1. BINDING AGREEMENT
To enter the Competition, you must agree to these Official Competition Rules, which incorporate by reference the provisions and content of the Competition Website and any Specific Competition Rules above (collectively, the “Rules”). Please read these Rules carefully before entry to ensure you understand and agree. You agree that submission of an entry in the Competition constitutes agreement to these Rules. You may not submit an entry to the Competition and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and the Competition Sponsor with respect to the Competition.
A. To be eligible to enter the Competition, you must:
- register using this form
- be the older of 18 years old or the age of majority in your jurisdiction of residence;
- be not a resident of Crimea, Cuba, Iran, Syria, North Korea, or Sudan; and
- be not a person or representative of an entity under Italian/EU export controls or sanctions applicable to this specific case
If you are entering as a representative of a company, educational institution or other legal entity, or on behalf of your employer, these rules are binding on you, individually, and/or the entity you represent or are an employee. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto, including your potential receipt of a prize. You further warrant that your actions do not violate your employer’s or entity’s policies and procedures.
The Competition Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time. If you provide any false information relating to the Competition concerning your identity, residency, mailing address, telephone number, email address, ownership of right, or information required for entering the Competition, you may be immediately disqualified from the Competition.
B. Unless otherwise stated in the Specific Competition Rules or prohibited by internal policies of the Competition Entities, employees, interns, contractors, officers and directors of Competition Entities may enter and participate in the Competition, but are not eligible to win any Prizes. “Competition Entities” means the Competition Sponsor, Competition Organizer, and their respective parent companies, subsidiaries and affiliates. If you are such a participant from a Competition Entity, you are subject to all applicable internal policies of your employer with respect to your participation.
3. SPONSOR AND HOSTING PLATFORM
4. COMPETITION PERIOD
The Competition will run from the Start Date and time to the End Date and time, as set forth on the Competition Website. The Competition Period and Submission deadlines are subject to change, and Competition Sponsor may introduce additional hurdle deadlines during the Competition. Any updated or additional deadlines will be publicized on the Competition Website. It is your responsibility to check the Competition Website regularly to stay informed of any deadline changes. YOU ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN YOUR LOCATION.
5. COMPETITION ENTRY
NO PURCHASE NECESSARY TO ENTER OR WIN UNLESS OTHERWISE SPECIFICALLY INDICATED UNDER THE COMPETITION WEBSITE OR COMPETITION SPECIFIC RULES. To enter the Competition, you must register on the Competition Website during the Competition Period, and follow the instructions for developing and entering your Submission through the Competition Website. Your Submissions must be made in the manner and format, and in compliance with all other requirements, set forth on the Competition Website (the “Requirements”). Submissions must be received prior to any Submission deadlines set forth on the Competition Website.
If the Competition is a multi-stage competition with temporally separate training environment and/or leaderboard data, one or more valid Submissions may be required during each Competition stage in the manner described on the Competition Website in order for the Submissions to be Prize eligible.
Submissions are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late. Competition Sponsor reserves the right, in its sole discretion, to disqualify any entrant who makes a Submission that does not meet the Requirements.
6. INDIVIDUALS AND TEAMS
A. Individual Account. You may make Submissions only under one, unique DIAMBRA account. You will be disqualified if you make Submissions through more than one DIAMBRA account, or attempt to falsify an account to act as your proxy. You may submit up to the maximum number of Submissions per day or per week as specified on the Competition Website.
B. Teams. If permitted under the Competition Website guidelines, multiple individuals may collaborate as a team (a “Team”); however, you may join or form only one Team. Each Team member must be a single individual with a separate DIAMBRA account. You must register individually for the Competition before joining a Team. Team membership may not exceed the Maximum Team Size set forth on the Competition Website.
7. COMPETITION DATA
“Competition Data” means the data, environments or datasets available from the Competition Website for the purpose of use in the Competition, including any prototype or executable code provided on the Competition Website.
A. Data Access and Use. Unless otherwise restricted under the Competition Specific Rules above, you may access and use the Competition Data for non-commercial purposes only, including for participating in the Competition and on DIAMBRA related platforms (i.e. Socials, Discord Server), and for academic research and education.
