Official Rules

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Introduction

NYC BigApps Ideas (the “Competition”) is a joint initiative of New York City Economic Development Corporation and the New York City Department of Information Technology & Telecommunications. The Competition is intended to provide recognition to individuals (“Contestants”) who submit an idea for an App that receives the most votes. The goal of the Competition is twofold: (1) have the public submit ideas for Apps that could benefit residents, visitors or business in NYC and be subsequently developed for the NYC BigApps Competition; and (2) engage the broader public as well as the developer community in identifying technology that could improve quality of life for New Yorkers.

By entering the Competition you agree that others may use or develop the apps you suggest.

Summary* of How to Enter and Winner Selection Process

Visit Ideas.NYCBigApps.com to create an account and then answer the following question in 140 characters or less, “I want a NYC App that ______.” (the “Submission”). The twenty five (25) Submissions that receive the most votes will be declared Finalists. The Finalists will then have their Submissions judged on the following three criteria: (1) Quality of the idea; (2) Feasibility of implementation; and (3) Potential impact on NYC residents, visitors and/or business. The ten (10) Finalists whose Submissions score the highest by the judging panel will win a Top 10 Prize.

*Review the sections below for a more detailed description and important requirements and restrictions.

1. Can I Participate?

The Competition is open only to legal residents, 18 or older, of the fifty (50) United States (including the District of Columbia) at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and at possessions and where prohibited by law. Employees of Sponsors, Administrator, and the judges or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Competition and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible to receive cash prizes but may participate and receive recognition. The Competition is subject to all applicable United States federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors and Administrator’s decisions, which are final and binding in all matters related to the Competition. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. When Do I Enter?

Between June 21, 2011 at 10:00 AM Eastern Time (“ET”) and July 28, 2011 at 5:00 PM ET (the “Competition Submission Period”). Administrator’s computer is the official time keeping device for this Competition.

3. How Do I Enter?

A. Register:

During the Competition Submission Period, visit Ideas.NYCBigApps.com and register. Registration is free. After you register you must verify your email address via the registration email sent to the email entered in the registration form. Registered Contestants will then be able to enter a Submission. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Contestant’s. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.

C. The Submission:

Come up with an idea for a NYC App by answering the following question: “I want a NYC App that _____.”

B. Submission Requirements:

Submission requirements:

1. Submissions must be 140 characters or less.
2. Submissions must be in English.
3. Submissions must not be indecent, defamatory, in obvious bad taste, demonstratea lack of respect for public morals or conduct or adversely affect the reputation of the Sponsors.
4. Submissions must not: a) be illegal under applicable laws; b) depict hatred, defame, threaten a specific community in the society or incite violence; c) contain vulgar language or violence; or d) contain pornography, obscenity or sexual activity.

D. Submission Rights for Entrants:

By entering the Competition you agree that others may use or develop your idea.  Furthermore, the City of New York, Sponsors and Administrator will maintain a royalty free license to, without limitation: a) Post the Submission on Ideas.NYCBigApps.com; b) Develop an App which is premised on the Submission; and c) Utilize the Submission for noncommercial purposes for a period of 12 months after the conclusion of the Competition Submission Period. Once a Contestant enters a Submission, the Submission cannot be modified in any way until after the Judging is complete.

4. Display of Submissions, Public Voting and Commenting on Submissions

Submissions will be posted on Ideas.NYCBigApps.com on a rolling basis after being submitted. Submissions that violate a Submission requirement may be taken down even after being posted to Ideas.NYCBigApps.com. All Contestants will have equal access to Submissions posted on the website. Non-Contestants interested in the Competition are also encouraged to register on Ideas.NYCBigApps.com. Registration will be required in order to receive updates on the Competition and vote. Registered visitors will be able to vote for their favorite Submissions. The public voting will take place between June 21, 2011 at 10:00 AM Eastern Time (“ET”) and July 28, 2011 at 5:00 PM ET. Public voting will determine the top twenty five (25) finalists. Each registered visitor is able to vote for their favorite Submissions, but may only vote for a Submission once during the voting period. Use of an automated process or similar device to submit an electronic vote is strictly prohibited. Any attempt to circumvent the one vote limit per Submission or to use automated vote process will subject all votes from the person to disqualification. If a Contestant receives multiple and/or irregular votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Sponsors and/or Administrator reserves the right to disqualify the Contestant in their sole discretion. If the voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsors and/or Administrator in their sole discretion reserves the right to use another means to determine the winner of the Finalists, i.e. random selection or appointing a panel of judges. Contestants may not pay people or provide any other type of consideration in exchange for votes. Any Contestant who violates the ban on paying or providing consideration in exchange for votes will be disqualified. Public votes may be displayed on the competition website, on a real-time basis, before being verified for integrity. These unverified votes do not necessarily reflect accurately the Finalists. The Finalists will be the Contestants who are contacted directly by the Administrator or Sponsors after votes have been verified. Sponsors reserve the right to modify the voting period at anytime for any reason.

There is no limitation on the number of Submissions a Contestant can make. However, a Contestant may only have three (3) Submissions as a top 25 Finalist prize winner. Meaning a Contestant can only win a maximum of three Top 25 Prizes. 

