EBAY INC. OPPORTUNITY HACK COMPETITION
NO PURCHASE NECESSARY. OPEN TO (A) LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA AND (B) LEGAL RESIDENTS OF THE REPUBLIC OF INDIA WHO ARE 18 YEARS OF AGE OR OLDER. VOID IN PUERTO RICO AND WHERE PROHIBITED.
- ELIGIBILITY: No Purchase Necessary. The eBay Inc. Opportunity Hack (“O-Hack” or “Competition”) is open to individuals who are (A) legal residents of the fifty (50) United States and the District of Columbia (“US”) who are 18 years of age and older and who are physically located and reside in the US and (B) legal residents of the Republic of India who are 18 years of age or older (“Eligible Participants”). Void in Puerto Rico and where prohibited. O-Hack is subject to all US federal, state and local laws. O-Hack is also subject to the local laws of the Republic of India.
- COMPETITION TIMING/DESCRIPTION: O-Hack will take place at PayPal, Inc. offices located at 2211 N. First St., San Jose, CA 95131 from 8:00 a.m. Pacific Time on October 11, 2014, to 6 p.m. Pacific Time on October 12, 2014. Eligible Participants may participate individually or as a team with a maximum of five (5) Eligible Participants. One (1) first place prize and one (1) second place prize will be awarded. The winner of a first place prize will be the Eligible Participant (or team) that receives the highest score for their submission as determined by expert judges based on judgeable criteria listed below. The second place prize winner will be the Eligible Participant (or team) that receives the second highest score for their submission.
- HOW TO PARTICIPATE IN O-HACK: To participate in the Competition, you must register for the event. Eligible Participants who are eBay, Inc., (“Sponsor”) employees and who are not eBay Inc. employees must register at the O-Hack ChallengePost site found at http://tinyurl.com/OpportunityHack. Sponsor will only accept two hundred (200) entrants for this Competition.
During the Competition, you must submit to the judges attending the event a unique application created on-site at O-Hack (“Application” or “Entry”). Prior to the start of developing and submitting an Entry, Sponsor will review specific procedures with the Eligible Participants. During the Competition, you must submit to the Competition judges attending the Event an Application relating to hack ideas announced prior to the start of the Event. You will have to present to the judges present at the Event an original minimum viable product (“MVP”) of your Application during the time window defined at O-Hack. Only Applications coming from registered individuals/teams can be considered by the judges. All components of each Entry must be submitted in accordance with these Official Rules. You may not submit more than one (1) Entry to each Event, whether you are an individual entrant or part of a team. An Eligible Participant (or team) must be the sole owner of the application submitted.
If you enter the Competition as a member of a team, you understand and agree that, in order for a team to be eligible to participate, all of the members of the team must meet the eligibility criteria contained herein and agree to these Official Rules. By entering, you warrant that you have obtained the appropriate agreement and/or approval by your team members. In addition, you understand and agree that if the team is selected to receive a monetary prize, the prize amount will be divided equally and dispersed to all team members (maximum of 5 team members). Winning team members will receive their shares of the prize money as a payment to their respective PayPal accounts. Each team member winner must have a U.S or Indian PayPal Account in good standing in order to receive the prize. The eligibility of an entrant is tied to the eligibility of the team. So if one member of a team does not comply with these Official Rules or is disqualified, the team as a whole will be disqualified.
The Entry must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s intellectual property, personal or proprietary rights, as determined by Sponsor and the judges in their sole discretion. Each entrant must either (i) be the sole and exclusive owner of all rights (including, without limitation, all intellectual property rights) in and to all content and elements incorporated into or used in the entry; or (ii) have the express written permission to use such content and elements from the owner(s) of the rights to such content and elements. Any entrant whose Entry includes content or elements not owned by the entrant must be able to provide written legal releases (in a form that is satisfactory to Sponsor and the judges) that permit the entrant to use and exploit such content and elements in the manner used and exploited and that permit Sponsor’s right to use and exploit the content and materials in accordance with these Official Rules (“IP Releases”) before eligible to be declared a winner.
SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DISQUALIFY ANY ENTRY THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS COMPETITION.
ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL ENTRY MATERIALS SUBMITTED IN CONNECTION WITH O-HACK ARE SUBMITTED ON A NON-CONFIDENTIAL BASIS, SUBJECT TO OPEN SOURCE LICENSING AND MAY BE USED BY SPONSOR, ITS AGENTS AND SUBSIDIARIES, AS DESCRIBED IN SECTION 8 BELOW.
