NO PURCHASE NECESSARY TO ENTER OR WIN, A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.

The 2019 Topcoder Open (the “Tournament” or “TCO19”) will be held from August 1, 2018 until the onsite finals, which will be held at a location and on dates to be determined at a later date. The online portion of the Tournament will begin on August 1, 2018 and end on July 31, 2019. Your participation in TCO19 constitutes agreement with the terms and conditions on this webpage and the webpages with rules regarding each of the specific types of Competitions (collectively, the “TCO Rules”) between you and Topcoder, Inc. (“Topcoder”). By participating in the Tournament, you also agree to be bound by Topcoder’s terms of use (the “Terms of Use”), available at http://www.topcoder.com/community/how-it-works/terms/ which are incorporated herein by reference (the Terms of Use and the TCO Rules, collectively, the “Rules”). Capitalized terms not defined in the TCO Rules shall have the meanings attributed to them in the Terms of Use. These TCO Rules are intended to add rules and obligations beyond those covered by the Terms of Use, and so to the extent there is any duplication or conflict of terms between the TCO Rules and the Terms of Use, they should be construed as to impose the maximum obligations as between the two sets of terms.

The online portion of the TCO19 will consist of four stages and will start on August 1, 2018 and will go as follows:

Topcoder reserves the right to add or remove competition tracks as needed. Competition periods and prizes may be changed at any time at Topcoder’s sole discretion.

Entering the Tournament

The Tournament is brought to you by Topcoder, Inc. and is designed to showcase the most prestigious members in the Topcoder community. The Tournament consists of several competitions: Algorithm, Design, Development, First2Finish (F2F), Marathon, and Prototype (each a “Competition”). The Tournament is open to all Topcoder members who meet the criteria outlined herein. Registration for a TCO19 eligible challenge automatically registers you for the TCO19. For more information about the deadlines for participating in and the specific rules for each Competition, please refer to the specific area of these Rules for such Competition.

General Submission Requirements

All Contestants participating in a Competition will see a Submit option. Clicking the Submit link will take the Contestant to a page that will allow the Contestant to upload information about their submission in the Competition (“Submission”).

The requirements for a Submission will vary depending on the Competition, so please refer to the specific area of these Rules for each Competition before submitting.

Topcoder reserves the right at any time to disqualify a Submission from a Competition where, acting in good faith, it believes there are reasonable grounds to warrant disqualification, for example, if Topcoder determines that the Submission does not provide the functionality described or required, or the Submission appears to be purposely designed to circumvent these Rules or the spirit of the Tournament and/or Competition.

How to participate

In order to determine how to participate in a Competition, please refer to the specific areas of these Rules for such Competition.

Conditions of Participation

By participating in the Tournament and/or a Competition, you agree to be bound by these TCO Rules, the Terms of Use and to all decisions of Topcoder, which are final, binding and conclusive in all matters. As a condition of participating in this Tournament and/or a Competition and by submitting a Submission, each Contestant agrees to permit Topcoder to describe, publicize, and link to your entry as described further below.

Contestants must not cheat; all ideas for Submissions must be solely the Contestant’s. Unless otherwise set forth in these Rules, Contestants may not collaborate on a Submission.

IN ORDER TO BE ELIGIBLE, YOU WARRANT THAT YOUR SUBMISSION FOR EACH COMPETITION:

• Does not include or anticipate the inclusion of any unsuitable or offensive content, including nudity, sexually explicit, disparaging, libelous or other inappropriate content.

• Does not include or anticipate the inclusion of any content that is in violation of or infringes third party intellectual property rights including, but not limited to copyrights, including music copyrights, trademarks, and rights of publicity.

• Has not been entered in previous contests, or won previous awards.

• Has not been published or distributed previously in any media.

• Is suitable for a general audience;

• Does not contain any claims that are not and cannot be substantiated or that would be false and/or misleading to a reasonable consumer.

All decisions relating to the viability of Submissions, the ranking of Submissions and all other matters pertaining to the Tournament, each Period and each Competition are within the sole discretion of Topcoder or its designee and shall be final and binding in all respects.

By participating in the Tournament and/or a Competition, a Contestant who wins a prize releases and agrees to hold harmless Topcoder, its affiliates, subsidiaries, sponsors, advertising and promotion agencies, and prize suppliers, and all of their respective directors, officers, employees, representatives and agents, from and against any and all liability for any loss, property damage or damage to person, including without limitation, death and injury, due in whole or in part, directly or indirectly, from or arising out of participation in the Tournament and/or Competition, or participation in any Tournament and/or Competition-related activity, or the receipt, use or misuse of a prize.

