These Competition Terms ("Terms") apply to competitions and contests sponsored by Intesystems and its affiliates, including coding contests relating to InterSystems Products and technologies (each referred to as a "Contest"). Please read these Terms and all applicable Rules (referenced below) carefully as they form a binding legal agreement between you and InterSystems Corporation, with principal office located at1 Memorial Drive Cambridge, MA, 02142 UNITED STATES ("InterSystems") governing the rules and rewards of the Contests.
Our Contests vary, and we may post Contest-specific rules ("Rules") for a Contest on our websites announcing such Contest, which, along with these Terms, become part of your agreement with InterSystems with respect to such Contest. If there is a conflict between these Terms and the Rules, the Rules take precedence.
Any decision or determination of any Contest administrator or judge, including interpretation and applications of the Terms and Rules, is final and binding in all matters relating to such Contest fto the extent allowed by law.
The Terms and Rules include information about how InterSystems may use your personal information when you create an “Open Exchange Profile” (as defined below) or participate in a Contest. UNLESS YOU AGREE TO THE TERMS AND APPLICABLE RULES, YOU (1) MUST NOT CREATE AN OPEN EXCHANGE PROFILE OR PARTICIPATE IN A CONTEST AND (2) ARE NOT ELIGIBLE TO RECEIVE PRIZES UNDER A CONTEST.
The words "include" and "including" are used in these Terms and any Rules to mean "including but not limited to."
(A) You cannot participate in a Contest, will be immediately disqualified, and forfeit any related prize if you are or become:
(1) a resident of Quebec;
(2) a resident of Crimea, Iran, North Korea, Syria, or other US embargoed country;
(3) ordinarily resident in a US embargoed country;
(4) otherwise prohibited by applicable export controls and sanctions programs;
(5) a resident anywhere that a Contest is prohibited by law;
(B) You cannot participate in a Contest if you are under the age of majority in your home state or nation, and in no case if you are less than sixteen (16) years of age. To be eligible for a Contest, you must be at least sixteen (16) years of age at the time you register for such Contest.
1.4 Requirements to Enter and Receive a Prize.
(A) In order to enter a Contest, you must have
(1) access to the Internet,
(2) a valid email address,
(3) a registration to any InterSystems online community required by these Terms or the Contest Rules.
(B) If a Contest offers a prize, you must provide your name, phone number, a valid mailing address, and any other information InterSystems may need to award or send you such prize, on request. This information must be provided to InterSystems in English using ASCII characters only and will be used to award and send a prize to you. Use of non-ASCII characters may prevent or delay your receipt of an award or prize. InterSystems will endeavor to disperse prizes to all eligible prize recipients. You understand that there may be rare circumstances in which InterSystems is unable to disperse a prize due to administrative, carrier, or legal restrictions.
1.5 Verifying Eligibility. InterSystems reserves the right to verify your eligibility and to adjudicate any dispute at any time. You agree to provide InterSystems with any proof of eligibility requested by InterSystems and your refusal or failure to provide such proof within ten (10) days of InterSystems’s request will result in your disqualification from a Contest and forfeiture of any prizes.
1.6 Communications. All communications between InterSystems and you, including over the Contest website or email communications, must be in English.
(A) To enter a Contest, you must first create a profile at https://openexchange.intersystems.com/ (“Open Exchange Profile”). Once your Open Exchange Profile has been created, you will be able to request registration for Contests. You will be required to provide additional information about yourself when registering for Contests.
(B) Registration times are listed on the applicable Contest websites. YOU ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME IN YOUR TIME ZONE. InterSystems may modify the opening and closing dates for registration by an informational notice on the applicable Contest website. You are responsible for frequently reviewing Contest details on the applicable Contest website.
(C) All the data provided through the profile creation and registration process must be complete, correct, and provided in English.
2.2 Application Names and Nicknames. InterSystems reserves the right to change or omit contestant nicknames or application names for purposes of publication on InterSystems websites or listserve, particularly if they are, in InterSystems sole opinion, offensive or obscene, or violate the intellectual property rights of others. If you create a nickname or application name that is offensive or obscene, or violates the intellectual property rights of others (as determined in InterSystems’s sole discretion), you and your team members, if applicable, may be disqualified from the Contest(s) for which you have registered.
(A) Your submission must be in the format specified by the applicable Contest website or online judging system, the applicable Rules, and these Terms (with precedence given in that order). Deliberately obfuscated source code is not allowed.
(B) You should submit your solutions with enough time remaining in each time period to avoid latency issues between your computer and InterSystems servers. Solutions will not be accepted after the applicable contest period expires.
3.4 Modifying a Contest. InterSystems may cancel or modify the structure
and timing of a Contest to run such Contest in accordance with the Terms and
applicable Rules or to prevent an unfair result.
