2022 Kickstart Curacao Innovathon – Terms and Conditions

 KICKSTART CURAÇAO GENERAL TERMS AND CONDITIONS

  1. Stichting Secretariaat Curaçao Informatica Stimuleringsplan (CITI)[1], a foundation incorporated under the laws of Curaçao and registered In the Commercial Register of the Curaçao Chamber of Commerce & Industry under number 110512, whose address is at Schottegatweg Oost 82-84, Curaçao, hereinafter referred to as the “CITI” and/or “Organiser”) is running an innovation Hackathon competition under the name “KICKSTART CURAÇAO” (hereinafter called the “Competition”) The aim of the Competition is to facilitate the rapid creation of innovative concrete actions and solutions for the social and economic development of Curaçao.
  2. The event begins Monday, November 21st, and ends Friday, November 25th, 2022. The Competition is open to team’s minimum of 3 people each of whom shall be at least 15 years old on the date of registration to the Competition as well as to all validly formed/incorporated legal entities that have not declared or been declared in bankruptcy (faillissement) or under moratorium (surseance van betaling). It is explicitly stated that physical persons cannot participate in the Competition individually. Participants, either as a team or as a legal entity, may only submit one entry. It is explicitly stated that throughout these terms, with the exception of term 9, the term “participants”, refers to teams of individuals and also to individuals that form such teams, to legal entities and also to the individuals designated by the legal entity to take part in the Competition on their behalf. When registering each participant shall appoint a team representative, who will be the contact person for the Organiser. All notifications from the Organiser to the participant will be directed to such team representative.
  3. To register to be a participant in the Competition go to www.citi.cw in order to fill out a registration form and indicate you and team members agree to these Terms and Conditions. Participants can register for the Competition as a team or as an individual. Registration closes on November 17th at 17.00. Participants that participate as a team agree that one team member will represent the team and will register the team, including all the team members. Details of how to register can be found on the Website. It is explicitly stated that the Organiser may terminate the registration procedure at any time, in case, among others, they receive an excessive number of applications for registration. Employees of the Organiser are not eligible to take part.
  4. The Organiser reserves the right to require participants to prove that they are eligible. The participants and his representatives are obligated to give the Organiser any cooperation and provide any information to establish and verify inter alia their identity, date of birth, civil status, legal capacity, power to act, marital property regime or partnership property regime, legal form, place of residence and/or place of domicile (according to Articles of Incorporation), – in as far as applicable – their registration number in the Trade Register and/or other registers, and their CRIB number. The Organiser may make copies of documents showing this information and register and retain the information. If the participant is a legal entity or a partnership, the participant and its representatives are also obligated, upon the Organiser’s first request, to provide insight in the ownership and control structure of the legal entity or partnership. If any of the winners is found to be ineligible, the Organiser reserve the right to award the prize to another participant and to require the return of any prize already awarded.
  5. If the participants participate as a team they agree that, in order for a team to be eligible to participate, all team members must be eligible. In addition, they agree that if the team is selected to receive prizes, the team is responsible for ensuring that the prizes will be appropriately distributed to each member of the team. The eligibility of a participant is tied to the eligibility of the team. If one member of a team is disqualified or found to be ineligible, the team as a whole may be disqualified, in the Organiser’s sole discretion If the participants participate as an entity, they agree that they shall designate the individuals who will act and take part on their behalf in the Competition and who will have the right to represent the entity for the purposes of the Competition throughout the Competition. In order for an entity to be eligible to participate all the individuals designated by it must also be eligible. If one of the aforementioned individuals is disqualified or found to be ineligible, the entity as a whole may be disqualified, in the Organiser’s sole discretion.
  6. The Organiser will or may use the website at the following URL address www.citi.cw (the “Website“) for sharing information relating to the Competition.
  7. The Organiser will appoint a Jury consisted of minimum three (3) Members. The members of the Jury shall have relevant expertise and are selected by the Organiser at their sole discretion. The Jury will evaluate and award points to the participants according to the criteria mentioned below (see number 13). The final score will be determined by the average points of the criteria under No 13 rounded up to two decimals in a scale from 1 to 10. The Organiser reserves the right to refuse entry or remove and disqualify a participant from the Competition at their sole discretion at any time for any reason.
  8. Each Participant must bring or obtain whatever hardware and/or software they believe they need to participate (e.g. laptops, phones, etc.), including any necessary chargers.  As this is a virtual event, participants can opt to join as a team from one physical location or as a virtual team with its members in their respective locations. CITI has limited space available to house groups, taking into account the rules for social distancing. CITI will inform Participants if CITI has or obtains any equipment or devices that can be loaned to Participants for use during the event, or if CITI is aware of any specific data or other materials being made available for Participants to use during the event.  Please be advised that any such data and materials could be made available solely via the Internet or other electronic means, and Participants would be responsible for having any necessary devices or Internet access if they want to access those data or materials.  If the data and materials are made available through a third-party website, Participants are responsible for reviewing any applicable terms for using such website and deciding if they are acceptable to Participant.
  9. All costs, including without limitation all transport costs, accommodation and other related costs incurred by the participants (the term participants for the purposes solely of the present term refers to individuals taking part in the Competition as part of a team or on behalf of a legal entity) as a result of and/or pursuant to their participation in the Competition shall be solely borne by the participants. The Organiser shall not be under any obligation to reimburse the participants for any such costs and expenses incurred thereof. In the event that any of the Partners or/and Supporters or/and Enablers of the present Competition decide at their sole discretion to reimburse any or part of the aforementioned costs for some or all of the participants, these Partners or/and Supporters or/and Enablers shall be solely responsible for the reimbursement of such costs according to the specific terms and conditions that they themselves will define.
  10. All intellectual property rights in the applications of a participant shall remain vested in the participant who owns them. Any third-party intellectual property rights shall remain vested in the third party or third parties who own them. The Participants acknowledge that many ideas shall be developed during this Competition and that such ideas may be similar or identical in theme, idea, format or other respects to others developed in this Competition. The participants acknowledge and agree that the Organiser does not have now, nor shall they have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or other intellectual property right in or to the participants’ ideas.
  11. The participants represent and warrant that (i) the idea is their original, work and is developed by them (ii) the idea has not yet been implemented (ii) the idea does not violate or infringe the intellectual property, proprietary or other rights of any third party, (iii) third party intellectual property rights are clearly identified by the participants as well as the applicable terms of license and other details relating to use of same (iv) they possess and control all rights necessary to submit the idea irrevocably and without restriction to the Organiser, and (v) that publication of the idea via various media including web posting and social media, will not infringe on the rights of any third party.
  12. The Jury will select One (1) overall winner. Winner will be a team of eligible participants (entities or teams) that receive the highest scores for their ideas, respectively, as determined by the Jury. Evaluation of the applications will be based on a, previous to the event made, set of criteria. Final score is determined by the average of criteria rounded up to two (2) decimals. In the event of a tie, the applications involved in the tie will be reviewed by an additional judge selected by the Organiser in its sole discretion who will serve as a tiebreaker and who will evaluate applications according to the criteria listed above.The jury will make the evaluation based on:
  • A 3-minute presentation by the team on November 25th, 2022 during the allotted time slot;
  • A completed Innovathon Canvas (this form will be distributed to the participants during the event);
  • A visualization of the idea.
  1. Other rules and terms for the Competition:

