Terms and conditions for the Launchmetrics Hackathon

Launchmetrics France SA (the “Organizing Company”) as part of the Launchmetrics Group (“Launchmetrics”) is pleased to host “Beauty Hacks: The Data Hackathon by Launchmetrics”  taking place from the 17th - 21st November 2022 (“Hackathon”). 

As a Participant in the Hackathon, you are subject to the rules, guidelines, and code of conduct set forth in these Hackathon Terms and Conditions (“T&Cs”) below in addition to all other applicable documents. By participating in the Hackathon, you (“Participant”; ‘’they” and together with Launchmetrics the “Parties”) fully agree to comply with all rules, instructions, and procedures set forth by the Hackathon organizers. Further, you hereby agree and understand that any violation of the Hackathon guidelines may be subject to consequences at the sole discretion of the Organizing Company, including but not limited to revocation of prizes, ejection from the  Hackathon. 

Hackathon Objective

This Hackathon’s mission is to promote innovation between the beauty and technology industries, creating synergy between the two for brand strategy moving forward. It supports brands and industry professionals in the development of Beauty Tech, and emphasizes the importance of AI and deep learning algorithms outputs to identifying best practices and predicting the effectiveness of instagram content. The Hackathon is an event bringing together a community of students and industry professionals alike across computer science, data analytics, business, marketing, and project management, which has the following objective to allow mixed teams - made up of tech and non tech experts - to develop their beauty-tech innovation project.

Participation and Eligibility

The Hackathon is open to any natural person aged eighteen (18) years or over. The Participant must enter the competition and register for the Hackathon through this landing webpage and follow the following instructions: 

• Enter the website; 

• Fill in all the required fields of the form. 

• Agree to these T&Cs, the Release Terms, and the Privacy Policy and submit their entry online. 

The data provided by the Participant must be truthful and owned by them, otherwise, they will be excluded from participating in the Hackathon.

Jury, prize, and awards

The Submissions are evaluated by a jury composed by Launchmetrics and the sponsor or partners of this Hackathon. The final composition of the jury will be made public on the day of the opening of the Hackathon or as otherwise available, and can be modified at any time by Launchmetrics in case of unavailability of one of the jury members.

At the end of the Hackathon, each team will present their solution to the Hackathon jury. The jury will decide on the winning Submission. All decisions will be final. 

The content and value of the prize will be communicated to the teams once they have once constituted and during the Hackathon.

Privacy

By participating in the Hackathon, Participants agree that their personal data provided as part of the Hackathon may be used in accordance with the General Data Protection Regulation for the purposes of the Hackathon in order to manage the event and for commercial purposes (for more information, please refer to the Privacy Policy). Your data will not be disclosed to third parties. The processing of your data for the management of this Hackathon is legitimized in the consent that you give us when you request your participation in it. The processing of your data to send you commercial information is based on the legitimate interest of Launchmetrics. You can freely oppose receiving these commercial communications without this conditioning your participation. Likewise, we inform you that your data will be kept as long as you do not object to their processing for the purposes indicated. You may exercise your rights of access, rectification, deletion, opposition, portability, and limitation of the processing of your data by contacting Launchmetrics through the mail dpo@launchmetrics.com, providing documentation proving your identity; as well as by contacting Launchmetrics France SA, 16-18 rue de Londres, 75009 Paris, providing documentation proving your identity. In any situation, you have the right to file a complaint with the CNIL.

Licensing and intellectual property rights

Each work product as part of the Hackathon (“Submission”), in which several Participants are involved, constitutes a collaborative work and should be treated as such under the applicable regulations in force. The intellectual property on the Submission will be treated in a differentiated manner according to their nature:

Protection of Pre-Existing Works

Each Party shall retain all rights to ownership or technology, information, or products developed prior to the Hackathon (“Pre-Existing Works”). To the extent that Pre-Existing Works interact or operate with the Submission, Participant shall grant Launchmetrics and its affiliates, without additional consideration, a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to use such Pre-Existing Works in connection with the Submission and to enhance, modify, adapt and/or create and use derivative works of the same. Participants are solely responsible for any protection measures they may be necessary to secure their rights.

Launchmetrics hereby grants Participant a non-exclusive, fully paid up, non-transferable license to access and use the data set provided by Launchmetrics from Insights^SM (the “Data”) solely during the Hackathon, and solely for Participant’s activities in furtherance of the Hackathon Objective described above. No other access to the Data by Participant is licensed or authorized. Without limiting the foregoing, Participant expressly agrees Participant does not have any right to: (a) permit any third party to access the Data or; (b) copy, distribute, sublicense, or otherwise provide any third party access to the Data provided pursuant to the Hackathon; (c) modify, enhance or create substantially derived forms of the Data except as expressly authorized for the purpose of this Hackathon; (d) make any usage whatsoever of the Data after the termination of the Hackathon.

