Innovate Health Tech NYC
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
Innovate Health Tech NYC (the “Competition”) is an initiative of New York City Economic Development Corporation, challenging individuals, teams and small businesses residing or domiciled in New York City (collectively, “Contestants”)to create commercially viable technologies that solve important health care problems (each a “Submission,” as further defined below in Section 5). The goals of the Competition are to encourage the development of ideas into NYC-based technology companies, to stimulate the creation of healthcare technology jobs, and to address urgent needs in healthcare.
Participation in the Competition constitutes Contestant’s full and unconditional agreement to these Official Rules and to the Sponsor’s (as defined below) and Administrator’s decisions, which are final and binding in all matters related to the Competition. Winning a Prize (as further defined in Section 13 below) is contingent upon fulfilling all requirements set forth in the Official Rules.
1. Sponsor and Administrator
Sponsor (the “Sponsor”): New York City Economic Development Corporation, 110 William Street, New York, NY 10038.
Administrator (the “Administrator”): ChallengePost, Inc., 425 W. 13th Street, Suite #504, New York, NY 10014.
The Sponsor is the entity responsible for the Competition. The Administrator manages and implements the Competition per the direction of the Sponsor.
2. Overview of Competition Dates
Submission Period: January 28, 2013 (11:00am Eastern Time) – May 2, 2013 (5:00pm Eastern Time)
In-Person Testing Event: May 16, 2013
Finalist Judging Period: May 22, 2013 (10:00am Eastern Time) – June 13, 2013 (5:00pm Eastern Time)
Public Voting Period: May 22, 2013 (10:00am Eastern Time) – June 13, 2013 (5:00pm Eastern Time)
Demo Day & Winners Announced:On or around July 10, 2013 (5:00pm Eastern Time)
A. The Competition is open only to:
(i) individuals who are at least 18 years of age at the time of entry, are legal residents of the United States, and either reside in or are employed full time in New York City as of the time of entry and when winners are announced;
(ii) teams of individuals where each individual team member is at least 18 years of age and a legal resident of the United States, and where the majority of individual team members either reside in or are employed full time in New York City as of the time of entry and when the winners are announced; 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 legally formed, maintain an office location and employees in New York City, and employ no more than ten (10) people (“Organizations”).
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 a Contestant may deem necessary to create and enter their Submission.
C. Each team or Organization shall appoint one individual (the “Representative”) to represent and act, including registering and entering a Submission, on behalf of said team or Organization. The Representative must be duly authorized to submit on behalf of the team or Organization. The Representative represents and warrants that he/she is duly authorized to act on behalf of the team or Organization, and has read the Official Rules and that the team or Organization agrees to abide by these Official Rules. The Representative will ensure that each member of the team or Organization participating in entering the Submission, or in decisions related to the Submission, has read and complies with the Official Rules.
D. An individual may join more than one team or Organization, and an individual who is part of a team or Organization may also enter the Competition on an individual basis, provided they meet the eligibility requirements for Individual Contestants.
E. The following individuals, teams, and 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, paid 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 (as further defined in Section 9 below) or that otherwise has a material business relationship or affiliation with any Judge; and
(iv) any parent company, subsidiary, or other affiliate of any organization described above.
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 January 28, 2013 at 11:00am Eastern Time and May 2, 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
(i) Beginning on January 28, 2013 at 11:00am Eastern Time, visit http://InnovateHealthTechNYC.com (the “Competition Website”) 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 to create a ChallengePost account. Visitors to the Competition Website are required to log in to their ChallengePost account to sign up for Competition updates, participate in the discussion forum, post comments, enter a Submission, and/or participate in public voting.
(ii) After a Contestant signs up on the Competition Website a confirmation email will be sent to the email address provided by the Contestant. The Contestant will need to verify their email address using the link provided in the confirmation email.
(iii) Contestant should indicate their agreement in participating by clicking “Register” on the Competition Website 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’s Representative. 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.
(i) Contestants must create a functioning prototype of a commercially viable software or hardware technology that addresses an important health care problem (the “Technology”). Eligible Technologies may include, but are not limited to, healthcare analytics tools, clinical workflow management tools, mobile health applications, and wireless health monitoring devices.
a. Software Technology that doesn’t run on a Contestant’s proprietary hardware, must run on a mobile or desktop operating system or web browser, and must be able to be successfully installed and capable of running consistently, as described, on the platform for which it is intended.
b. Hardware Technology must include a functioning prototype, which includes electronic components, and must be made available for testing to the Sponsor, Administrator and Judges.
(ii) Contestants are encouraged, but not required, to enter Technologies that address problems in the following areas: (a) novel Technologies (including wireless health and home monitoring devices and consumer technology or enterprise technology); (b) data use (including data analysis to improve outcomes and/or reduce cost of care and population level data analytics and predictive modeling); (c) patient management (including tools to improve patient compliance and disease management, medication adherence and medication checking, tools to improve communication and patient satisfaction metrics, tools to manage clinical trials and patient networks, and effective marketing methods for new patients); and (d) processes improvement (including care coordination and integration and productivity enhancements and streamlining processes.)The Sponsor and/or Administrator may, at their sole discretion, disqualify a Submission for any reason, including but not limited to, if the Technology is not specific to a healthcare context, does not have a clear application to an important healthcare problem, or has application only to healthcare practices that are controversial and not widely accepted.
