Code for Change Official Rules

Code for Change (C4C) innovation contest (the “Competition”) is sponsored by Applications for Good (A4G) at One Economy Corporation, New York University Robert F. Wagner Graduate School of Public Service, NPower, Code for America, and Blue Ridge Foundation New York (collectively the “Sponsor(s)”). No purchase or payment necessary to enter or win. A purchase or payment of any kind will not increase your chances of winning. By entering the Competition you agree that your participation will be governed by, and you shall abide by, all of the following terms and conditions (the “Terms and Conditions”) outlined herein below:

1. Mission:

The goal of the Competition is to challenge emerging and experienced developers to design mobile applications, games and web based applications for the specific challenges outlined by leaders in nonprofit organizations and government agencies. Competition entrants are invited to submit any operable application, working prototype or executable design for Internet based technology that would increase access to services and life tools for any target audience of a participating service agency.

2. Eligibility:

The Competition is open only to individuals who are 18 years of age or older as of the date of entry and who are legal residents of one of the fifty (50) states of the United States or the District of Columbia or the U.S. Territories. The following are not eligible to enter or win the Competition: (1) employees, officers, directors and contractors of the Sponsors, and any member of their immediate family (i.e., a spouse, parent, grandparent, child or grandchild of the entrant) or household of any of the foregoing individuals; (2) employees of the City of New York and any member of their immediate family (i.e., a spouse, parent, grandparent, child or grandchild of the entrant) or household of any of the foregoing individuals; and (3) any member of the immediate family (i.e., a spouse, parent, grandparent, child or grandchild of the entrant) or household of any judge. The following judges have been identified: Arron Hurst, Beth Simone Noveck, Seth Pinsky. As other judges are identified, they will be announced to those entering the Competition. In order to be eligible to win, each Applicant must attend the September 28, 2012 Kick-Off event and the October 12, 2012 Expo in New York City at their own expense. Space is limited to both events and applicants must preregister.

3. A Final Submission:

A Final Submission consists of one or more of the following products that is designed as a solution to one or more Challenge Briefs authored at the Applications for Good Code for Change website: 1) A functioning mobile or web-based application; 2) A demonstrable digital prototype (using an SDK, wireframe model or other digital prototyping tools) of mobile or web-based application with an actionable plan for additional project completion; 3) A paper or slide-based prototype that represents a viable and actionable solution; or 4) Additional entry categories that may include: research posters, infographics, visualizations, contributions to open data, unique uses of application programming interfaces, all as determined by the Sponsors in their sole discretion. *All Applicants are encouraged to use an open-source software license, though they are not required to, to be eligible.

4. Entries by Teams:

Final Submissions may be submitted either by individuals or by groups of individuals (a “Team”). If a Final Submission will be submitted by a Team, the Team must consist of no more than six (6) individuals, and each member of a Team must satisfy the eligibility requirements set forth in these Terms and Conditions. Each Team must designate in the application a single member of the Team who will serve as the Team’s sole representative for communications and all other purposes in connection with the Competition (the “Team Leader”). All agreements, consents, representations and warranties made or given by a Team Leader herein or otherwise in connection with the Competition will be deemed by Sponsors as binding upon all members of the pertinent Team as if made by each such member. The Team Leader will be responsible for ensuring that all Team members have agreed in writing to these Terms and Conditions. Failure to comply may result in disqualification of the Team.

5. Entry Period:

The entry period for the Competition begins at 10:00 a.m. Eastern Standard Time (EDT) on Thursday, September 1st, 2012 and ends at 2:00 p.m. EST on Friday, October 12, 2012 or when all available Applicant spaces are filled. (the “Entry Period”).