B. Data Security. You agree to use reasonable and suitable measures to prevent persons who have not formally agreed to these Rules from gaining access to the Competition Data. You agree not to transmit, duplicate, publish, redistribute or otherwise provide or make available the Competition Data to any party not participating in the Competition. You agree to notify DIAMBRA immediately upon learning of any possible unauthorized transmission of or unauthorized access to the Competition Data and agree to work with DIAMBRA to rectify any unauthorized transmission or access. You agree that participation in the Competition will not be construed as having or being granted a license (expressly, by implication, estoppel, or otherwise) under any Competition Data, nor any right of ownership in any of the Competition Data.
C. External Data. Unless otherwise expressly stated on the Competition Website, you may not use data other than the Competition Data to develop and test your models and Submissions. The Competition Sponsor reserves the right to disqualify any participant who Competition Sponsor discovers has used or attempted to use data other than the Competition Data in connection with the Competition, or who uses the Competition Data other than as permitted by the Competition Website and these Rules.
8. SUBMISSION CODE REQUIREMENTS
A. Private Code Sharing. Unless otherwise specifically permitted under the Competition Website or Competition Specific Rules, during the Competition, you are not allowed to privately share source or executable code developed in connection with or based upon the Competition Data or other source or executable code relevant to the Competition (“Competition Code”). This prohibition includes sharing Competition Code between separate Teams, unless a Team merger occurs. Any such sharing of Competition Code is a breach of these Competition Rules and may result in disqualification.
B. Public Code Sharing. You are permitted to publicly share Competition Code, provided that such public sharing does not violate the intellectual property rights of any third party. If you do choose to share Competition Code or other such code, you are required to share it on Competition-dedicated channel on DIAMBRA Discord Server for the benefit of all competitors. By so sharing, you are deemed to have licensed the shared code under an Open Source Initiative-approved license (see www.opensource.org) that in no event limits commercial use of such Competition Code or model containing or depending on such Competition Code.
C. Use of Open Source. Unless otherwise stated in the Specific Competition Rules above, if open source code is used in the model to generate the Submission, then you must only use open source code licensed under an Open Source Initiative-approved license (see www.opensource.org) that in no event limits commercial use of such code or model containing or depending on such code.
9. DETERMINING WINNERS
Each Submission will be scored and ranked by the evaluation metric set forth on the Competition Website. During the Competition, the current ranking will be visible on the Competition Website’s leaderboard. The potential winner(s) are determined solely by the leaderboard ranking on the public leaderboard as set forth on the Competition Website, subject to compliance with these Rules.
In the event of a tie, the Submission that was entered first to the Competition will be the winner. In the event a potential winner is disqualified for any reason, the Submission that received the next highest score rank will be chosen as the potential winner.
The potential winner(s) will be notified by email. If a potential winner does not respond to the notification attempt within five (5) days from the first notification attempt, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible entries received based on the Competition’s judging criteria.
The winner’s list will be publicly displayed at DIAMBRA website. Determinations of Competition Sponsor are final and binding.
Competition Sponsor reserves the right to disqualify any participant from the Competition if the Competition Sponsor reasonably believes that the participant has attempted to undermine the legitimate operation of the Competition by cheating, deception, or other unfair playing practices or abuses, threatens or harasses any other participants, Competition Sponsor or DIAMBRA.
10. WINNERS OBLIGATIONS
As a condition to being awarded a Prize, a Prize winner must fulfill the following obligations:
( a ) deliver to the Competition Organizer the final model’s software code as used to generate the winning Submission and associated documentation. The delivered software code must be capable of generating the winning Submission and contain a description of resources required to build and/or run the executable code successfully;
( c ) sign and return all Prize acceptance documents as may be required by Competition Sponsor or DIAMBRA, including without limitation: (i) eligibility certifications; (ii) licenses, releases and other agreements required under the Rules; and (iii) tax-related forms/paperwork.
Prize(s) are as described on the Competition Website. Odds of winning any prize depends on the number of eligible Submissions received during the Competition Period and the skill of the entrants.
All Prizes are subject to Competition Sponsor’s review and verification of the entrant’s eligibility and compliance with these Rules, and the compliance of the winning Submissions with the Submissions Requirements. In the event that the Submission demonstrates non-compliance with these Competition Rules, Competition Sponsor may at its discretion take either of the following actions: (i) disqualify the Submission(s); or (ii) require the potential winner to remediate within one week after notice all issues identified in the Submission(s) (including, without limitation, the resolution of license conflicts, the fulfillment of all obligations required by software licenses, and the removal of any software that violates the software restrictions).