(ii) During the Competition Submission Period, Contestant must visit the Competition Website and confirm that they have read and agree to the Official Rules. The Contestant must enter a Submission by completing the Enter a Submission form at http://InnovateHealthTechNYC.com.
(iii) Submissions must include:
a. the name of the Technology;
b. a brief text description summarizing the Technology’s functionality and use;
c. one or more images depicting the working Technology, including screenshots, if software, or a physical prototype, if hardware;
d. a link to a video posted on YouTube.com or Vimeo.com that clearly demonstrates the Technology’s functionality and features (by walking through a demonstration of the software or hardware in use);
e. a single uploaded ZIP file including:
- a PDF file that should be no longer than five (5) pages, which includes answers to required questions about the Technology and Contestant outlined below in Section 6 C;
- a PDF file of a presentation, that should be no longer than five (5) slides;
- for software Technology requiring download or installation, appropriate installation files should be included (see section 6 B (vii) below for details);
f. the Submission type (software solution or hardware prototype);
g. the Technology category (healthcare analytics tool, clinical workflow management tool, mobile health application, web health application, wireless health monitoring device, or other);
h. for web or mobile web software Technology, a link to a website where the Technology can be accessed free of charge;
i. for software Technology available for the public to download, a link to the appropriate app store or website where it can be downloaded;
j. step-by-step testing instructions including, for software Technology, the minimum operating system or web browser version required for testing and login instructions, if a login is required;
k. the submitter type (individual, team, organization);
l. the Organization name, if the submitter is an Organization; and
m. the Contestant Representative’s phone number.
(a-m above, are collectively a “Submission”)
(iv) For sake of clarity, all parts of the Submission must be entered at the same time on the Competition Website. All Submissions must be received no later than 5:00pm Eastern Time on May 2, 2013.
(v) Once a Submission has been submitted and the Competition Submission Period has ended, a Contestant may not make any changes or alterations to the Submission. Contestants may save draft versions of their Submission before entering it on the Competition Website.
6. Submission Requirements
A. Language Requirements
All Submission materials must be in English.
B. Text Description, Image, and Video Requirements
(i) The text description field must describe the Technology’s functionality and use. The text description will be displayed publicly on the Competition Website and should not include private or proprietary information.
(ii) The images must depict the working Technology, including screenshots, if software, or a physical prototype, if hardware. Images will be displayed publicly on the Competition Website.
(iii) The video portion of the Submission:
a. should be no longer than five (5) minutes;
b. must clearly demonstrates the Technology’s functionality and features (by walking through a demonstration of the software or hardware in use); and
c. must not include music or other copyrighted material or use third party trademarks unless the Contestant has written permission to use such material.
(iv) If the video is primarily promotional rather than a demonstration of the Technology’s functionality and features (by walking through a demonstration of the software or hardware in use), the Submission may be disqualified at the Sponsor’s and/or Administrator’s sole discretion.
(vi) The Sponsor and/or the Administrator, at their sole discretion, may permit a Contestant to modify part of the Submission after the Competition Submission Deadline for the purpose of removing material that potentially infringes a third party mark or right, discloses personally identifiable information, or is otherwise inappropriate. The modified Submission must remain substantively the same as the original Submission with the only modification being what is permitted by the Sponsor and/or Administrator. Any modifications beyond what is permitted may result in disqualification.
(vii) Technologies can not be changed after the Competition Submission Period and before the Demo Day unless, in the case of software Technologies, the Contestant has provided an installation file and testing instructions on the Enter a Submission form on the Competition Website. The following files should be uploaded:
a. For Android applications, Contestants should upload a .apk file
b. For iOS applications, Contestants should upload a .ipa file provisioned with the appropriate UDID:
iPad (iOS 5.0.1) e21acf963c60919f6f0aa23d42cef5f06e25ee2d
iPod Touch 4th Gen (iOS 5.0.1)13d9c9e50d705446c07fc5d2c3c3144c69ffc576
iPhone 4 (iOS 9b208) d6d3f69fde72561928c0fd7c541ea1511acf7729
c. For Windows Phone applications, Contestants should upload a .xap file with testing instructions.
d. For Blackberry application, Contestants should upload a .bar file with testing instructions.
e. For Mac or Windows desktop applications, Contestants should upload appropriate installation files.
Hardware Technologies and Web or mobile web software applications must not be updated after the Competition Submission Period and before the Demo Day. Doing so may cause the Contestant's Submission to be disqualified.
