Hackathon Rules. You agree to abide by and comply with all applicable federal, state, local laws, regulations and ordinances, our Code of Conduct described below, as well as any policies or procedures that may be provided or explained to you at or prior to the Hackathon (collectively, “Hackathon Rules”).

Removal from Hackathon. If you are in violation of the Hackathon Rules, or we believe that you are behaving in an unsafe or careless manner while attending the Hackathon, you may be required to leave, and you may be barred from returning without any liability on our part.

The location and date of each Hackathon event is separate and specific.  Any information that we provide about the Hackathon schedule is non-binding and we reserve the right to modify the schedule and speakers at any time. Your registration for the Hackathon does not entitle you to attend any specific sessions and you agree that we will have no liability to you if you are unable to attend any session. 

For those Hackathon events that contain competition and prize awards (each a “Prize”), the specific details of the competition requirements and Prizes will be explicitly communicated via our website or event-specific communications.  

Lightspark determines your eligibility for a Prize in our sole discretion.  Prize amounts, number of Prizes per person, and the Prize payment date are determined in our sole discretion and may vary at any time for any reason. We have no obligation to provide any Prize, or any other products or services to you. 

Multiple winners: You acknowledge and agree that Lightspark shall have no liability whatsoever on how any prize awards are split up between team members.  

To participate in the Hackathon or claim or receive a Prize, you must be at least 18 years old.  If you are an employee of Lightspark, you may not participate in the Hackathon and are not eligible to earn a Prize.

Our Use of Photography and Recordings. We and third parties authorized by us may take photographs, video or audio recordings of the Hackathon, including of you (“Hackathon Recordings”). By being permitted to attend the Hackathon (and without additional consideration), you (A) agree that we will be the sole copyright owner of the Hackathon Recordings, (B) irrevocably and perpetually consent to the capture of your image, voice and likeness in the Hackathon Recordings and our right to use, reproduce, distribute, display and publish such Hackathon Recordings, in whole or in part, for any purpose, at any time and either directly or through any third party, (C) (on behalf of yourself and your successors and assigns) release us and all such third parties (and us and their respective successors, assigns, and licensees) from any and all liability, claims and causes of action you may have now or in the future with respect to the creation and any exploitation of the Hackathon Recordings, and (D) agree to pay any attorneys’ fee and costs incurred by us or the third parties if you institute any legal action based on or relating to any consent, waiver, release or other agreement you have given in this paragraph.

Your Use of Photography, Recordings and Hackathon Information. Without our prior written consent, you may not take, publish or disseminate photos, audio recordings and/or video recordings of the Hackathon or any of its attendees for commercial use, provided that the foregoing does not apply to your personal or internal business use.

We may identify your company as an attendee of the Hackathon, and you agree you have the authority to provide Lightspark such right. If you are speaking at the event, you agree to share your headshot, company or affiliation (including logo), first and last name, and title on the Hackathon website and in marketing materials. 

Registration fees. Fees and other charges may be required in order to attend or participate in a Hackathon, and you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card for which you provide any credit card information in connection with a payment transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating payment transactions. Verification of information may be required prior to the acknowledgment or completion of any payment transaction. You will pay all fees and charges incurred by you or on your behalf in connection with a Hackathon, at the prices in effect and disclosed to you when such fees or charges are incurred. In addition, you are responsible for any taxes applicable to your payment transactions. Payments made for one Hackathon may not be applied toward the purchase of any other Hackathon, product or services.

Tickets. All ticket sales are final and non-refundable. Tickets are non-transferable and may not be assigned without our prior written consent (which may be withheld for any reason or no reason at all) and may only be used by the named individual who purchased the ticket according to our records. Any ticket substitution requests must be submitted to events@lightspark.com at least 30 days prior to the start of the Hackathon.

Cancellation by us. In the event that we cancel the Hackathon and do not reschedule for a date that is within 30 days of the originally posted Hackathon start date, we will refund the full registration fee (to the extent one was charged) within 90 days of the date of cancellation. For clarity, you agree that we are not liable to you or any third party for any costs or damages, direct or indirect, consequential, punitive, incidental, special or general resulting from any cancellation or rescheduling of the Hackathon, including without limitation any travel and accommodation costs.

All digital data or information provided in connection with the Hackathon may be used (saved, stored, processed, transmitted and deleted) by us in accordance with our Privacy Policy, which is hereby incorporated by reference into these Hackathon Terms.