6. How To Enter:

To enter, visit http://applicationsforgood.org/submit-a-solution/ (the “Site”) during the Entry Period and follow the entry instructions. To be eligible to win, Applicants, whether an individual or Team, must also submit a Final Submission (as defined below) in the English language no later than 2:00 PM EST, Friday, October 12, 2012. Proof of entry is not proof of receipt. A4G’s computer will be the official clock for the Competition. Sponsors reserve the right not to acknowledge or return any Application Form or Final Submission. Each Final Submission must be comprised of the following (a submission which meets these criteria will be referred to as a “Final Submission”):

(a) A fully-completed Application Form, <http://applicationsforgood.org/submit-a-solution/>, which must specify the name of the entrant or, if the Final Submission is to be submitted by a Team, the name of the Team Leader (entrant) and all members of the Team and all accurate and up-to-date contact information as collected in the Team Leader’s profile page on Applications for Good.

(b) The Final Submissions must include the following: Title, Challenge(s) addressed, Project description, Project featured image, Product plan (includes timeline and projected goals for app), Role of entrant on the project, Assets of team, and Other members of the team with names and roles. Optional: Link to code website and a link to video of working application (2:00 min limit).

(d) Previously published applications are eligible only if the Final Submission includes the addition of significant new features that make the app better fulfill public purposes and address the Challenges proposed by service agencies.

(e) Entrants may submit multiple entries, as long as each entry is unique and original.

7. Entry Guidelines:

Each individual or Team that submits a Final Submission (each “Applicant”) must retain a copy of the Final Submission. Sponsors and the City of New York are not responsible for, and each Applicant specifically releases Sponsors and the City of New York from any claims or liability relating to, any loss or damage to the Applicant’s Final Submission.

(a) All Final Submissions must comply with the following Content Restrictions:

The Final Submission must not contain material that violates or infringes the rights of another, including but not limited to privacy, publicity, copyright, trademark, patent, or intellectual property related rights; The Final Submission must not disparage Sponsors, any person or party affiliated with the promotion and administration of the Code for Change Contest, including but not limited to the City of New York, or any other persons or entities generally. The Final Submission must not contain footage, images, music or artwork not created by entrant. The Final Submission must not contain material that is inappropriate, indecent, obscene hateful, defamatory, slanderous or libelous. No Final Submission may contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age. Final Submissions must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where a Final Submission is created.

(b) By entering, each Applicant represents and warrants that (i) the Applicant’s Final Submission and all components thereof, including all ideas, creative elements and any other materials and information contained in the Final Submission are wholly original with the Applicant or used under a valid open-source license, (ii) except with respect to any validly licensed open-source material, no person or entity has collaborated with Applicant in creating the Final Submission, provided any material or information for inclusion in the Final Submission, or has any ownership rights in and to the Final Submission or any component thereof (note: an Applicant that is a Team warrants and represents that no person who is not a Team member collaborated with the Applicant, provided any material or information, or has any ownership rights in and to the Final Submission), (iii) Applicant has the exclusive, unconditional right and authority to submit the Final Submission and (iv) the Applicant’s Final Submission complies with these Official Rules in full.

(c) Sponsors, in their sole discretion, reserve the right to disqualify and/or not accept any Final Submission that Sponsors determine: (i) does not or is likely not to comply with the Terms and Conditions, (ii) is inappropriate for public viewing, or (iii) is contrary to Sponsors’ mission or reputation. Prior to October 12, 2012, Sponsors may, but have no obligation to, inform Applicants of unacceptable Final Submissions and permit re-submission.

(d) Must be present to win:

In order to qualify as a Winner, each Applicant must attend the September 28, 2012 Kick Off and the October 12 Expo. Applicants will present to the Panelists at the Expo (and in the event of a Team, at least one member of the Team must be so available). Any costs or expenses associated with attending the Launch and the Expo, or acceptance or use of any prize (including, without limitation, additional transportation, meals, gratuities and incidentals) are the responsibility of the Applicant.

(e) Affidavit of Eligibility And Publicity/Liability Release:

In order to qualify as a Winner, each Applicant (including each Team member, if Applicant is a Team) must execute the Affidavit of Eligibility And Publicity/Liability Release on October 12, 2012 at the Expo and submit it to Sponsor’s representative. In addition, all participants at both the September 28th Kick Off and at the October 12th Expo will be required to sign releases.