Entries that are mechanically reproduced, copied, illegible, incomplete or inaccurate are void. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. If a dispute results as to the identity of an entrant, it will be determined that the Entry was submitted by the natural person assigned to the email address used for entry. Entrants may use the names of eBay Inc. companies in the Application and description in a descriptive manner to describe the eBay Inc. Services, eBay Inc. websites and activities related to the eBay Inc. websites. Sponsor grants Eligible Participants a limited, non-exclusive license to use eBay Inc. logos or intellectual property owned by eBay Inc. in the Application and description for purposes of O-Hack only. In the event an Eligible Participant wishes to use this Application for any other purpose, he/she/they must follow standard procedures for using eBay Inc. IP (including logos). Incomplete Entries or Entries not complying with these Official Rules are subject to disqualification. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected Entries. Sponsor’s decisions are final on all matters relating to this Competition. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any application/description, proper names, likenesses, and photographs for advertising and promotional purposes in all media (including, but not limited to, the internet) without additional compensation, except where prohibited by law. If an entrant changes his/her telephone number, email address, and/or street address after he/she enters the Competition, it is his/her sole responsibility to notify the Sponsor by email at OpportunityHack@ebay.com to be received by the end of the promotion period.
- DETERMINATION OF WINNERS: One (1) First Place winner and one (1) Second Place winner will be determined from among all Eligible Participants. All eligible Entries will be judged by a panel of expert judges, internal and external to eBay Inc. selected by the Sponsor in its sole discretion, and one (1) First Place winner and one (1) Second Place winner will be determined from among all valid Entries submitted for the Competition. Judging will be based on the following criteria, based on a total of 60 points: (i) Scope: How big an impact will your solution have on the community? Key things that are important are * Scale of the problem being solved * Potential reach * Productivity gains - 10 points; (ii) Presentation/Demo: In order to be successful you need to be able to demonstrate and market your solution so that it can succeed long term– 10 points; (iii) Innovation Displaying innovative solutions to the problems. Do you solve the problem in a novel way? Can you create a solution that is cohesive across different areas or technologies? - 10 points;; (iv) Accessible by the Target User Base: It’s crucial that the target user base actually has access to the technology in question. Can you articulate the capabilities and limitations of your userbase? Does your product fit within those capabilities or work around them?– 10 points; (v) Implementable: The projects need to be able to move from "proof-of-concept" to working project. Is your architecture and technology extendable by others? Can the project be tuned to meet different or changing needs?– 10 points; (vi) Open source solutions allow for a wider variety of contributors to be able to improve, extend and build upon. Does your project leverage open source software or libraries? Is your project in github? – 10 points. (vii) Cover all categories: All teams must get atleast 1 point in all the above categories. Getting a 0 in any one category will mean they are not eligible to win. The top-scoring Entry will be declared a potential First Place winner, and the Entry with the second highest score will be declared the potential Second Place winner, subject to verification and compliance with these Official Rules. In the event of a tie, the Entries involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate Entries according to the criteria listed above. Decision of judges is final and binding on all matters relating to O-Hack. Winners will be determined at the end of O-Hack.
- WINNER NOTIFICATION: Potential First Place winner and potential Second Place winner will be notified immediately following O-Hack, at the event, and by email using the contact information provided at the time of entry. Potential winners who are legal residents of the United States will be required to sign an affidavit of eligibility and liability release and, where legal, a publicity release and a federal and state tax release and return same, properly executed, within 48 hours via fax and within five (5) days of issuance of notification via regular U.S. Mail. Failure to return any or all documents fully-executed within the specified time period, or if any notification is returned as undeliverable, will result in disqualification and a runner-up may be selected. Entrants are responsible for ensuring that the contact details associated with their entry are up to date and accurate so they can be contacted if they win. If Sponsor or its authorized agents are not able to contact the winners by midnight Pacific Time 14 calendar days after the first attempted notification, alternative winners may be chosen by the judges and the original winners' entitlement will lapse. Sponsor may ask for proof from the winners to verify their identity. Sponsor may also ask the winners to provide proof of their age and/or country of residence.
- PRIZES: One (1) First Place Prize: $5,000 USD paid in the form of a payment to the winner’s PayPal account or if a team is the winner, divided evenly among up to five (5) team members in the form of a payment to each team member’s PayPal account. Each potential team member winner with a PayPal account must have a U.S or Indian PayPal Account in good standing in order to receive the prize. Approx. Retail Value (ARV) of First Place Prize: $5,000. One (1) Second Place Prize: $3,000 USD paid in the form of a payment to the winner’s PayPal account or if a team is the winner, divided evenly among up to five (5) team members in the form of a payment to each team member’s PayPal account. Total ARV of all prizes: $8,000.
Any other costs and expenses not specifically stated within these Official Rules and for U.S. residents, all taxes due on the prize, are the sole responsibility of the winners. The prizes may not be transferred or substituted, except at Sponsor's sole discretion. Specifics of a prize are in Sponsor's sole discretion. Sponsor reserves the right, in its sole discretion, to award a prize of equal or greater value. Allow 4-6 weeks for receipt of a prize.
