The expressions used in these Terms and Conditions shall have the following meaning:
“Charity” means a charity or not-for-profit organisation selected by Morgan Stanley.
“Confidential Information” means any and all information which is of a confidential nature and is disclosed in connection with the Hackathon including trade secrets, know-how, financial, commercial, technical, marketing information and other information, whether disclosed orally or in writing, in any form or medium, together with any copies or reproductions of such information in any form or medium or any part(s) thereof, regardless of whether such information has been marked as “confidential”.
“Derived Works” means any code, work, materials, information, or data, resulting from our, and our affiliates’, manipulation or analysis of data, values, information and/or content contained in the Entry whether alone or in conjunction with other code, work, materials, data or information.
“EcoSim” means EcoSim Üzleti Szimulációk Kft, with an office at 1094 Budapest, Páva u. 13.
“Hackathon” means the Morgan Stanley Code to Give Hackathon taking place April 27 – June 24, 2021.
“Morgan Stanley”, “we”, “us” “our” means Morgan Stanley Hungary Analytics Limited, with an office at Millennium Buildings, 8 Lechner Ödön fasor, 1095 Budapest, Hungary.
“Participant(s)” means you, and any other Hackathon participant(s), who meet the Eligibility criteria set out in clause 2 of these Terms and Conditions.
“Organisers” means the organisers of the Hackathon, being Morgan Stanley and EcoSim.
1.1 These Terms and Conditions apply to the Code to Give Hackathon to be hosted by and on behalf of Morgan Stanley on April 27 – June 24, 2021. The purpose of the Hackathon is to encourage Participants to compete with other participants to develop a winning code-based software solution (“Entry”) intended to meet an identified technological need of a participating Charity selected by Morgan Stanley.
1.2 By participating in the Hackathon, you hereby agree to be bound by, and observe, these Terms and Conditions.
2.1 The Hackathon is open to Participants who at the time of registration are 18 years old, or older.
2.2The following persons are not eligible to register for the Hackathon:
By registering for the Hackathon, you hereby declare that you do not belong to any of the categories listed in this clause 2.2.
2.3 Although we expect most Participants will have a background in computer science, computer engineering, electrical engineering or similar, this is not a pre-requisite for participation in the Hackathon.
3.1 You may register for the Hackathon in a team of a minimum of two (2) and a maximum of four (4) Participants.
3.2 A team of Participants may only submit one Entry per Hackathon which shall be uploaded to a website or online portal, online folder, or other online location, as instructed by the Organisers. The Organisers reserve the right to disqualify any Entry.
3.3 The Entry must be the work created (and not copied) by the team of Participants for the purposes of the Hackathon. Any Entry which had previously been entered in other competitions or contests may be disqualified by the Organisers.
3.4 To the extent that an Entry includes open source / third party dependencies, Participants should include as part of their submission:
3.5 You will follow all directions and instructions issued by the Organisers, and follow any rules or guidelines that are made available to you, in relation to the Hackathon.
3.6 The team of Participants who, in the opinion of the Organisers, submit the best Entry, will receive a prize to be determined by Morgan Stanley.
4.1 You agree to keep any Confidential Information received from Morgan Stanley confidential and to only use such Confidential Information for the purposes of the Hackathon and for the Charity. You must not disclose the Confidential Information to anyone.
5.1 By participating in the Hackathon you hereby consent to the use of your name, photograph, voice and/or video recording and likeness for publicity purposes by the Organisers, without additional compensation or permission, except to the extent prohibited by applicable law in Hungary.
5.2 You agree that photos, recordings and videos taken at the Hackathon may be published on Morgan Stanley’s and/or the Charity’s internal and external webpages, in print, in broadcasts and/or other media, to publicise the Hackathon. You further agree to the use of your name, photograph, voice and/or video recording and likeness for the purposes of advertising and publicity for the Hackathon and the participating Charity.
5.3 You accept and acknowledge that if the above consent is withdrawn, Morgan Stanley and/or the Charity may not be in a position to remove the photographs, recordings and videos from webpages operated by third parties.
6.1 You hereby grant Morgan Stanley and its affiliates a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, irrevocable and transferable license that is unlimited in time to: (i) use your Entry in any manner during and after the Hackathon and without further compensation, rights or obligations owed to you, and (ii) create Derived Works.
