FMNA 2016 HACKATHON : OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY.

This is a skill-based Hackathon.

The object of FMNA 2016 Hackathon (“Hackathon”) is to create a Wordpress website for FremantleMedia North America, Inc. (“FMNA”) and/or a Wordpress plug-in to be used in an FMNA website.

This Hackathon is hosted in the United States, and entry information is collected, transferred to, and stored on computers in the United States. By entering the Hackathon and agreeing to these FMNA 2016 Hackathon Official Rules, the individual (or team) entering the Hackathon expressly agrees to such transfer. This Hackathon will be governed by the laws of the State of California, and Maker (as defined below) consents to the exclusive jurisdiction and venue of the courts of the State of California for any disputes arising out of this Hackathon.

If Maker does not agree with this provision and these Official Rules, please do not enter this Hackathon. By entering into this Hackathon, Maker expressly consents to these Official Rules.

1. THE HACKATHON SPONSOR

FremantleMedia North America, Inc., 2900 W. Alameda Ave, Burbank, CA 91505.

FMNA is the sponsor and entity responsible for the Hackathon.

1. DATES AND TIMING

Submission Period: April 23, 2016 (9:00am Pacific Time) – April 24, 2016 (4:00pm Pacific Time)

Judging Period: April 24, 2016 (4:00pm Pacific Time)

Winners Announced: April 24, 2016 (5:30pm Pacific Time)

During the Submission Period, Maker will create, produce, code, test and deliver the Submission as directed by FMNA. The objective of the Hackathon is for Maker to create a working Wordpress website and, optionally, a Wordpress plug-in using the Wordpress platform (“Submission”).

1. ELIGIBILITY

The Hackathon IS open to:

• Individuals who are at least 18 years of age as of the time of entry;
• Individuals who are a legal U.S. citizen or a permanent U.S. resident, and able to present on request a valid form of government issued photo ID, such as passport, driver’s license, or other identification; and
• Individuals who are not under an exclusive or limited contract, agreement and/or other similar arrangement prohibiting participation in an activity such as the Hackathon.

Individuals may also form a team of up to three (3) people per team.

Current FMNA employees may participate in the Hackathon.

(Individuals and teams collectively, “Maker”)

The Hackathon IS NOT open to:

• Any individual who is under exclusive contract with an organization or entity that would prohibit Maker from licensing results and services of the Hackathon to FMNA;
• Any Maker employed by or who acts as a vendor, agent, and/or other similar function for a direct competitor of FMNA (including, without limitation, content production companies mainly focused on television and digital platforms, including the following entities: Core, Endemol, Mark Burnett / MGM, Talpa, BunimMurray, All3Media, ITV Studios, Sony Pictures TV, Vin Di Bona Productions, A.Smith & Co, Zodiak-Banijay, Lionsgate and Dick Clark Productions, Inc., BBC Worldwide, Fullscreen, Legendary Television and/or Legendary Digital, other similarly situated entities);
• Any other individual or organization whose participation in the Hackathon would create, in the sole discretion of FMNA, a real or apparent conflict of interest

1. SUBMISSION REQUIREMENTS

Makers must do the following to participate in the Hackathon:

• Register for the Hackathon on the Eventbrite event page created for the Hackathon.
• Attend the Hackathon during the Submission Phase.
• Create the Submission in accordance with FMNA’s instructions and directions during the Submission Phase.

1. SUBMISSION RIGHTS

1. Maker Rights:Subject to the licenses described below, any applicable intellectual property rights to a Submission will remain with the Maker.

1. FMNA Rights: By entering the Hackathon, Maker grants to FMNA and any other third parties acting on FMNA’s behalf, a royalty-free, non-exclusive, sublicensable, worldwide, irrevocable, perpetual license to the Submission to display publicly, reproduce, modify, create derivative works, and use for promotional purposes. This license includes, but is not limited to, posting or linking to the Submission on FMNA’s and partners’ websites and applications, including the Hackathon website (“Hackathon Website”), and display and promotion of the Submission in any other media, worldwide. Other than a Prize (if awarded to a Submission), no additional consideration (including, without limitation, royalties, use payments, license fees, residuals, etc.) shall be due in connection with FMNA’s use of the Submission.

1. Submission Display: Submission materials may be viewed by FMNA and Judges for screening and evaluation.

Makers represent and warrant that FMNA and Hackathon partners are free to use Makers’ Submission in the manner described above without obtaining permission or license from any third party and without any compensation to Makers.

1. JUDGING
2. Judges:Eligible Submissions will be evaluated by a panel of judges selected by FMNA (the “Judges”). Judges may be employees of FMNA or external, may or may not be listed individually on the Hackathon Website, and may change before or during the Judging Period, all at FMNA’s sole discretion.

1. CRITERIA: THE JUDGES WILL SCORE ELIGIBLE SUBMISSIONS USING THE FOLLOWING CRITERIA (THE “JUDGING CRITERIA”):

• Originality (Includes creativity and uniqueness of the idea);
• User Experience (Includes the website/plug-in’s usability and user design);
• Technical Execution (Includes the extent to which the website/plug-in works as intended); and
• Adherence to Submission requirements provided by FMNA as part of the Hackathon.