- CONDITIONS OF PARTICIPATION: Sponsor will collect information from the entrant for the purpose of O-Hack and may attempt to contact entrant regarding O-Hack and/or the Application. By participating, entrants agree to be bound by these Official Rules including all eligibility requirements. Entrants agree to abide by the terms of these Official Rules and the decisions of the judges, which are final, and waive any right to claim ambiguity in these Official Rules. Entrants agree that any and all disputes shall be governed by the laws of the State of California. Sponsor reserves the right to disqualify any entrant from the Competition if, in Sponsor’s sole discretion, it reasonably believes that the entrant has attempted to undermine the Competition by cheating, deception, or other unfair practices, or annoys, abuses, threatens or harasses any other entrants, judges or Sponsor.
- GRANT OF LICENSE: By entering the Competition, Eligible Participants who are eBay Inc. employees and non-employees agree that he/she is granting the Sponsor an irrevocable, royalty-free, non-exclusive license to use his/her name, picture, likeness, voice, biography and Entry (or any part of them) in any way , form or manner that Sponsor wants for advertising, promotional or publicity purposes. “Non-exclusive” means that you can continue to use your Entry in any way, including allowing others to use it. Sponsor cannot guarantee that your Entry will be used by Sponsor and reserves the right to edit or refuse to use your Entry. Sponsor may use your Entry without attributing it to you personally. Furthermore, each entrant agrees that Sponsor may, without any limitation or further compensation, use his or her name, voice and/or likeness in any and all media for the purpose of advertising and promoting the eBay Inc. websites, O-Hack, or any other promotion, sponsored by the Sponsor. Neither entrants nor winners shall be entitled to receive any compensation or credit for use of Entries, other than that disclosed in these Official Rules.
By submitting an Entry, Eligible Participants, who are eBay Inc. employees and non-employees, acknowledges and agrees that Sponsor may obtain many entries in connection with this and/or other competitions staged and/or promoted by the Sponsor, and that such entries may be similar or identical in theme, idea, format or other respects to other entries submitted in connection with this Competition and/or other competitions sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Entry, or that any compensation is due to entrant in connection with such entry or other works used by Sponsor. By submitting an Entry, entrant hereby grants permission for the Entry to be posted on a eBay Inc. website or other websites. Entrant agrees that Releasees are not responsible for any unauthorized use of Entries by third parties. Releasees do not guarantee the posting of any Entry.
- REPRESENTATIONS AND WARRANTIES: Entrant represents and warrants the following: 1) he/she is the original author (or represents and warrants that the owner of such rights has expressly granted any and all rights to the entrant) of any and all Entry materials posted, uploaded, or otherwise sent to eBay Inc. (modifying, enhancing or altering a third party’s pre-existing work does not qualify as entrant’s original creation), and if entrant is an eBay Inc. employee, that any and all rights belong to eBay Inc.; 2) the Entry will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Entrants are prohibited from posting, uploading, or otherwise sending to eBay Inc. any Entry material that infringes on any copyright, trademark or proprietary rights of another (including publicity and privacy rights); 3) that the submission is not the subject of any actual or threatened litigation or claim; 4) that the Entry material is not obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violate any law; 5) that publication of the Entry via various media including web posting, will not infringe on the rights any third party rights. If Sponsor has reason to believe your Entry is not your own work, then Sponsor may invalidate your Entry into the Competition. You will indemnify and hold Sponsor harmless from any claims in relation to your Entry.
Entrants who are not eBay Inc. employees acknowledge that nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor. In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.
10. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS EBAY INC. (“SPONSOR”), ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE COMPETITION OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO O-HACK OR THE PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY EBAY INC. WEBSITE AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. THE PROVISIONS REGARDING IMPLIED WARRANTIES ARE VOID IN SOME PROVINCES WHERE IMPLIED WARRANTIES ARE PRESCRIBED BY LAW. Releasees are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, inability to upload an application or complete and submit an online form, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of Entry information, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Competition or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in o-Hack. Entry materials that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of O-Hack at any time without notice, if in the judges’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the O-Hack, or if any virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of O-Hack or for any other reason in its sole discretion. In such event, Sponsor may void any Entries they suspect are at issue and award the prize from among all non-suspect eligible entries received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE EBAY INC. WEBSITES OR ANY ONLINE SERVICE RELATED TO O-HACK OR TO UNDERMINE THE LEGITIMATE OPERATION OF O-HACK MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or any other provision. Sponsor reserves the right to disqualify any entrant who violates the rules or interferes with O-Hack in any manner. Any attempt by an individual to access any website associated with O-Hack via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
Without limiting the generality of the foregoing, each Eligible Participant agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the Entry.
The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend O-Hack, or to amend these Official Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind, or for any other reason.
11.DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with O-Hack, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any event-related materials, including, but not limited to: eBay Inc. websites and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Official Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of O-Hack as contemplated in these Official Rules.
12. WINNERS’ LIST: For the names of the winners or winning teams, available after October 31, 2014, mail a self-addressed, stamped envelope by October 31, 2014 to: eBay Opportunity Hack Winners, 2211 N.First St, San Jose, CA 95131.
13. SPONSOR: The Sponsor of O-Hack is eBay Inc., 2211 N.First St, San Jose, CA 95131