A. All hacks must be created, Innovathon Canvasses and visualizations prepared, any code written, and presentations prepared by eligible Participants during the designated times during the event.

B.)There are not otherwise any specific limitations on the resources or tools that participants can use (e.g., Public and Common SDK’s and libraries are allowed), provided the participants have the legal right to use them for this purpose.

C.)Teams may not interfere with the progress of other Teams.

D.)Participants may not: use, or incorporate into the hacks any inappropriate or unlawful content; take any action in violation of applicable laws or regulations; provide information or materials about another person without appropriate authority or permission; interfere with, remove or modify any terms and conditions, content or other materials posted on the Site; attempt to collect or solicit information about other Participants or third parties without their consent; or send unsolicited mail, advertisements, or other similar promotional material using the Website.

E.)Participants understand and agree that photos, videos and/or other recordings may be taken during the Competition. Participants hereby grant CITI the perpetual, irrevocable, sublicensable, transferable right to copy, use, display and publish the photos, any videotaped, photographed, and/or recorded materials in which you appear in any online, electronic and/or print format (including but not limited any social media sites or platforms) for any educational and/or promotional purposes of CITI and/or its Competition vendors, contractors, content partners and/or sponsors.

F.) All information provided to register for the Competition must be true and correct. You are responsible for keeping such information up-to-date.

G.)Participants understand that information about them may be provided to other team members.

H.)CITI may use certain third-party service providers (“Third Party Providers”) to support portions of the Competition (including but not limited to registration services). Such Third Party Providers may include, but are not necessarily limited to, mentors, facilitators, sponsors and jury members. By registering for the Competition through a Third Party Provider, you agree that you are responsible for reviewing the applicable terms and privacy policies of those Third Party Providers and that CITI is not responsible for your interactions with those Third Party Providers.

I.)At any time, at the sole and absolute discretion of CITI, CITI shall be entitled to disqualify a Participant and/or team member in the event of a failure to meet    relevant eligibility criteria or any other violation or suspected violation of these Terms and Conditions.

