This General Terms and Conditions & Participation Agreement (hereinafter “Agreement“) constitute a binding agreement between each Participant, as defined below, and Zeniq Technologies (hereinafter “Zeniq”). Please read them carefully.
By registering and participating in Zeniq’s Hackathon, organized by BeMyApp (hereinafter “BeMyApp”), the Participant (hereinafter “Participant”) confirms to have read, understood and accepted this Agreement.
For the avoidance of any doubt, the Participant acknowledges and agrees:
ARTICLE 1 – ORGANIZATION OF ZENCON
BeMyApp, a French company whose registered office is located 18 Boulevard Michelet, 13008 Marseille, France – company registration number B 523 824 258 (Marseille RCS) – is organizing on behalf of the company Zeniq Technologies Ltd, a UAE Limited Liability company, whose registered office is located at Damac Park Towers, Office B-114, Dubai International Financial Center, Dubai, United Arab Emirate, company registration number CL4742, a hackathon called ZENCON (hereafter referred to as “ZENCON”).
ARTICLE 2 – OBJECTIVE OF ZENCON
The aim of ZENCON is to develop, design, build and demo a real-world software solution, in teams and over a limited amount of time, around the following topic: Zeniq Blockchain.
ARTICLE 3 – PARTICIPATION PROCESS
Participation in ZENCON is free of charge and without any purchase obligation.
The hackathon will take place from June 3rd 2022 to June 8th 2022 on playa del Carmen (Mexico).
ZENCON is open to all individuals who:
(i) are over the age of 18;
(ii) own a blockchain-based wallet address;
(iii) have IT skills, technical skills, design skills, or marketing skills; and
(iv) have their own computer hardware in working order throughout the duration of ZENCON (hereafter referred to as “Participant/s”).
Employees and external service providers of Zeniq and BeMyApp and/or their affiliates, and members of their families, as well as anyone who has directly or indirectly contributed to the conception, organization, or realization of ZENCON, are ineligible to take part in ZENCON.
Phase 1: Registration process
Each candidate guarantees that the information entered during his/her application to ZENCON is complete and accurate. Any false, incorrect or incomplete information will automatically result in the application being rejected.
Participation in ZENCON is strictly personal and the Participant cannot, under any circumstances, be replaced. Each registration in the hackathon is individual, and only one registration per person is allowed.
Zeniq reserves the right to reject an application at any time if the profile of the Participant does not comply with ZENCON standards.
Phase 2: “Ideation” Online platform
Phase 3: Selection
Phase 4: Beginning of ZENCON
Phase 5: Start of work on the projects
Phase 6: Evaluation and presentation of the prototype
Phase 7: Jury’s selection and ZENCON results
ARTICLE 4 – DETERMINATION OF WINNERS
The top 5 best prototypes will be determined by a jury of 5 to 8 members, who will rate the projects. The jury will be integrated by members of Zeniq and external stakeholders and will designate the winners on 7/6/22 near 7pm.
The winners will be selected from among the Participants who actually:
The jury will select the winning Teams based on the following criteria:
Jury decisions are final and cannot be challenged.
ARTICLE 5 – PRIZES AWARDED
Digital monetary prizes: a total of five prizes will be awarded for a total amount of one hundred thousand (100,000) USDC coins. Each of the five winning Teams will receive the sum of twenty thousand (20,000) USDC coins divided equally between each member of the winning Team.
The gained prizes are neither exchangeable nor refundable against their cash value. Zeniq reserves the right, if circumstances so require, to replace the prizes with others of equivalent value, without liability being incurred thereby.
The prizes will be divided evenly amongst Participant team members. BeMyApp and Zeniq are not responsible for any dispute among Teams or team Participants related to the prizes. Participant is solely responsible for any applicable taxes for any prize.
Zeniq Incubation program: an incubation program might be offered to further develop the project. Participation is voluntary. If an incubation program is offered by Zeniq, the terms of this agreement will be settled amongst the team members and Zeniq.
ARTICLE 6 – PRIZE ALLOCATION
Monetary prizes will be sent by Zeniq to the winners within a maximum of thirty (30) natural days from the end of ZENCON, to the address indicated by the winners.