The Maker(s) that are eligible for a Prize, and whose Submissions earn the highest overall scores based on the applicable Judging Criteria, will become potential winners of that Prize.

1. Tie Breaker:For each Prize listed in Section 7 below, if two or more Submissions are tied, the tied Submission with the highest score in the Originality (Criterion (i)) criterion will be considered the higher scoring Submission. In the event any ties remain, this process will be repeated, as needed, by comparing the tied Submissions’ scores on the next applicable criterion. If two or more Submissions are tied on all applicable criteria, the panel of Judges will vote on the tied Submissions.

1. PRIZES

FMNA will only award one (1) prize package per person/team.

1. VERIFICATION OF POTENTIAL WINNERS

Required Forms: In order to receive a Prize, the potential winner (including all participating team members in the case of a team or Organization) will be required to sign and return to FMNA an affidavit(s) of eligibility (or a similar verification document), a liability/publicity release(s), any applicable tax forms, and any applicable grant of rights documents which may be required in FMNA’s sole discretion (collectively, “Required Forms”).

Deadline for Returning Required Forms: ten (10) business days after the Required Forms are sent.

Disqualification: FMNA and/or Administrator may deem a potential winner (or participating team members) ineligible to win if:

• the potential winner’s representative (“Representative”) or any participating member does not respond to multiple emails or fails to sign and return the Required Forms by the deadline listed above, or responds and rejects the Prize;
• the Prize or Prize notification is returned as undeliverable; or
• the Submission or the potential winner, or any member of a potential winner’s team or Organization, is disqualified for any other reason.

In the event of a disqualification, FMNA may award the applicable Prize to an alternate potential winner.

1. PRIZE DISTRIBUTION
2. Substitutions & Changes: FMNA has the right to make a Prize substitution of equivalent or greater value. FMNA will not award a Prize if there are no eligible Submissions entered in the Hackathon, or if there are no eligible Makers or Submissions for a specific Prize.

1. Prize Delivery: A monetary Prize will be mailed to the winning Maker’s address (if an individual) or the Representative’s address, if a team, after receipt of the Required Forms. Prizes will be payable to the Maker, if an individual, or to the Maker’s Representative, if a team. It will be the responsibility of the winning Maker’s Representative to allocate the Prize among their team’s participating members, as the Representative deems appropriate.

1. Prize Delivery Timeframe: For cash prizes, Prize will be delivered within 45 days of FMNA’s receipt of the Required Forms.

For 1st Prize (contract), said contract will commence within a reasonable time frame of Makers’ timely delivery of all required paperwork and FMNA’s verification of said documentation.

1. Taxes: Winners (and in the case of team, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9 and residents of other countries are required to provide a completed W-8BEN form. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant government departments/agencies, if necessary. FMNA and/or any Prize provider reserve the right to withhold a portion of the prize amount to comply with the tax laws of the United States or other FMNA jurisdiction, or those of a winner’s jurisdiction.

1. ENTRY CONDITIONS AND RELEASE
2. By entering the Hackathon, Maker (and, if a team, each participating members) agree(s) to the following:

• The relationship between Maker and FMNA is not a confidential, fiduciary, or other special relationship.
• Maker will be bound by and comply with these Official Rules and the decisions of FMNA and/or the Hackathon Judges which are binding and final in all matters relating to the Hackathon.
• Maker releases, indemnifies, defends and holds harmless FMNA, and its respective parent, subsidiary, and affiliated companies, any 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”) 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 activity related thereto) and/or the communication to the public, exploitation or use of the Submission as authorized or licensed by these Official Rules.

As between Maker and FMNA, Maker shall be solely responsible for obtaining and paying for any and all licenses and releases for third party technology and other intellectual property (including creative assets, such as fonts, artwork, graphics, templates, etc.) to be used in the creation of the Submission (collectively "Third Party IP"). Third Party IP shall include all software, databases, computer programs, hardware, audio/visual equipment, tools, general utility programs, technologies, libraries, discoveries, inventions, techniques, writings, know-how, designs, or other information owned by third parties, licensed to the Maker, and included in the Submission. All Third Party IP obtained by Maker shall be freely assignable, unencumbered, valid in perpetuity throughout the universe and shall in no way restrict or impede FMNA's ability to exercise its rights (including its copyright) in and to the Submission in any and all media now known or hereafter devised.

Maker hereby represents and warrants that, in addition to other representations and warranties set forth within these rules and/or any other required paperwork, the Submissions shall not and do not include any open source software or technology licensed under a public license. In the event Maker is required to include open source or public license technology or software in order to facilitate delivery of the Submission, it shall first disclose the inclusion of such software to FMNA in writing and obtain FMNA’s prior written consent to include such software in the Submission. In the event FMNA approves the inclusion of such open source software in the Submission, Maker shall use best efforts to ensure that that inclusion of the open code software in the Submission shall not adversely impact FMNA’s intellectual property rights in and to the Submission as set forth within these Official Rules.

