TERMS AND CONDITIONS

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NEW ERA HACKATHON CONTEST
OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

In order to enter this Contest (as defined below) you must accept and agree to be bound by these Official Rules and agree that all decisions of Sponsor are final and binding. Therefore, please read these Official Rules prior to applying for entry into the Contest to ensure that you understand and agree to these Official Rules. You may not submit an application or participate in the Contest and are not eligible to compete for the prizes described herein unless you agree to these Official Rules. Participation in the New Era Hackathon on November 11 and 12, 2016 (the "Hackathon") constitutes each individual's full and unconditional agreement to and acceptance of these Official Rules. These Official Rules apply only to this Contest and not to any other promotions, contests, sweepstakes, or giveaways sponsored by New Era.

SPONSOR: This Contest is sponsored by New Era Cap Co., Inc., 160 Delaware Ave., Buffalo, NY 14202 (“New Era” or “Sponsor”).

ELIGIBILITY, RESIDENCY AND AGE: The Contest is open only to legal residents of the United States (excluding U.S. Virgin Islands, Puerto Rico, and U.S. military bases outside the U.S.) OR Canada (excluding Quebec) who are 18 years or older. Employees, officers, directors, representatives and/or agents of Sponsor, its affiliated and subsidiary entities, and the immediate family members (spouse, parents, siblings, children, in-laws, grandparents, grandchildren) of each and those living in the same household of each, whether or not related, are not eligible to enter, participate and/or win a prize. This Contest is subject to all federal, state and local laws and regulations. VOID in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and Quebec, and VOID WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW.

APPLICATION PERIOD: The Application Period begins at 12:00 PM Eastern Time on September 20, 2016 (the “Application Period”). Applicants must complete the online application form available at  newerahackathon.com in accordance with the instructions provided. The registrants and their respective team (if applicable) with the best applications as evaluated by Sponsor in its sole and absolute discretion will be invited to participate in the Hackathon. Accepted applicants will be contacted by New Era via the provided email address for logistics and next steps.

CONTEST PERIOD: The NEW ERA HACKATHON CONTEST (the "Contest") begins at 6:00PM Eastern Time on November 11, 2016 and ends at 4:00PM Eastern Time on November 12, 2016 (the “Contest Period”).

INDIVIDUAL AND TEAM PARTICIPATION: Accepted participants have the option of competing either as an individual or in groups of up to four (4) people (collectively, “Teams”). Participants may not simultaneously compete both as an individual and within a group. The organizers of the Hackathon are not responsible for resolving any disputes between team members. Participants are responsible for making their own travel and accommodation arrangements and for covering all associated costs and expenses, including travel to/from the Hackathon location and meals not provided by Sponsor at Hackathon. Teams should arrive at 160 Delaware Avenue, Buffalo, New York (the “Location”) no later than 3:50PM Eastern Time on November 11, 2016 for the Hackathon. The entire duration of the Hackathon will occur at the Location. Meals and snacks will be served during the Hackathon.

CONTEST RULES: 

  1. Participants must build a solution based on the general guidelines provided.
  2. Each participant must supply his/her own laptop.
  3. All work must be original.Code used during the Hackathon must be written during the designated Contest Period. Each submission (“Submission”) must be original, of the respective individual or team members and must be his/her/their own creation, newly written during the Hackathon and must not have been entered in any other competition or program similar to the Hackathon.
    1. “Newly written” means that the individual or team members cannot in any way copy software code that already privately exists, and submit it as part of a Submission. Submissions may be subject to a due diligence review at any time for eligibility and compliance with these Official Rules. Determination of eligibility and compliance is at the sole discretion of New Era and the judges of the Hackathon.Teams will be disqualified if they do not comply with these Official Rules.
  4. Participants may not use any pre-written proprietary programs or code. All software used by participants must be publicly and widely available. Please reach out to Sponsor with any questions.
  5. All entries, limited to one (1) entry per individual or team, as applicable, will be judged based on the Judging Criteria (defined below) to determine a group of finalists. After the finalists have been determined they will have 30 minutes to develop a three minute presentation to deliver their solutions to the judges.
  6. Beginning at approximately 4:00PM Eastern Time on November 12, 2016 the finalists will deliver their solutions as assigned above and the judges will select the top five winners based on the Judging Criteria outlined below. The five winners will be announced at approximately 6:00PM Eastern Time on November 12, 2016 and will receive the Prizes outlined below.
  7. By participating in the Hackathon, you are granting New Era an irrevocable, royalty-free, worldwide right and license to: (i) use, review, assess, test and otherwise analyze your Submissions and all content therein as New Era sees fit in its sole discretion; and (ii) feature your Submissions and all content therein in connection with the marketing, sale, or promotion of the Contest in all media (now known or later developed). You also agree to sign any necessary documentation that may be required for New Era and its designees to make use of the rights granted herein. You understand and acknowledge that New Era may have developed or commissioned materials similar or identical to your Submissions and you waive any claims you may have resulting from any similarities to your Submissions. You understand that New Era cannot control the incoming information you will disclose to its representatives in the course of entering and/or participating, or what its representatives will remember about your Submissions. You also understand that New Era will not restrict work assignments of representatives who have had access to your Submissions. By entering this Contest, you agree that use of information in New Era’s representatives’ unaided memories in the development or deployment of its products or services does not create liability for New Era under these Official Rules or copyright or trade secret law. You understand that you will not receive any compensation or credit for use of your Submissions, other than what is described in these Official Rules. Please note that following the end of the Contest your Submission may be posted on a website selected by New Era for viewing by visitors to that website. New Era is not responsible for any unauthorized use of your Submission by visitors to any such website. While New Era reserves these rights, it is not obligated to use your Submission for any purpose, even if it has been selected as a winning entry.