8. Judging:

The judging will occur during the Expo on October 12th, as follows: A jury of judges comprised both of Sponsors and industry leaders selected by Sponsors will score all valid Final Submissions based on the Judging Criteria.Sponsors and Judges will rate entrants based on the following four (4) criteria (“Judging Criteria”). Weight of each Judging Criteria is noted in points.

Criteria

Potential Impact on target audience (Total of 10 points available)
Feasibility to implement (Total of 5 points available)
Usability (Total of 5 points available)
Originality (Total of 5 points available)

The valid Final Submission that receives the highest score from the Judges will be the potential “Grand Prize Winner,” subject to verification. In the event of a tie, the Grand Prize Winner will be determined by a separate vote of the Judges. Prize categories other than the Grand Prize are listed below under Category Prizes, part (b).

All decisions of the Sponsors and the Judges are final and binding in all respects. If at any time during the judging process, the Sponsors determine, in their sole discretion, that the quality and breadth of any Final Submission is not of a standard to qualify for the awarding of the any prize, then the Sponsors shall have the right to discontinue the judging and/or terminate the Competition. The odds of winning depend on the number and quality of the entries received.

9. Winner Notification October 12, 2012, and Verification for the Competition:

In order to qualify as a Winner, each Applicant must attend the September 28 Kick Off and the October 12th Expo. Applicants will present to the Panelists at the Expo (and in the event of a Team, at least one member of the Team must be present). Any costs or expenses associated with the acceptance or use of any prize (including, without limitation, additional transportation, meals, gratuities and incidentals) are the responsibility of the recipient.

At the Expo on October 12, 2012, Sponsors will announce the potential Winners in person at approximately [5:00pm]. Sponsors may, in their discretion, announce the name(s) of one or more potential Winners on the website or in other forms of communication, provided that no potential Winners shall be certified as a Winner until the potential Winner has executed and returned the Affidavit of Eligibility And Publicity/Liability Release. Should Sponsors be unable to reach any of the proposed Winners or any proposed Winner does not execute and return the Affidavit of Eligibility And Publicity/Liability Release by [INSERT TIME], then Sponsors, in their sole discretion, may replace any Winner or reduce the number of Winners.

10. Prizes:

(a) General Terms and Conditions: All income taxes and any other applicable taxes on each prize are the sole responsibility of the recipient. An IRS form 1099 will be issued if required by law. Prizes consist only of items expressly specified herein. Any costs or expenses associated with the acceptance or use of any prize (including, without limitation, additional transportation, meals, gratuities and incidentals) are the responsibility of the Winner. No substitution, cash redemption or transfer of right to receive any prize will be allowed, except at sole discretion of Sponsors. Sponsors reserve the right to substitute an alternate prize.

(b) Category Prizes: All qualified Applicants, including the Grand Prize Winner, shall be eligible for prizes in special categories, depending on availability of additional prizes. Additional prize categories may be announced at any time. Additional prize categories may include: research posters, infographics, visualizations, contributions to open data, use of application programming interfaces, web and mobile applications, and others as determined by the Sponsors. Additional prize categories may have judging criteria separate and different from the Grand Prize.

(c) Grand Prize: The monetary prize consists of US $10,000.00 (the “Grand Prize”), awarded in the form of a check or another payment method selected by Sponsors. The Winner is encouraged to use the Grand Prize towards further development of the winning Final Submission. In the event that the Grand Prize Winner is a Team, the Team Leader shall receive and be solely responsible for the Grand Prize on behalf of the Team. Sponsors will have no responsibility for allocation of funds received as part of the Grand Prize among Team members.

(d) All prizes will be awarded in the form of a check or another payment method selected by Sponsors. The Winner is encouraged to use the Grand Prize towards further development of the application.

(e) The total ARV of all Prizes is $10,000.00 and in-kind awards such as donated work space.

