1.1. These Participation Rules (the “Participation Rules”) are applicable to the Patient Hackathon (“Hackathon”) initiated by Pfizer and organized on 18 and 19 February 2019 with the companies Hackathons BV and Esperity BV (the “Organisers”).
1.2. This event aims to create solutions to patient challenges.
1.3. These Participation Rules are applicable to all Hackathon’s participants (the “Participant”) and shall supersede, without exception, any and all Participants’ conditions, even if they stipulate the opposite. Participating to the Hackathon automatically entails acceptance of these Participation Rules and waiver of the participant’s own terms and conditions. There are four categories of Participants:
individuals holding tickets (“Individual Participants”), organizations who provide support in funds or kinds (“Partners”), and invitees such as experts, mentors, and jury members (“Invitees”), all of which may be individuals or organizations (“individuals” are natural persons, “organizations” are any kind of legal entity that is not a natural person, such as companies, not-for-profit associations, etc.).
2.1. No provision of these Participation Rules shall be interpreted adversely against a party solely because that party was responsible for drafting that particular provision.
2.2. Words denoting the singular shall include the plural and vice versa. Grammatical variants of a defined term shall have the meaning set out in the relevant definition as adjusted to reflect reasonably the variance and the context of the use of the variant. The words “include”, “included” or “including” are used to indicate that the matters listed are not a complete enumeration of all matters covered. References to articles are references to articles in these Participation Rules, unless indicated otherwise. The headings in these Participation Rules are for construction purposes as well as for reference.
2.3. These Participation Rules are drawn up in the English language. If these Participation Rules are translated into another language, the English language text prevails.
2.4. In case of cheating or infringement of the participation’s rules or of any obligation contained herein, the Organisers shall be entitled to, at any time, cancel the Participant’s participation.
3. Hardware & IT Tools
3.1. A Wi-Fi connection will be made available to the Participant throughout the duration of the Hackathon.
3.2. The Participant shall bring his/her own hardware (i.e. computer, extension cord, power bars, etc.) and software whatsoever (“Hardware”). The Participant will take all appropriate and reasonable measures to ensure that the material brought by him/her will not, if connected to the Hackathon’s location electric and electronic system, cause any damage to this system.
3.3. The Participant shall be solely responsible for his/her Hardware. The Organisers disclaim and could never be deemed liable or responsible in the event of theft, loss or deterioration of Hardware.
3.4. The Organisers is likely to lend equipment or connected objects (“IT Tools”) to the Participant during the Hackathon. The Participant hereby acknowledges that the aforementioned IT Tools remains the sole Organiser’s property.
3.5. The Participant waives any claims for defective products/software/wires etc. related to the IT Tools put at his/her disposition by the Organisers, other Participant or third parties.
4. IP Framework
The following IP framework is designed to maximize collaboration during and after the event and to minimize burden of managing IP rights for all participants and organizers.
4.1 Open Source
Projects and related technology developed at the Patient Hackathon should be open
source. Attribution is fine but ownership is public / Creative Commons.
4.2 Everyone keeps what they own already
All Pre-Existing IP remains owned by its owner, and nothing that happens during the Patient Hackathon can be considered as a transfer or assignment of such Pre-Existing IP.
4.3. Patient Hackathon is an open, public event
The Patient Hackathon is an open, public event. Any information discussed in a group or even private meeting, or otherwise shared, is to be considered disclosed to a public space. This means that if you are under a duty of confidentiality of certain information, you should not disclose that during the Patient Hackathon.
That being said, it is important to understand that generic ideas are almost never covered by IP or protectable. Only as the idea gets more specific and starts being converted into an actual application, will IP protection start to apply.
4.4 Attribution is essential
Throughout the event, teams will develop ideas. By the end of the event, both the idea and the identity of the individuals who have contributed substantially to it will be noted. It is important that all individuals who contribute to an idea get a fair mention.
For the purpose of this attribution, every contributor’s share is considered equal. The effect of attribution is NOT to allow any contributor to block the use of a particular idea to which they have contributed, but rather to allow all contributors to that idea to use and develop it further.
4.5 Different categories of Participants
These rules apply to all categories of Participants and to all individuals that participate either in their own name or on behalf of an organization.
However, any Organization (Partner, Supporter or Invitee) that participates in the Patient Hackathon, commits in addition, that if an idea is developed into a commercial product as a direct consequence of Patient Hackathon, each individual who has contributed to that particular idea:
● Gets appropriate name recognition; and
● Is invited to share the benefits of such commercial development on a reasonable basis; this can include being offered to work on it against payment or sharing in some of the proceeds on a reasonable basis.
4.6 No verification or liability for IP
Patient Hackathon will not police or verify whether Participants have the appropriate rights to participate in the event from an IP perspective, nor will it take on any liability in respect of any breach or alleged breach of any Intellectual Property Right by or from any Participant or any third party. Equally, Patient Hackathon has no liability in respect of the IP of any of the ideas mentioned, generated or attributed throughout the event.