J.)CITI will determine participation eligibility, declare winners (including but not limited to in the event of a tie), and award or withhold prizes in its sole and absolute discretion. Participants agree that such decisions are final and are not subject to review or reconsideration.

K.)In the eventuality of any cash prizes awarded to a participant, such a prize will be invested towards the realization of the product, service or government action through CITI.

L.)Prizes awarded are to the team representative of the participant and are non-transferable, and any non-cash prizes are not exchangeable for cash. Prizes are subject to any and all additional limitations or restrictions specified on the prize. The ability to offer and provide, and for any participant to receive, any prize(s) are subject to applicable laws and regulations and to availability (including but not limited to any/all individual or entity donors or prospective donors having provided the relevant prizes and/or prize funding to CITI as anticipated). To the extent permitted under applicable laws and regulations, CITI may, in its discretion, arrange for certain prizes to be provided to winners directly by third party prize donors rather than by CITI.

M.)CITI reserves the right to verify the identity and eligibility of all participants and team members at any time. Without limiting the general nature of the prior sentence, prior to (and as a condition of) awarding any prizes, CITI in its sole and absolute discretion may require additional paperwork to be executed by the relevant team representative following the end of the Competition.  Such paperwork is expected to include, among other things, an affidavit and release and will request any necessary information needed for tax reporting purposes. WITHOUT LIMITING THE GENERAL NATURE OF THE PRIOR SENTENCE, AWARDS OF PRIZES TO WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO CITI ALL DOCUMENTATION REQUESTED BY IT TO PERMIT IT TO COMPLY WITH ALL APPLICABLE TAX REPORTING.  ALL PRIZES WILL BE NET OF ANY TAXES REQUIRED BY LAW TO BE WITHHELD. THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF WINNERS. CITI reserves the right to declare any winners until after CITI has received and verified the signed paperwork from the prospective winners.  If the prospective winners do not complete, sign and return the required paperwork within seven (7) days of request (unless CITI in its discretion agrees to a longer time) or comply with such laws, CITI may, in its sole discretion, declare that your prizes have been forfeited and/or select an alternate potential winner.

N.)Participants may not participate in the Competition for any unlawful purpose or engage in any conduct which restricts others from participating in the Competition. You must comply with any and all applicable rules and restrictions of physical site at which the Competition is held. CITI reserves the right to expel any individual from the premises or to remove the individual from the Competition if the individual is not authorized to participate or be present at the Competition, is violating any rules or restrictions of the premises where the Competition is being held, is violating these Terms and Conditions, and/or is otherwise disruptive or engaging in activities detrimental to the conduct of the Competition, all as determined by CITI in its sole discretion.

O.)The Competition is made available on an AS-IS, WHERE IS, and any and all implied warranties or duties are hereby disclaimed. CITI can discontinue the Competition, or suspend or postpone the Competition, at any time in its sole discretion.

P.)To the maximum extent permitted under applicable law, CITI, its directors, officers, employees, agents, representatives, vendors, contractors, content partners and sponsors (collectively, “Indemnitees”) shall not be liable for any damages, losses or claims resulting from any person’s participation (or attempted participation) in the Competition. To the maximum extent permitted under applicable law, Indemnitees are not responsible for technical problems or technical malfunction or other occurrences which may affect the Competition, including but not limited to: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; failure of any e-mail or website transmissions to be sent to or received; inaccessibility of any third party service being used in connection with the Competition (including but not limited to any third party websites or Internet service providers); traffic congestions on the Internet; and/or inaccessibility or unavailability of an email account, app or other item used or desired to be used in connection with the Competition).  To the maximum extent permitted under applicable law, all Participants and any other individuals attempting to participate in the Competition hereby release the Indemnitees from any and all claims, damages or liabilities arising from or relating to their participation or attempted participation in the Competition.

Q.)To the maximum extent permitted under applicable law, you agree to indemnify and hold harmless Indemnitees from and against any and all claims, suits, actions, losses, expenses, damages, penalties, and costs, including reasonable attorneys’ fees resulting from any actual or alleged violation of these Terms and Conditions by you and/or your participation in the Competition.

R.)If any portion of this these Terms and Conditions is determined by any court or governmental agency of competent jurisdiction to violate applicable law or otherwise not to conform to requirements of law, then the rest of these Terms and Conditions will remain in effect and the parties will substitute a suitable and equitable provision for the invalid/unenforceable provision in order to carry out the original intent and purpose of the original Terms and Conditions.

S.)Participants may not assign, delegate or transfer your registration for the Competition and/or any of your rights or obligations under these Terms and Conditions. Any attempted assignment, delegation or transfer shall be void.