6.2 You acknowledge and agree that Morgan Stanley and its affiliates may use the Entry/Entries, or any part of the Entry/Entries, to create Derived Works. Morgan Stanley shall own all rights in and to any Derived Works, and nothing in these terms shall restrict Morgan Stanley and its affiliates’ use of Derived Works during or after the Hackathon.
6.3 For any issues not regulated in the present license agreement, the provisions of Hungarian law, in particular the Act LXXVI of 1999 on Copyright shall apply.
6.4 If you are part of a team that has won the Hackathon or if you have been informed by the Organisers that you will receive a prize, you must: (i) print a copy of these Terms and Conditions; (ii) sign the copy; (iii) email a scanned copy of the Terms and Conditions to firstname.lastname@example.org and (iv) mail one signed hard copy to 1095 Budapest, Lechner Ödön fasor 8. as soon as possible, and in any event no later than 5 business days from being notified of your winning Entry or that you will receive a prize. Failure to do so may forfeit you receiving your prize.
7.1 Morgan Stanley may receive your personal data, either from EcoSim or directly from you, for the purposes of the Hackathon. Such personal data may include, amongst other things, your first and last name, e-mail address, home address, mobile phone number, details about your work, education and skills, and date of birth. You acknowledge that Morgan Stanley is the party that determines what personal data is collected and how your personal data is to be used and therefore is an independent controller (as defined in EU General Data Protection Regulation 2016/679 (“GDPR”)) in respect of your personal data.
7.2 Morgan Stanley shall observe all data protection legislation (including the GDPR) as applicable to it in processing your personal data. Please see here for details of how we deal with your personal data.
8.1 Except for liability which cannot be excluded under the law of Hungary), in no event shall Morgan Stanley, its parents, affiliates, subsidiaries, and related companies, its advertising or promotion agencies, and/or all their respective officers, directors, independent contractors, representatives and agents, be responsible or liable for any loss of any kind, arising out of or in relation to participation in the Hackathon or Hackathon-related activities.
8.2 Notwithstanding clause 8.1, if Morgan Stanley, its parents, affiliates, subsidiaries, and related companies, its advertising or promotion agencies, and/or all their respective officers, directors, independent contractors, representatives and agents are liable for any loss arising out of or in relation to the Hackathon or Hackathon-related activities, such liability shall be limited to €100.
8.3 Without limiting clauses 8.1 and 8.2, everything on, or accessed via, the websites are provided "AS IS” without any representation, undertaking, warranty or assurance of any kind, either express or implied, including any implied terms relating to quality, fitness for a particular purpose, and noninfringement.
8.4 Morgan Stanley is not responsible for damage to Participants' computer or software development equipment or technology, or to any other person's or entity’s computer or software development equipment or technology, related to or resulting from participating in the Hackathon or downloading materials from or use of any web sites in relation to the Hackathon.
8.5 Morgan Stanley reserves the right to cancel, modify, suspend or postpone the Hackathon at any time and for any reason without liability to Participants or any other person. In such event Morgan Stanley may, in its sole discretion, select the winner from entries received prior to the action or as otherwise may be deemed fair and equitable by Morgan Stanley.
8.6 All prizes will be awarded “AS IS” and Morgan Stanley makes no representation, warranty or condition in respect of any prize or part thereof. Morgan Stanley reserves the right to change any prize at its sole discretion. Prizes may be subject to local tax laws and regulations. No transfer or assignment of the prize is permitted, and the cash equivalent of the prize will not be substituted, except at the sole discretion of Morgan Stanley. Morgan Stanley reserves the right to substitute a prize with another prize of equal, greater or lesser value if the stated prize should become unavailable for any reason. Morgan Stanley shall not be liable to Participants or any other person for failure to supply a prize, or any part thereof, for any reason.
9.1 These Terms and Conditions and any non-contractual obligations arising out of or in connection with the Terms and Conditions, shall be governed by and construed in accordance with Hungarian law.
9.2 The Hungarian courts shall have exclusive jurisdiction to settle any dispute, whether contractual or non-contractual, arising out of or in connection with these Terms and Conditions.
I hereby confirm I have read and agree to these Terms and Conditions.
Signature required by Participants who have won the Hackathon or been notified by the Organisers they will receive a prize
Signed by Participant
Signed for and on behalf of Morgan Stanley Hungary Analytics Limited