T&C [WACOM #3] INKATHON EDTECH

By your registration for the Inkathon Competition (as defined below), you hereby accept these terms and conditions for the Inkathon Competition (hereinafter “Terms and Conditions”) and commits to comply with the provisions of these Terms and Conditions.

ARTICLE 1 – ORGANIZATION OF THE COMPETITION

The company BeMyApp SAS (hereafter referred to as “BeMyApp”), a French company whose registered office is located 18 Boulevard Michelet, 13008 Marseille, France - company registration number B 523 824 258 (Marseille RCS) - is organizing on behalf of Wacom Co., Ltd. whose registered office is located 2-510-1 Toyonodai, Kazo, Saitama, 349-1148, Japan. (hereafter referred to as “Wacom”) (hereafter referred to, collectively, as “Organizer”) an online hackathon called “Online Inkathon” (ink + hackathon = Inkathon) from September 2, 2019 to October 15, 2019 (hereafter referred to as the “Online Competition” or “Inkathon Competition”).

ARTICLE 2 – OBJECTIVE OF THE ONLINE COMPETITION

(1) The aim of the Online Competition is to develop, in teams and over a limited amount of time, a next-generation application for digital pen-enabled devises (hereafter referred to as “Application”), utilizing Wacom's WILL™ SDK, to revolutionize EdTech in the classroom, for individual development, group and remote education, music and art education for infants, students and adults, with the help of new cutting-edge technologies such as Machine Learning, AI, and AR/VR.

(2) Application to be developed and submitted in the Inkathon Competition shall be developed by using Wacom's WILL™ SDK and showing a use case for digital ink, and for one of the target platforms such as Windows 10, Chrome or Android; provided however that such Application shall not (a) contain, depict or refer (explicitly or otherwise) to any inappropriate, objectionable, or unsuitable language, activity or other content, (b) contain, depict or refer to any content that disparages or refers negatively to Wacom, the Online Competition, or any other person or entity, and (c) contain any content that violates any law or any third party’s Intellectual Property Rights (as defined below), privacy, personality or other rights.

(3) In order to raise awareness regarding the Inkathon, Wacom is organizing a Meetup on the 17th of September 2019 at the Kioi Conference (1-4 Kioicho, Chiyoda City, Tokyo 102-0094). A detailed program will be communicated to all the Inkathon participants early September

ARTICLE 3 – PARTICIPATION CONDITIONS

(1) The Online Competition is free of registration fee and without any purchase obligation. The Online Competition is open to all individuals (hereinafter referred to as “Participants”)

(i) who must be 18 years old and older at the time of your registration and be at the age required by law in their country of residence to enter this Online Competition at such time;

(ii) who must be residents of China, Japan, Korea, Singapore and Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Taiwan, Thailand, and Vietnam;

(iii) who must hold a bank account in their country of tax residence, (iv) who have IT skills, technical skills, design skills, or marketing skills,

(v) who must have their own computer hardware in working order throughout the duration of the Online Competition;

(vi) who must enable their new or existing applications with WILL SDK 3.0 to be provided by the Organizer.

(vii) who already have a team of minimum of 2 members;

(vi) who must be legally allowed to travel to Tokyo / Japan (i.e. own a valid passport); and

(vii) whose registration is duly accepted by Organizer in accordance with these Terms and Conditions.

Any entities will be also eligible to take part in the Online competition, provided that each member representing such entity is comply with the above. An entity which wish to participate in the Online Competition must appoint an individual for contact and potential winner notification and prize acceptance, if applicable, and the entity must make such individual entry on behalf of it. By submitting such entry on behalf of the entity, such entrant affirmatively agrees that he or she has been asked to do so on behalf of the entity, and is the authorized entity representative.