4. Privacy Terms.
This Section 4 covers the information you share with InterSystems during the course of your participation in a Contest or use of any Contest website.
4.2 Information InterSystems Collects. In order to administer Contests and manage contest activity (including Contest Profiles), InterSystems collects basic contest information about you (for example, your name, email, and school or company name), information about your coding experience (such as your preferred coding language), and information about your contest submissions (for example, your contest scores during an online round). InterSystems will collect this information from either (i) you when you provide it during the course of registering for a Contest or creating an Open Exchange Profile or (ii) judges or other individuals responsible for managing a Contest.
4.3 InterSystems Use of Your Information.
(B) Sharing Your Information. Your name, username, application name, representing country, country of residence, and any fun facts (e.g., your favorite coding language) that you specified during registration may be displayed publicly on Contest websites, social media, and InterSystems -managed blogs for promotion purposes; you can request to not have this information displayed by emailing InterSystems ’s Developers Community at community@InterSystems.com. If you win a prize InterSystems may share your name, phone number, e-mail address, and mailing address with third parties to fulfill awarding a prize to you. InterSystems may also be required to disclose your information to external third parties, such as local labor authorities, courts, tribunals, regulatory bodies, and/or law enforcement agencies for the purpose of complying with applicable laws and regulations, or in response to legal processes.
(C) InterSystems uses the information collected in connection with a Contest based on InterSystems’s legitimate interest in administering and managing Contests and activity associated with each Contest. InterSystems maintains servers around the world and your information may be processed on servers located outside of the country where you live. Data protection laws vary among countries.
4.4 Accessing Your Information.
(A) When you are logged into a Contest website, you will be able to access, review, and update some of your personal data held by InterSystems in connection with a Contest.
(B) In certain countries, you may have the right to request access to or to update your information, request that it be deleted, and restrict the processing of your information. You may also have the right to object to the processing of your information. Please contact the contest administrator via the applicable Contest website if you would like to exercise any of these rights. InterSystems will respond to any requests in accordance with applicable law; therefore, there may be circumstances where InterSystems is not able to comply with your request.
(C) To delete your Open Exchnage Profile, you must email community@InterSystems.com. By deleting your Contest Profile, you will no longer be able to access or restore your Contest history; you will be unregistered from all Contests for which you have enrolled; if eligible, you forfeit all claims to prizes; and if you have participated in past Contests, your nickname will no longer appear on any public scoreboards. Your code will still remain unaltered on our backend and scoreboards.
4.5 Contacting InterSystems About Privacy Questions. You can contact the
applicable contest administrator via the applicable Contest website if you
have questions about the processing of your information collected in
connection with a Contest. If you are in the EU and you cannot find the
answer to your question in these Terms or Rules, then you can contact
InterSystems ’s Data Protection Office at firstname.lastname@example.org. Depending
on your country of residence, you can contact your local data protection
authority if you have concerns regarding your rights under local law.
4.6 Personally Identifiable Information in Nicknames and Submissions. You should not include and are strongly discouraged from including any personally identifying information (e.g., your legal name) in your contestant nickname, team name, and submissions because such nickname, team name, or submissions may be published publicly.
5. Advancement and Notice of Winners.
5.1 Notice of Advancement. Results posted on a Contest website are not definitive and may change, for example, due to disqualifications or judging of discrepancies in submissions.
5.2 Announcement of Winners. The results of the of a Contest will be posted on the applicable Contest website after completion of such Contest. Posted results will include a list of the contestants' names, nicknames, usernames, and application names in ranked order based on their scores.
6 Prizes. If a Contest offers a prize, then the following Terms are applicable:
6.1 Money Prizes. Money prizes will be awarded in U.S. dollars and may be
delivered in the form of cash, check, gift card, or other cash equivalent.
You are responsible for any costs associated with currency exchange.
InterSystems may work with an authorized third-party to convert money prizes
into a local currency. You understand InterSystems has sole discretion to
choose which currency exchange rate to apply in order to convert any money
prize into a non-U.S. dollar currency.
6.2 Taxes. You are solely responsible for complying with all applicable tax laws and filing requirements. To remain eligible for a prize, you must submit to InterSystems or the relevant tax authority all documentation requested by InterSystems or required by applicable law within seven (7) days of InterSystems 's request or earlier if required by law. You are solely responsible for paying all taxes, duties, and other fees imposed on prizes awarded to you. All prizes will be net of any taxes InterSystems is required by law to withhold.
6.3 No Warranties for Prizes. Except as required by law, InterSystems makes no warranties, express or implied, for prizes.
