Intellectual Property Policy

PLEASE READ CAREFULLY THIS INTELLECTUAL PROPERTY POLICY AND THE COMPETITION RULES BEFORE SUBMITTING A REGISTRATION FORM OR AN ENTRY TO THE CONTEST.

IN ORDER TO AVOID MISUNDERSTANDING BETWEEN YOU AND THE PRESENTERS, YOU AGREE AND UNDERSTAND THAT THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR SUBMISSIONS OF ENTRIES TO THE PRESENTERS AS A PART OF THE CONTEST:

By submitting an Entry (as said term is defined in the Competition Rules) to the Contest, you agree and accept to grant to El Día, Inc. and/or APEX Technologies, Inc. (collectively, the “Presenters”), and to their respective shareholders, licensees, parent companies, subsidiaries, and affiliates, a worldwide, fully paid-up, royalty-free, non-exclusive, perpetual and irrevocable license to copy, reproduce, publish, distribute, make, sell, modify, adapt, incorporate into collective works, publicly display, publicly perform, sublicense, technologically manipulate, disseminate, broadcast, create derivative works and generally use, in any manner now known or hereafter to become know, all or any portion, alteration or derivation of the ideas, disclosures, proposals, solutions, submissions, concepts, materials, documentation, and entries made you and/or your teammates related to the Contest, including but not limited to any software (including its object code and source code), algorithms, techniques, concepts, methods, processes, and ideas contained therein (collectively, the “Work” or “Works”).      

By submitting an Entry to the Contest, you understand, agree and accept that the Presenters shall not be requested or obligated to file or prosecute any patent application, any copyright registration or any other similar filings on you behalf.  You shall be solely and entirely responsible, at your own costs and expense, for the filing/prosecution of any patent application, any copyright registration or any other filing related to the protections of your rights over the Works. 

Your rights to the ideas you submit to the Presenters shall be measured and defined by the protection that may be obtained from the patents issued under the laws of the United States of America.  In the absence of an issued patent to any other parties, or in case you subsequently are issued a patent based on the work performed for this Competition, you agree to grant the Presenters, and their respective shareholders, licensees, parent companies, subsidiaries, and affiliates, the right to use any idea submitted by you for any purpose without any payment or other obligation by the Presenters, and their respective shareholders, licensees, parent companies, subsidiaries, and affiliates, to you whatsoever.

By submitting an Entry to the Contest, you warrant and represent that: you have or will have full and sufficient rights and authorization to grant the indemnities, consents, authorizations, licenses, releases and waivers required under the Competition Rules or under this Intellectual Property Policy; you have made no agreements, grants, assignments, or commitments which will conflict with or impair the complete enjoyment of the rights and privileges granted to the Presenters and to their respective shareholders, directors, officers, employees, licensees, parent companies, subsidiaries, and affiliates; that your Works are or will be original and that you are the sole and exclusive owner and rights holder of the submitted Works; that the Works do not infringe any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; that the Works do not infringe or violate any applicable laws or regulations; that there is no claim or action pending, outstanding or threatened which might in any way prejudice the rights granted or to be granted to the Presenters and to their respective shareholders, directors, officers, employees, licensees, parent companies, subsidiaries, and affiliates; and that you own and posses all necessary rights to submit the Works in the Contest and grant all representations and warranties, indemnities, consents, authorizations, licenses, releases and waivers required or established under the Entry form, the Competition Rules and this Intellectual Property Policy. 

Moreover, by submitting an Entry to the Contest, you warrant and represent that any software, hardware, repository or material that you use, download, receive or obtain in connection with your participation in the Contest  will be used in accordance with its applicable license  and contractual terms and conditions.

By submitting an Entry to the Contest, you agree and accept that the Presenters will not be requested or obligated to treat your Entries and/or Works as secret or confidential, and that the disclosures by you do not establish a confidential relationship, obligation of confidence or other obligation of any kind between you and the Presenters.  This provision applies also to all additional Entries and/or Works made incidental or in supplement to the original.

Ideas similar to your Works may have been previously developed by the Presenters, its employees or contractors, or could be present in the files or in prior patents or patent applications owned by the Presenters or by other persons.  The Presenters are to be under no obligation to reveal their activities of the same or similar nature to yours, any patent information or the results of their investigations.

The review by the Presenters of your Works shall not change any of the terms and conditions of this Intellectual Property Policy and/or the Rules under which the Presenters received your submissions or constitute an admission by the Presenters of the value, originality or novelty of your Works or of your ownership of an idea.

You are hereby advised to examine and review the applicable intellectual and industrial property policies of your academic institutions in order to assure compliance with any applicable requirements. THE PRESENTERS ARE NOT RESPONSIBLE FOR VERIFYING COMPLIANCE WITH THE REGULATIONS OF YOUR ACADEMIC INSTITUTION AND you EXPRESSLY UNDERSTAND AND AGREE THAT THE PRESENTERS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUCCESORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PRESENTERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY INFRINGEMENT OR VIOLATION OF SUCH REGULATIONS.  If, pursuant to said intellectual and industrial property policies, the academic institution in which you are currently enrolled retains or is entitled to any rights over the Works, you shall be solely responsible to obtain prior written consent (in the form provided by the Presenters) whereby said entity accepts and agrees to be bound by the Competition Rules and this Intellectual Property Policy, and to grant to the Presenters and to their respective shareholders, directors, officers, employees, licensees, parent companies, subsidiaries, and affiliates any and all licenses, indemnities, warranties and any other covenant required therein.   

In addition to any other particular requirements established or to be established in the future by the Presenters, any and all Works submitted as a part of the Contest must not:

a.         contain any software viruses, Trojans, worms, spywares, or any other computer codes, files or programs that could interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

b.         allow, permit or facilitate the uploading, posting, emailing, transmittal or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including but not limited to junk mail, spam,  pyramid or “ponzi” schemes, or any other form of solicitation;

c.         incorporate any e-mail harvesting or “phishing” methods; and/or

d.         incorporate any material that infringes any patent, trademark, trade dress, copyright, trade secret, privacy rights, intellectual property rights, and/or any other proprietary rights of third parties.