Intellectual Property of Submissions

By submitting the Submission, Participant represents and warrants the following: (a) Participant will submit their personal intellectual works, never having been the object of an exploitation, a transfer, a concession, a diffusion or a publication under any form and any support whatsoever and medium whatsoever, and will not submit content that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property rights or other proprietary rights, including privacy and publicity rights, unless  Participant is the owner of such rights or have permission from their rightful owner to post the content  and to grant Launchmetrics all of the rights granted herein; (b) Participant will not publish false or misrepresentations that could damage Launchmetrics, or any third party; (c) Participant will not submit content that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil  liability, violate any law, or is otherwise inappropriate or destructive to Launchmetrics’ brand image or goodwill; and (d) the content submitted by Participant does not contain any viruses, Trojan horses, worms or other  disabling devices or harmful code. Each Participant acknowledges in this respect that it will be held solely responsible in the event of inaccuracy of this declaration. 

Participants are reminded that all information or technical elements that they hold and that are not covered by intellectual property rights are the property of Launchmetrics.

Regarding the intellectual developments that will take place during the Hackathon and by submitting a Submission, by default, the Participant, authorizes Launchmetrics and its partners and/or sponsors, free of charge, to reproduce, represent, exhibit and disclose orally, graphically for the purpose of promoting the Hackathon, excerpts of these developments, in a form to be decided between the Participant and Launchmetrics, for a period of ten (10) years from the registration to the Hackathon and for the whole world.

During the Hackathon, the members of each team are invited to list the various contributions in kind, in industry of their respective Submission. They are strongly encouraged to sign an agreement between them managing the distribution of intellectual property rights and the principles of their use if necessary. 

If a Participant joins the Hackathon as an employee, they will have to make sure to obtain the agreement of their employer on these Hackathon T&Cs.

Except as otherwise agreed by the Parties, Participant understands and agrees that Participant will not receive any compensation or credit for use of the Submission. 

Promise of assignment of right

By accepting these T&Cs, the Participants who are winners of the Hackathon and/or any other Participants grant to Launchmetrics a unilateral promise to transfer all or part of the intellectual property rights associated with the Submissions submitted during the Hackathon. This promise is subject to the following cumulative rules: (i) Launchmetrics  shall benefit from a unilateral promise of exclusive assignment for a period of two (2) years from the date of the announcement of the winners of the Hackathon or the termination of the Hackathon whichever is the latest; (ii) it is understood that the partners and/or affiliates and/or subsidiaries of Launchmetrics including the Organizing Company may benefit from this purchase option; (iii) Launchmetrics will notify the Participant in writing of its intention to exercise the option and negotiations will be conducted in good faith between the parties concerned. If the parties agree, the amount of the prize may be considered as part or all of the purchase price.

Trademarks

Launchmetrics is a registered trademark of the Launchmetrics Group. Launchmetrics’ trademarks and marks of third party vendors, sponsors and data suppliers may appear within the printed materials and electronic manifestations made available to Participants during the Hackathon. Participant has no right to use or reproduce such marks without written permission from the owner of such marks.

Liability release and indemnity

Participant agrees to release, indemnify, defend and hold Launchmetrics and its affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Hackathon, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Hackathon or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Launchmetrics’ control and/or event qualified as force majeure, such as those recognized by French jurisprudence, that may cause the Hackathon to be disrupted or corrupted; (ii) any claim than a Submission infringes third party intellectual property or proprietary rights; (iii) any disputes among team members, (iv) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Hackathon (Participants are responsible for their own insurance coverage with their own insurance); (v) theft, destruction, unauthorized access to or alterations of the Submissions or Participant’s equipments  (Participants are responsible for their own insurance coverage with their own insurance); (vi) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties, (vii) any printing or typographical errors in any materials associated with the Hackathon; technical errors that may impair your ability to participate in the Hackathon; or (viii) errors in the administration of the Hackathon.

Participants are reminded of the limits of the Internet network, particularly with regard to technical performance, response times for consulting or transferring information, network information, network overload and the risk of contamination by viruses.

Disclaimer

In no event will Launchmetrics and/or its sponsors or partners be liable to you for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in the Hackathon, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Launchmetrics or sponsors have been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing Law and Severability

These T&Cs are governed entirely by French law, without reference to rules governing choice of laws. Any dispute that cannot be settled amicably will be settled by the Commercial Court of Paris, expressly waiving any other jurisdiction that may apply depending on the place of performance of the contract or the address of the defendant (the Parties shall have the right, without having to show cause for specific damages, to seek injunctive or other interim relief for any potential or actual breach of these T&Cs, without prejudice to any other right or remedy available to either Party in question).

If any part of these T&Cs shall be adjudged by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law.

General

Launchmetrics reserves the right, in its sole discretion, to cancel, modify or suspend the Hackathon in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Hackathon is compromised, without liability to the Participants. Any compromise to the fair and proper conduct of the Hackathon may result in Participant’s disqualification, or other remedial action.