Brain Juice Terms & Conditions
IMPORTANT – PLEASE READ
BY SUBMITTING YOUR ENTRY, YOU (THE “PARTICIPANT” OR “YOU”) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS”), IN CONNECTION WITH THE GOLEM'S BRAIN JUICE COMPETITION ( “COMPETITION” or “BRAIN JUICE”) AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE YOU HAVE READ AND UNDERSTAND ALL TERMS AND CONDITIONS IN THIS DOCUMENT AND HAVE HAD THE OPPORTUNITY TO CONSULT WITH YOUR OWN INDEPENDENT LEGAL COUNSEL AT YOUR OWN EXPENSE.
1. ORGANIZER AND FOUNDER
1.The BRAIN JUICE is a software development competition organized by Golem Factory GmbH, a company organised and existing under the laws of the Switzerland, with its registered office in Zug at Gubelstrasse 11 (street), Postal code: 6300 Zug, entered into the commercial register under CHE-143.168.192 number (hereinafter called “Organizer” or “Golem”).
2.Participation in the BRAIN JUICE is free of charge.
3.The Organizer shall be responsible for the implementation and service of the Competition.
4.The Competition is sponsored by Organizer.
2. BINDING AGREEMENT
1.The Competition is run solely under these Terms and generally applicable law of the Switzerland.
2.The Competition and all Participants and Entries are subject to and governed by these official Terms. You agree that submission of your Entry in the Competition constitutes agreement to these Terms without reservations.
3.These Terms form a binding legal agreement between you and Organizer with respect to the Competition. This means Judges will choose the winning Entries, and Prizes will be awarded in accordance with these Terms.
3. ELIGIBILITY CRITERIA
1.An eligible Participant must be:
1.1.a natural person who is at least 18 years old or is above the age of legal capacity where the Participant reside and who can form a legally binding agreement, have the full, right, power and authority to enter into and to comply with the obligations under these Terms, 1.2.must enter in the Competition on its own behalf (meaning Entries on behalf of another person will not be accepted and joint submissions are not allowed),
1.3.a Switzerland resident or a resident of any other country, providing limitations pursuant to point 3.2 below,
1.4.and must submit your own Entry in the form requested by the Organizer under section 6.2 below.
2.Participants may not be a person residing in any country embargoed by the European Union and/or subject to European Union export controls or sanctions (including without limitation Iran, Cuba, Sudan, Syria and North Korea), or any other jurisdiction where the Competition is otherwise prohibited, licensed, restricted or taxed by applicable state, territorial, provincial or local laws, rules or regulations. It is your responsibility to ensure that you are legally eligible to enter the Competition and receive a Prize under any laws applicable to you in your jurisdiction of residence or otherwise.
3.Employees of Sponsor, Organizer and Judges and its respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor or Organizer through an outsourcer or temporary employment agency during the Competition period, and their respective immediate family members (defined as parents, children, siblings and spouse, including step and foster relations) and persons living in their same household (whether or not related), are not eligible to participate in the Competition.
4.In entering the Competition, you confirm that you are eligible to do so and eligible to claim any Prize you may win. Organizer reserves the right to verify the eligibility of all Participants (e.g. request written proof of age of any Competition Winner).
4. COMPETITION PERIOD AND WINNER SELECTION
1. Acceptance of entries to the Competition is carried out from the 23.05, 2022 (“Opening Date”) to 13.06, 2022 or until further notice (“Closing Date”). After Closing Date, no further entries will be permitted (“Competition period”).
2. Giving prior notice to the Participant via the Website, Organizer is allowed to change dates, hour and the place of the Competition, as well as to cancel, change or suspend this Competition for any reason, including cheating, technology failure, catastrophe, war or any other unforeseen or unexpected event that affects the integrity of this Competition, whether human or mechanical. If the integrity of the Competition cannot be restored, we may select Winners from among all eligible Entries received before we had to cancel, change or suspend the Competition. Violators will be prosecuted to the full extent of the law and may be banned from participation in future Golem’s competitions. 3. Submitted Entries will be evaluated by judges appointed by the Organizer (“Judge”). First, the Community Warriors of Golem will select the top 12 finalists (please note that Community Warriors are not Judges; if they do not submit their selections within a reasonable time or the number of selected Entries is too low, the Organizer may abandon the Community Warriors' selection of finalists). The Judges will then select 10 Winners according to the following rules.