There is a limited number of Participants being accepted to compete and the selection process will happen on a first come first served basis

(2) Notwithstanding the foregoing, any employees, consultants, officers and directors of Wacom and BeMyApp and/or their affiliates, and member of the Jury Panel, and members of their families (spouse, siblings, children and parents) and those living in the same household as such individuals (whether or not related), as well as anyone who has directly or indirectly contributed to the conception, organization or realization of the Online Competition, are ineligible to take part in the Online Competition.

ARTICLE 4 – PARTICIPATION PROCESS

(1) The registration for the Online Competition is open from August 21, 2019 to October 15, 2019 (hereafter referred to as “Registration Period”). The Online Competition will take place from September 2, 2019 until October 15, 2019 (hereafter referred to as “Competition Period”). All times referenced herein are Japan time. 　

(2) Participants shall register online by filling in the online registration (see details in below) and comply all predefined obligations. Each registration for the Online Inkathon Competition is individual, and only one (1) registration per person is allowed during the Registration Period specified above. In case a Participants fails to respect this condition, the Participant will be excluded from the Online Competition.

ARTICLE 5 – THE COMPETITION

Phase 1: Registration process

Date: August 19, 2019 until October 15, 2019

Website: inkathon.bemyapp.com

Object: Every person wishing to participate (hereinafter referred to as “Registrant” or “Registrants”) can register online on the dedicated website for the Online Competition accessible at the following address: inkathon.bemyapp.com. Registrations will be limited to one for external registrants. Registrants must provide the following information: last name, first name, address, phone number, email and their technical skills profile for the purpose of the Online Competition, as suggested on the website. This information is required for the completion of their application. Further, to complete registration, Registrants will be directed to the BeMyApp platform. This will enable participants to receive important updates and add their Application to the “Projects” page on such platform.

Each Registrant guarantees that the information entered during his/her application to join the Online Competition is complete and accurate. Any false, incorrect or incomplete information will automatically result in the application being rejected and/or exclusion of participation.

The Organizer reserves the right to reject Registrant’s application at any time if the profile of such Registrant does not meet the eligibility of the Participants for the Online Competition as mentioned in Article 3(1).

The Registrants have the right to leave the Online Competition at any time during the Registration Period.

After the completion of the registration, the Registrants will receive further information about the Online Competition and its challenges directly or indirectly through BeMyApp from the Organizer.

Phase 2: Online Competition

Start Date: September 2, 2019.

End Date: October 15, 2019.

Place: BeMyApp platform (open to only to registrants)

Object: Each Participant/Team will be invited to the opening of the Inkathon Competition. Maximum amount of team members can be set by the Organizer to attend the opening event. After the opening event and technology briefing, the Participants will have a minimum of seven days to a maximum of one month and a half to develop a prototype of their Application. Organizer may provide specific devices to support the development of the digital ink applications that can be used by the participants solely onsite at the Online Competition location during the Competition Period.

Team: In order to register to or sign up for BeMyApp plaftorm, the Participants must be in teams of minimum two (2).

Phase 3: Submission

Date: October 15, 2019 – An exact date and time will be announced on the event website.

Place: BeMyApp platform

Object: Each Team will be submitting a project page including a running demo/Application by October 15, 2019, with clicking the button “add Project” on the “Projects” page on the platform and uploading demo/Application. All submitted projects must include a recorded running apps/demo prototypes, and a link that directs to such apps/demo prototypes.

Phase 4: Jury selection and Online Competition results

Date: By October 22, 2019.

Place: BeMyApp platform

Object: The jury panel will appoint five (5) to ten (10) winning teams (the Appointed Teams) before October 22 to present their prototype in the exclusive Inkathon presentation slot at Edvation x Summit 2019 (https://www.edvationxsummit.jp/en) on November 4, 2019, which is one of the largest EdTech event and community in Japan and Asia Pacific. The selected teams will be announced on the Website and on the BeMyAPP platform before October 22, 2019.