A potential winner may decline to be nominated as a Competition winner by notifying DIAMBRA directly within 1 week after the end of the Competition Period, in which case the potential winner forgoes any prize or other features associated with winning the Competition. DIAMBRA reserves the right to disqualify a Participant who so declines its winner status.
Potential winners must return all required documents within 15 days following notification, or such potential winner will be deemed to have forfeited the prize and another potential winner will be selected. Prize(s) will be awarded within approximately 60 days after receipt by Competition Sponsor of the required Prize acceptance documents. Transfer or assignment of a Prize is not allowed.
You are not eligible to receive any Prize if you do not meet the Eligibility requirements in Section 2 above.
If a Team wins a monetary Prize, the Prize money will be allocated in even shares between the eligible Team members, unless the Team unanimously opts for a different prize split and notifies DIAMBRA before prizes are issued.
ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Payments to potential winners are subject to the express requirement that they submit all documentation requested by Competition Sponsor or DIAMBRA for compliance with applicable state, federal, local and foreign (including provincial) tax reporting and withholding requirements. Prizes will be net of any taxes that Competition Sponsor is required by law to withhold. If a potential winner fails to provide any required documentation or comply with applicable laws, the Prize may be forfeited and Competition Sponsor may, in its sole discretion, select an alternative potential winner.
13. GENERAL CONDITIONS
All national and EU laws and regulations apply.
By accepting a Prize, you agree that Competition Sponsor, DIAMBRA and its agencies may use of your name and/or likeness, for advertising and promotional purposes without additional compensation, unless prohibited by law.
As part of Competition Sponsor performing this contract between you and the Competition Sponsor, DIAMBRA may transfer your Personal Information to Competition Sponsor, which acts as an independent controller with regard to this Personal Information. As a controller of such Personal Information, Competition Sponsor agrees to comply with all data protection obligations with regard to your Personal Information. If DIAMBRA will transfer your Personal Information to Competition Sponsor, they will be transferred in the country specified in the Competition Sponsor Address, which may be a country outside the country of your residence. Such country may not have privacy laws and regulations similar to those of the country of your residence.
16. WARRANTY, INDEMNITY AND RELEASE
You warrant that your Submission is your own original work and, as such, you are the sole and exclusive owner and rights holder of the Submission, and you have the right to make the Submission and grant all required licenses. You agree not to make any Submission that: (i) infringes 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, privacy, publicity or confidentiality obligations; or (ii) otherwise violates any applicable national or EU law.
To the maximum extent permitted by law, you indemnify and agree to keep indemnified Competition Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Competition Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (a) your Submission or other material uploaded or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or entity, or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by you in connection with the Competition; © any non-compliance by you with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to your involvement with the Competition; and (e) your acceptance, possession, misuse or use of any Prize, or your participation in the Competition and any Competition-related activity.
You hereby release Competition Sponsor and DIAMBRA from any liability associated with: (a) any malfunction or other problem with the Competition Website; (b) any error in the collection, processing, or retention of any Submission; or © any typographical or other error in the printing, offering or announcement of any Prize or winners.
Competition Entities are not responsible for any malfunction of the Competition Website or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Submissions or entry materials due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Competition Website, or any combination thereof, which may limit an entrant’s ability to participate.
18. RIGHT TO CANCEL, MODIFY OR DISQUALIFY
If for any reason the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition, Competition Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition. Competition Sponsor further reserves the right to disqualify any entrant who tampers with the submission process or any other part of the Competition or Competition Website. Any attempt by an entrant to deliberately damage any web site, including the Competition Website, or undermine the legitimate operation of the Competition is a violation of the law and should such an attempt be made, Competition Sponsor and DIAMBRA each reserves the right to seek damages from any such entrant to the fullest extent of the applicable law.
19. NOT AN OFFER OR CONTRACT OF EMPLOYMENT
Unless otherwise specifically provided under the Competition Website, under no circumstances shall the entry of a Submission, the awarding of a Prize, or anything in these Rules be construed as an offer or contract of employment with Competition Sponsor or any of the Competition Entities. You acknowledge that you have submitted your Submission voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Competition Sponsor or any of the Competition Entities, and that no such relationship is established by your entry of your Submission.
20. GOVERNING LAW
All claims arising out of or relating to these Rules will be governed by Italian law, excluding its conflict of laws rules, and will be litigated exclusively in the courts of Cagliari. The parties consent to personal jurisdiction in those courts. If any provision of these Rules is held to be invalid or unenforceable, all remaining provisions of the Rules will remain in full force and effect.