6.4 Prizes are Non-Transferable. Participants may not sell or give away prizes to their customers or other persons.
(A) Providing false information about yourself during registration or concerning your eligibility;
(B) Breaching or refusing to comply with any Terms or Rules of any Contest for which you have registered;
(C) Tampering or interfering with administration of a Contest (including monitoring at onsite rounds) or with the ability of other contestants to participate in a Contest;
(D) Submitting content that:
(1) violates the rights of a third party,
(2) is lewd, obscene, pornographic, racist, sexist, or otherwise inappropriate to a Contest, in each case, as determined per InterSystems ’s sole discretion, or
(3) violates any applicable law.
(E) Threatening or harassing other contestants or InterSystems , including its employees and representatives. Harassing behavior includes, offensive, threatening, and/or hateful comments directed toward an individual or protected class (e.g., sexual orientation, disability, gender identity, age, race, religion, ethnicity, veteran status), the use or display of sexual images in public spaces, deliberate intimidation, stalking, following, taking unwelcome photos/videos, sustained disruption of talks or other events, inappropriate physical contact, unwelcome sexual attention or communications, and developing and/or promoting any applications designed to encourage any of these behaviors. InterSystems has sole discretion over whether a Contest participant has committed threatening or harassing behavior.
7.2 Using the applicable Contest administrator email address specified on
the applicable Contest website, you may report to InterSystems any
harassment, cheating, or violation of any Terms or Rules by another
contestant. InterSystems may investigate any such allegations and all
decisions by InterSystems in these matters are final and binding (and in
each case, at InterSystems ’s sole discretion). If you are asked to stop any
harassing behavior, you are expected to comply immediately.
7.3 Per the sole discretion of the Contest administrator(s), disqualification from one Contest may disqualify you from other Contests or from the same Contest in subsequent years. The scope of a disqualification will depend on the quantity and severity of the violation resulting in such disqualification.
8.3 Social Media. If you (i) post on your social media page using any
Contest hashtag or labelling (e.g., #IRISDev) or (ii) share or post any
content on a Contest social media page (collectively, “Social Media
Content”), then InterSystems may feature such Social Media Content in
marketing and promotional materials for any Contest. You grant InterSystems
an unrestricted, sublicensable, transferable, perpetual, irrevocable,
worldwide, free license to use your Social Media Content to promote any
Contest. You warrant that you have the authority to grant the license set
forth in this Section 8.3. You waive all rights in such content shared on
social media (including any right of prior approval),; and you release
InterSystems and its agents from, and will neither sue nor bring any
proceeding against, InterSystems or its agents for any claim or cause of
action, whether now known or unknown, for defamation, copyright
infringement, invasion of the rights to privacy, publicity, or personality
or any similar matter, or based upon or relating to the use and exploitation
of any Social Media Content.
8.4 Permission to Use Your Name and Likeness. By registering for a Contest, you agree that InterSystems and its agents may use your name, likeness, and statements without compensation to promote a Contest, including displaying it on a Contest website.
(A) the information you provide about yourself while registering or in subsequent communications with InterSystems is truthful and accurate;
(B) except as permitted by the Terms and Rules of the Contest(s) for which you have registered, your submissions to a Contest are original and not created with the assistance of any information about the problems not provided by InterSystems ;
(C) you own all rights in your submissions or otherwise have the right to submit your submissions to InterSystems and grant to InterSystems the licenses granted in these Terms and any applicable Rules without violating any rights of any other person or entity or any obligation you may have with them; and
(D) your submissions do not violate any applicable laws.
9.2 Indemnities. You will indemnify InterSystems and its affiliates, directors, officers, and employees against all liabilities, damages, losses, costs, fees (including reasonable legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
(A) your acts or omissions in relation to a Contest (including your use or acceptance of any prize and your breach of these Terms or any applicable Rules); and
(B) your submissions violating any rights of any other person or entity or any obligation you may have with them.
(A) You acknowledge that your participation is voluntary.
(B) You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and InterSystems and that no such relationship is established by your submission of an entry to Contest.
(C) You understand and agree that nothing in these Terms, any Rules, any submission to a Contest, or any award of a prize may be construed as an offer or contract of employment with InterSystems .
11.2 Severability. If any provision (or part of a provision) of these
Terms or Contest Rules is or becomes invalid, illegal, or unenforceable, the
rest of the terms will remain in effect.
11.3 Import and Export Laws. InterSystems will organize each Contest in compliance with all applicable import laws, export laws, rules, regulations, and sanctions programs. Participants acknowledge and agree that each Contest (including the award of prizes, swag, or other items) may be subject to certain export laws and regulations.
11.4 Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS AND ANY RULES WILL BE GOVERNED BY MASSACHUSETTS LAW, EXCLUDING MASSACHUSETTS CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.