Topcoder reserves the right to limit the participation of any person in the Tournament and/or any Competition, amend or interpret these Rules or official communications governing the Tournament, a Period and each Competition or cancel the Tournament, a Period or any Competition for any reason with prior notice. Notices for any such amendment, interpretation or cancellation will be deemed to have been given by posting on the Topcoder website and by virtue of a Contestant’s continued participation in the Tournament, a Period and/or Competition. A Contestant may terminate participation in the Tournament, a Period and each Competition upon written notice to Topcoder.

Eligibility

Eligibility requirements are set forth in the Terms of Use.

General Information About Prizes

General information regarding prizes is set forth in the Terms of Use under the heading “Prize Payment Liability.”

License to Submissions

As a condition of participation, Contestants hereby grant a perpetual, royalty-free, irrevocable, non-exclusive license to Topcoder (a) to use, reproduce and publish Submissions or material submitted in connection with the Tournament or Competition; (b) to publicly display, and/or feature your Submission and all its content and all submitted material in connection with the promotion of the Tournament or the Competition in all media (now known or later developed); and © store your Submission, its content and submitted material on Topcoder’s servers, for marketing purposes, and/or for the promotion of the Tournament and/or the Competition. You agree to sign any necessary documentation that may be required by Topcoder or its designees to make use of the rights you granted above. You also understand and acknowledge that Topcoder, any Tournament or Competition sponsor(s), and/or other Contestants may have developed or commissioned materials similar or identical to your Submission and you waive any claims you may have resulting from any similarities to your Submission.

Nothing in these Rules shall be construed as granting you any right or license under any intellectual property right of Topcoder or any Tournament or Competition sponsor(s) (including any rights they may have in any patents, copyrights, trademarks, service marks or any trade secrets) or in Topcoder‘s web site, by implication, high estoppel or otherwise, except as may be expressly set forth herein.

Confirmation

All Contestants who have advanced or won a trip to the one of the onsite portions of the Tournament (“Onsite Contestants”) must confirm attendance by a date TBD. More details to follow. Contestants are eligible to win only one trip to the onsite tournament regardless of the track they compete in. However, contestants with more than one win across different tracks will receive $500 in lieu of each extra trip won.

Event Details

The TCO19 Finals will be held at a location and on dates to be determined at a later date.

Indemnification and Release

By submitting a Submission and/or otherwise participating in forum and newsgroup discussions on Topcoder‘s customer and developer forums, Contestant agrees to indemnify Topcoder and any parent, subsidiary or affiliated entities, Topcoder‘s officers and employees, and officers and employees of any parent, subsidiary or affiliated entities and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from Contestant’s use of Topcoder‘s website(s) and/or the materials gained from Topcoder‘s website(s) or directly from Topcoder, including any material (including third party material) that Contestant posts on Topcoder‘s website(s) or in any news forums and any services or products available through Topcoder‘s website(s). In addition, Contestant hereby releases Topcoder and any parent, subsidiary or affiliated entities, Topcoder‘s officers and employees, and officers and employees of any parent, subsidiary or affiliated entities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that Contestant may have against them arising out of or in any way related to such disputes and/or to any services or products available at Topcoder‘s website(s). Contestant hereby agrees to waive all laws that may limit the efficacy of such releases.

By registering and/or participating in the Tournament or a Competition the Contestant agrees to release Topcoder and any Competition sponsor(s), and its affiliates and agents, and the officers, employees, affiliates, advertising and promotions agencies, prize suppliers, and all of their employees, officers, directors, shareholder’s and agents (collectively, the “Releasees”) from any and all liability or any injuries, loss or damage of any kind arising from or in connection with the Tournament or a Competition, the use of any Submission, or the acceptance or use of any prize won, except where prohibited by law.

Releasees assume no responsibility for incomplete, misdirected, damaged or illegible entries nor for any delayed Submissions or those not received for whatever reason, including without limitation due to internet or e-mail server failure, telephone, human, or other higherror or for any technical or other malfunctions that may occur including any injury or damage to Contestant’s or any other person’s computer relating to or resulting from participation in the Tournament or a Competition or downloading any materials during or for the Tournament or a Competition.