If the address of a winner is unusable (illegible, incomplete or erroneous), or does not comply with the FATF Travel Rule (i.e., is owner is identifiable), the latter will lose the profit of its prize.
ARTICLE 7 – COMPENSATION
Participant waives all of his/her claims regarding compensation against Zeniq due to his/her participation to ZENCON (in particular with regards to costs incurred for participation such as transport, etc.) with the exception accommodation, and the All-Inclusive Packed offered by the hotel, which will be supplied by Zeniq during the duration of ZENCON. Drinks, meals and third services requested by Participants not included in the All-Inclusive Packed shall be borne by the Participant and will be charged either in situ or at the check-out to the credit card provided by the Participant when registering (i.e., checking-in) in the hotel.
Zeniq may partially compensate the travel expenses of certain Participants, at Zeniq’s sole and absolute discretion. Travel compensations will be handled on a case-by-case basis and shall be based on the following criteria:
Travel compensations are for the sole benefit of certain pre-selected Participants. In order to receive the beforementioned compensation, Participants will be required to document the travel expenses that they may incur to attend ZENCON.
ARTICLE 8 – MODIFICATION, INTERRUPTION AND TERMINATION OF ZENCON
Zeniq reserves the right to shorten, extend, modify or terminate ZENCON, or a part of ZENCON, as a result of a force majeure event without incurring liability as a result thereof.
In such case, Zeniq will provide notice thereof to the Participants by any means of its choice (including email and/or publication on the Website), and, if the need arises, will communicate to the Participants the new rules applicable or the new ending date of ZENCON, as the case may be. Each Participant may notify Zeniq by email that s/he refuses the new conditions of the Agreement, in which case s/he will be excluded from participating, which s/he expressly accepts. If no refusal is communicated to Zeniq within 72 hours, the new Agreement will be deemed to have been accepted by Participants.
In case of a modification to the Agreement, cancellation or interruption of ZENCON, or a reduction or an extension of its length, Zeniq waives all liability and Participants will not be entitled to any compensation.
ARTICLE 9 – FRAUD
Zeniq may cancel all or part of participations in ZENCON if it appears that fraud has occurred in any form whatsoever, in particular computer fraud, during ZENCON. Zeniq reserves, in this case, the right not to award prizes to fraudsters, to disqualify the concerned prototype project and/or to bring actions against the authors of these frauds. Zeniq shall not incur any responsibility towards the Participants because of the committed frauds.
Under no circumstance will Zeniq or cannot be liable in case of damage, whether material or immaterial, caused during ZENCON and thereafter, to the Participants, to their computing equipment, or to the data, including consequences which may ensue from it on their personal, professional or commercial activity.
ARTICLE 10 – EXPLOITATION RIGHTS AND INTELLECTUAL PROPERTY
Property rights to prototypes developed during ZENCON are reserved to Participants. Notwithstanding the foregoing, Participants agree to and hereby provide Zeniq a paid-up, royalty-free, perpetual, non-exclusive, worldwide license to use the prototype without any reference, liability or compensation to the Participant.
If the Participants wish to assign their rights, they shall first offer to Zeniq the option to acquire the rights in their prototypes. The conditions of this assignment of rights shall be defined by way of a separate agreement between Zeniq and the Participants.
Participants may receive access to certain proprietary software, APIs, and/or other copyrighted materials, including pictorial, audio, video and/or audiovisual content owned by Zeniq or its parent/affiliate companies, partners or licensors. Participant acknowledges and agrees that the proprietary information is made available for use in developing a prototype and solving a challenge and not for any commercial purpose.
During ZENCON, the Participants shall only use Zeniq proprietary information or third elements clear of any rights. The prototype shall not infringe any intellectual property right or images right. Each Participant warrants to Zeniq that their creation does not infringe in any way any third-party rights.
By joining ZENCON, Participants expressly authorize Zeniq, for free, to publish, communicate, exhibit and disclose orally, graphically or in writing, prototypes presented during ZENCON. Each Participant agrees to be mediatized (portfolio, website, etc.) and authorizes Zeniq, for free, to present all the works realized on all the communication media used in support of this ZENCON as well as to mention names, first names and images of the Participants.
