purpose including evaluation or competitive analysis.
Participants should not indulge in attempting unauthorized access to Sponsor network or confidential information. Participants should not indulge in infringement of any copyright, trademark, patent, or other proprietary rights of Sponsor. Sponsor does not permit to disclose to any entity, information of the platform. Participants must ensure that the Confidential Information remains strictly confidential and is not disclosed to or seen, used, or obtained by any person or entity.
Sponsor grants the User a limited, revocable, non-exclusive, and non-transferable right to use the Platform and the services, content, and functions provided through it for the duration of the event. Apart from the rights expressly granted above, the User is not entitled to any other rights. In particular use of the Platform for commercial purposes is excluded.
You acknowledge that the Sponsor and their affiliates, partner, and licensors, may have developed and/or commercialized, and may currently or in the future, develop and/or commercialize software, techniques, ideas, products or services that may be similar or identical to your Entry or other materials created or shared by you in connection with the Hackathon (including the Entry, “Shared Materials”) without using the Shared Materials as the basis, during or after the Hackathon, and you waive any claims resulting from any such similarities to your Entry. Sponsor and their affiliates, partner, and licensors are under no obligation to restrict works assignments of their respective representatives who have had access to your Entry and you understand that access to your Entry as part of the Hackathon does not create liability for such parties under these Terms and Conditions or intellectual property laws.
For the Hackathon, Intellectual Property rights in the Shared Materials, other than the Sponsor's materials, shall remain with the individual Participant who created them. However, if the Sponsor, its affiliates, partners and licensors, desire to develop, produce and/or commercialize software, techniques, ideas, products or services based on the Shared Materials, you shall grant a license (licenses) to use (including the right to sublicense) the Shared Materials or the Intellectual Property rights based thereon and shall not claim any infringement of Intellectual Property rights based on such use, however, the said licensed person (entity) and you shall engage in good faith prior consultation regarding reasonable terms and conditions of such license.
10.2 You shall not use or disclose at the Hackathon any information, work, invention, idea, know-how or concept that you wish to keep confidential. You acknowledge and agree that all Shared Materials are submitted on a non-confidential basis and the Hackathon Entities shall have no obligation to not disclose or otherwise treat as confidential such Shared Materials. However, you may discuss with the Sponsor or the Operator in advance your Shared Materials that you do not wish to be disclosed and promoted to the public by the Hackathon Entities via the Internet and social media.
10.3 By participating in the Hackathon you acknowledge and agree that the Hackathon Entities may receive many entries in connection with this and/or other competitions staged and/or promoted by one or more of them, and that such entries may be similar or identical in theme, idea, format, or other respects to your Entry. You waive any and all past, present or future claims against the Hackathon Entities relating to such similarities, or asserting that any compensation is due to you in connection with your Entry.
11. Limitation of Liability
IN NO EVENT SHALL THE HACKATHON ENTITIES, THEIR RESPECTIVE AFFILIATES, PARTNERS, LICENSORS AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE HACKATHON OR THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH ANY PARTICIPANT OR ANY OTHER THIRD PARTY, YOU RELEASE THE HACKATHON ENTITIES, THEIR RESPECTIVE AFFILIATES, PARTNERS, LICENSORS, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU AGREE THAT ANY CLAIMS AGAINST ANY HACKATHON ENTITY ARISING OUT OF THE HACKATHON OR THESE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
12. Release and Indemnification
By entering the Hackathon, you agree, on behalf of yourself and your heirs, executors and administrators, (a) to release and hold harmless the Hackathon Entities (and the associated affiliates, partners, licensors, and service providers), as well as their respective officers, directors, and employees (collectively, “Released Parties”) from any claims, liability, damage, litigation, illness, injury or death that may occur, directly or indirectly, whether caused by negligence or not, from your participation in the Hackathon, any Entry you submit, your acceptance, possession, use, or misuse of any funding for further development or demonstration, or any portion thereof (including any travel related thereto), your violation of any law, rule or regulation, and/or your violation of the rights of any third party; (b) to indemnify Released Parties from any and all liability resulting or arising from your participation in the Hackathon and acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any funding for further development or demonstration; and (c) to be bound by these Terms and Conditions and the Official Rules and to waive any right to claim any ambiguity or error therein or in the Hackathon itself, and to be bound by all decisions of the Hackathon Entities, which are binding and final. Failure to comply with these conditions may result in disqualification from the Hackathon at the sole discretion of the Hackathon Entities.
13. Not an Offer or Contract of Employment
Under no circumstances shall your participation in the Hackathon, any offer of subsequent funding for further development or demonstrations, or anything in these Terms and Conditions be construed as an offer or contract of employment with any of the Hackathon Entities. You acknowledge that you are participating in the Hackathon voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency, partnership, joint venture or other relationship or implied-in-fact contract now exists between you and any Hackathon Entity and that no such relationship is established by your participation in the Hackathon. The Hackathon Entities are under no obligation to use your Entry for any purposes, even if it has been selected as a winning Entry.
14. Additional Terms
The Hackathon is subject to applicable federal, state and local laws. The Hackathon Entities reserve the right to permanently disqualify from the Hackathon any person they believe have intentionally violated these Terms and Conditions. Any attempt to deliberately damage the Hackathon or the operation thereof is unlawful and subject to legal action by the Hackathon Entities, which may seek damages to the fullest extent permitted by law. The failure of Released Parties to comply with any provision of these Terms and Conditions due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Hackathon Entities (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Terms and Conditions. Released Parties assume no responsibility for any injury or damage to your or any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Hackathon. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Terms and Conditions; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. The Hackathon Entities reserve the right to cancel, modify, or suspend the Hackathon or any element thereof (including, without limitation, these Terms and Conditions) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Terms and Conditions). The Hackathon Entities may prohibit any person from participating in the Hackathon, if such person shows a disregard for these Terms and Conditions; acts with an intent to annoy, abuse, threaten, or harass any other entrant or any agents or representatives of the Hackathon Entities (or any associated affiliates, partners, licensors, or service providers for the Hackathon Entities); or behaves in any other disruptive manner (as determined by the Hackathon Entities in their sole discretion). The official language of the Hackathon is English, and your Entry and all related content must be in English or translated into English. These Terms and Conditions and the Official Rules constitute the entire agreement between the Hackathon Entities and you with respect to the Hackathon and supersedes all previous or contemporaneous oral or written agreements concerning the Hackathon.
15. Dispute Resolution
This Hackathon is governed by, and will be construed in accordance with, the laws of the State of California and the forum and venue for any dispute shall be in Orange County in the State of California. In no event shall any party be entitled to recover attorneys’ fees or other related costs of bringing a claim, or to rescind these Terms and Conditions or seek injunctive or any other equitable relief.
For information on the Hackathon including information on the outcome, contact Foundry 415 by email to firstname.lastname@example.org or by mailing your request to 44 Tehama St, San Francisco, CA 94105 within 60 days of November 3, 2023.
For media requests, contact Foundry 415 by email to email@example.com or by phone at 415-406-6778, media request will only be considered within 30 days of the dates of the Hackathon, October 26-November 3, 2023.