5. Limitation of Liability
5.1. Without prejudice to limitations defined herein above, the Organisers shall not be liable for (i) any late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or submissions, regardless of the method of transmission, (ii) Wi-Fi connection, telephone system, telephone or Hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors, (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials, (iv) any injuries, losses or damages of any kind caused by participating to the Hackathon and, for (v) any printing, typographical, administrative or technological errors in any materials associated with the Hackathon.
5.2. The Organisers disclaim any liability for damage to any device resulting from participating in, or accessing, uploading or downloading information in connection with this Hackathon.
5.3. The Organisers reserve the right, in its sole discretion, to cancel, modify or suspend the Hackathon should a virus, bug, computer or phone problem, unauthorized intervention or other causes beyond the Company’s control, corrupt, threatened the administration, security or proper running of the Hackathon.
5.4. The Organisers waive any liability, in case of modification, shortening or cancellation of the Hackathon due to force majeure or event beyond its control.
5.5.The Organisers reserves to right to extend or reschedule the Hackathon in case of need.
6. Personal Data
6.1 The Organisers respect the privacy of the Participant to the Hackathon. Personal data related to the Participant might be shared and/or collected in the frame of the Hackathon in two circumstances:
1°/ when registering to the Hackathon mainly via this website;
2°/ during the Hackathon itself, by, if you wish so of course, by sharing your personal experiences or insights with the other Participants. These specific personal information will NOT be collected, kept or tracked in any identifiable manner and each Participant commits to strictly respect this rule.
6.2. As for the personal data shared with the Organisers under 1°/, i.e. in order to register to the Hackathon, . the Participant agrees with the processing by the Organisers of his/her personal data entered in the registration form. for following purposes:
– organization of the Hackathon
– follow-up after the Hackathon
– promotion and development of the Hackathon’s products and services..
6.3. As far as Pfizer is concerned, please consult the Pfizer’s Privacy Notice that describes the way Pfizer is processing your personal data in strict compliance with all applicable regulations, including the Global Data Privacy Regulation and the Belgian law of 30 July 2018.
6.4.The Participant hereby consents to the collection of his/her personal data as described in Pfizer’s Privacy Notice and by the Organisers and entities related with it for these purpose, or to any other person pursuant to a legal obligation or in the event of a legitimate interest. This consent also applies if the communication to the above mentioned persons would take place to countries outside the European Union, whether or not they offer guarantees for an adequate level of protection. The Organisers will then take all appropriate measures to ensure an adequate level of protection of the Personal Data.
6.5. The access to the Personal Data shall be restricted to the persons requiring them for the fulfilment of their tasks.
6.6. The Participanthas the right to access his/her Personal Data’s , as well as a right to correct them in case of need..
6.7. The Organisers are the controller of the above mentioned Personal Data as described in the Global Data Privacy Regulation and the Belgian law of 30 july 2018.
7. Use & Image Rights
7.1. The Participant grants the Organisers, without any compensation, the right to use his/her image, his/her last name, first name and brief descriptions of the project led by the Participant or his/her team for commercial or internal/external publications’ purposes in the framework of the Hackathon (“Use”).
7.2. This Use includes worldwide collection, storage, retention, unlimited reproductions, publications and distribution in printed, electronic and digital media, including, but not limited to, advertising and brochures, video and audio broadcast programs, and website, social media and online communications worldwide and for a ninety-nine (99) years duration starting as from the Hackathon’s registration.
7.3. Unless prior written consent of the Participant, the Organisers may not disclosed (i) the professional address and, (ii) the full content of the presentations made during the Hackathon by the Participant.
7.4.The Participant hereby releases, waives and discharges the Organisers, its directors, employees, representatives and/or independent contractors from any and all demands, claims, causes of action, damages and liabilities directly or indirectly arising out of the Use pursuant to the foregoing rights granted.
8. Application Criteria & Registration
8.1. The Patient Hackathon welcome registrations from anybody who wishes to make a meaningful contribution to improving the healthcare journey for patients and their caregivers. In particular, registrations are sought from patients and their caregivers, healthcare professionals, designers (including service designers), developers and other technology specialists.
8.2. Participation in the hackathon is free. There is no registration fee.
8.3. All persons who have completed the registration form are provisionally registered to the hackathon. However, the Organisers will be reviewing all registrations before finalising the participant list because it is essential that we have a good mix of relevant skills and expertise. Should the Organisers notice any significant imbalance in skills at the end of the registration process, the Organisers might have to cancel some of the
9.1. Any provision in these Participation Rules which is void or inapplicable shall have no effect on the validity of the other provisions. In such a case, each party shall use its reasonable best efforts to immediately negotiate in good faith a valid replacement provision having a similar economic effect which is as close as possible to that of the invalid, void or unenforceable provision.
9.2. Any waiver by the Organisers to avail all or part of these Participation Rules at any given time cannot be construed as a waiver to invoke it later.
9.3. All notices to be made under these Participation Rules shall be given in writing by registered mail or email confirmed by registered mail or express courier service.
10. Jurisdiction and Governing Law
10.1. These Participation Rules are governed by and shall be construed and interpreted in accordance with the Laws of Belgium excluding any stipulations of private international law that would result in foreign law to be applicable.
10.2. Any dispute arising from the interpretation, implementation and cancellation of these Participation Rules shall be submitted exclusively to the jurisdiction of the Courts of Brussels.