Please read the terms and accept them at the bottom of this page.
Evergreen Challenges are challenges promoted by Unearthed Solutions Pty Ltd (US) that have no fixed end date and the materials and data remain open on US for access and modification by third parties. In consideration of US allowing you to access and use US for Evergreen Challenges and or access data and materials from Evergreen Challenges, US grants to you a non exclusive, payment free licence to reproduce, modify, adapt and publish any non-confidential material (Evergreen Data) that US provides to you subject to you including a prominent notice associated with any work produced by you that uses Evergreen Data that makes a person who uses, views, accesses, interacts with, or is otherwise exposed to the Evergreen Data aware that the content was obtained form the Evergreen Data of US and that it is available under this licence. The following wording will be acceptable under this licence:
“Contains information from the [insert COMPETITION NAME] which is made available under an Evergreen Data licence from Unearthed Solutions Pty Ltd.”
COMPETITION NAME should be replaced with the name of the Competition and a hyperlink to the location of the Database. “ODC Attribution License” should contain a hyperlink to the URI of the text of this License. If hyperlinks are not possible, You should include the plain text of the required URI’s with the above notice.
1.1 General Definitions
Algorithm means any code, text, data, algorithm or series of algorithms or series of
equations, material, software, designs, documents, descriptions or specifications which is used, in whole or in part, directly or indirectly, in calculating, drafting, building, devising, calibrating, testing, evaluating, analysing or generating a Submission and building and running the associated executable code.
Competition means the competition conducted by Unearthed Solutions on behalf of the Sponsor.
Data means the data or dataset linked from the Competition Website for the purpose of use by the Entrants in the Competition.
Entrant means a participant of the Competition who meets the entry criteria outlined in clause 3.1 and has entered the Competition in accordance with clause 4 of these terms and conditions.
Host means Unearthed Solutions Pty Ltd (US) ACN 602 886 895.
Loss includes any direct, indirect, special, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, demands or suits, whether in contract, tort (including negligence) statute or otherwise and whether pecuniary or non-pecuniary. This includes but is not limited to, loss of profit, legal costs and defence or settlement costs.
Overview Section means the section labelled “Overview” on the Competition related component of the Competition Website.
Related Body Corporate has the meaning given to it in the Corporations Act 2001 (Cth).
Rules Section means part of the Competition Website titled Rules.
Submission means the material submitted by the Entrant in the manner and format specified on the Competition Website.
Unearthed Solutions means Unearthed Solutions Pty Ltd ACN 602 886 895.
1.2 Interpretation
In the interpretation of these terms and conditions, unless the contrary intention
appears:
1.2.1 The word includes or including mean includes without limitation or including without limitation;
1.2.2 A reference to a person or entity includes a reference to an individual, group of individuals, corporation, firm, association or other entity;
1.2.3 The singular includes the plural and vice versa;
1.2.4 An agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally; and
1.2.5 Headings are inserted for convenience and do not affect the interpretation of these terms and conditions.
2. Agreement to be Bound
2.1 By entering this Competition, Entrants agree to abide by these terms and conditions which constitute a binding agreement between the Entrant and Unearthed Solutions.
2.2 For the avoidance of doubt, information on how to enter the Competition forms part of these conditions of entry.
3. Personal Information Use
3.1 The Host collects personal and professional information when the Entrant registers for the Competition. All personal information of the Entrants will be used by US for the purposes of conducting this Competition. US may disclose Entrant’s personal information to its contractors and agents to assist in conducting this Competition. The Judges are bound by the National Privacy Principles as outlined in the Privacy Act 1988.
4. Disqualification of Entrants
4.1 The Judges reserve the right in their sole discretion to disqualify any Entrant who US have reason to believe has breached any of these terms and conditions, the rules laid out in the Rules Section or who has engaged in any unlawful or other improper misconduct which in the opinion of US is calculated to jeopardize the fair and proper conduct of the Competition.
5. Warranties
5.1 by entering a Submission, Entrants represent and warrant that all information entered on the Competition Website by them is:
5.1.1 true and complete to the best of their knowledge;
5.1.2 the Entrant has the right and authority to make the Submission (including any underlying code and model) and shall only include code, data or other materials that they have the right to use and release;
5.1.3 is the Entrant’s own work;
5.1.4 does not contain confidential information or trade secrets and is not the subject of a registered patent or pending patent application;
5.1.5 does not violate or infringe upon the patent rights, industrial design rights, copyright, trademarks, rights of privacy, publicity or other intellectual property rights of any person or entity; and
5.1.6 does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information.
6. Liability
The Judges shall not be liable in connection with the Competition except for the following, which cannot be excluded by law:
6.1 personal injury, illness or death of any person;
6.2 loss of, or damage to any property of the Sponsor, The sponsor’s Personnel or any third party;
6.3 infringement of any Intellectual Property Rights;
6.4 breach of confidentiality obligations;
6.5 fraud or dishonestly;
6.6 unlawful or illegal acts; or
6.7 negligent, reckless or intentional act or negligent omission.
7. Jurisdiction
The Contract is governed by and is to be interpreted in accordance with the Laws applicable in the State of Western Australia, Australia and the parties unconditionally submit to the jurisdiction of the courts in that State.
If any dispute, or claim arises under the Contract. a party will provide written notice ("Dispute Notice") to the other of the matters in dispute and the parties will meet for the purpose of resolving the dispute within 21 days after the service of the notice provided under this paragraph.
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