terms

Best Developers In Vietnam 2023 ("BDV 2023") is a technology competition ("Competition") organized by Positive Thinking Company Limited, headquartered at E.town 3 Building, 364 Cong Hoa Street, Tan Binh District, Ho Chi Minh City, Vietnam ("Positive Thinking Company").

By registering for, or participating in, the Competition, you (“you” or “Participant”) agree to these binding Terms with Positive Thinking Company (“Terms” or “Competition Terms”), accept all applicable rules relating to the Competition, consent to Positive Thinking Company collecting and processing your personal data in accordance with the Data Processing Notice And Consent Form here, and represent and warrant to Positive Thinking Company that you are eligible to participate in the Competition.

1.ELIGIBILITY

The Competition welcomes only teams of 2-4 individuals who are at least 18 years of age or older at the time of registration and have consented to these Terms. After registration and before taking the HackerRank Quiz, teams are allowed to add/change/remove team members as long as their team meets the criteria of 2-4 members. Please contact Positive Thinking Company at ptc_apac_external@positivethinking.tech for support. As soon as teams start the HackerRank Quiz, teams are not allowed to add/change/remove any team members unless under very special circumstances that could be approved by Positive Thinking Company at our own discretion.

The Competition is accessible to both Vietnamese and non-Vietnamese participants if they possess a valid work or student permit.

Participants must not currently reside in a country or territory where such competitions are prohibited by law.

2. TO JOIN THE COMPETITION

All participants must have access to the internet, possess a valid postal address, and provide a valid email address when signing up. Registration necessitates completing the Competition's registration form, including the required personal information. By registering for the competition, participants consent to Positive Thinking Company collecting and processing their personal data in accordance with the Data Processing Notice And Consent Form here.

Registration closes on October 15^th, 2023, at 11:59 PM GMT+7. Participants should be mindful of determining the accurate time zone relevant to their respective locations.

As part of Registration, participants will be obligated to furnish personal information about themselves. Positive Thinking Company may employ this information to confirm participants' eligibility, establish contact with participants, and for purposes connected to the Competition.

Each participant is limited to registering for the Competition with only one (1) valid participant profile and participating in only one (1) team. Engaging in the Competition with multiple participant profiles will result in disqualification.

3. WINNING TEAM DETERMINATION

The winning teams of the competition will be determined by the judges from Positive Thinking Company based on their sole evaluation and assessment of each team’s work and the rules announced by Positive Thinking Company at each round.

4. RULES AND GUIDELINES

5. DISQUALIFICATION

Positive Thinking Company retains the exclusive and complete authority to disqualify any team and/or revoke any Prize(s) that a participant may be entitled to receive if Positive Thinking Company reasonably suspects that such participants, when applicable, have violated these Competition Terms. Any such decision by Positive Thinking Company will be binding and non-negotiable.

6. OWNERSHIP, RIGHTS IN PARTICIPANTS’ SUBMISSIONS

License to Use Content; Reservation of Rights: You are granted permission to utilize the code and content provided by Positive Thinking Company as part of the Competition solely for the purpose of preparing for and participating in said Competition. Positive Thinking Company maintains all rights over this code and content that are not explicitly granted by the Terms or Competition rules for which you have registered.

Ownership of Submissions: You retain full ownership rights to the source code and any other work products you submitted to the Competition, which you possessed prior to submission. However, by participating in the Competition, the participants grant Positive Thinking Company an unrestricted, sublicensable, transferable, perpetual, irrevocable, worldwide, free license to utilize, display, reproduce, distribute, and create derivative works based on the Submissions.

Permission to Record Participants: By participating in the Competition, you authorize Positive Thinking Company to create and commission audio, visual, and audiovisual recordings of you while engaged in the Competition (collectively referred to as the "Recordings"). You also grant Positive Thinking Company an unrestricted, sublicensable, transferable, perpetual, irrevocable, worldwide, free license to utilize, display, reproduce, distribute, and create derivative works based on these Recordings to promote the Competition, including live broadcasts. You waive all rights, including prior approval rights, and release Positive Thinking Company and its agents from any legal claims or actions, known or unknown, related to defamation, copyright infringement, invasion of privacy, publicity, or personality rights, arising from the use and exploitation of the Recordings.