T.)These Terms and Conditions (which, for clarification, includes the Privacy Statement and all other terms incorporated by reference into these Terms and Conditions), together with any Competition registration represent your entire agreement with CITI with respect to the Competition. These terms cannot be modified or changed except with the written agreement of CITI.

  1. In case any prizes are rewarded, they will be announced at the Website. The winners are personally responsible for any personal or incidental expenses incurred in claiming or using the prizes. If prizes are rewarded, they will be as stated. There will be no other alternative to the prize in whole or in part. The winners of the Competition will be announced during the event on November 25th, 2022.
  2. The participants shall be responsible for ensuring that the contact details associated with their entries are up to date and accurate, so they can be contacted during the preparation for the Competition.
  3. The Organiser has no obligation to use, invest in or buy the ideas developed in this Competition or otherwise contract with the participants, but will in principle do so with the ideas of the winners. In case such ideas are used by the Organiser, the participant acknowledges and agrees that CITI cannot guarantee that Participant’s idea will succeed. CITI makes no representation as to the commercial utility of its recommendations or that the use of such recommendations will not infringe on any intellectual property rights of others. Participant shall be solely responsible for making all decisions and taking actions related to the idea, including compliance with all applicable laws and regulations, and Participant hereby waives and covenants not to sue CITI or its employees, agents, contractors, or other representatives for any claim related to such matters.
  4. Except for any liability that cannot be excluded by law, the Organizer, (its subsidiary and related companies, together with their officers, directors, employees, agents and representatives exclude all liability (including negligence) for any personal injury or any loss or any damage (including loss of opportunity-profit) whether direct, indirect, special or consequential, arising in any way out of or in connection with the Competition, including, but not limited to:
  • any technical difficulties, technical error or equipment malfunction, hardware or software failures, lost, faulty or unavailable network connections (whether or not under the Organiser’s control);
  • any error, omission, interruption, deletion, delay, defect, theft, unauthorised access or third-party interference;
  • any entry, prize, claim or other correspondence that is late, lost, altered, damaged, incomplete, illegible or misdirected (whether or not after their receipt by the Organiser due to any reason beyond the reasonable control of the Organiser;
  • any variation in prize value to that stated in these Terms and Conditions;
  • any tax liability (other than the one stated in term 14) incurred by a winner or participant; or
  • use of a prize.
  1. The Organiser and/ or any third-parties acting on their behalf (data processors) process participants’/ winners’ data as described in the Privacy Statement document that is referred to in the application form.
  2. By registering for and participating in the Competition the participants:
  • agree to abide by these Terms and Conditions. Promotional material relating to the Competition, including all information on how to enter the Competition, also forms part of these Terms and Conditions. In the event of any conflict between any terms referred to in such promotional materials and these Terms and Conditions, these Terms and Conditions take precedence;
  • agree that the applicability of the general terms and conditions of the participants is hereby explicitly rejected. If different general terms and conditions are applicable or have been declared applicable by or on behalf of participants, they shall not apply in the legal relationship with the Organiser, unless the Organiser has agreed to same in writing;
  • agree to release and hold the Organiser, their subsidiary and related companies, together with their respective employees, officers, directors, agents and representatives, and all third parties associated with the Competition (Including but not limited to Partners, Supporters, Media Partners, Enablers )harmless from any and all losses, damages, rights, claims and actions of any kind in connection with participating in the Competition, with the developed applications or resulting from the acceptance or use of any of the prizes;
  • agree that the decisions of the Jury selected by the Organiser are final and binding in relation to the selection of the winners as well as any prizes that may be awarded;
  • agree not to use or promote offensive, obscene, libelous, defamatory, unlawfully threatening, or unlawfully harassing or (any) other illegal material in their entries and ideas;
  • agree that their participation in the Competition will not breach any duty of confidentiality or contractual rights owed to any third party and that with their participation they do not violate any law, contract, or regulation;
  • agree that, in the event that they have already registered for the Competition before the implementation of these terms and conditions, they agree with the terms and conditions unless they withdraw from the Competition upon receipt of these terms and conditions. In any event that the participants start to compete in the Competition they accept the applicability of these terms and conditions.
  1. The Organiser reserve the right to suspend, change or cancel the Competition at any time as they may determine in their sole discretion and do not accept any responsibility for any damage, loss or expense arising thereof.
  2. The Organiser reserve the right in their sole discretion to amend these Terms and Conditions at any time by posting an updated version on the Website citi.cw.
  3. These terms and conditions shall be governed by the laws of Curaçao. The courts of Curaçao shall have exclusive jurisdiction to hear any dispute or claim arising in association with the Competition or these Terms and Conditions.

[1] Curaçao Innovation & Technology Institute (CITI) is a registered Trademark of Stimul-IT: Stichting Secretariaat Curaçao Informatica Stimuleringsplan.