23 October 2012
FTC Robocall Challenge
[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Notices]
[Pages 64802-64808]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25979]
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FEDERAL TRADE COMMISSION
Robocall Challenge
AGENCY: Federal Trade Commission.
ACTION: Notice; Public challenge.
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SUMMARY: The Federal Trade Commission (FTC) announces a prize
competition that challenges the public to create innovative solutions
to block illegal robocalls.
DATES: The Submission Period is October 25, 2012 (5:00 p.m. Eastern
Time) to January 17, 2013 (5:00 p.m. Eastern Time). The Judging Period
is January 17, 2013 (5:00 p.m. Eastern Time) to March 31, 2013 (5:00
p.m. Eastern Time). Winners will be announced on or around April 1,
2013.
FOR FURTHER INFORMATION CONTACT: Kati Daffan, 202-326-2727, Division of
Marketing Practices, Bureau of Consumer Protection, FTC, H-286, 600
Pennsylvania Ave. NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION: The FTC Robocall Challenge (the
``Competition'') is an initiative of the Federal Trade Commission
(``FTC'') challenging the public to create innovative solutions that
will block illegal robocalls on landlines and mobile phones. The vast
majority of telephone calls that deliver a prerecorded message trying
to sell something to the recipient are illegal. The FTC regulates these
calls under the Telemarketing Sales Rule. See 16 CFR 310.4(b)(1)(v).
The Competition is intended to provide recognition to individuals,
teams of individuals, for-profit legal entities and/or non-profit
organizations (collectively, ``Contestants'') for developing proposed
technical solutions or functional solutions and proofs of concepts that
can block illegal robocalls (each a ``Solution'').
The Competition is subject to all applicable laws and regulations
and is void where prohibited. Participation constitutes Contestant's
full and unconditional agreement to these Official Rules and to
decisions of the Sponsor and Administrator (as defined below), which
are final and binding in all matters related to the Competition.
Winning a prize is contingent upon fulfilling all requirements set
forth in the Official Rules.
1. Sponsor and Administrator
Sponsor: Federal Trade Commission, 600 Pennsylvania Avenue NW.,
Washington, DC 20580.
Administrator: ChallengePost, Inc., 425 W. 13th Street, Suite
504, New York, NY 10014, USA.
2. Competition Schedule
The Submission Period is October 25, 2012 (5:00 p.m. Eastern Time)
to January 17, 2013 (5:00 p.m. Eastern Time). The Judging Period is
January 17, 2013 (5:00 p.m. Eastern Time) to March 31, 2013 (5:00 p.m.
Eastern Time). Winners will be announced on or around April 1, 2013.
3. Eligibility
A. Pursuant to the America Creating Opportunities to Meaningfully
Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010, 15 U.S.C. 3719, the Competition is open
only to:
(i) Individuals who are at least 18 years of age at the time of
entry, and are citizens or permanent residents of the United States as
of the time of entry;
(ii) teams of eligible individuals where each team member meets the
eligibility requirements for individual Contestants; and
(iii) corporations (including not-for-profit corporations and other
nonprofit organizations), limited liability companies, partnerships,
and other legal entities that, at the time of entry, are incorporated
in, and maintain a primary place of business in, the United States, and
(a) employ fewer than ten (10) people (``Small Organizations''); or (b)
employ 10 or more people (``Large Organizations'').
Large Organizations may compete only for the ``Federal Trade
Commission Technology Achievement Award,'' and are not eligible to
compete for the Best Overall Solution Award.
B. Contestants must own or have access at their own expense to a
computer, an Internet connection, and any other electronic devices,
documentation, software or other items that Contestants may deem
necessary to create and enter their Submission.
C. Each team, Small Organization, or Large Organization shall
appoint one individual (the ``Representative'') to represent and act,
including registering and entering a Submission, on behalf of said
team, Small Organization, or Large Organization. The Representative
must meet the eligibility requirements for an individual Contestant and
must be duly authorized to submit on behalf of the team, Small
Organization, or Large Organization. The Representative represents and
warrants that (i) he/she is duly authorized to act on behalf of the
team, Small Organization, or Large Organization; and that (ii) each
member of the team (or in the case of Small Organization or Large
Organization, each participating member) has read the Official Rules
and agrees to abide by these Official Rules. The Representative will
ensure that each member of the team, Small Organization, or Large
Organization reads, agrees to, and complies with the Official Rules.
