Datavant | Future of Healthcare Hackathon (the “Hackathon”) Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE IN THIS HACKATHON. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

PLEASE CAREFULLY READ THESE OFFICIAL RULES WHICH ARE A CONTRACT BETWEEN YOU, THE HACKATHON SPONSOR, AND DEVPOST. BY TAKING ANY ACTION TO PARTICIPATE, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS.

1. Dates and Timing

Registration Period: August 8, 2022 (3:15 pm Eastern Time) – September 8, 2022 (4:45 pm Eastern Time) (“Registration Period”).

Submission Period: September 8, 2022 (5:00 pm Eastern Time) – September 1,2 2022 (12:30 am Eastern Time) (“Submission Period”).

Judging Period: September 12, 2022 (8:00 am Eastern Time) – September 12, 2022 (8:00 pm Eastern Time) (“Judging Period”).

Winners Announced: On or around September 13, 2022 (12:00 pm Eastern Time).

2. Administrator

Administrator and Sponsor: Datavant, Inc., 44 Montgomery Street, Floor 3, San Francisco, CA 94104

3. Eligibility

A. The Hackathon IS open to:      

• Individuals who are 18 years of age or older and legal residents of  the Territory (“Eligible Individuals”),  and

• Teams of Eligible Individuals (“Teams”)

(the above are collectively, “Entrants”)

“Territory” means any US state (including the District of Columbia), or province where the laws of the United States or local law do not prohibit participating or receiving a prize in the Hackathon.

An Eligible Individual may join more than one Team and an Eligible Individual who is part of a Team may also enter the Hackathon on an individual basis. 

Eligible Individuals may indicate that the individual is associated with or an agent or employee of a company/business/organization (any, a “Company”). The Company by which any individual Entrant is employed must be legally formed in a state/province/jurisdiction in the Territory. By participating in the Hackathon and indicating in any way that you are associated with or an agent or employee of a company, you agree: that you are acting within the scope of your employment/contract/agency, as an employee, contractor, or agent of the Company; that you warrant that you have authority to do so; and that your company has full knowledge of your actions and has consented thereto. You further warrant that your actions do not violate your Company’s or Company’s policies and procedures.

B. The Hackathon IS NOT open to: 

• Individuals who are not residents of the Territory, are under 18 years of age, or are employees of the Sponsor and its affiliates.  

• Organizations involved with the design, production, paid promotion, execution, or distribution of the Hackathon, including the Sponsor (“Promotion Entities”).

• Employees, representatives and agents** of such organizations, and all members of their immediate family or household*

• Organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that exist and have been organized or incorporated at the time of entry.

• Any other individual involved with the design, production, promotion, execution, or distribution of the Hackathon, and each member of their immediate family or household*

• Any Judge (defined below), or company or individual that employs a Judge

• Any parent company, subsidiary, or other affiliate*** of any organization described above

• Any other individual or organization whose participation in the Hackathon would create, in the sole discretion of the Sponsor, a real or apparent conflict of interest 

*The members of an individual’s immediate family include the individual’s spouse, children and stepchildren, parents and stepparents, and siblings and stepsiblings. The members of an individual’s household include any other person that shares the same residence as the individual for at least three (3) months out of the year. 

**Agents include individuals that in creating a Submission to the Hackathon, are acting on behalf of, and at the direction of, a Promotion Entity through a contractual or similar relationship.

***An affiliate is: (a) an organization that is under common control, sharing a common majority or controlling owner, or common management; or (b) an organization that has a substantial ownership in, or is substantially owned by the other organization.

4. How To Enter 

5. Submission Modifications.

A. Draft Submissions: Prior to the end of the Submission Period, you may save draft versions of your submission on Devpost to your portfolio before submitting the submission materials to the Hackathon for evaluation. Once the Submission Period has ended, you may not make any changes or alterations to your submission, but you may continue to update the project in your Devpost portfolio.

B. Modifications After the Submission Period. The Sponsor and Devpost may permit you to modify part of your submission after the Submission Period for the purpose of adding, removing or replacing material that potentially infringes a third party mark or right, discloses personally identifiable information, or is otherwise inappropriate. The modified submission must remain substantively the same as the original submission with the only modification being what the Sponsor and Devpost permits. 

6. Judges & Criteria.

Eligible submissions will be evaluated by a panel of judges selected by the Sponsor (the “Judges”). Judges may be employees of the sponsor or third parties, may or may not be listed individually on the Hackathon Website, and may change before or during the Judging Period. Judging may take place in one or more rounds with one or more panels of Judges, at the discretion of the sponsor. 