Phase 5: Final pitch

Date: November 4, 2019

Place: Edvation x Summit 2019, Tokyo, Japan

Object: The Appointed Teams) will present their prototype in the exclusive Inkathon presentation slot at Edvation x Summit 2019 (https://www.edvationxsummit.jp/en) on November 4, 2019 and three (3) winning teams will be finally selected out of the Appointed Teams. The selected teams will also showcase their demo in the Wacom booth at the Edvation x Summit 2019.

Other: The Organizer will bear the costs of each member of the Appointed Teams going to Tokyo from his/her place of residence and his/her lodging fees in Tokyo (“Travel Compensation”) ; provided that (a) total Travel Compensation per one(1) Appointed Team will be up to USD 2,000, (2) his/her moving distance from his/her place of residence to Tokyo is 100km or more, (3) he/she will make flight classes and hotel rooms economy, (4) each Appointed Team will provide to the Organizer the estimate of total Travel Compensation with confirmation such as copy of receipt via email in advance by October 25th, 2019 and (5) he/she will issue the receipt for the hotel and flight to the Organizer on November 4th, 2019. The total Travel Compensation will be paid to a single bank account designated by each Appointed Team via wire transfer by the end of November, 2019.

ARTICLE 4 – DETERMINATION OF WINNERS

(1) Three (3) winning Teams will be finally selected and determined by the jury panel out of the Appointed Teams. The jury panel will be composed of people representing Wacom and other industry professionals. The composition of the jury panel will be communicated to the Participants.

(2) The jury panel will select the winning Teams based on the following criteria within each challenge:

Judging Criteria

25 POINTS: Innovation

– Is this solution different and unique from what is already on the market?

25 POINTS: UX/UI Interface

– Is this solution user-friendly?

25 POINTS: Market Potential

– Will this solution have viable reach, and market potential for ‘company’ account holders?

25 POINTS: Quality

– Jury decisions are final and cannot be challenged.

ARTICLE 5 – PRIZES AWARDED

(1) The Online Competition is endowed with a total of USD25,000 of price money which will be awarded to the three (3) winning teams for the following categories:

1st Prize: $12,000

2nd Prize: $8,000

3rd Prize: $5,000

(2) Additional challenges may be announced before and during the Online Competition.

(3) The gained prizes are neither exchangeable nor refundable against their cash value. Organizer reserves the right, if circumstances so require, to replace the prizes with others of equivalent value, without liability being incurred thereby.

ARTICLE 6 – PRIZE ALLOCATION

(1) Prize allocation for the individuals: Prizes will be sent by the Organizer via wire transfer to each individual member of the winning teams within a maximum of 12 (twelve) weeks after November 4. If an individual member of a winning team does not provide his/her information required to receive the prize, Wacom will suspend the routing of the prize until the required information is delivered to the respective Wacom point of contact. Wacom is responsible for prize allocation to each individual member of the winning teams and prize money will be divided equally between each member of a winning team.

(2) Prize allocation for the entities: Prizes will be sent by the Organizer via wire transfer to a single bank account indicated by each entity team within a maximum of 12 (twelve) weeks after November 4. If the winning team does not provide the information required to receive the prize, Wacom will suspend the routing of the prize until the required information is delivered to the respective Wacom point of contact. Each company is responsible for prize allocation to each individual member of the winning teams.

(3) If the address of a winner is unusable (illegible, incomplete or erroneous), the latter will lose the profit of its prize. In addition, the Organizer cannot be held liable because of an error of routing of the prize, the loss of the prize during shipment, or inability to contact the winner.

ARTICLE 7 – COMPENSATION

Participants waives all his/her claims regarding any compensation against the Organizer due to his/her participation to the Online Competition.

