Sponsored by Nestlé Skin Health, Inc. (“Sponsor”).

THE HACKATHON IS VOID WHERE PROHIBITED BY LAW. BY PARTICIPATING, YOU AGREE TO THESE TERMS AND CONDITIONS.

NO ENTRY FEE. The Hackathon begins at 3:00 PM EST on March 10, 2017 and ends at 7:00 PM EST on March 11, 2017.

Eligibility:

The Hackathon is open to (i) individuals at least 18 years old who are legal residents of the United States and (ii) who are invited by Sponsor to participate in the Hackathon that have not declared or been declared in bankruptcy. Participation in the Hackathon constitutes Participant’s full and unconditional agreement to and acceptance of these Terms and Conditions (“Terms”). The term “you” refers to you, the “Participant.”

Your Participation:

You can participate either as part of a team of five (5) people or on an individual basis. Switching teams is not allowed. Sponsor is not responsible for, and will not assist in resolving, any disputes between team members. To participate, you must attend at the offices of Nestlé Skin Health SHIELD at 430 East 29th Street, 11th Floor, New York, New York on March 10, 2017. You must make your own travel and accommodation arrangements and cover all associated costs and expenses. You are responsible for abiding by your employer’s policies regarding participation in the Hackathon.  Sponsor disclaims any and all liability or responsibility for disputes arising between you and your employer related to this Hackathon.  You are responsible for all taxes and reporting related to any Prize or Award that you may receive as part of the Hackathon.  You may be subject to a background screening as needed to assure Sponsor’s legal compliance.

Description of challenges & “Entry”:

A team may only submit one Entry. Individual Participants may only submit one Entry. Incomplete Entries may be disqualified.  No Purchase or payment is required to enter.  A purchase or payment of any kind will not increase your chances of winning.  Each Entry (as defined below) will be reviewed independently.  Multiple Entries are not permitted.  Multiple individuals may collaborate to submit a single Entry.  Each Participant must supply his/her own laptop to participate.

Description of Entry:

Teams will create a Solution to one Challenge which is selected by the team
Solutions may be hardware or software; High tech or low tech.
Teams will give a 5 minute pitch using a Powerpoint slide template provided by Sponsor

Scoring of Entries:

A panel of 5 people with relevant expertise will be responsible for judging Entries. The Entries will be judged according to the following criteria:

Impactful (20%)
Importance of the problem tackled
Extent of the impact the solution can have
Realistic (10%)
Demonstration of a working prototype
Clear path to a complete solution
Elaborate design of solution
Quality (20%)
Quality of the design
Usability for target users
Realistic: Fits user reality
Fit the ecosystem of infrastructure
Sophisticated: more than a nice me too
Innovative (20%)
New technologies, new ways of thinking in the field, new concepts
Eureka factor
Goes beyond other tried approaches
Distinctive characteristics that make it stand apart
Elegance of the solution
Promising (20%)
Really has potential!
Can be adopted naturally and rapidly
Quality of the team
Level of insights the team has into how this solution could be deployed
If possible: could become a real business
Presentation (10%)
Clear, succinct
Inspiring
Visual (UI, Design, etc.)
Clearly makes the audience understand the extent and importance of the problem

The decisions of the judges will be final. Judging will start at approximately 6:00 PM EST on March 11, 2017 and continue until 7:00 PM EST on March 11, 2017. Each Participant or team must be available during the judging period to demonstrate the Participant’s or team’s Entry. Participants whose Entries are awarded the top three scores by the judges may also be asked to demonstrate their Entry to all of the Participants and the judges. The judging period may be extended by Sponsor for any length of time, in Sponsor’s discretion. If a judge or Participant identifies to Sponsor a conflict of interest, that judge will be recused from judging the Entry with the conflict and an alternate judge will be identified as a substitution for the judge with the conflict.  Each Entry must be original, of the Participant’s or Participant’s teams own creation and conceived of during the Hackathon and must not have been entered in any other competition or program similar to the Hackathon, including other competitions conducted by Sponsor. Entries may be subject to a due diligence review at any time for eligibility and compliance with these Terms. Determination of eligibility and compliance is at the sole discretion of Sponsor. Sponsor reserve the right to disqualify any Entry if the Entry or a Participant or a Participant’s team does not comply with these Terms.