D. An individual may join more than one team, Small Organization,
or Large Organization, and an individual who is part of a team, Small
Organization, or Large Organization may also enter the Competition on
an individual basis.
[[Page 64803]]
E. The following individuals, teams, Small Organizations and Large
Organizations are not eligible regardless of whether or not they meet
the criteria set forth above:
(i) The Sponsor, the Administrator, and any advertising agency,
contractor or other organization involved with the design, production,
promotion, execution, or distribution of the Competition (collectively
``Promotion Entities''); all employees, representatives and agents of
such Promotion Entities; and all members of any such employee,
representative or agent's immediate family or household;
(ii) any individual involved with the design, production,
promotion, execution, or distribution of the Competition and each
member of any such individual's immediate family or household;
(iii) any organization or individual that employs any Judge or that
otherwise has a material business relationship or affiliation with any
Judge;
(iv) any Federal entity or Federal employee acting within the scope
of their employment, or as may otherwise be prohibited by Federal law
(employees should consult their agency ethics officials);
(v) any individual, team, or organization that used Federal
facilities or consulted with Federal employees to develop their
Solution, unless the facilities and employees were made available to
all Contestants participating in the Competition on an equitable basis;
and
(vi) any individual, team, or organization that used Federal funds
to develop their Solution, unless such use is consistent with the grant
award, or other applicable Federal funds awarding document. If a
grantee using Federal funds enters and wins this Competition, the prize
monies will need to be treated as program income for purposes of the
original grant in accordance with applicable Office of Management and
Budget Circulars. Federal contractors may not use Federal funds from a
contract to develop a Solution for this Challenge.
F. For purposes hereof:
(i) The members of an individual's immediate family include such
individual's spouse, children and step-children, parents and step-
parents, and siblings and step-siblings; and
(ii) the members of an individual's household include any other
person who shares the same residence as such individual for at least
three (3) months out of the year.
4. Competition Submission Period
A. Contestants may enter a Submission between October 25, 2012, at
5:00pm Eastern Time and January 17, 2013, at 5:00pm Eastern Time (the
``Competition Submission Period''). The Administrator's computer is the
official time keeping device for this Competition.
B. Any Submission entered following the Competition Submission
Period shall be disqualified.
5. Registration and Submission
A. Registration
(i) Beginning at 5:00pm Eastern Time on October 25, 2012, visit
http://Robocall.Challenge.gov (the ``Competition Web site'') and click
``Sign Up'' to create a ChallengePost account, or click ``Log In'' and
log in with an existing ChallengePost account. There is no charge for
creating a ChallengePost account.
(ii) After a Contestant signs up on the Competition Web site a
confirmation email will be sent to the email address provided by the
Contestant. The Contestant must use the confirmation email to verify
their email address.
(iii) Contestants should indicate their agreement in participating
by clicking ``Accept this Challenge'' on the Competition Web site in
order to receive important Competition updates.
(iv) In the event of a dispute pertaining to this Competition, the
authorized account holder of the email address used to sign up for the
ChallengePost account used to enter the Submission will be deemed to be
the Contestant (in case of an individual) and the Contestant's
Representative, in the case of a team, Small Organization, or Large
Organization. The ``authorized account holder'' is the natural person
or legal entity 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. Contestants generally and potential winners may be required to
show proof of being the authorized account holder.
B. Submission
(i) Develop a Solution that will block illegal robocalls. The
Solution should block robocalls on landlines and mobile phones and can
operate on a proprietary or non-proprietary device or platform.
(ii) Create a technical proposal describing how the Solution
functions, or would function, if implemented (the ``Proposal'').
Solutions can be proposed as technical solutions or functional
solutions and proofs of concept. The Proposal should specifically
address each of the three evaluation criteria described below in
Section 10. The Proposal must be no longer than 15 pages. Proposals
will only be viewable by the authorized employees, officials, or agents
or the Sponsor, Administrator, and judges, and shall not be disclosed
except as permitted or required by law.