Photographs and/or Videos Participant Send to Positive Thinking Company: As a participant, if you choose to send photographs and/or videos to Positive Thinking Company in connection with your participation in the Competition (referred to as "Participant-Provided Content"), you may only send content featuring yourself or non-personal objects. You grant Positive Thinking Company an unrestricted, sublicensable, transferable, perpetual, irrevocable, worldwide, free license to use, display, reproduce, distribute, and create derivative works based on the Participant-Provided Content to promote the Competition. You relinquish all rights, including prior approval rights, and release Positive Thinking Company and its agents from any legal claims or actions, known or unknown, related to defamation, copyright infringement, invasion of privacy, publicity, or personality rights, arising from the use and exploitation of the Participant-Provided Content.

Social Media: If a participant (i) posts on their social media page using any Competition hashtag (e.g., #BestDevelopersinVietnam) or (ii) shares or posts content on a Competition social media page (collectively referred to as "Social Media Content"), Positive Thinking Company may feature such Social Media Content in marketing and promotional materials for the Competition. Participants grant Positive Thinking Company an unrestricted, sublicensable, transferable, perpetual, irrevocable, worldwide, free license to use their Social Media Content to promote the Competition. Participants warrant that they have the authority to grant this license. Participants waive all rights, including prior approval rights, and release Positive Thinking Company and its agents from any legal claims or actions, known or unknown, related to defamation, copyright infringement, invasion of privacy, publicity, or personality rights, arising from the use and exploitation of any Social Media Content.

Permission to Use Participant Name and Likeness: By registering for or participating in the Competition, you consent to Positive Thinking Company and its agents using your name, likeness, and statements about the competition without compensation for promotional purposes, including displaying them in all the Competition's communications materials and channels.

Candidate Privacy Statement: Upon registering for or participating in the Competition, you hereby consent to adhere to Positive Thinking Company's candidate privacy statement, which can be accessed at https://positivethinking.tech/privacy-policy. By doing so, you acknowledge that Positive Thinking Company may reach out to you in the future with information about potential job opportunities.

7. AMENDMENTS

Positive Thinking Company retains the right to modify these Competition Terms at its sole discretion, periodically.

8. PRIZES

The prizes to Winning Teams will be net of any taxes Positive Thinking Company is required by law to withhold. Winners will receive prizes in VND.

9. TAXES

All taxes imposed on prizes are the sole responsibility of the Winning Teams.

10. DISCLAIMERS & ADDITIONAL TERMS

Positive Thinking Company retains the exclusive discretion to modify, suspend, cancel, or terminate the Competition, extend or resume the entry period, or disqualify any participant or entry at any time, without prior notice. To the fullest extent permitted by law, Positive Thinking Company and its affiliated entities will not be held liable to you in connection with the Competition or these Terms. Additionally, you agree that any ambiguity in these Terms will be interpreted according to Positive Thinking Company's understanding.

Positive Thinking Company bears no responsibility for any incomplete, failed, or delayed transmission of your application information or submissions over the Internet, including interruptions or delays resulting from equipment or software malfunctions or other technical issues. Your use of all source code available on the Competition website is at your own risk.

If any provision of these Terms is deemed invalid or unenforceable, the remainder of these Terms will not be adversely affected by such a determination. Any such invalid or unenforceable provision shall be substituted with a new provision that is valid and enforceable to the greatest extent possible, and the Terms will continue to be in effect. These Terms are governed by the laws of Vietnam, irrespective of conflicts of laws principles, and both parties agree to the exclusive jurisdiction of the Vietnam courts for any disputes arising from these Terms. You are solely responsible for your personal income tax obligations, and you acknowledge and understand that taxes may be applicable to any prize paid or awarded to you. Positive Thinking Company retains all rights to deduct any applicable withholding tax from the value of any prize.