ARTICLE 8 – ENTRY WARRANTY

By entering this Competition, each Participant hereby represents, warrants and agrees to produce written evidence of such if requested, that:

(i) The Entry, in whole and in part (the “Entry” shall include any materials provided in connection with the Entry), does not violate or infringe upon any third-party rights, including proprietary or intellectual property rights such as copyrights, trademarks, patents, trade secrets, personal or moral rights, or any other rules or regulations;

(ii) The Entry, in whole and in part, is submitted to the Competition by or with the permission of all persons (living or deceased), venues and/or entities who worked on, were engaged to work on, or contributed in any respect to the Entry or any part thereof, who are depicted (directly or indirectly) in the Entry by name, likeness, voice, image or any other information or indicia of persona, or who otherwise have any right, title and interest in and to the Entry or any part thereof (including but not limited to rights arising from a work for hire relationship), and all such persons, venues, and/or entities have provided their written consent to submission of the Entry and its use pursuant to these Terms and Conditions;

(iii) Participant has all other rights, licenses, permissions, and consents necessary to submit the Entry and to grant all of the rights granted to the Competition Entities in these Terms and Conditions(and in any written Agreement signed by Participant), and the exercise thereof by the Competition Entities and/or the use by them of the rights granted by Participant, in whole or in part, does not and will not give rise to any alleged or actual claims, disputes, actions or liabilities, including but not limited to those for disputes or payment of any kind, including without limitation royalties, residuals, attribution, credit, dues, consultation or any other fees, costs, or expenses;

(iv) The Entry in whole or in part contains no malware, including without limitation viruses, trojans, worms, spyware, or any other harmful software, code, or other devices; (v) The Entry in whole or in part contains no pornographic, sexually explicit (including nudity), defamatory, offensive, violent, discriminatory, cruel, abusive, highly sensitive, grossly harmful, harassing, invading someone else’s privacy, libelous, threatening, hateful, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, harm minors in any way, deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature, impersonate another person, contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, threatens the unity, integrity, defense, security or sovereignty of a jurisdiction, friendly relations with foreign states or public order or illegal content, and/or technology or other content that is prohibited from export, content of an obscene or menacing character, prevents investigation of any offense, and does not otherwise offend against reasonable standards of taste and decency; and

(vi) The Entry in whole or in part does not contain information considered by Participant, its employer, or any other third party to be confidential.

In order to be eligible for this Competition, the submitted Entry, in whole and in part (and its Participant) must comply with all other terms stated in these Terms and Conditions (which may be amended or varied at any time by the Organizer without notice at the Organizer’s sole discretion and will be posted in revised terms and conditions on inkathon.bemyapp.com.

ARTICLE 9 – MODIFICATION, INTERRUPTION AND TERMINATION OF THE ONLINE COMPETITION

The Organizer reserves the right to shorten, extend, modify or terminate the Online Competition, or a part of the Online Competition without reason at its discretion.

In such case, the Organizer will provide notice thereof to the Participants by any means of its choice (including email and/or publication on the Website), and, if the need arises, will communicate to the Participants the new rules applicable or the new date of the Online Competition, as the case may be. Each Participant may notify the Organizer by email that s/he refuses the new conditions of the rules, in which case s/he will be excluded from participating, which s/he expressly accepts. If no refusal is communicated to the Organizer within 72 hours, the new conditions of the rules will be deemed to have been accepted by Participants.

In case of a modification to the rules and or these Terms and Conditions, cancellation or interruption of the Online Competition, or a reduction or an extension of its length, the Organizer waives all liability and Participants will not be entitled to any compensation.

ARTICLE 10 – FRAUD

The Organizer may cancel all or part of participation in the Online Competition if it appears that fraud has occurred in any form whatsoever, in particular computer fraud, during the Online Competition. The Organizer reserves, in this case, the right to recall or not to award prizes to fraudsters, to disqualify the concerned prototype project and/or to bring actions against the authors of these frauds. The Organizer shall not incur any responsibility towards the Participants because of the committed frauds.

Furthermore, neither Wacom nor BeMyApp will be liable in case of damage, whether material or immaterial, caused during the Online Competition and thereafter, to the Participants, to their computing equipment, or to the data, including consequences which may ensue from it on their personal, professional or commercial activity.

ARTICLE 11 – EXPLOITATION RIGHTS AND INTELLECTUAL PROPERTY

Any intellectual property rights related to the prototypes developed and created during the Online Competition shall remain the property of the creating company, team, or participant.