(iii) During the Competition Submission Period, Contestant must
visit the Competition Web site and confirm that it has or, if
Contestant is a Representative, all members of the team, Small
Organization or Large Organization have, read and agreed to the
Official Rules.
Then, the Contestant must submit:
a. The name of the Solution;
b. a brief text description of the Solution;
c. at least one image representative of the Solution; and
d. a file upload of the Proposal.
Additionally, the Contestant may submit for consideration:
e. a link to a publicly available video on Youtube.com or Vimeo.com
demonstrating a Solution on a device or emulator, or describing how the
proposed Solution would work, if implemented.
Paragraphs a-e above are collectively a ``Submission.''
(iv) For clarity's sake, the name, text description, image, file
upload, video link, and Web site or installation file link must all be
submitted at the same time on the Competition Web site. All Submissions
must be received by no later than 5:00 p.m. Eastern Time on January 17,
2013.
(v) Contestants that are a Small Organization or Large Organization
must indicate as much when entering a Submission.
6. Submission Requirements
A. Language Requirements
Submissions, including the Proposal, text description, and video or
software application interface (if applicable) must be in English,
except that textual material in a language other than English will be
accepted if accompanied by an English translation of that text.
B. Image, Video and Text Description Requirements
(i) The text description must describe how the Solution functions
or would function, if implemented. The text description will be
displayed publicly on the Competition Web site and should not include
proprietary information.
(ii) The image should be a photograph, screenshot or diagram that
is representative of the Solution. The
[[Page 64804]]
image(s) will be displayed publicly on the Competition Web site and
should not include proprietary information.
(iii) Any video included with the Submission:
a. Must be no longer than five (5) minutes;
b. should clearly demonstrate a Solution on a device or emulator,
or describe technically how the proposed Solution would work, if
implemented;
c. should demonstrate usability or illustrate dynamic processes;
d. should not include proprietary information (the video will be
displayed publicly on the Competition Web site); and
e. must not include music or other copyrighted material unless the
Contestant has written permission to use such material
(iv) If the video is primarily promotional, rather than a technical
demonstration of the Solution, the video may be removed from
consideration, or the Submission may be disqualified at the Sponsor's
and/or Administrator's sole discretion.
(v) All individuals that appear in a Video, including the
Contestant, must complete and sign the Video Consent Form, which the
Contestant must keep on file for three (3) years after the close of the
submission period. If a minor appears in the Video, the minor's parent/
legal guardian must also sign the Video Consent Form. The Sponsor may
request a copy of the consent form at any point up to three (3) years
after the close of the submission period.
C. Solution Requirements
In addition to the requirements described above in Section 5(B):
(i) Solutions may utilize robocall complaint data provided by the
Sponsor. Contestants may access such data by completing the Data
Request Form on the Competition Web site. Any attempt, successful or
otherwise, to re-identify such data, or to combine or merge it with any
other data or information that is individually identifiable, is
strictly prohibited, shall be grounds for disqualification from the
Competition, and may be subject to law enforcement investigation or
proceedings, as appropriate and authorized. Use of the robocall
complaint data is NOT required and preference will NOT be given to
Contestants solely on the basis of choosing to use the data in their
Solution.
(ii) The Contestant may offer the Solution to the public for free
or charge a fee for it.
(iii) Any Solution that was publicly available prior to the start
of the Competition Submission Period is not eligible for entry in the
Competition, unless (I) the Solution submitted incorporated significant
new functionality, features and changes after the start of the
Competition Submission Period; and (II) such new functionality,
features and changes were not previously available in the version of
the Solution publicly accessible prior to the start of the Competition.
Contestants must indicate at the time of entry that the Solution
existed prior to the Competition and describe the new functionality
that has been added.
D. General Requirements
(i) Submissions must not:
a. Violate applicable law;
b. depict hatred;
c. be in bad taste;
d. denigrate (or be derogatory towards) any person or group of
persons or any race, ethnic group or culture;
e. threaten a specific community in society, including any specific
race, ethnic group or culture;
f. incite violence or be likely to incite violence;
g. contain vulgar or obscene language or excessive violence;
h. contain pornography, obscenity or sexual activity; or
i. disparage the Sponsor.