DISCLAIMER

THE MATERIALS AND SERVICES ON TOPCODER‘S WEBSITE(S) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOPCODER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOPCODER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TOPCODER ‘S WEBSITE(S) OR THE SERVER(S) THAT MAKES TOPCODER ‘S WEBSITE(S) AVAILABLE OR ANY ADVERTISED OR HYPERLINKED SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TOPCODER ‘S WEBSITE(S), SERVER(S), ADVERTISED OR HYPERLINKED SITES WILL BE ACCESSIBLE AT ALL TIMES. TOPCODER DOES NOT WARRANT THAT SUCH ERRORS, DEFECTS OR INTERRUPTIONS IN SERVICE WILL NOT AFFECT THE RESULTS OF ITS COMPETITIONS AND SOFTWARE DEVELOPMENT PROCESS, AND TOPCODER DISCLAIMS ANY RESPONSIBILITY FOR REDUCED PERFORMANCE OR INOPERABILTIY IN COMPETITIONS OR IN SOFTWARE DEVELOPMENT DUE TO SUCH PROBLEMS. TOPCODER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF ITS WEBSITE(S) WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Documents, graphics and other materials appearing at Topcoder‘s website(s) may include technical inaccuracies, typographical higherrors, and out-of-date information and use of such documents, graphics or other materials is at Contestant’s own risk.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOPCODER SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF WINNINGS, DATA OR OTHER DAMAGE TO ANY OTHER INTANGIBLE PROPERTY, EVEN IF TOPCODER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR INABILITY TO USE ITS WEBSITE(S), (ii) THE POSTING OF INFORMATION TO, OR THE RECEIPT OF INFORMATION FROM, ITS WEBSITE(S), (iii) THE DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, (iv) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR (v) ANY OTHER MATTER RELATING TO TOPCODER.

Choice of Law and Forum

These Rules are governed by the laws of the State of California. Contestant hereby agrees to submit to the exclusive jurisdiction of the courts located in San Francisco County, California. To the extent that applicable laws have mandatory application to these Rules or give Contestant the right to bring action in any other courts, the above limitations may not apply to such Contestant. Use of Topcoder‘s website(s) and participation in the Tournament or a Competition is unauthorized in any jurisdiction that does not give full effect to all provisions of these Rules.

Severability and Enforceability

If any provision or portion of these Rules or the Terms of Use is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Rules and Terms of Use.

Privacy

All information is collected in the United States, and the use of any personally identifiable information is subject to the terms of the Topcoder Privacy Policy located here.

By entering or participating in the Tournament, a Period or a Competition, the Contestant acknowledges that Topcoder and any Competition sponsor will collect, process and use the personal data provided by the Contestant in connection with and for the purpose of administering of the Tournament and a Competition, including disclosure of names and other information to third parties (e.g., hotels, travel agencies, consulates, etc…).

Termination/Exclusion

Topcoder reserves the right, in its sole discretion, to revoke any and all privileges associated with the Tournament, a Period and a Competition, and to take any other action it deems appropriate including but not limited to disqualification of a Submission or terminating or suspending a Contestant’s use of www.topcoder.com and/or www.software.topcoder.com for no reason or any reason whatsoever, including improper use of its website(s) or failure to comply with these Rules, or the Terms of Use of Topcoder’s websites, which are incorporated herein by reference.

If for any reason the Tournament, a Period or a Competition is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, uploads of malicious files or viruses, or any other causes beyond the control of Topcoder which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Tournament, a Period or a Competition, Topcoder reserves the right at its sole discretion, to disqualify any entry or any individual who tampers with the entry or judging process, and to cancel, terminate, modify or suspend the Tournament, a Period or a Competition and select winners using all eligible, non-suspect Submissions received as of the date of termination. Releasees assume no responsibility for any higherror, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Submissions.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE TOURNAMENT OR A COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TOPCODER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

Competition Specific Rules

• For rules specific to the Algorithm Competition, here.

• For rules specific to the Development Competition, please refer here.

• For rules specific to the First2Finish Competition, please refer here.

• For rules specific to the Marathon Competition, here.

• For rules specific to the UI Design Competition, please refer here.

• For rules specific to the QA Competition, please refer here.
  
  
  

Other

The Tournament and each Competition is void in whole or in part where prohibited by law. A list of winners by handles for the Tournament, each Period and each Competition will be available on the web site at http://www.topcoder.com/ displayed for at least 3 months after the end of the Tournament, each Period and each Competition.

Topcoder may assign, novate or subcontract any or all of its rights and obligations under these Rules at any time. The Tournament and each Competition is brought to you by Topcoder, Inc., 201 S Capitol Ave, Indianapolis, IN 46225.

If you have any questions regarding these Rules, contact us at support@topcoder.com.

All trademarks, tradenames, and/or tradestyles used in the Tournament and a Competition are the sole property of the respective owners of such trademarks, tradenames, and/or tradestyles and are used herein solely for identification purposes.