11. Grant of Rights:

Applicants retain all ownership rights of their Final Submissions, including code, images, and other intellectual property. By entering, each Applicant grants to Sponsors and their designees the irrevocable, royalty-free right to publish, disseminate and use the Applicant’s name, likeness and biographical information (and in the event of a Team, the name, likeness and biographical information each member of said Team) without further notice or consideration, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, in connection with the execution and promotion of the Competition and the promotion of Sponsors and their activities. In the event that any Winner at any time exploits, exhibits, disseminates, produces, broadcasts, executes or implements the project that is the subject of their Final Submission, or authorizes any third party to do so, Sponsors request that the such Winner cause a credit in the following form to be displayed in connection therewith: “This project generously supported by Applications for Good, One Economy Corporation, New York University Wagner School of Public Service and Code for America.”

*For Applicants entering solutions based on New York City agency challenges only. Please be advised that by participating in the Contest and submitting a Final Submission in response to a challenge from a New York City department, you will be required to grant to the City of New York a written, royalty-free worldwide license in perpetuity, without limitation, to use any materials submitted, offered or prepared in connection with the Competition and to allow others to promote, use or further develop the Final Submission. In order to submit a Final Submission in response to a New York City department challenge, an Applicant will be required to sign addition documents on September 28, 2012. These additional terms appear at http://bit.ly/PA2jSa.

12. Disputes:

These Terms and Conditions shall be governed by and interpreted under the laws of the State of New York without regard to conflicts of law provisions. Applicant hereby agrees that any and all disputes claims, causes of action or controversies arising out of or in connection with the Competition or these Terms and Conditions shall be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, NY. By entering, each Applicant irrevocably waives any right to seek and/or obtain rescission and/or equitable and/or injunctive relief.

13. Representations & Warranties:

Applicant represents and warrants that he/she: (a) has the right to make a Final Submission as contemplated hereunder without the need of any consent of any third party; (b) Will abide by these Terms and Conditions and all applicable laws and regulations; (c) If Applicant is a Team Leader, that Applicant has the full right and authority to make the Final Submission and to agree to accept and abide by these Terms and Conditions on behalf of the Team, and that each Team member will abide by these Terms and Conditions; and (d) Applicant is under no obligation or disability, created by law or otherwise, which would in any manner or to any extent prevent or restrict making a Final Submission or becoming a Winner or Grand Prize Winner.

14. Indemnity:

By submitting an entry, each Applicant (including each Team member, with respect to Applicants who are Teams) agrees to indemnify, hold harmless and defend Applications for Good, One Economy and New York University Wager School of Public Service, Sponsors, the City of New York, and each of their parent companies, affiliates, subsidiaries, successors and assigns, and each of their trustees, officers, employees and agents (all of the foregoing, the “Sponsor Parties”), from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with the Applicant’s participation in this Applications for Good Code for Change Contest, any use by Sponsors Parties of the Applicant’s Final Submission and/or the exercise by Sponsor Parties of any rights granted to them herein, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to the Applicant’s Final Submission. Notwithstanding anything herein to the contrary, in the event of any claim by a third party affecting or relating to the Final Submission, Sponsors shall have, in addition to any other rights available to them, at law or in equity, the right to immediately revoke any prize.

15. DISCLAIMER:

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL ANY OF THE SPONSOR PARTIES BE LIABLE TO APPLICANT OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD ARISING OUT OF OR RELATING TO THE COMPETITION AND THE INTERPRETATION OR ENFORCEMENT OF THESES TERMS AND CONDITIONS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SPONSOR PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Release of Claims:

By submitting an entry, each Applicant (including each Team member, with respect to Applicants who are Teams) releases each of the Sponsor Parties from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with the Applicant’s participation in this Applications for Good Code for Change Contest, any use by Sponsors of the Applicant’s Final Submission and/or the exercise by Sponsors of any rights granted to them herein, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to the Applicant’s Final Submission and claims for injury, loss or damage of any kind resulting from the Applicant’s participation in this Applications for Good Contest or acceptance or use of any prize.