(ii) Submissions must not attempt to duplicate a prior Submission
already submitted in this Competition. Sponsor or Administrator
reserves the right in its sole discretion to disqualify any Submission
that is a duplicate or substantially similar to another Submission.
(iii) Submissions must be free of malware. Contestant agrees that
the Sponsor and the Administrator may conduct testing on the
Application to determine whether malware or other security threats may
be present. Submission not complying with these requirements may be
disqualified.
E. Additional Terms
(i) Once a Submission has been submitted, Contestant may not make
any changes or alterations to the Submission.
(ii) A Contestant may submit more than one Submission. However,
each Submission must be unique, as determined by Sponsor and/or the
Administrator in their sole discretion. If a Contestant enters two or
more Submissions that are substantially similar, the Sponsor and
Administrator reserve the right to disqualify Submissions or require
the Contestant to choose one Submission to enter into the Competition.
(iii) By entering a Submission, Contestant represents, warrants and
agrees that the Submission is the original work of the Contestant and
complies with the Official Rules. Contestant further represents,
warrants and agrees that any use of the Submission by the Sponsor,
Administrator and/or Judges (or any of their respective partners,
subsidiaries and affiliates) as authorized by these Official Rules,
shall not:
a. Infringe upon, misappropriate or otherwise violate any
intellectual property right or proprietary right including, without
limitation, any statutory or common law trademark, copyright or patent,
nor any privacy rights, nor any other rights of any person or entity;
b. constitute or result in any misappropriation or other violation
of any person's publicity rights or right of privacy.
7. Submission Rights
A. Subject to the licenses described below, any applicable
intellectual property rights to a Submission will remain with the
Contestant.
B. By entering the Submission to this Competition, Contestant
grants to the Sponsor and the Administrator, and any third parties
acting on behalf of the Sponsor and/or the Administrator, a non-
exclusive, irrevocable, royalty free and worldwide license to use the
Submission, any information and content submitted by the Contestant,
and any portion thereof, and to display the Solution name, text
description, video, and images (but not the Proposal), on the
Competition Web site, during the Competition and for 36 months after
its conclusion. Sponsor and the Administrator, and any third parties
acting on their behalf will also have the right to publicize
Contestant's name and, as applicable, the names of Contestant's team
members, Small Organization, or Large Organization which participated
in the Submission (the ``Contestant Names'') on the Competition Web
site, and in any media whatsoever, for advertising and publicity
purposes relating to the Competition, during the Competition and for
three (3) years thereafter.
8. Display of Submissions
A. Eligible Submissions will be posted on the Competition Web site
on a rolling basis after being screened and/or tested by the
Administrator for basic functionality, accuracy of messaging, integrity
(i.e., security) and appropriateness of content. The title, text
description, images, and video (if submitted), will be displayed
publicly on the Competition Web site. The Proposal will only be
viewable by
[[Page 64805]]
authorized employees, officials, and agents of the Sponsor,
Administrator and judges, and shall not be disclosed except as
permitted or required by Federal law.
B. Posting of a Submission to the Competition Web site does not
constitute a final determination by the Sponsor and/or Administrator
that the Submission is eligible and met requirements.
C. Non-Contestants interested in the Competition may obtain updates
on the Competition by creating an account on the Competition Web site
or by logging in using an existing ChallengePost account. Additionally,
such registered visitors (``Registered Visitors'') will be able to
comment on the text description of the proposal and other publicly
available items, if any. The Administrator may moderate and remove
comments for spam or other inappropriate use.
9. Winner Selection and Judging Criteria
A. All Submissions will be judged by an expert panel of impartial
judges (the ``Judges'') selected by the Sponsor and the Administrator.
Such Submissions may initially be screened by a qualified internal
panel selected by the Sponsor at its sole discretion. The internal
panel will judge these Submissions on the criteria identified in these
Official Rules to select finalist Submissions. Finalist Submissions
will then be judged by the expert judging panel determined by the
Sponsor and identified on the Competition Web site. The Sponsor and the
Administrator reserve the right to substitute or modify the judging
panel, or extend or modify the Judging Period, at any time for any
reason.