If two or more Submissions are in the top 25 for votes and the Submissions are substantially similar, as determined by the Sponsors and Administrator in their sole discretion, only the one Submission that received the most votes will be declared a top 25 Finalist and be awarded a Top 25 prize.

If there is a tie between two or more Submissions for the final spot(s) as one of the Top 25, a judging panel will review all the tied entrants' Submissions on the following 3 criteria to determine which of the tied submissions should place in the Top 25: 1) Quality of the idea; 2) Feasibility of implementation; and 3) Potential impact on NYC residents, visitors and/or business.

Registered visitors as well as Contestants will be able to post comments on Submissions. If a Contestant is posting a comment on his or her own Submission, the Contestant must post the comment from the same account that was used to make the Submission. Comments shall not disparage a Submission in order to increase or improve another Submission or be otherwise inappropriate, as determined by the Sponsors or Administrator in their sole direction. Any such disparaging or inappropriate comments will be removed and all other comments made by the individual that post such comments may also be removed.

5. Winner Selection and Judging Criteria

At the conclusion of the public voting period the twenty five Finalists Submissions will then be judged by an expert judging panel in the technology and venture capital communities determined by the Sponsors. Sponsors reserve the right to substitute or modify the judging panel at any time for any reason. Judges do have the right to withdrawal without advance notice in the event of extenuating circumstances beyond their control. Judges will be fair and impartial. A judge may elect to recuse him or herself from judging a Submission, if in the judge’s sole discretion it is not appropriate for him or her to judge that particular Submission because of a past or current relationship with that particular Contestant. A Submission will not be at a disadvantage if one or more judge recuses him or herself. The approximate dates for the judging panel are between July 29, 2011 at 10:00 AM EST and August 11, 2011 at 5:00 PM EST. Judges may consider any comments that are posted to a Submission. A Submission will not be disadvantaged if it does not receive any comments.

Judging Criteria

1. Quality of the idea;
2. Feasibility of implementation; and
3. Potential impact on NYC residents, visitors and/or business.

The ten (10) Finalists whose Submissions earn the highest overall score will win the Top 10 Prize identified below in section 7. In the event of a tie, winner will be selected based on the criteria described in (1), then (2), and finally (3).

6. Verification of Potential Winners

ALL POTENTIAL COMPETITION WINNERS ARE SUBJECT TO VERIFICATION BY SPONSORS AND/OR ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION. Potential winners must continue to comply with all terms and conditions of these Official Rules. The potential winners will be notified on or about August 11, 2011. The potential winners will be required to sign and return to Sponsors, within ten (10) business days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a Competition prize is disqualified for any reason, Sponsors may award the applicable prize to an alternate winner who had the highest score remaining of the eligible entries.

7 What Can I Win?

Winner           Prize           Quantity

Top 10 Prize    $250           10

Top 25 Prize    $100           25 

For all Prizes: Winners are responsible for all taxes and fees associated with prize receipt and/or use. Sponsors reserve the right to substitute prizes of comparable value. No transfer or substitution of a prize is permitted except by Sponsors.

9. Other Things to Know

Entry Conditions and Release

By entering, each Contestant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsors, Administrator, and/or the Competition judges which are binding and final in all matters relating to this Competition; (b) release and hold harmless the Sponsors, Administrator, and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Contestant’s entry, creation of an entry or submission of an entry, participation in the Competition, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsors and Administrator from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to a Contestant’s participation in the Competition and/or Contestant’s acceptance, use or misuse of prize.

Publicity

Except where prohibited, participation in the Competition constitutes winners’ consent to Sponsors’, Administrator’s and their agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

General Conditions

Sponsors and Administrator reserve the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors and/or Administrator’s reasonable control impairs the integrity or proper functioning of the Competition, as determined by Sponsors and/or Administrator in their sole discretion. Sponsors and/or Administrator reserve the right in their sole discretion to disqualify any individual or Competitor it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors and/or Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsors and/or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsors and Administrator are not responsible for, nor are they required to count, incomplete, late, misdirected, damaged, unlawful or illicit votes, including those secured through payment, votes achieved through automated means or by registering more than one e-mail account and name, using another Contestant’s e-mail account and name, as well as those lost for technical reasons or otherwise.

Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Competition; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Competition; (4) technical or human error which may occur in the administration of the Competition or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Competition or receipt or use or misuse of any prize. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another provide another Submission. No more than the stated number of prizes will be awarded.

Disputes

Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, other than those concerning the administration of the Competition or the determination of winners, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

Privacy

Sponsors collect personal information from you when you enter the Competition. The information collected is subject to the privacy policy located here.

Competition Results

For Challenge results go to Ideas.NYCBigApps.com on or about August 11, 2011.

Sponsors and Administrator

Sponsors: (1) New York City Economic Development Corporation, 110 William Street, New York, NY 10038; (2) and New York City Department of Information Technology & Telecommunications, 75 Park Place, 9th Floor, New York, NY 10007. Administrator: ChallengePost, Inc., 425 W. 13th Street, Suite #504, New York, NY 10014.

Disclaimer: The rules were clarified after the Competition started to specifically address a potential tie in the online voting.