17. Limitation on Exploitation of Materials:

No entries will be returned. Each Applicant acknowledges that Code for Change and each of the Sponsors have engaged and continue to engage in the development, production, acquisition and dissemination of materials that may be similar or identical to the Applicant’s Project or Final Submission. Each Applicant agrees that it will not be entitled to any compensation because of the use by any of the Sponsor Parties of any such similar material. The Sponsor Parties may use the Applicant’s Project or Final Submission in whole or in part, without any payment or other obligation whatsoever to the Applicant, if the Applicant’s Project or Final Submission (a) is not unique, novel, or original, so as to be entitled to protection under applicable laws, (b) has been made public by anyone at the time of its submission to Sponsors or otherwise is in the public domain, (c) would be freely usable by a third person if it had not been accepted as a Final Submission, or (d) is similar or identical to, or contains significant elements encompassed in, an idea, concept or material that has been independently created by either the Sponsor Parties, A4G or any third party. Acceptance by Sponsors of a Final Submission is not an admission by the Sponsor Parties of the novelty or originality of the Final Submission.

18. General Terms:

All federal, state and local laws and regulations apply. Sponsors reserve the right at their sole discretion to disqualify any individual who violates these Terms and Conditions, tampers with the entry process and/or acts in any way that would, in any way, discredit or harm the reputation of Sponsors, and/or to cancel, modify or suspend this Applications for Good Contest should entrant fraud or misconduct or other causes beyond the control of Sponsors corrupt the administration, integrity, security or proper operation of the Applications for Good Contest. Without limitation of the foregoing, Sponsors reserve the right to terminate, modify or suspend this Applications for Good Contest due to any of the following reasons: act of God; unavoidable accident; epidemic; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government or governmental instrumentality or tribunal; strike, lockout or other labor dispute; inclement weather; failure of technical facilities; failure of essential production, or technical personnel to appear or be available; or other cause beyond its control. Sponsors are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, mis-delivered, or delayed entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or judging of entries, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the Internet or at any website or any combination thereof. Sponsors reserve the right, in their sole discretion, to cancel or suspend the Competition or terminate the Competition and award a prize from entries received up to time of termination or suspension should virus, bugs or other causes beyond Sponsor’s control, unauthorized human intervention, malfunction, computer problems, phone line or network hardware or software malfunction, which, in the sole opinion of Sponsors corrupts, compromises or materially affects the administration, fairness, security or proper play of the Competition or proper submission of entries. Sponsors are not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in the Competition.

Caution: Any attempt by an entrant to deliberately damage any Web site or undermine the legitimate operation of the Applications for Good Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such entrant to the fullest extent of the law. Sponsors are not responsible for any typographical or other error in the printing of

the offer, administration of the Applications for Good Contest, or in the announcement of the prize.

These Terms and Conditions and the Affidavit of Eligibility And Publicity/Liability Release set forth the entire agreement and understanding between Sponsors and Applicant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements and understandings of any kind between them. Notwithstanding anything contained herein to the contrary, Sponsors reserve the right, in their sole discretion, at any future time to modify these Terms and Conditions or terminate, modify or suspend the Applications for Good Contest for any reason.. All notices shall be in writing and shall be delivered to Applicant in accordance with instructions contained on the Application Form. Applicant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Sponsors’ failure to enforce any provisions of these Terms and Conditions shall not constitute a waiver of any provision contained herein. The titles of Sections of these Terms and Conditions are for convenience only and shall not be given any legal effect. The word “including” is used in these Terms and Conditions to mean “including but not limited to.”

19. Requesting a copy of the official rules and the names of winners:

To obtain the names of the winners and/or a copy of these Official Rules, send a self-addressed and stamped envelope marked “OFFICIAL RULES” and/or “WINNERS LIST REQUEST” to:
NYU Wagner: Code for Change
The Puck Building
295 Lafayette Street, 2nd Floor
NewYork, NY 10012
Winners’ names will be available after October 12, 2012.