Hackathon Submission and Intellectual Property Assignment Agreement
1. Parties and electronic acceptance
This Agreement is between MyChoice Financial Inc., 29 Fraser Ave, Unit 4, Toronto, Ontario, M6K 1Y7 (“MyChoice”, “we”, “us” or “Organizer”) and the individual who accepts this Agreement and submits a Hackathon submission (“you” or “Participant”).
By selecting the required checkbox on the submission form and submitting your Submission, you confirm that you have read, understood and agree to this Agreement. Your checkbox acceptance, together with the submission record, is intended to be your electronic signature to this Agreement. You agree that the Organizer may retain a record of the acceptance, including the Agreement version, submission ID, name and email supplied through the submission form, and acceptance timestamp.
2. Eligibility and individual participation
You confirm that you are entering as an individual, are an Ontario resident at registration, during participation and at submission, and have the legal capacity and authority to enter into this Agreement. Team, shared, joint or representative submissions are not permitted unless the Organizer has expressly approved them in writing.
3. Definitions
“Submission” means everything you submit or make available to the Organizer in connection with the Hackathon, including code, models, prompts, documentation, designs, recordings, demonstrations, reports, workflows, inventions, discoveries and other materials.
“Challenge Materials” means all materials created by you specifically for the Hackathon, excluding properly disclosed Pre-Existing Materials.
“Pre-Existing Materials” means materials created independently by you before the Hackathon and clearly identified in writing in your Submission, together with their applicable licences.
4. Personal-use challenge
The Hackathon is for a personal-use prototype only. You may build an assistant for your own Ontario auto-insurance shopping needs, subject to the Hackathon brief and rules. It is not a service for friends, family, customers or the public.
You may not sell, license, market, publish for public use, operate, or authorize others to operate the Submission or a materially similar insurance-quote service based on the Challenge Materials without the Organizer’s prior written consent. This restriction does not prevent you from using your general skills, experience and unaffiliated know-how, provided you do not use or disclose Challenge Materials or the Organizer’s confidential information.
5. Assignment of Challenge Materials
In consideration of the opportunity to participate in the Hackathon and potential prize consideration, you irrevocably assign to the Organizer all of your worldwide right, title and interest in and to the Challenge Materials, including all copyright, patent rights, design rights, trade-secret rights, database rights and other intellectual-property rights, whether now known or developed later.
This is a present assignment of future rights and takes effect automatically as the Challenge Materials are created. You will execute further documents and reasonably assist the Organizer, at the Organizer’s expense, if needed to confirm, register, protect or enforce those rights.
6. Pre-Existing Materials
You retain ownership of properly disclosed Pre-Existing Materials. To the extent that any Pre-Existing Materials are incorporated into, required to use, or reasonably necessary to modify the Submission, you grant the Organizer a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable licence to use, reproduce, modify, distribute, commercialize and otherwise exploit those materials as part of, or in connection with, the Submission and related products or services.
You must identify all Pre-Existing Materials and third-party, open-source, model, dataset, API and content licences that apply to the Submission. You must not include materials subject to terms that prevent the Organizer from exercising the rights granted in this Agreement.
7. Moral rights
To the fullest extent permitted by law, you waive all moral rights that you may have in the Challenge Materials in favour of the Organizer and anyone the Organizer authorizes.
8. Your representations
You represent and warrant that:
- you created the Submission yourself, except for properly disclosed third-party materials;
- you have the right to enter into this Agreement and grant the rights described in it;
- the Submission does not knowingly infringe another person’s intellectual-property, privacy, publicity, contractual or other legal rights;
- you have not included another person’s personal information, driver’s-licence information, insurance information, credentials, call recordings or confidential information in the Submission; and
- you have complied with the Hackathon brief, applicable law and the applicable terms of any third-party service you used.
9. Safety, privacy and insurance boundary
You must not bypass CAPTCHAs, bot controls, authentication, rate limits or other access controls; impersonate another person; submit fabricated licence information; bind coverage; submit payment information; or present an estimate, lead form or callback promise as a firm quote.
The Submission is a prototype for obtaining and comparing information. It must not sell insurance, bind coverage, provide licensed advice or decide which coverage is suitable. Commercializing an automated insurance-quote product without the required permissions may create insurer, provider, privacy, telemarketing and regulatory risk.
10. No compensation, employment or obligation to use
Participation does not create employment, a partnership, a joint venture, agency or other business relationship. The Organizer is not required to use, commercialize, compensate, interview, hire or award a prize to any Participant or Submission. Any prize is subject to the event rules and eligibility requirements.
11. No confidentiality obligation
Do not submit sensitive personal information, unredacted recordings, credentials or confidential information belonging to another person or organization. Unless the Organizer expressly agrees otherwise in writing, the Organizer has no obligation to treat a Submission as confidential.
12. Indemnity
To the extent permitted by law, you will indemnify and hold harmless the Organizer and its directors, officers, employees, contractors, affiliates and representatives from claims, losses, damages, liabilities and reasonable legal expenses arising from your breach of this Agreement, your Submission or your unlawful or unauthorized conduct. This does not limit liability that cannot legally be excluded.
13. Governing law
This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable in Ontario. The courts of Ontario will have exclusive jurisdiction over any dispute arising from this Agreement, except where applicable law requires otherwise.
14. General
If any provision is unenforceable, the remaining provisions will continue in effect. This Agreement and the Hackathon brief form the entire agreement between you and the Organizer regarding the Submission and replace earlier discussions on that subject. The Organizer may update this Agreement before submission; the version linked at the time you accept it governs your Submission.
Questions about this Agreement can be sent to info@mychoice.ca.