2021 Delphix Innovation Contest Official Rules

2021 Delphix Innovation Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR TO WIN. ALL NATIONAL, FEDERAL, STATE, PROVINCIAL, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

  1. Sponsor: The 2021 Delphix Innovation Contest (the “Contest”) is sponsored by Delphix Corp. (“Sponsor”), 1400A Seaport Blvd., Suite 200, Redwood City, CA 94063.
     
  2. Overview: Sponsor is hosting a hackathon contest whereby eligible individuals, organizations and/or teams shall submit ideas for a creative way to accelerate business by using and/or developing upon Delphix’s products and services using Delphix’s API to Delphix Engine found at https://docs.delphix.com/docs/developer-s-guide/web-services-api-guide (“Engine API”) and Delphix’s API to Delphix Masking found at

    https://maskingdocs.delphix.com/Extensible_Algorithms/Introduction/ (“Masking API,” together with the Engine API, the “Delphix APIs”).

  3. Dates and Timing:
    • Registration Period: May 20, 2021 (12:00 PM PDT) – June 9, 2021 (11:59 PM PDT)
    • Submission Period: June 8, 2021 (12:00 PM PDT) – June 14, 2021 (11:59 PM PDT)
    • Announcement of Winners: On or about June 17, 2021

      Sponsor’s system is the official time keeping device for the Contest.

  4. Eligibility: Subject to the additional restrictions below, the Contest is open to legal residents of the fifty (50) United States and the District of Columbia, Canada (excluding Quebec), the United Kingdom, and wherever else the Contest is not prohibited or restricted by law. The Contest is not open to residents of Puerto Rico, Quebec, Brazil, Cuba, Iran, North Korea, Syria, the Crimea Region of the Ukraine or any other jurisdiction where the Contest and/or participation or receipt of a prize in connection with the Contest would be restricted or prohibited by law.

    The following individuals are not eligible to enter the Contest: (i) employees, representatives, agents, directors, officers, and contractors of Sponsor, and its parents, subsidiaries, and affiliated companies; and (ii) the family members of, and any persons domiciled with, any such excluded individuals in (i). The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live.

    The Contest is open only to: (i) individuals at least 18 years of age (or the local age of majority where such individual lives, if higher); (ii) teams of eligible individuals; and (iii) organizations that exist and have been incorporated or organized prior to the time of entry (collectively, the “Participants”).   

    If a team or organization is entering the Contest as a Participant, one individual must be appointed as a representative to represent, act, and enter the Contest on the team or organization’s behalf (“Representative”). The individual entering a submission into the Contest on behalf of a team or organization represents and warrants that they are the duly authorized Representative for such team or organization and have obtained all rights necessary to act on the team’s or organization’s behalf.

    The failure of any member of a team or organization to comply in any manner with these Official Rules may, in Sponsor’s sole discretion, result in the disqualification of the Participant’s teammates. By entering as a member of a team or organization, a Participant acknowledges and agrees to the following rules for teams:

    • Representative may not enter any Submission on behalf of the team or organization without the agreement of each member of the team or authorization from the organization, as applicable.
    • Each member of a team is responsible for ensuring the compliance of all team members with these Official Rules, including the compliance of any and all Submission.
    • If a Submission by a team is awarded a prize, such prize will be awarded to the Representative. It is up to the Representative to decide how to allocate the prize among the team members.
       
  5. How to Enter:

    NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.

    To enter, Participants must complete the following tasks within the Registration Period and Submission Period:

    • Submit the registration form found here within the Registration Period;
    • Create an audio-recording or video, no longer than four (4) minutes in length. The audio-recording or video should describe and demonstrate (i) your proposed use case, (ii) the software you developed that would address the proposed use case (“Solution”), (iii) the application of the Solution, and (iv) how any integrations to Delphix’s products and services and the Delphix APIs are accomplished.
    • Upload and submit the audio-recording or video of the Solution at: https://community.delphix.com/communities/communityhome?communitykey=c69d5a8a-4077-42d9-9b2d-36a372cca7c0&tab=groupdetails, and follow these instructions. Your recording or video of the Solution will be made public alongside other entries submitted by other Contest participants.  

    Collectively, the registration form and audio-recording/video are referred to as the “Submission.”

