Mentor Participant Agreement

GOOGLE CODE-IN 2018
MENTOR PARTICIPANT AGREEMENT
(Organization’s Mentors and Administrators)

PLEASE READ THIS MENTOR PARTICIPANT AGREEMENT CAREFULLY.

By registering and clicking “I have read and agree to this Participant Agreement” you agree to be bound by the terms of this Mentor Participant Agreement (“Agreement”) and it forms a binding legal agreement between Google LLC, having a principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”), and you with respect to the Google Code-in 2018 Contest (“Contest”).

If you do not agree to these terms and conditions, please do not click the "I have read and agree to this Participant Agreement" checkbox and you may not participate in the Contest.

The words "include" and "including" as used in this Agreement mean “including but not limited to.”

  1. Registration.
    1. Eligibility for Participation. By registering to be a mentor or administrator in the Contest, you represent and warrant that:
      1. you are a contributor to an active and viable open source or free software organization;
      2. you are not a resident of a United States embargoed country;
      3. you are not ordinarily resident in a United States embargoed country, or otherwise prohibited by applicable export controls and sanctions programs; and
      4. you are:
        1. at least eighteen (18) years of age; or
        2. between the ages of thirteen (13) to seventeen (17) and your parent or legal guardian consents to your participation as a mentor as evidenced by their signing of the Google Code-in Contest Parental Consent and Waiver and Release ("Parental Consent"). As part of your registration process, you must submit your signed Parental Consent to Google at gci-support@google.com.
    2. Verifying Eligibility. Google reserves the right to verify your eligibility at any time. You agree to provide Google with any proof of eligibility requested by Google and refusal or failure to timely provide such proof may result in your removal from the Contest.
    3. Assignment. In order to be a mentor, you must either be: (i) an administrator, or (ii) assigned as a mentor on the Contest website by your administrator.
  2. Participation.
    1. Conduct.
      1. You agree to use professional and courteous conduct when interacting with the contestants; otherwise, you will be removed from the Contest.
      2. You agree to respond to contestant requests within thirty-six (36) hours.
    2. Eligibility for Promotional Materials. Due to shipping difficulties, Google will not ship physical goods to the following countries: Argentina, Belarus, Brazil, Chile, Colombia, Kazakhstan, Mexico, Myanmar (Burma), Peru, Russia, and Ukraine (collectively, “Restricted Countries”). You acknowledge and agree that you will not receive any promotional materials (including t-shirts) from Google for your participation if you reside in a Restricted Country.
    3. Rights to Submissions.
      1. “Submission” means any materials you submit to Google in connection with the Contest.
      2. You retain all ownership rights you have in Submissions before submitting it.
      3. You grant Google a non-exclusive, worldwide, perpetual, irrevocable, free license (with the right to sublicense) to reproduce, prepare derivative works of, distribute, perform, display, and otherwise use the Submissions only for the purpose of administering the Contest and promoting Google Code-in.
  3. Privacy.
    1. How Google May Use Your Information.
      1. Google will use the information you provide during registration and in any subsequent communications to administer the Contest (including verifying your eligibility to participate in the Contest and sending notifications regarding the Contest). This data may be transferred into the United States and will be used and maintained in accordance with Google’s Privacy Policy.
      2. In addition to the uses set forth in Google’s Privacy Policy, Google may use your information as follows:
        1. Google may use your information to respond to participation verification requests from third parties pursuant to school admissions applications, employment applications, and the like that you have submitted to such third parties.
        2. Google may use your aggregated, non-personally identifiable information for statistical purposes.
        3. Google and its agents may use your name, likeness, and statements without compensation to promote Google Code-in, including displaying it on the Contest website.
    2. Sharing Information. In addition to the circumstances set forth in Google’s Privacy Policy, Google may share your information as follows:
      1. The display name you create during registration may be displayed publicly on the Contest website and any archives of the Contest website.
      2. Google may share your contact information with contestants and other third parties (such as shipping processors) to administer the Contest.
    3. Accessing Profile Information. You may access and review the personal information in your Contest profile and edit such information through your profile during the Contest period. If you would like to edit such information after the Contest period, you may write to Google (Attention: Open Source Programs Office) at the address listed in the preamble above for further assistance.
  4. Representations, Warranties, Indemnities.
    1. Representations and Warranties. You represent and warrant that:
      1. the information you provide about yourself while registering or in subsequent communications with Google is truthful and accurate; and
      2. in reviewing submitted entries from contestants, you will not discriminate on the basis of age, race, creed, color, religion, sex, sexual orientation, national origin, disability, marital or veteran status or any other basis that is prohibited by applicable law.
    2. Indemnities. You will indemnify Google and its affiliates, directors, officers, employees against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from your acts or omissions in relation to the Contest, including breach of this Agreement.
  5. Disclaimer. THE CONTEST WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOOGLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS OR IMPLIED), INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOOGLE IS NOT RESPONSIBLE FOR ANY INCOMPLETE, FAILED, OR DELAYED TRANSMISSION OF INFORMATION DUE TO THE INTERNET, INCLUDING INTERRUPTION OR DELAYS CAUSED BY EQUIPMENT OR SOFTWARE MALFUNCTION OR OTHER TECHNICAL PROBLEMS.
  6. Limitation of Liability.
    1. Liability. IN THIS SECTION 6 (LIMITATION OF LIABILITY), “LIABILITY” MEANS ANY LIABILITY, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, INCLUDING FOR NEGLIGENCE.
    2. Limitations. GOOGLE’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO DIRECT DAMAGES, WHICH WILL NOT EXCEED US$1,000 IN AGGREGATE.
    3. Exceptions to Limitations. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS GOOGLE’S LIABILITY FOR MATTERS FOR WHICH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.
  7. General.
    1. Assignment. You may not assign or delegate this Agreement or any part of it without the prior written approval of Google. Google may assign or delegate this Agreement or any part of it upon notification, which may be posted on the Contest website or sent to the contact information you provided upon registration.
    2. Google’s Affiliates, Consultants, and Contractors. Google may use its affiliates, consultants, and contractors in connection with the performance of its obligations and exercise of its rights under this Agreement.
    3. No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
    4. No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
    5. No Third Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
    6. Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement.
    7. Amendments. Any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
    8. Severability. If any term (or part of a term) of this Agreement is invalid, illegal or unenforceable, the rest of the Agreement will remain in effect.
    9. Translations. In the event of any discrepancy between the English version of this Agreement and a translated version, the English version will govern.
    10. Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
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