B. All Judges shall be and remain fair and impartial. Any Judge may
recuse him or herself from judging a Submission if the Judge, the
Sponsor or the Administrator considers that it is inappropriate, for
any reason, for the Judge to evaluate a specific Submission or group of
Submissions.
C. A Contestant's likelihood of winning will depend primarily on
the number and quality of all of the Submissions, as determined by the
Judges using the criteria in these Official Rules.
10. Best Overall Solution Prize
A. Criteria
(i) Does it work? (50%)
How successful is the proposed solution likely to be in
blocking illegal robocalls? Will it block wanted calls? An ideal
solution blocks all illegal robocalls and no calls that are legally
permitted. (For example, automated calls by political parties,
charities and health care providers, as well as reverse 911 calls, are
not illegal robocalls.)
How many consumer phones can be protected? What types of
phones? Mobile phones? Traditional wired lines? VoIP land lines?
Proposals that will work for all phones will be more heavily weighted.
What evidence do you already have to support your idea?
Running code? Experiments? Peer-reviewed publications?
How easy might it be for robocallers to adapt and counter
your scheme? How flexible is your scheme to adapt to new calling
techniques? How have you validated these points? Remember that the real
test of a security system is not whether or not you can break it; it's
whether or not the other folks can.
(ii) Is it easy to use? (25%)
How difficult would it be for a consumer to learn to use
your solution?
How efficient would it be to use your solution, from a
consumer's perspective?
Are there mistakes consumers might make in using your
solution, and how severe would they be?
How satisfying would it be to use your solution?
Would your solution be accessible to people with
disabilities?
(iii) Can it be rolled out? (25%)
What has to be changed for your idea to work? Can it
function in today's marketplace? (E.g., Does it require changes to all
phone switches world-wide, and require active cooperation by all of the
world's phone companies and VoIP gateways, or can it work with limited
adoption?) Solutions that are deployable at once will be more heavily
weighted, as will solutions that give immediate benefits with even
small-scale deployment.
Is deployment economically realistic?
How rapidly can your idea be put into production?
B. In order to be considered for the Prize, submissions must
satisfy each required category (i.e., explain how the submission works,
is easy to use, and can be rolled out). The one (1) Contestant whose
Submission earns the highest overall scores will become the potential
winner of the Prize identified below in Section 13. If the Judges
determine that no one satisfies each required category, no one will be
deemed eligible for the Prize.
C. In the event of a tie between or among two or more Submissions,
the Prize identified below in Section 13 will be divided equally
between the tied Contestants with the highest overall scores.
D. Large Organizations are not eligible to compete for or win the
Best Overall Solution Prize.
11. Federal Trade Commission Technology Achievement Award
A. Criteria
(i) Does it work? (50%)
How successful is the proposed Solution likely to be in
blocking illegal robocalls? Will it block wanted calls? An ideal
solution blocks all illegal robocalls and no calls that are legally
permitted. (For example, automated calls by political parties,
charities and health care providers, as well as reverse 911 calls, are
not illegal robocalls.)
How many consumer phones can be protected? What types of
phones? Mobile phones? Traditional wired lines? VoIP land lines?
Proposals that will work for all phones will be more heavily weighted.
What evidence do you already have to support your idea?
Running code? Experiments? Peer-reviewed publications?
How easy might it be for robocallers to adapt and counter
your scheme? How flexible is your scheme to adapt to new calling
techniques? How have you validated these points? Remember that the real
test of a security system is not whether or not you can break it; it's
whether or not the other folks can.
(ii) Is it easy to use? (25%)
How difficult would it be for a consumer to learn to use
your solution?
How efficient would it be to use your solution, from a
consumer's perspective?
Are there mistakes consumers might make in using your
solution, and how severe would they be?
How satisfying would it be to use your solution?
Would your solution be accessible to people with
disabilities?
(iii) Can it be rolled out? (25%)
What has to be changed for your idea to work? Can it
function in today's marketplace? (E.g., Does it require changes to all
phone switches world-wide, and require active cooperation by all of the
world's phone companies and VoIP gateways, or can it work with limited
adoption?) Solutions that are deployable at once will be more heavily
weighted, as will solutions that give immediate benefits with even
small-scale deployment.
Is deployment economically realistic?