  6. Submission Rules and Guidelines:  The Solution must either be newly created for the Contest or updated during the Submission Period utilizing the Delphix toolkits found at  https://community.delphix.com/communities/communityhome?communitykey=c69d5a8a-4077-42d9-9b2d-36a372cca7c0&tab=groupdetails (“Delphix Toolkits”) and connect to the Delphix products and/or services via the Delphix APIs. The Solution must function as described in the demonstration recording/video.

    All Submission materials must be in English or Participants must provide an English translation of such materials.

    Participants may only submit one (1) Submission for consideration. For clarity purposes, if you are an eligible individual, you may enter a submission under your own name, even if your organization has entered a submission, but cannot participate as an individual or a member of a team more than once.

    Applications may utilize third-party SDKs, APIs and services, as long as the Participant has all rights necessary for such use.

    No Solution entered for consideration can be developed or derived from software developed with Sponsor’s financial aid or support.

  7. Judging Criteria: A panel of qualified judges will select one (1) winner from the eligible submissions based on the judging criteria described below:
    • Integration of Delphix (30%) - How much are Delphix’s products/services contributing to Participant’s use case?
    • ESG Factor (25%) - How well does the Solution contribute toward Environment, Social, or Governance initiatives?
    • Innovativeness of the Use Case and Solution (25%) - How original & creative is the use case and Solution? 
    • Business Potential (20%) - How well does the Solution address the use case? Does the Solution have broad applicability? Does it have business value?
       
  8. Prize: One (1) winner will receive:
    • $1,000 gift card
    • A commemorative plaque

    The right to receive the prize cannot be transferred or assigned. No prize substitution is permitted, except at the sole discretion of the Sponsor.

    The winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize. The winner agrees and acknowledges that Sponsor may be required to withhold and remit a portion of prize value to comply with applicable tax laws. The winner also agrees to provide Sponsor with a valid social security number or any other information Sponsor may require in connection with applicable tax reporting or withholding requirements or other laws or regulations.

  9. Winner Notification; Acceptance:

    Sponsor will attempt to notify the winning Participant via email, at the email provided in the Submission on or about June 17, 2021.

    A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S (INCLUDING INDIVIDUALS ON A TEAM’S) ELIGIBILITY.

    In order to claim a prize, a potential winner must respond to Sponsor’s notification within five (5) business days by emailing Sponsor at innovation-contest@delphix.com  or as otherwise requested in the prize notification communication. The potential winner, including all team members connected with the winning Submission, may be required to complete an affidavit of eligibility and/or provide other documentation Sponsor reasonably requires to verify eligibility and compliance with these Official Rules, as well as a liability and publicity release (except where prohibited by law). Required documents must be notarized, if applicable, and returned within five (5) business days.

    Sponsor’s inability to reach a potential winner after a reasonable (as solely determined by Sponsor) effort has been made, the failure of a potential winner to timely respond to a prize notification, the return of any prize notification as undeliverable, and/or a potential winner’s failure to comply with any term or condition of these Official Rules may, in Sponsor’s sole discretion, result in the potential winner’s disqualification. Sponsor in its sole discretion may select a substitute winner by awarding the prize to another member of a winning team or by awarding the prize to the eligible Submission that received the next highest score according to the judging criteria. If Sponsor makes a reasonable effort to select another potential winner and that winner does not respond or is ineligible, the prize will not be awarded and will remain the property of Sponsor.

    A winner may waive the right to receive a prize. Prizes are non-assignable and nontransferable. No prize substitution is permitted, except at the sole discretion of the Sponsor.