During the Online Competition, the Participants shall only use elements which are clear of any rights. Any third-party elements included in the prototype, including open source software, must be clearly identified with their version, the terms of the applicable license and any other details regarding their use. The Participant understands that this information is taken into account in the assessment for the allocation of a prize.

Each Participant warrants to the Organizer that their creation or prototype does not infringe in any way any third-party rights, including intellectual property rights, and that s/he obtained, where necessary, the authorization of all applicable third parties. Each Participant shall indemnify and hold harmless Organizer and their affiliates from and against any and all costs, expenses, damages or liabilities of any kind which may be incurred, suffered or threatened against Organizer and their affiliates arising out of a breach by the Participant of this Article 10.

By joining the Online Competition, Participants expressly authorize Wacom and its affiliates, for free, to publish, communicate, exhibit and disclose orally, graphically or in writing, projects and prototypes presented during the Online Competition. Each Participant agrees to be exposed in the media as well as social media (portfolio, website, etc.) and authorizes Wacom and its affiliates for free, to present all the works realized on all the communication media used in support of this Online Competition as well as to mention team names, first names and images of the Participants.

The Participants shall not acquire any full or partial right of any kind on the name and trademark “Wacom” nor on any names and/or brands associated with Wacom, used alone, in association with or as part of another word or name, or any rights on trademarks, names or logos of Wacom, or any of its affiliates. Participants shall not use such names, trademarks, service marks, logos, trade names and/or branding.

Except as provided otherwise between a Participant or Participant Team and Wacom, nothing in these Terms and Conditions shall be deemed to grant a party, either directly or indirectly, any right, title or license to any prototype, creation or idea which is developed during this Online Competition by any other party. However, if the Participant wishes to grant another party any right in his/her prototype, creation or idea, he/she shall first offer to Wacom the option to acquire the rights in their prototypes for commercial use. The conditions of this assignment of rights shall be defined by way of a separate agreement between Wacom and the Participant(s).

Neither BeMyApp nor Wacom shall be required to protect the intellectual property rights of the Participants.

ARTICLE 12 - CONFIDENTIALITY

The Participant acknowledges the confidentiality of all information and documents which have been shared with him/her throughout the whole duration of the Online Competition. The information shared with him/her by the Organizer or shared with him/her indirectly after the registration of the Online Competition will be deemed as the confidential information.

The Participant shall not directly or indirectly use or share any confidential information with any third party, unless s/he has obtained a written authorization to do so from the legitimate disclosure of the information.

This confidentiality obligation shall be effective for the whole duration of the Inkathon Online Competition and continue to be effective for 24 months from the last date of the Online Competition.

ARTICLE 13 – PROTECTION OF PERSONAL DATA

(1) Each participant provides the Organizer with certain identifying information when he/she register online in accordance with Article 5 hereof. The Organizer use personal information relating to each Participant (“Personal Information”) for purposes that:

(i) To operate the Online Competition. The Organizer properly operates and completes the Online Competition. In particular, the Organizer use the Personal Information to contact the winner and to award them prizes in an efficient way and, if the case arises, to publish the list of the winners.

(ii) To get in contact with the Participants. The Organizer use the Personal Information to get in contact with the Participants for post event communication; and

(iii) To provide the possibility for direct communication. The Organizer use the Personal Information to inform about interest from Online Competition sponsors for direct communication.

(2) The Organizer may share Personal Information with BeMyApp, who may use such information to organize the Online Competition on behalf of the Organizer. Further, subject to obtaining prior consent from Participants, the Organizer may share Personal Information with the Online Competition sponsors.

(3) Personal Data you submit to Wacom when you participate in the Inkathon Online Competition will be treated in accordance with Wacom Privacy Policy https://www.wacom.com/en-jp/privacy and applicable data protection laws.

