Duck Creek Technologies LLC and its affiliates (together “Duck Creek”) are pleased to host the 2023 Hatch-A-Thon which is governed by this Participation Agreement (“Agreement”).

By entering the Hatch-A-Thon, you (“Participant”) agree to accept and abide by the Terms and Conditions (“Terms”) laid out within this Agreement as a binding legal agreement between Participant and Duck Creek with respect to the Hatch-A-Thon. To register for the Hatch-A-Thon, you must complete the Hatch-A-Thon registration process. If you are registering on behalf of another person, it is your responsibility to ensure that the person attending is aware of these Terms and accepts them. By completing registration, you warrant you have made the attendee aware of these Terms. Unless the Hatch-A-Thon’s registration webpage specifies otherwise or we expressly inform you otherwise, you must be at least 18 years of age on the first day of the Hatch-A-Thon. Hatch-A-Thon registration is subject to availability and may close earlier than the posted deadline, as determined in our sole discretion. We may also change the Hatch-A-Thon program at any time in our sole discretion. This Hatch-A-Thon is limited to Duck Creek customers and individuals invited by Duck Creek. You will at all times comply with the

SAFETY AND SECURITY.

Your safety and security is important to us. For in-person events, you understand that you and your property may be subject to a reasonable search upon entry to the Hatch-A-Thon. If you refuse to participate in these security measures, we may deny you entry. We also reserve the right to ask you to leave Hatch-A-Thon if your behavior causes us concern for the safety or security of Hatch-A-Thon attendees or otherwise does not comply with our Event Code of Conduct.

ELIGIBILITY

Participants may be from any organization that is participating in Duck Creek’s 2023 Formation.

OWNERSHIP OF ENTRIES

Hatch-A-Thon Participants shall own all intellectual property rights in their own submission; provided, that, Participant provides a royalty-free, worldwide, nonexclusive, irrevocable license to Duck Creek to use Participant’s submission in connection with Duck Creek marketing activities.  Participants are encouraged to use their own proprietary solutions to develop creative and efficient products and solutions to the problem statement and criteria outlined in the distributed materials from Duck Creek. However, you must get appropriate permission to make use of your organization’s proprietary designs and/or assets. Participant(s) represents and warrants that they have permission to use any and all assets including without limitation such proprietary assets and that use of such asset(s) do not infringe on the intellectual          property or proprietary rights of any third party, including, without limitation, any third party, patents, copyrights, or trademarks.

PARTICIPATION, LIMITATIONS, PRIZES AND AWARDS

Eligibility for  participation, consideration, invitations for testing, indicated prize(s) and/or future engagements with Duck Creek  are indicated within rules distributed to all participants.       Judging panels will be provided by Duck Creek and all decisions will be final and determined by Duck Creek in its sole discretion.

PUBLICITY AND PRIVACY

Except where prohibited, by participating in the Hatch-A-Thon, Participant understands that the Hatch-A-Thon may be photographed, videotaped, recorded, etc. and hereby grants Duck Creek the right to use or refrain from using Participant’s name, contact information, including without limitation e-mail addresses, and/or likeness and any and all footage about Participant’s participation in the Hatch-A-Thon and Participant’s Challenge submission in any manner or media that Duck Creek sees fit without Participant’s review or approval and without compensation. By participating in the Challenge, Participants agree that their personal data  provided as part of the Challenge may be used for the purposes of the Challenge.

LIABILITY RELEASE AND INDEMNITY

Participant shall release, indemnify, defend and hold Duck Creek and its officers, directors, employees, successors, partners and assignees harmless against any claims, losses, damages, liabilities and expenses (including reasonable attorneys’ and other professionals’ fees), whether known or unknown, currently accrued or accruing in the future, contingent or otherwise, incurred by Duck Creek at any time in connection with, arising out of or relating in any way to this Agreement or Participant’s participation in the Hatch-A-Thon.

DISCLAIMER

IN NO EVENT WILL DUCK CREEK BE LIABLE TO YOU, OR ANY THIRD PARTY RELATED TO OR AFFILIATED WITH PARTICIPANT, FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE HATCH-A-THON, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSORS HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

GOVERNING LAW AND SEVERABILITY

This Agreement and its terms and conditions are governed by the law of the Commonwealth of Massachusetts, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with the Hatch-A-Thon or the Terms must be brought in either the federal or state courts located in Boston, MA.  All disputes, claims and causes of action arising out of or in connection with the Hatch-A-Thon, prizes or the Agreement shall be resolved individually, without resort to any form of class action. Each of the Participants hereby submit to the exclusive jurisdiction and venue of such courts for the purpose of any such action. If for any reason any provision of this Agreement is adjudicated to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

GENERAL

The Hatch-A-Thon is subject to all applicable federal, state, and local laws and regulations. The Hatch-A-Thon is  offered by Duck Creek, which is not responsible for (i) late, lost, damaged, incomplete, or misdirected entries,  responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of Entries; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

Duck Creek reserves the right, in its sole discretion, to cancel, modify or suspend the Hatch-A-Thon in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Hatch-A-Thon is compromised, without liability to the Participants.  Duck Creek reserves the right to disqualify any Participant, as determined by Duck Creek, in their sole discretion.

MODIFICATIONS TO THESE TERMS.

We may modify these Terms at any time by posting a revised version on the Duck Creek Site. The modified terms will become effective upon posting. By attending the Hatch-A-Thon after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Duck Creek Site regularly for modifications to these Terms. We last modified these Terms on the date listed at the beginning of these Terms.

ENTIRE AGREEMENT; ENGLISH LANGUAGE.

These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms). If we provide a translation of the English version of these Terms, the English version of these Terms will control if there is any conflict.