Stage One: The first stage will determine via pass/fail whether the ideas meet a baseline level of viability, in that the project reasonably fits the theme and reasonably applies the required APIs/SDKs featured in the Hackathon.

Stage Two: All submissions that pass Stage One will be evaluated in Stage Two based on the following equally weighted criteria (the “Judging Criteria”):

Entries will be judged on the following equally weighted criteria, and according to the sole and absolute discretion of the judges:

• 20%: Potential Impact:
  Impact: How big of an impact could the project have on the future of healthcare (number of people impacted, lives improved)?
  Scalability: Will the solution be around in 5 years?
  

• 20% Quality of the Idea:
  Creative: How creative and unique is the project?
  Innovative: How innovative is the project?
  

• 20%: Technological Implementation:
  Does the interaction with the app/prototype demonstrate quality software development?
  

• 20%: Design:
  Is the user experience and design of the project well thought out for the intended user?
  

• 20% Communication:
  Was the solution logically organized and did the team effectively communicate the problem and its solution?

The scores from the Judges will determine the potential winners of the applicable prizes. The Entrant(s) that are eligible for a Prize, and whose Submissions earn the highest overall scores based on the applicable Judging Criteria, will become potential winners of that Prize.

Tie Breaking. For each Prize listed below, if two or more submissions are tied, the tied submission with the highest score in the first applicable criterion listed above will be considered the higher scoring submission. In the event any ties remain, this process will be repeated, as needed, by comparing the tied Submissions’ scores on the next applicable criterion. If two or more submissions are tied on all applicable criteria, the panel of Judges will vote on the tied submissions.

7. Intellectual Property Rights.

A. Entrant Rights: Subject to the licenses described below, any intellectual property rights to a Submission will remain with the Entrant. 

B. Sponsor Rights: By entering the Hackathon, you grant to the Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Hackathon, and all of their respective past and present officers, directors, employees, agents and representatives (all of the foregoing, collectively, the "Contest Entities”), a royalty-free, non-exclusive, worldwide perpetual license to display publicly and use for promotional purposes the Submission, in perpetuity. This license includes, but is not limited to, posting or linking to the Submission on Sponsor’s, Devpost’s, and partners’ websites and applications, including the Hackathon Website, and display and promotion of the Submission in any other media, worldwide. 

C. Submission Display: Without limitation of any of the Contest Entities’ rights pursuant to these rules, the following Submission components may be displayed to the public: name, description, images, video URL, website URL, team members, the Submission category and platform, and submitter type. Other Submission materials may be viewed by the Sponsor, Devpost, and Judges for screening and evaluation.

D. Entrants represent and warrant that the Contest Entities are free to use Entrant’s Submission in the manner described above, as provided or as modified by the Devpost, without obtaining permission or license from any third party and without any compensation to Entrants.

8. Prizes.

*Datavant is the industry’s trusted health data connectivity solution. Whether you’re a health system, life sciences company, payer or analytics platform — our technology can enable your data strategy. Think of Switchboard as your tool to enable data to flow as you need it to. We will provide access to the Datavant platform at no-cost. This is contingent on signing standard software terms and conditions as is and use in a personal capacity only. We can help facilitate introductions to data sources, and winning teams will need to negotiate their own data contracts with data providers. 

**The Future of Health Data Summit includes a small group (~200 people) of government, academic and business leaders and ~100 CEOs of health tech companies. The event includes discussions on the future of health data, with keynotes, panels, breakouts, and networking focused on themes around real-world evidence, value-based care, interoperability, privacy, and other topics at the frontier of health data.

The booking of travel and accommodations is at the discretion of the Sponsor. Datavant will cover up to $1,000 towards airfare and reserve one (1) night of accomodations. The trip is valued at $1,250 per team member, with up to 5 team members able to attend. Future of Health Data Summit will occur September 15th in Washington D.C. Dates are subject to change. *NOTE: There are tax implications for any prizes received, including the trip, and Devpost has the right to withhold taxes from the proceeds. Any tax-related questions should be directed toward your accountant. The potential winner(s) will be given the option and notice to accept or reject the trip. If the potential winner chooses not to accept the Future of Health Data Summit trip or does not respond to the Sponsor or Devpost — both within 1 day — no cash equivalent will be provided and the travel prize will be forfeited. Additionally, if the Future of Health Data Summit is canceled, the Sponsor will substitute for a prize of equal or greater value. 