4. The Competition’s panel of Judges will comprise at least the of three (3) members.
5. A panel of Judges will evaluate the Entries in private based on their sole discretion. The Judge is not required to justify its decisions or comment on its deliberations.
6. Only the (10) ten Participants will be selected and awarded Prize (the “Winner”). The Winner will be determined solely by the Judges and the decision of the Judges will be final and binding.
7. Winner selection will be announced on the Website and on Golem’s social media channels (the “Announcement”) within a reasonable time after the end of the Competition, however, no later than within 21 days after the end of the competition.
8. In order to claim the Prize the Winner must provide the Organizer with a wallet address which is hold solely by the Winner.
9. Prior to the Prize delivery, the Winner will execute and deliver to the Organizer any and all requested by Organizer documents, data or information for the purpose of verification required under the applicable anti money laundering and counter terrorism financing laws (“AML/CTF”).
10. If the Winner fails to collect the Prize within fixed term indicated in the Announcement or fails to pass the AML/CTF verification, the Winner’s claim for the Prize (the GLM transfer claim) will expire and the Winner’s Prize will be forfeited.
11. The Organizer will make all reasonable efforts to contact the Winner. If the Winner cannot be contacted or is not available, or has not claimed their Prize within fixed term indicated in the Announcement, the Organizer reserves the right to offer the Prize to the another eligible Participant selected by the Judges from the Entries that were received before the Closing Date. Only three alternate Winners will be selected, after which unclaimed Prizes will remain unawarded.
1. The prizes to be awarded are as follows:
1.1.for the 1st place: 4000 GLM,
1.2.for the 2nd place: 3000 GLM,
1.3.for the 3rd place: 2000 GLM,
1.4.for the 4-10th place: 1000 GLM,(collectively “Prize”).
2.The Prize is awarded exclusively to the Winners in the stated form. It cannot be exchanged for anything else or paid out in cash. 3.The Prize may not be claimed by a third party on behalf of the Winner.
4.If Organizer do not receive a sufficient number of Entries meeting the requirements, Organizer may, at its discretion, select fewer Winners than the number of Prizes described in this Terms.
5.All other than GLM prize values presented by Organizer (e.g. in USD) are provided for your reference and convenience only. The Organizer is not responsible for inaccurate prize details supplied to any Participant by any third party.
6.The Organizer reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value.
7.All taxes, if any, and other expenses, costs, or fees associated with the acceptance and/ or use of any Prize are the sole responsibility of each Winner who is advised to seek independent counsel regarding the tax implications of accepting a Prize.
8.Prizes cannot be transferred or substituted by the Winner.
9.The Organizer reserves the right to publish any Entry (including parts of Entries) other than the winning Entry and, unless otherwise stated, such publication does not mean the Participant has won a Prize.
6. HOW TO ENTER
1.Route to entry for the Competition and details of how to enter are published on the Competition’s landing page: https://golem.network/brain-juice (live on 23.05, 2022) (“Website”). This Website is for informational purposes only and in the event of a discrepancy, the terms of this Terms and Conditions shall prevail.
1. Each Participant may submit more than one Entry.
2.To enter the competition, before the Closing Date (“Entry”):
2.1.create a new and creative use-case application of Golem's high-level Java Script API (“yajsapi”),
2.2.submit a proposed yajsapi concept in a separate directory (your project name) containing Readme.md file with the following data written to a repository published by an Organizer by initializing a pull request (For more information about creating a pull request, see "Creating a pull request" section at GitHub Docs via https://docs.github.com),
2.2.1.project name for your yajsapi solution (which should be 5 words or less),
2.2.2.short description of your yajsapi solution (abstract/summary),
2.2.3.long written description explaining your yajsapi application in more detail and explaining step-by-step its usage scenario,
2.3.ad an issue form to your yajsapi concept using following template : https://github.com/golemfactory/js-api-usecases/blob/main/.github/ISSUE_TEMPLATE/project-submission.md (for more information, see "Creating an issue" section at GitHub Docs via https://docs.github.com):
2.4.license your submission under the GNU General Public License v3.0, complying with the Free Software Foundation, Inc. standards (for more information, see https://www.gnu.org/licenses/gpl-3.0.html ).