Maker further represents and warrants that the Submission (other than with respect to any materials provided by FMNA) does not contain any content or materials which are obscene, threatening, malicious, which infringe on or violate any applicable law or regulation or any proprietary, contract, moral, privacy or other third party right, or which otherwise expose FMNA to civil or criminal liability.

1. Without limiting the foregoing, the Released Parties shall have no liability in connection with:

• Any incorrect or inaccurate information, whether caused by FMNA electronic or printing error, or by any of the equipment or programming associated with or utilized in the Hackathon;
• 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;
• Unauthorized human intervention in any part of the entry process or the Hackathon;
• Technical or human error which may occur in the administration of the Hackathon or the processing of Submissions; or
• 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.

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 FMNA.

1. PUBLICITY

By participating in the Hackathon, Maker consents to the disclosure and use of personal information about Maker, by FMNA and third parties acting on their behalf. Such personal information includes, but is not limited to, Maker’s name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes.

The duration of Maker’s consent is for a period of three years following the conclusion of the Hackathon. This consent applies, as applicable, to all members of a particular team that participated in the winning Submission.

1. GENERAL CONDITIONS
2. FMNA reserves 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.
3. FMNA reserves 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.
4. Any attempt by any person to undermine the proper conduct of the Hackathon may be a violation of criminal and civil law. Should FMNA suspect that such an attempt has been made or is threatened, FMNA reserves 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.
5. 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.
6. The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the Maker and FMNA. FMNA 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.
7. 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.  
8. FMNA’s failure to enforce any term or provision 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 FMNA’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
9. 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 FMNA and/or the Hackathon partners. 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 FMNA’s intellectual property shall be solely to the extent provided for in these Official Rules.

Maker understands that although Maker may believe Maker’s Submission to be unique and novel, there may be pre-existing ideas, concepts, or proposals that are similar to Maker’s Submission. By submitting a Submission, Maker recognizes that other persons, including FMNA’s own employees, may have submitted to FMNA or others, or made public, or may in the future originate and submit or make public, similar or identical ideas, concepts, or proposals that FMNA may have the right to use, and Maker understand that Maker will not be entitled to any compensation because of FMNA’s use of such similar or identical ideas, concepts, or proposals in any manner. Maker understands and agrees that FMNA’s use of material containing features or elements similar or identical to those contained in Maker’s Submission will not obligate FMNA to negotiate with Maker or entitle Maker to any compensation if FMNA determines that it has an independent legal right to use that other material for any reason (for example, because the features or elements are not new or novel, were not originated by Maker, or were or may hereafter be independently created and submitted by other persons, including FMNA employees).

1. LIMITATIONS OF LIABILITY

By entering, all Makers (including, in the case of a team, all participating members) agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes or Maker’s participation in the Hackathon. 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.

1. DISPUTES

MAKERS AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW:

• 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;
• 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 California or the appropriate California State Court in Los Angeles, California and Makers consent to the exclusive jurisdiction and venue of such courts; and  
• Under no circumstances will Makers be entitled to, and Makers hereby waive all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased.

Makers agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Hackathon or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California, located in Los Angeles, CA; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Hackathon but in no event attorneys’ fees; and (c) under no circumstances will Maker be permitted to claim and/or obtain awards for, and Maker hereby expressly waives all rights to punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, 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 MAKER. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Maker's rights and obligations, or the rights and obligations of the sponsor in connection with the Hackathon, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.

What Other Terms is the Maker agreeing to under these Hackathon Official Rules?

By entering this Hackathon, Maker agrees:

• To abide by these Official Rules; and
• To release and hold harmless FMNA and its respective parents, subsidiaries, affiliates, employees and agents from any and all liability or any injury, loss or damage of any kind arising from or in connection with this Hackathon, or any prize won; and
• That FMNA's decisions will be final and binding on all matters related to this Hackathon; and
• That, by accepting a prize, FMNA may make use of Maker’s proper name, image and state of residence online and in print, or in any other media, in connection with this Hackathon, without payment or compensation to Maker, except where prohibited by law.

1. ADDITIONAL TERMS THAT ARE PART OF THE OFFICIAL RULES

Please review the FMNA website terms of service (“Terms of Service”).

The above shall apply to Maker’s participation in the Hackathon and more generally Maker’s use of FMNA’s website(s). Such Terms of Service are incorporated by reference into these Official Rules. If there is a conflict between the Terms of Service and these Official Rules, the latter terms shall control with respect to this Hackathon only. The Terms and Conditions of Use can be viewed at the following link: http://bit.ly/1qbBWfl

Participation in the Hackathon constitutes Maker’s full and unconditional agreement to these Official Rules. By entering, a Maker agrees that all decisions related to the Hackathon that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of FMNA.

FMNA collects personal information from Maker when Maker enters the Hackathon. The information collected is subject to the privacy policy, which can be viewed at the following link: http://bit.ly/1UyBdBj

1. CONTACT

If Maker has any questions or comments, or wishes to send us any notice regarding this Hackathon, please email us at hackathon@fremantlemedia.com.