JUDGING CRITERIA: The participants will be scored by a panel of judges chosen in New Era’s sole discretion as follows: each Submission will receive a score of one (1) to ten (10) in the following categories: (i) technical implementation, (ii) innovation (the creativity and uniqueness of the Submission), and (ii) design (the extent to which the Submission is polished and visually appealing)(collectively, the “Judging Criteria”). The individual or team participants with the highest scores will be selected as finalists. After the finalists’ presentations, the finalists will again be scored by a panel of judges using the Judging Criteria. At the end of the second round of judging, the finalist with the highest ratings will be the prize winners.

SUBMISSION GUIDELINES: You will submit your project details on iXLearn platform through the assignment section. You will fill out a word document and upload the project details before the due date. All the details will be described in the template

PRIZES: One grand prize winner will win a $1000 VISA gift card. Also the winner will spend a day at the New Era headquarters in Buffalo, sitting with one of our talented designers to build your own custom, one-of-a-kind cap (exact date to be specified by Sponsor) (per team member if first prize winner is a team). One second prize winner will receive a $500.00 gift card (per team member if second prize winner is a team). One third prize winner will receive a $200.00 gift card (per team member if third prize winner is a team). One fourth prize winner will receive a $150.00 gift card (per team member if fourth prize winner is a team). One fifth prize winner will receive a New Era gift bag, as determined by New Era in its sole discretion, with a total approximate value of $100.00 (per team member if fifth prize winner is a team). Each winner is responsible for all federal, provincial/state and local taxes, as applicable, including completion of required taxation forms. Each winner is also responsible for any costs or expenses (including, without limitation, all transportation, accommodations, incidentals, meals, beverages, etc.) that winner incurs in connection with this Contest or the applicable prize, except as otherwise set forth herein. No transfer or substitution of prizes, except at the sole discretion of Sponsor. Odds of winning any prize depend on the number of eligible entries received and the skill of the entrants

WARRANTIES AND INDEMNIFICATION: The entrant warrants and represents that any programming and related materials used in the Application and/or Submission are original and/or, if open source, not subject to any restrictions to be included in the Submission and/or participation in this Hackathon per the relevant open source license and not subject to the proprietary rights of any person or entity. Participants warrant that any materials submitted in the Application and/or Submission are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted materials and that they have the right to submit the materials in the Contest and transfer any rights set forth herein to Sponsor. Each entrant agrees not to submit any materials that (i) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state/provincial, federal, or local law. To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Sponsor and its affiliates, subsidiaries, licensors and all indemnified parties pursuant to any licensing contract with any such licensors, and their respective owners, directors, officers, employees, representative and/or agents(collectively, the "Released Parties") at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless Sponsor and the Released Parties from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) any Application or Submission or solution or other material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the entrant in connection with the Contest; (c) any non-compliance by the entrant with these Official Rules; (d) claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.

ELIMINATION: Any false information provided within the context of the Contest by any entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Official Rules or the like may result in the immediate elimination of the entrant from the Contest.

NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an Application or Submission into the Contest, the awarding of a prize, or anything in these Official Rules be construed as an offer or contract of employment and/or an independent contractor relationship with Sponsor or the Released Parties. Participants acknowledge that he or she has submitted his/her Application or Submission voluntarily and not in confidence or in trust. Each participant acknowledges that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between him or her and Sponsor or the Released Parties and that no such relationship is established by his/her submission of an Application or Submission under these Official Rules.

GENERAL CONDITIONS: Participants agree the Contest is governed by New York state law. By entering the Contest, entrants agree to be bound by these Official Rules and agree the Sponsor, the Released Parties and each of their respective distributors, retailers, agents, assignees, and advertising and sweepstakes agencies may use (unless prohibited by law) the entrant’s name, voice, city/state of residence, photograph, and visual and/or audio likeness for advertising and/or trade purposes, and for any other purpose in any media or format now or hereafter known without further compensation, permission or notification.

ADDITIONAL TERMS: Any other attempted form of entry not specified herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted.

Sponsor is not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions or other errors of any kind, whether human, mechanical or electronic, which may occur in this Contest.

Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend this Contest should it determine, in its sole discretion, non-authorized human intervention or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest.

Potential winner(s) may be subject to a background check of any and all records at Sponsor’s sole discretion, including without limitation, civil and criminal court records and police reports, and entry into this Contest constitutes consent for Sponsor to conduct such background check. Winner(s) may be disqualified at the sole discretion of the Sponsor for any of the following reasons: (i) if charged with or convicted of a felony or misdemeanor; (ii) if not eligible based on the eligibility requirements set forth in these Official Rules; (iii) if delinquent on a government ordered payment, including, but not limited to, child support, spousal support, alimony or tax payments; (iv) violates the law(s) of any jurisdiction; and/or (v) engages in any activity or behavior which offends the public morals or embarrasses or puts the Sponsor in a negative light.

Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest. Additionally, Sponsor reserves the right to prosecute any fraudulent activities to the full extent of the law.

© 2016 NEW ERA CAP CO., INC.