IMPORTANT NOTES ON MULTIPLE PRIZE ELIGIBILITY:

• A prize winner is not eligible to win any other prize, except for the Bonus Prize. 

• If there are no eligible submissions for a track prize, that prize will not be awarded.
  
  

A. Substitutions & Changes: Prizes are non-transferable by the winner. Sponsor in its sole discretion has the right to make a prize substitution of equivalent or greater value. Sponsor will not award a prize if there are no eligible submissions entered in the Hackathon, or if there are no eligible Entrants or submissions for a specific prize.

B. Verification Requirement: THE AWARD OF A PRIZE TO A POTENTIAL WINNER IS SUBJECT TO VERIFICATION OF THE IDENTITY, QUALIFICATIONS AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE SUBMISSION. No submission or submitter shall be deemed a winning submission or winner until their post-competition prize affidavits have been completed and verified, even if prospective winners have been announced verbally or on the competition website. The final decision to designate a winner shall be made by the Sponsor.

C. Prize Delivery: Prizes will be payable to the Entrant, if an individual; to the Entrant’s Representative, if a Team. It will be the responsibility of the winning Entrant’s Representative to allocate the Prize among their Team participating members, as the Representative deems appropriate. A monetary Prize will be mailed to the winning Entrant’s address (if an individual) or the Representative’s address (if a Team), or sent electronically to the Entrant, Entrant’s Representative bank account, only after receipt of the completed winner affidavit and other required forms (collectively the “Required Forms”), if applicable. Failure to provide correct information on the Required Forms, or other correct information required for the delivery of a Prize, may result in delayed Prize delivery, disqualification or the Entrant, or forfeiture of a Prize. Prizes will be delivered within 60 days of the Sponsor or Devpost’s receipt of the completed Required Forms.

D. Fees & Taxes: Winners (and in the case of Team, all participating members) are responsible for any fees associated with receiving or using a prize, including but not limited to, wiring fees or currency exchange fees. Winners (and in the case of Team, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents may be required to provide a completed form W-9 and residents of other countries may be required to provide a completed W-8BEN form. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant government departments/agencies, if necessary. The Sponsor, Devpost, and/or Prize provider reserves the right to withhold a portion of the prize amount to comply with the tax laws of the United States or other sponsor jurisdictions, or those of a winner’s jurisdiction.

9. Entry Conditions and Release.

A. By entering the Hackathon, you (and, if you are entering on behalf of a Team, each participating member) agree(s) to the following:

(i) The relationship between you, the Entrant, and the Sponsor and Devpost, is not a confidential, fiduciary, or other special relationship.

(ii) You will be bound by and comply with these Official Rules and the decisions of the Sponsor, Devpost, and/or the Hackathon Judges which are binding and final in all matters relating to the Hackathon.

(iii) You release, indemnify, defend and hold harmless the Contest Entities from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Entrant’s entry, creation of Submission or entry of a Submission, participation in the Hackathon, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules. 

B. Without limiting the foregoing, the Contest Entities shall have no liability in connection with: 

(i) any incorrect or inaccurate information, whether caused by the Sponsor or Devpost’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Hackathon; 

(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Hackathon Website;

(iii) unauthorized human intervention in any part of the entry process or the Hackathon; 

(iv) technical or human error which may occur in the administration of the Hackathon or the processing of Submissions; or 

(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Entrant’s participation in the Hackathon or receipt or use or misuse of any Prize.

The Contest Entities are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Entrants. Proof of sending or submitting the aforementioned will not be deemed to be proof of receipt by the Sponsor. If for any reason any Entrant’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Entrant’s sole remedy is to request the opportunity to resubmit its Submission. Such a request must be made promptly after the Entrant knows or should have known there was a problem and will be determined at the sole discretion of the Sponsor.