Ownership of Entries:

By submitting an Entry and participating in this Competition, you are not granting Sponsors any rights to any Intellectual Property related to your Entry and Sponsors make no claim to ownership of your Entry or any intellectual property that it may contain. Participant represents and warrants that the Entry does not violate any agreement or obligation to any invention assignment, proprietary information, confidentiality, non-solicitation, noncompetition or similar agreement with any employer or other person. Participant represents and warrants that the Entry is and will be Participant’s own original work and does not and will not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights or trademarks. Participant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against the Sponsor, or any other person, on the grounds that any use of a Participant’s Entry, infringes any of Participant’s rights as creator of the Entry, including, without limitation, trademark rights, copyrights and moral rights or “droit moral.” Nothing herein shall constitute an employment, joint venture, or partnership relationship between Participant and Sponsor. Participants will not receive any compensation from Sponsor in connection with any Entries. Each Participant acknowledges and agrees that Sponsor or other Participants or third parties may have developed or commissioned works which are similar to the Entry of Participant or Participant’s team, or may develop something similar in the future, and each Participant waives any claims that Participant may have resulting from any similarities to the Entry of Participant or Participant’s team.

Prizes and Awards:

The prizes and awards to be awarded are as follows:

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For each Challenge, The Team whose Entry is awarded the highest score by the judges will receive a cash award of $5,000
Optionally, one Team may be selected by the judges for project funding up to an additional $20,000 and/or a workspace to develop your solution

 
To be eligible for an Award, the Team Entry must receive a score of at least 75% in each of the five judging criteria categories.  No cash or other 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. This is a contest of skill. Whether or not your Entry is determined as a winner depends on how your Entry compares to the other Entries submitted in the Hackathon when evaluated based on the Judging Criteria.  All cash awards are a one-time offer and there is no offer of licensure, royalty, or other financial compensation implied beyond the award.

 
Winners will be notified by 7:00 PM EST on March 11, 2017 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 may be selected from remaining valid, eligible Entries timely submitted.

Business Relationship:

Participation in the Hackathon or acceptance of a prize does not create an obligation either on your part or Sponsor’s part to negotiate or enter into any business relationship or to sign any commercial agreement.  Except as may otherwise be provided in these Official Rules, you are free to discuss your Entry and the ideas or technologies that it contains with other parties and you are free to contract with any third parties so long as you do not sign any agreement or undertake any obligations that conflict with these Official Rules or that conflict with any agreement you have entered into with Sponsor regarding your Entry.

Publicity:

Except where prohibited, by participating in the Hackathon, Participant consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to Participant (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, Sponsor’s website at www.nestleskinhealth.com, and any of the Sponsor’s social media accounts or news outlets without additional compensation.

Indemnity:

You agree to release, indemnify, defend and hold Sponsor and their parents, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Hackathon, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Hackathon or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Sponsor’s control that may cause the Hackathon to be disrupted or corrupted; (ii) any claim than an Entry infringes third party intellectual property or proprietary rights; (iii) any disputes among team members, (iv) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Hackathon; (v) any printing or typographical errors in any materials associated with the Hackathon; technical errors that may impair your ability to participate in the Hackathon; or (vi) errors in the administration of the Hackathon.

DISCLAIMER. IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE HACKATHON, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

General:

The Hackathon is subject to federal, state, and local laws and regulations. The Hackathon is offered by Sponsor, which is not responsible for (i) late, lost, damaged, incomplete, or misdirected Entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of Entries; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Hackathon in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the

Hackathon is compromised, without liability to the Participants. Sponsor reserves the right to

disqualify any Participant, as determined by Sponsor, in its sole discretion. These Terms are governed by the law of the State of New York, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Hackathon or the Terms must be brought in either the federal or state courts located in the New York, New York. Sponsor’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.