[[Page 64806]]
How rapidly can your idea be put into production?
B. In order to be considered for the Prize, submissions must
satisfy each required category (i.e., explain how the submission works,
is easy to use, and can be rolled out). The one (1) Large Organization
Contestant whose Submission earns the highest overall score for the
Federal Trade Commission Technology Achievement Award will become the
potential winner of the non-cash Prize identified below in Section 13.
If the Judges determine that no one satisfies each required category,
no one will be deemed eligible for the Prize. In the event of a tie
between or among two or more Submissions for the Federal Trade
Commission Technology Achievement Award, each of the tied Submissions
with the highest overall scores will be named as winners of the Federal
Trade Commission Technology Achievement Award.
C. The likelihood of a Large Organization being selected to win the
Federal Trade Commission Technology Achievement Award depends on the
number and quality of eligible Submissions made by Large Organizations.
12. Verification of Potential Winners
A. ALL POTENTIAL COMPETITION WINNERS ARE SUBJECT TO VERIFICATION OF
IDENTITY, QUALIFICATIONS AND ROLE IN THE CREATION OF THE SOLUTION BY
THE SPONSOR AND THE 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 throughout the Competition and Judging Period. Potential winners
will be notified using the email address associated with the
ChallengePost account used to enter the Submission on or about April 1,
2013. For sake of clarity, if a potential winner is a team, Small
Organization or Large Organization, the notification will only be sent
to the Representative. In order to receive a Prize, the potential
winner will be required to sign and return to the Administrator
affidavit(s) of eligibility or a similar verification document and
liability/publicity release(s) within ten (10) business days. (If a
potential winner is a team, Small Organization or Large Organization,
the Representative and all participating members must sign and return
to the Administrator said affidavit(s) of eligibility or a similar
verification document and liability/publicity release(s) within ten
(10) business days.)
B. At the sole discretion of the Sponsor and Administrator, a
potential winner may be deemed ineligible to win if:
(i) the potential winner (or in the case of a team, Small
Organization or Large Organization, their Representative) cannot be
contacted within seven (7) business days, or is contacted and refuses
the Prize;
(ii) the potential winner (or in the case of a team, Small
Organization or Large Organization, their Representative or any
participating member) fail(s) to sign and return the affidavit(s) of
eligibility or a similar verification document and liability/publicity
release(s) within ten (10) business days from receipt of such
documents;
(iii) the Prize or Prize notification is returned as undeliverable;
or
(iv) the Submission or the potential winner, or any member of a
potential winner's team or organization, is disqualified for any other
reason. In the event of such disqualification, Sponsor and
Administrator at their sole discretion may award the applicable Prize
to an alternate potential winner. The disqualification of one (or more)
team members (or, in the case of Small Organizations and Large
Organizations, any participating members) from further consideration in
this Competition for any reason may result in the disqualification of
the entire team, Small Organization or Large Organization and of each
participating member at the sole discretion of the Sponsor and/or
Administrator.
13. Prizes
------------------------------------------------------------------------
Winner Prize Quantity
------------------------------------------------------------------------
Best Overall Solution............ US$50,000............... 1
Travel for no more than
two representatives
from the winning team
or organization to
Washington, DC to
present the winning
Solution.
Federal Trade Commission Recognition only........ 1
Technology Achievement Award.
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A. If no eligible Submissions are entered in the Competition, the
Prize will not be awarded. No Prize substitutions will be made except
for the right of the Sponsor to make a Prize substitution of equivalent
or greater value in the event the Prize or any portion thereof is
unavailable. Prizes must be accepted as awarded. No transfer or
substitution of a Prize is permitted except at the Sponsor's and
Administrator's sole discretion. The Prize may be mailed to the winning
Contestant's or, if a Small Organization is selected as a prize winner,
the Representative's address within 45 days of receipt of the signed
affidavit(s) of eligibility or a similar verification document and
liability/publicity release(s) form(s). If a team or a Small
Organization is selected as a Prize-winner, the associated Prize may be
shipped to said team or Small Organization's Representative. It will be
the responsibility of the winning team or Small Organization's
Representative to allocate the Prize amongst its team or Small
Organization members, as the Representative deems it appropriate.