Participant shall not acquire any full or partial right of any kind on the name and trademark “ZENCON” nor on any names and/or brands associated with Zeniq, used alone, in association with or as part of another word or name, or any rights on trademarks, names or logos of Zeniq, or any of its associated or related companies.
ARTICLE 11 – IMAGE RIGHTS
The Participants may be filmed or photographed during the event. By joining ZENCON, the Participants agree to the use and the distribution of their image by Zeniq, including for promotional events occurring after ZENCON. The production and distribution of films and photographs of the event will not lead to any compensation to the Participants.
ARTICLE 12 – CONFIDENTIALITY
During ZENCON Participant may gain knowledge about certain confidential information (i.e., Zeniq business activities, products, services and/or technical expertise). Participant shall not divulge, use or make copies of any confidential information, and acknowledges the confidentiality of certain Zeniq propietary information and documents which have been shared with him/her throughout ZENCON.
During the whole duration of ZENCON, the Participant will not directly or indirectly use or share any information with any third party, unless s/he has obtained a written authorization to do so, delivered by Zeniq beforehand. This applies to information shared with him/her by Zeniq or shared with him/her indirectly upon the execution of this Agreement.
The Participant commits to delivering any document containing confidential or proprietary information shared with the Participant upon the execution of this Agreement, on Zeniq’s simple request. This confidentiality agreement is valid for 24 months from the start of the Second Phase mentioned in this Agreement.
ARTICLE 13 – PROTECTION OF PERSONAL DATA
The collection and processing of personal data relating to the Participant by Zeniq is primarily intended to ensure that ZENCON will be properly completed and in particular to allow Zeniq to contact the winner and to award them the prizes in an efficient way and, if the case arises, to publish the list of the winners.
Participants have the right to access, update and/or obtain deletion of their data by requesting directly to BeMyApp at the address 86 rue de Charonne, 75011 Paris or by going to data.bemyapp.com.
ARTICLE 14 – LIABILITY RELEASE, RESPONSIBILITY AND INDEMNITY
Under no circumstance will Zeniq or BeMyApp be liable for any direct, incidental, indirect, special or consequential damages, whether material or immaterial, caused in connection with, arising out of or relating in any way to ZENCON and/or this Agreement. Participant shall indemnify and hold Zeniq or BeMyApp and its officers, directors, employees, successors and assigns harmless against any claims, losses, damages, liabilities and expenses (including reasonable attorneys’ and other professionals’ fees) incurred by Zeniq or BeMyApp in connection with, arising out of or relating in any way to ZENCON and/or this Agreement. Furthermore:
ARTCILE 15 – CODE OF CONDUCT
ZENCON seeks to provide a harassment-free experience for everyone, and we do not tolerate harassment of Participants in any form. Participant agrees to be professional and respectful to all other Participants. Participants violating this rule may be sanctioned or expelled from the event at the discretion of Zeniq and/or BeMyApp.
ARTICLE 16 – APPLICATION OF THE TERMS AND CONDITIONS
This document is accessible on the event website https://zencon.bemyapp.com/; https://platform.zencon.bemyapp.com; https://zencon.io during the full duration of ZENCON.
Participation in ZENCON implies full acceptance without reservation of the Agreement.
Failure by Zeniq to enforce the Agreement will not constitute a waiver of that provision or any other provisions of the Agreement.
Any claim relating to ZENCON will be barred after the period of six (6) months from the deadline for the participation submission stipulated in Article 3 ” Phase 1: Registration process”.
This Agreement shall be governed by and construed under the laws of Dubai International Financial Center (“DIFC”). Any contractual and non-contractual disputes in connection with them shall be governed by, construed and take effect in accordance with DIFC law. Any dispute arising out of or in relation to the Terms and Conditions shall be firstly brought to an amicable settlement before the DIFC‐LCIA Arbitration Centre.
In case of failure to reach an amicable settlement, the parties submit to the exclusive jurisdiction of the DIFC courts to decide and settle any claim, dispute or matters arising out of or in connection with the T&Cs or established by them (whether contractual or non-contractual).