3.If disputed, Entries will be deemed submitted by the authorized account holder of the GitHub account.
4.All Entry materials must be in English or, if not in English, the Participant must provide an English translation of the Entry as well as all other materials submitted.
5.Participant must make the Entry available free of charge and without any restriction, for testing, evaluation and use by the Organizer and Judges during the Competition Period.
6.All information provided by you for the Competition purpose must be true and correct. You are responsible for keeping such information up-to-date (if needed).
7. WARRANTIES, AND LIABILITIES
1.By entering the Competition, you hereby warrant and represent that:
1.1.your Entry is your own original work and you are the sole author of the yajsapi solution and possesses all the necessary author’s economic and moral rights pertaining thereto,
1.2.the yajsapi solution does not constitute a derivative work or plagiarism and does not infringe any right of any third party (especially copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity), and does not violate applicable laws,
1.3.the author’s economic rights in the yajsapi solution are not in any way encumbered by the rights of third parties, and in particular, that no individual consent of a third party is required to exploit the yajsapi solution in any scope,
1.4.that your yajsapi solution not won previous awards.
2.The Organizer at its sole discretion may prohibit any Participant or potential Participant from participating in the Competition or take any other action it deems appropriate, including your disqualification at any stage of the Competition, especially in case of: 2.1.violation of this Terms and any additional rules stated at the course of the Competition;
2.3.your Entry, as determined by in sole and absolute discretion of the Organizer, contain, depict or refer to any crude, vulgar, obscene, sexually explicit, disparaging, discriminatory, offensive, illegal or otherwise unsuitable language, activity or other content;
2.4.your Entry contain, depict or refer to any content which disparages or refers negatively to the Competition, Organizer, Judge or any other person or Participant;
2.5.your Entry contain any content that violates any law or any third party’s rights (including privacy, personality and intellectual property rights).
ALL DISQUALIFICATION DECISIONS OF THE ORGANIZER ARE FINAL, NOT SUBJECT TO APPEAL AND NO REFUND WILL BE PROVIDED.
8. DATA PROTECTION
Golem underlines that the Participant’s personal data (eg. email addresses, names, addresses, etc.) are only used within the framework of the Competition as per data protection regulations to comply with the contractual obligations. Golem also states that this data will not be forwarded to third parties or given to them for use and will be treated confidentially as per the GDPR unless the participant expresses consent to have the information transferred to partner companies. A withdrawal of consent via email to firstname.lastname@example.org is possible at any time. One exception is in the event of a win the Prize, in which case the Participant agrees specifically that Golem may publish your name. By participating in the Competition, the Participant hereby, expresses consent to the storage of his email address and the stated personal data and that the data can be used for the execution of the Competition. Golem reserves the right to check the correctness of the data provided by the Participants. The user can gather information about the data stored by Golem at any time free of charge. Your personal data will be deleted as soon as they are no longer required for the aforementioned purposes. However, it may be necessary for Golem to continue to store your data until the expiration of the obligations and periods of retention specified by the legislator or supervisory authorities. For more information, consult our privacy statement on https://www.golem.network/privacy.
9. GOVERNING LAW AND JURISDICTION
This Terms and all related documents and all matters arising out of or relating to this Terms, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the Switzerland without giving effect to the Swiss conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the Republic of Switzerland land. The application of the United Nations Convention for Contracts for the International Sales of Goods is hereby expressly excluded. Each of the Participants hereto irrevocably agrees that any legal action or proceeding with respect to this Terms and the rights and obligations arising hereunder, or for recognition and enforcement of any judgment in respect of this Terms and the rights and obligations arising hereunder brought by the Participant hereto or its successors or assigns, shall be brought and determined exclusively in courts of courts of Zürich, Switzerland, venue being Zurich 1. The Participant hereby irrevocably submit to the exclusive jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue.
10. ADDITIONAL TERMS
The failure of the Organizer to comply with any provision of this Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Organizer (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of the Terms. The Organizer assumes no responsibility for any injury or damage to your or any other person’s computer relating to or resulting from downloading materials or software in connection with the Competition. The Organizer is not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of Entries information; for errors in any promotional or marketing materials or in the Terms; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.
The Organizer reserves the right to amend these Terms. Any amendments will be published on the Website.