B. Winners (and in the case of team or Organization, all
participating members) are responsible for reporting and paying all
applicable federal, state, and local taxes. It is the sole
responsibility of Prize winners of US$600 or more to provide certain
information to the Sponsor and Administrator in order to facilitate
receipt of the award, including completing and submitting any tax forms
when necessary and any applicable withholding and reporting
requirements. The Sponsor and Administrator reserve the right to
withhold a portion of the prize amount to comply with tax laws.
C. In the event a winner/potential winner's employer has a policy
that prohibits the awarding of a Prize to an employee, the Prize will
be forfeited and an alternate potential winner may be selected. Each
Contestant hereby acknowledges and agrees that the relationship between
the Contestant, the Sponsor and the Administrator is not a
confidential, fiduciary, or other special relationship, and that the
Contestant's decision to provide the Contestant's Submission to Sponsor
and Administrator for the purposes of this Competition does not place
the Sponsor, the Administrator, and their respective agents in a
position that is any different
[[Page 64807]]
from the position held by the members of the general public with regard
to elements of the Contestant's Submission, except as specifically
provided in these Official Rules.
14. Entry Conditions and Release
A. By entering, each Contestant (including, in the case of team,
Small Organization and Large Organization, all participating members)
agree(s) to:
(i) Comply with and be bound by these Official Rules and the
decisions of the Sponsor, Administrator, and/or the Competition judges,
which Rules and decisions are binding and final in all matters relating
to this Competition;
(ii) release, indemnify, defend and hold harmless the Sponsor,
Administrator, and their respective parent, subsidiary, and affiliated
companies, 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 (hereafter the ``Released
Parties'') from and against any and all claims, expenses, and
liabilities (including reasonable attorneys' fees), including but not
limited to negligence and damages of any kind to persons and property,
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 Submission or entry of a
Submission, participation in the Competition, acceptance or use or
misuse of the Prize (including any travel or activity related thereto)
and/or the broadcast, transmission, performance, exploitation or use of
Submission as authorized or licensed by these Official Rules.
B. Without limiting the foregoing, the Released Parties shall have
no liability in connection with:
(i) Any incorrect or inaccurate information, whether caused by the
Sponsor's, the Administrator's or a Contestant's electronic or printing
error or by any of the equipment or programming associated with or
utilized in the Competition;
(ii) technical failures of any kind, including, but not limited to
malfunctions, interruptions, or disconnections in phone lines, internet
connectivity or electronic transmission errors, or network hardware or
software or failure of the Competition Web site;
(iii) unauthorized human intervention in any part of the entry
process or the Competition;
(iv) technical or human error that may occur in the administration
of the Competition or the processing of Submissions; or
(v) any injury or damage to persons or property that may be caused,
directly or indirectly, in whole or in part, from the Contestant's
participation in the Competition or receipt or use or misuse of any
Prize. If for any reason any Contestant's Submission is confirmed to
have been erroneously deleted, lost, or otherwise destroyed or
corrupted, the Contestant's sole remedy is to request the opportunity
to resubmit its Submission, which request will be determined at the
sole discretion of the Sponsor and the Administrator if the Competition
Submission Period is still open.
C. Based on the subject matter of the Competition, the type of work
that it possibly will require, and the likelihood of any claims for
death, bodily injury, or property damage, or loss potentially resulting
from challenge participation, Participant is not required to obtain
liability insurance or demonstrate fiscal responsibility in order to
participate in this Competition.
15. Publicity
Participation in the Competition constitutes a winner's consent to
Sponsor's, and their agents' use of the winner's name, likeness,
photograph, voice, opinions, comments and/or hometown and state of
residence (and, as applicable, those of all other members of the team,
Small Organization or Large Organization which participated in the
Submission) for promotional purposes in any media, worldwide, without
further payment or consideration, for a period of three years following
the conclusion of the Competition.
16. General Conditions
A. Sponsor and Administrator reserve the right to cancel, suspend
and/or modify the Competition, or any part of it, if any fraud,
technical failure or any other unanticipated factor or factor beyond
Sponsor's and Administrator's control impairs the integrity or proper
functioning of the Competition, as determined by Sponsor and
Administrator at their sole discretion. The Sponsor and Administrator
reserve the right at their sole discretion to disqualify any individual
or Contestant that the Sponsor or Administrator finds to be tampering
with the entry process (for example by using the aid of computer
software programs to auto-fill entries) or the operation of the
Competition, or to be acting in violation of these Official Rules or in
a manner that is inappropriate, not in the best interests of this
competition, or a violation of any applicable law or regulation.