Lightspark may disclose, or you may have access to as part of a Hackathon, certain non-public, proprietary or confidential information (“Confidential Information”). You agree: (a) treat all Confidential Information received during the Hackathon as strictly confidential and not disclose, reproduce, or use such information for any purpose other than participating in the Hackathon; (b) take reasonable measures to protect the Confidential Information from unauthorized access, use, or disclosure and  exercise the same degree of care to protect the Confidential Information as you would with your own confidential information; and (c) limit access to the Confidential Information to only those team members or individuals directly involved in the Hackathon, who have a need to know such information for the purposes of the Hackathon.

We retain all right, title and interest to our Confidential Information. This section does not grant you any intellectual property rights or other rights of Lightspark, except the limited right to use Confidential Information for the Hackathon. ALL CONFIDENTIAL INFORMATION IS PROVIDED BY LIGHTSPARK “AS IS”. You acknowledge that the unauthorized use or disclosure of the Confidential Information would cause Lightspark to incur irreparable harm and significant damages, the degree of which may be difficult to ascertain. Accordingly, you agree that Lightspark will have the right to seek immediate equitable relief in addition to any other rights and remedies that it may have at law or otherwise.

You will maintain all right, title, and interest in and to any intellectual property you develop or submit during the Hackathon (each a “Submission”), to the extent permitted by applicable law.  

As a condition of submission, You grant Lightspark and its affiliates, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to [create a copy of, modify (for formatting purposes only), publicly display and perform, distribute and otherwise use the Submission, including on our social media channels, our website and for other marketing and publication purposes].

You acknowledge that others attending the Hackathon, including Lightspark, may develop similar methodologies, tools, models, software, documentation, know-how, trade secrets, inventions, or works of authorship, or any other form of intellectual property during or after the Hackathon, including works inspired by Hackathon projects. 

Lightspark maintains all right, title, and interest in and to its Background Intellectual Property. “Background Intellectual Property” means registered and unregistered proprietary methodologies, tools, models, software, documentation, know-how, trade secrets, inventions, or works of authorship, or any other form of intellectual property conceived or developed by Lightspark or its licensors (a) prior to the Hackathon, and (b) independent of the Hackathon. 

You represent and warrant that your Submission does not violate (in whole or in part) the intellectual property rights of any third party, or any agreement or obligation to any invention assignment, proprietary information, confidentiality, non-solicitation, noncompetition or similar agreement with any employer or other person.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL ANY OF LIGHTSPARK AND ITS LICENSORS, SERVICE PROVIDERS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (LIGHTSPARK AND ALL SUCH PARTIES TOGETHER, THE “LIGHTSPARK PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, WEBSITE OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED DOLLARS ($100) OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. THIS IS TRUE EVEN IF THE LIGHTSPARK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend and hold harmless the Lightspark Parties from and against any and all claims, liabilities, damages (actual and consequential), judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising form or in any way relating to (a) your attendance at the Hackathon, (b) your violation of these Hackathon Terms, applicable law, or any proprietary or privacy right of any other person attending the Hackathon, (c) any allegation that your Submission infringes, misappropriates or otherwise violates the intellectual property rights of any third party and (c) your fraud, gross negligence or willful misconduct.

In the event that we are prevented from carrying out our obligations as a result of any cause beyond our control (including without limitation acts of God, changes in applicable law, war, acts of terrorism, disease or pandemic, airline flight cancellations, strikes, lock-outs, or failure of third parties to deliver goods and services) we will be relieved of our obligations for as long as such cause preventing our performance persists.

These Hackathon Terms, and any suit, action, proceeding, dispute, claim or controversy arising out of or relating to the Hackathon or these Hackathon Terms (each, a “Dispute”), are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Any Dispute will be instituted exclusively in the federal courts of the United States, or the courts of the State of California, in each case located in the County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Hackathon Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by any of the foregoing courts and to venue in such courts.

YOU HEREBY EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH, THESE HACKATHON TERMS, THE WEBSITE OR THE CONTENT. YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THESE HACKATHON TERMS.

You and Lightspark hereby agree that these Hackathon Terms are the complete and exclusive statement of the mutual understanding between you and Lightspark, and that these Hackathon Terms supersede and cancel all previous written and oral agreements, communications and other understandings, relating to the subject matter of these Hackathon Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Lightspark, and you do not have any authority of any kind to bind Lightspark in any respect whatsoever. The failure to require performance of any provision of these Hackathon Terms will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Hackathon Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Hackathon Terms is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of these Hackathon Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.  In the event of any discrepancy between the English language version of these Hackathon Terms and any foreign language translation, the English version prevails.  Any other language version of these Hackathon Terms is provided for convenience only.