Each Entrant acknowledges that each of the Contest Entities engages and has engaged and will in the future engage in the development, preparation, production, acquisition and dissemination of software, technology and other material (collectively, “Materials”), including without limitation Materials that may be similar or identical to a Maker’s Submission, and that other people may previously have submitted to one or more of the Contest Entities Materials that are similar or identical to a Submission. Each Entrant agrees that it will not be entitled to any compensation or credit in connection with, and will not have any other legal, equitable or other rights of any nature with respect to, the use by any of the Contest Entities of any Material that is similar or identical to any Submission or any component thereof. As an inducement to Sponsor to accept the Entrant’s entry, each Entrant hereby waives any claim or right of action against any of the Contest Entities in connection with the Contest Entities’ use of any Materials (or any portions thereof), whether or not such Materials are similar or identical to an Entrant’s Submission or contain any features, ideas, material and/or elements that are similar or identical to those contained in an Entrant’s Submission. Without limitation of the foregoing, the Contest Entities will have the right to use, without any payment or other obligation whatsoever to any Entrant, any part of any Submission, and any idea or concept contained therein, that (a) is similar or identical to, or contains elements encompassed in, any material or concept that has been developed, produced or disseminated or is under consideration or in development by or for any of the Contest Entities before or at the time of the Entrant’s submission of the Submission, (b) is not unique, novel, original and concrete so as to be entitled to protection under applicable laws, (c) has been made public by anyone at the time of its submission in the Hackathon or otherwise is in the public domain, (d) would be freely usable by a third party if it had not been submitted as a Submission or the subject of any agreement, (e) is not protected by United States copyright law or (f) is similar or identical to, or contains elements encompassed in, an idea, concept or material that is independently created by any Contest Entity or any third party. Acceptance of a Submission is not an admission by any Contest Entity of the novelty or originality of the Submission.

10. Publicity.

By participating in the Hackathon, Entrant consents to the promotion and display of Entrant’s Submission, and to the use of personal information about themselves, by the Contest Entities. Such personal information includes, but is not limited to, name, photograph, likeness, voice, biographical information, any quotes attributable to them, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Contest Entities’ sole discretion). It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Examples of such media include but are not limited to recordings of activities such as kickoff webinars and closing ceremonies you participate in. Authorized uses include advertising, trade, promotional and publicity purposes of any kind.

11. General Conditions. 

A. Sponsor reserves the right, in its sole discretion, to cancel, suspend and/or modify the Hackathon, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.

B. Sponsor reserves the right in its sole discretion to disqualify any individual or Entrant if it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Hackathon or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Hackathon, or a violation of any applicable law or regulation.

C. Any attempt by any person to undermine the proper conduct of the Hackathon may be a violation of criminal and civil law. Should the Sponsor suspect that such an attempt has been made or is threatened, it reserves the right to take appropriate action including but not limited to requiring an Entrant to cooperate with an investigation and referral to criminal and civil law enforcement authorities.

D. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Hackathon materials, including but not limited to the Hackathon Submission form, Hackathon Website, or advertising, the terms and conditions of the Official Rules shall prevail.

E. The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the Entrant and the Sponsor. The Sponsor will post the terms and conditions of the amended Official Rules on the Hackathon Website. To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.

F. If at any time prior to the deadline, an Entrant or prospective Entrant believes that any term in the Official Rules is or may be ambiguous, they must submit a written request for clarification. 

G. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to an Entrant, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the sponsor’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.

H. Excluding Submissions, all intellectual property related to this Hackathon, including but not limited to copyrighted material, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Sponsor. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. Any use in a Submission of Sponsor’s intellectual property shall be solely to the extent provided for in these Official Rules.

12. Limitations of Liability.

By entering, all Entrants (including, in the case of a Team, all participating members) agree to release the Contest Entities from any and all liability in connection with the Prizes or Entrant’s participation in the Hackathon. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal.

13. Disputes.

A. Except where prohibited by law, as a condition of participating in this Hackathon, Entrant agrees that:

1. any and all disputes and causes of action arising out of or connected with this Hackathon, or any Prizes awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant;

2. the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and

3. judgment upon such arbitration award may be entered in any court having jurisdiction.

B. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (i.e., costs associated with entering this Hackathon), and Entrant further waives all rights to have damages multiplied or increased.

C. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with this Hackathon, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA without regard to New York choice of law rules.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

14. Additional Terms.

Please review the Devpost Terms of Service at https://info.devpost.com/terms for additional rules that apply to your participation in the Hackathon and more generally your use of the Hackathon Website. Such Terms of Service are incorporated by reference into these Official Rules, including that the term "Poster" in the Terms of Service shall mean the same as "Sponsor" in these Official rules." If there is a conflict between the Terms of Service and these Official Rules, these Official Rules shall control with respect to this Hackathon only.

15. Entrant’s Personal Information.

Information collected from entrants is subject to the Devpost’s Privacy Policy, which is available at https://info.devpost.com/privacy.

For questions, send an email to support@devpost.com.