B. Any attempt by any person to undermine the proper conduct of the
Competition may be a violation of criminal and civil law, and, should
such an attempt be made, the Sponsor and the Administrator reserve the
right to take proper legal action, including, without limiting,
referral to law enforcement, for any illegal or unlawful activities.
C. The Sponsor and/or the Administrator's failure to enforce any
term of these Official Rules shall not constitute a waiver of that
provision. The Sponsor and the Administrator are not responsible for
incomplete, late, misdirected, damaged, lost, illegible, or
incomprehensible Submissions or for address or email address changes of
the Contestants. Proof of sending or submitting will not be deemed to
be proof of receipt by Sponsor or Administrator.
D. In the event of any discrepancy or inconsistency between the
terms and conditions of the Official Rules and disclosures or other
statements contained in any Competition materials, including but not
limited to the Competition Submission form, Competition Web site, or
point of sale, television, print or online advertising, the terms and
conditions of the Official Rules shall prevail.
E. The Sponsor and the Administrator reserve the right, without
liability, to amend the terms and conditions of the Official Rules at
any time, including the rights or obligations of the Contestant, the
Sponsor, and the Administrator. The Sponsor and Administrator will post
the terms and conditions of the amended Official Rules on the
Competition Web site (``Corrective Notice''). As permitted by law, any
amendment will become effective at the time the Sponsor and/or
Administrator post the amended Official Rules.
F. Excluding Submissions, all intellectual property related to this
Competition, including but not limited to trademarks, trade-names,
logos, designs, promotional materials, web pages, source codes,
drawings, illustrations, slogans and representations are owned or used
under license by the Sponsor and/or the Administrator. All rights are
reserved. Unauthorized copying or use of any copyrighted material or
intellectual property without the express written consent of its owners
is strictly prohibited.
G. Should any provision of these Official Rules be or become
illegal or
[[Page 64808]]
unenforceable under applicable Federal law, such illegality or
unenforceability shall leave the remainder of these Official Rules
unaffected and valid. The illegal or unenforceable provision shall be
replaced by a valid and enforceable provision that comes closest and
best reflects the Sponsor's intention in a legal and enforceable manner
with respect to the invalid or unenforceable provision.
17. Limitations of Liability
By entering, all Contestants (including, in the case of a team,
Small Organization or Large Organization, all participating members)
agree to be bound by the Official Rules and hereby release the Released
Parties from any and all liability in connection with the Prizes or
Contestant's participation in the Competition. Provided, however, that
any liability limitation regarding gross negligence or intentional
acts, or events of death or body injury shall not be applicable in
jurisdictions where such limitation is not legal.
18. Disputes
A. Contestants Agree That
(i) 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;
(ii) any and all disputes, claims and causes of action arising out
of or connected with this Competition, or any Prizes awarded, shall be
resolved pursuant to Federal law;
(iii) under no circumstances will Contestants be entitled to, and
Contestants hereby waives all rights to claim, any punitive, incidental
and consequential damages and any and all rights to have damages
multiplied or otherwise increased.
B. All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules, or the
rights and obligations of the Contestants, the Sponsor and the
Administrator in connection with the Competition, shall be governed by,
and construed in accordance with Federal law.
19. Privacy
The Administrator collects personal information from you when you
enter the Competition. The information collected is subject to the
privacy policy located here: http://ChallengePost.com/privacy. The
Administrator is authorized to share this information with the Sponsor
in accordance with the Administrator's privacy policy.
20. Competition Results
For Competition results, visit Competition Web site on or about
April 1, 2013.
21. Contact Us
If you have any questions or wish to send us any notice regarding
this Competition, please email us at Support@ChallengePost.com.
Jon Leibowitz,
Chairman.
[FR Doc. 2012-25979 Filed 10-22-12; 8:45 am]
BILLING CODE 6750-01-P
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