  10. Intellectual Property:
    1. Definitions: Before you read this section, there are a few other terms you need to know. 
      1. Intellectual Property Rights” means all current and future worldwide common law and statutory rights associated with: (i) patents and patent applications, (ii) copyrights, copyright registrations and copyright applications, (iii) “moral” rights, (iii) the protection of trade secrets and confidential information, (iv) logos, trademarks, trade names and service marks, and (v) any other proprietary rights in Materials, including any analogous rights to those set forth above, whether arising under the laws of the United States of America or any other state, country or jurisdiction.
      2. Materials” means any of the following: (i) works of authorship including papers, code, documentation, files, or databases, (ii) inventions and discoveries (whether or not patentable), (iii) confidential information, trade secrets and know-how, (iv) technology, tools, methods and processes, and (v) any and all improvements or embodiments of the items in (i)-(iv).
    2. Ownership: Sponsor owns all the rights, including all Intellectual Property Rights, in any Materials owned or made available by Sponsor to Participants (“Sponsor IP”). Participants own all Intellectual Property Rights in anything Participants develop completely on their own without Sponsor’s assistance in connection with this Agreement (the “Participant IP”), subject to Sponsor’s rights in the Sponsor IP and the other rights and restrictions in these Official Rules. Both parties reserve all rights not granted in this Agreement.
    3. License to Participants: The Engine API shall be made available to Participants pursuant to the open source license found at pypi.org. In addition, during the Submission Period, Sponsor grants Participants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Masking API solely for use in connection with the Contest in the development of the Solution. Participants will not, and will not permit any other party to: (a) allow any third party to access the Masking API, except as expressly allowed herein; (b) modify, adapt, alter or translate the Masking API; (c) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the Masking API for the benefit of any unauthorized third party; (d) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Masking API, except as permitted by law; (e) interfere in any manner with the operation of the Masking API or the hardware and network used to operate the Masking API; (f) modify, copy or make derivative works based on any part of the Masking API; (g) access or use the Masking API to build a similar or competitive product or service; (h) attempt to access the Masking API through any unapproved interface; or (i) otherwise use the Masking API in any manner that exceeds the scope of use permitted under these Official Rules or in a manner inconsistent with applicable law or these Official Rules.   
    4. License from Participants: One of the reasons Sponsor is sponsoring this Contest and permitting access to the Delphix APIs and Delphix Toolkits is that Sponsor may want to use or develop similar programs to some of the things Participants create or develop in connection with this Contest. Therefore, Participants hereby grant Sponsor the following non-exclusive license: a worldwide, transferable, sublicensable, fully-paid up, royalty-free, irrevocable, perpetual license under all Intellectual Property Rights in the Participant IP, including without limitation all materials portrayed, embodied, portrayed, depicted and included in the Submissions, to use, modify, copy, distribute, perform display, and create derivative works of the Participant IP, and make or have made, sell, import, and use any Participant IP for any of our business purposes and in any media, form or device now known or hereafter devised.
       
  11. Publicity Release: Except where prohibited by law, by accepting a prize, the winner hereby grants Sponsor and its representatives an irrevocable, perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winner’s name and information about the prize award, in any way, at any time, in any and all media, including without limitation, for use in advertising and marketing, without any additional approval or consideration.  By accepting a prize, the winner represents and warrants that he or she has the right to grant the foregoing license.
     
  12. Termination; Modification: In the event the Contest is not capable of running as planned for any reason, including without limitation, due to a compromising computer virus or bug, non-authorized human intervention, tampering, fraud, technical failures, pandemic infections, governmental orders or other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, schedule or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify, or terminate the Contest. Should the Contest be terminated prior to the end date, Sponsor reserves the right to award the prize based on Submissions received before the termination date. Proof of sending or entering any Submission will not be deemed proof of receipt by Sponsor.
     
  13. Indemnification; Limitation of Liability: Neither Sponsor, its affiliates, Contest judges, nor any other party assisting Sponsor in the operating the Contest (the “Contest Parties”) assume any liability and are not responsible for, and by entering the Contest, you (and your team or organization) hereby waive and release the Contest Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Contest and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, mobile device, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate data transmission, winner notifications, prize claims or other information or communications relating to the Contest, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, winner notifications or other announcements or communications relating to the Contest. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only the number of prizes stated in these Official Rules. In no event will more than the stated number of prizes be awarded.

    By entering a Submission, you (and your team or organization) agree to indemnify and hold the Contest Parties harmless from any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach by you (or your team or organization) of the terms and conditions of these Official Rules, including any representations and warranties.

    LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT OR MEMBER OF A TEAM, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

    Sponsor may prohibit any individual or organization from participating in the Contest or winning the prize if, in its sole discretion, it determines that said individual or organization is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other participants or any Contest Parties.

  14. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of entrants and the winner, and the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
     
  15. Additional Terms: You (and, if you are entering on behalf of a team or organization, each participating member) agree that Sponsor’s privacy policy and terms of service apply to your participation in the Contest. By participating, you represent and warrant that you have read and agree to Sponsor’s privacy policy located at Privacy Policy | Delphix  and Sponsor’s terms of service located at Terms of Use | Delphix .
     
  16. Contact: A copy of these Official Rules and the name of the winner may be obtained by sending an email request to  innovation-contest@delphix.com.

    If you have any questions or comments, please contact Sponsor at innovation-contest@delphix.com.