ARTICLE 14 - RESPONSIBILITY

Organizer reminds Participants about the characteristics and limits of the internet network and declines any responsibility regarding any consequences that may occur while they are connected to the internet network on the event websites and during their participation in the Online Competition.

Neither BeMyApp nor Wacom shall be responsible if Participants cannot connect to the website of the Online Competition due to a technical fault or in the event of any problem linked namely and not exclusively to (1) network overload; (2) an electric or human error; (3) any malicious intervention; (4) an issue related to a phone line; (5) an issue related to hardware or software; (6) a hardware or software malfunction; (7) a case of emergency; (8) disruptions that may affect the smooth running of the Online Competition.

It is the Participant’s responsibility to take appropriate measures to protect his/her own data and/or software located on his/her computer equipment, against any violation. The Participant’s connection to the event websites and their participation in the Online Competition is made under their own sole responsibility. Neither BeMyApp nor Wacom shall be responsible for any infection by potential viruses on the Participant’s computer equipment, or of the intrusion of a third party on their system.

Neither BeMyApp nor Wacom shall be responsible if, for any reason, data related to a Participant’s registration doesn’t reach the Organizer or is illegible or impossible to process.

Organizer reserves the right to exclude any Participant or person disrupting the Online Competition’s smooth running. Organizer reserves the right to use any recourse, including suing anyone suspected of cheating, falsifying, or disrupting the process described in this Terms and Conditions, or suspected of trying to accomplish such actions. Any Participant deemed by the Organizer to have disrupted the Online Competition in any of the ways stated above, will be deprived of the right to obtain any prize, and no claim will be accepted consequently.

Participants remain solely and entirely responsible for the damages caused by them or their equipment to goods or people during the Online Competition. They see to covering their risks by their own insurance and renounce any right to resort to Wacom or BeMyApp in that respect.

Protecting his/her intellectual property rights remains the sole responsibility of the Participants. Neither Wacom nor BeMyApp shall be responsible or liable for any third party infringement (including infringements by other Participants) to any intellectual property right of the Participants.

ARTICLE 15 LIMITATION OF LIABILITY

IN NO EVENT SHALL WACOM BE LIABLE TO PARTICIPANT OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WACOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE MAXIMUM LIABILITY OF WACOM UNDER THIS AGREEMENT FOR ANY CLAIMS IN CONNECTION WITH THIS AGREEMENT (INCLUDING CLAIMS RELATING TO THE PERFORMANCE OR BREACH OF THIS AGREEMENT), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AT LAW OR EQUITY, SHALL NOT EXCEED THE GREATER OF $100 USD.

ARTICLE 16 MATERIAL USED FOR THE ONLINE COMPETITION

The use of any materials such as WILL™ technology and its documentation made available to the Participants by or on behalf of Wacom in connection with the Inkathon Online Competition will be governed by these Terms and Conditions.

The Participants agreed that these materials are only permitted for the usage in accordance with these Terms and Conditions and not for any commercial use or future commercial use.

For access and usage for the WILL™ technology, a Wacom Developer account needs to be created under developer.wacom.com and additional licensing terms applicable to the WILL™ technology must be accepted by each Participant.

During the Online Competition, Organizer may provide technical support beyond available documentation on voluntary basis primarily for supporting the completion of the application prototypes for the Online Competition.

ARTICLE 17 – GENERAL CONDITIONS

This document is accessible on the event website during the full duration of the Online Competition.

Participation in the Online Competition implies full acceptance, without reservation, of these Terms and Conditions. Participation in the Online Competition is strictly personal, and the Participant cannot, under any circumstances, be replaced. Any claim relating to the Online Competition will be barred after a period of three (3) months from the deadline for participation stipulated in Article 1.

These Terms and Conditions and any contractual and non-contractual disputes in connection with them shall be governed by, construed and take effect in accordance with the laws of Japan, excluding its conflicts of laws principles. Participant agree to submit to the personal and exclusive jurisdiction in the Tokyo District Court, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conventions or otherwise.