C. File Upload Requirements
(i) Contestants must create a presentation that should be no longer than five (5) slides. The presentation must be a draft of the presentation the Contestant will give to Judges at the Demo Day (as further defined in Section 11 below), if they are selected as a Finalist (as further described in Section 9 below). The presentation should describe the Contestant’s Technology, including the healthcare problem it addresses and its commercial potential.
(ii) Contestants must answer each of the questions below to demonstrate their Technology’s potential impact and commercial viability and the Contestant’s capacity to bring the Technology to market. If you do not answer each of the questions, the Submission may be disqualified at the Sponsor’s and/or Administrator’s sole discretion or the Sponsor and Administrator may elect to score the Submission but having a nonresponsive answer will result in a lower score.
a. Healthcare need: What need(s) in healthcare does your Technology address and who are the target users? Why is this need urgent?
b. Product differentiation: Please explain how your Technology is different than others on the market and how you can demonstrate a demand for your product.
c. Commercialization: Please explain the path the commercialization for your Technology. How will you demonstrate the value of your innovation to potential customers? How do you plan to market and sell your product? Please include thoughts on sales channels, costs and pricing.
d. Risks: What are the risks and challenges that come with taking your innovation to market and how are you qualified to overcome them?
e. Team qualifications: Why is your team qualified to commercialize your solution? Please discuss your team’s commitment, what expertise you have or lack, and any healthcare technology your team has created previously.
f. Next steps: If your team is awarded a Prize in the Competition, how would you use the money?
(ii) Contestants must include their answers to the questions in Sections 6(C)(ii) (the “Required Questions”) in a PDF file, no longer than 5 pages, and include the PDF in a ZIP file uploaded on the Enter a Submission form. A readable font size must be used and the pages can either be single or double-spaced. Each question should be stated in the PDF file with the Contestant’s answers below the question.
(iii) Contestants may include additional information, including Technology specifications, images, or diagrams. Uploaded file types must be PDF or JPEG. Contestants may upload multiple PDFs or JPEGs by including them in the single uploaded ZIP file. Contestants should include any information they do not want viewed by the public in the uploaded file. Only the Sponsor, Administrator, and Judges will view the uploaded the file.
D. Technology Requirements
In addition to the requirements described above in Section 5(B):
(i) The Technology included in the Submission must have substantially new functionality and must not have been sold or licensed commercially prior to the start of the Competition Submission Period.
(ii) The Submission must not be substantially similar to any product or technology distributed publicly by the Contestant prior to the start of the Competition Submission Period.
(iii) The Contestant may offer the Technology to the public after the start of the Competition Submission Period. However, each Technology must be available free of charge for testing, evaluation and use by the Competition Sponsor, Administrator and Judges during the Competition and until the Judging Period (as further defined in Section 2 above) ends at 5:00 Eastern Time on June 13, 2013.
(iv) Each Technology will be tested by the Administrator, the Sponsor or their designees. Submissions may be disqualified if the Technology does not function as depicted in the video or expressed in the text description, at the Sponsor’s and/or Administrator’s sole discretion. Contestants entering a physical prototype of a hardware Technology will be required to provide access to the physical prototype upon request at a time and location determined by the Sponsor or Administrator. The Sponsor and/or Administrator reserve the right, at their sole discretion, to require Contestants submitting software Technology to provide access to a device suitable for testing the software Technology at a time and location determined by the Sponsor or Administrator.
(v) Contestants may be required to provide additional information, and the Administrator has the right to request additional information, to verify any aspect of the Submission. Failure by a Contestant to respond in a timely fashion or fully honor such a request may result in disqualification of the Submission.
(vi) Submissions must be free of malware. Contestant agrees that the Sponsor and the Administrator may conduct testing on the Technology to determine whether malware or other security threats may be present. Submission not complying with these requirements may be disqualified.
E. General Requirements
(i) A Contestant may enter more than one Submission. However, each Submission must be, at the sole discretion of the Sponsor and Administrator, substantially different from the Contestant’s other Submissions. If similar Submissions are received, the Sponsor and/or Administrator may require the Contestant to choose one of the similar Submissions to enter. If an individual is a member of more than one team or Organization, the Submissions made by the team or Organization that the individual is part of must be substantially different from the Contestant’s other Submissions.
(ii) A Submission may be rejected at the sole discretion of the Sponsor and Administrator, if the Submission, either in part or in its entirety, is deemed to be obscene, defamatory, likely to incite violence or illegal activity, in violation of any third-party’s rights, or is otherwise deemed to be inappropriate.
(iii) Submissions must not include any email addresses, phone numbers, addresses, or social security numbers in the Submission name, text description, video, or images.
(iv) 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.
(v) Submissions must: (a) be the original work product of the Contestant; (b) be solely owned by Contestant and with no other person or entity having any right or interest in it; and (c) not violate the Intellectual Property rights or other rights including but not limited to copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity. A Contestant may contract with a third party for technical assistance to create the Submission provided the Submission components are solely the Contestant’s work product and the result of the Contestant’s ideas and creativity, and the Contestant owns all rights to them.
(vi) By entering a Submission, Contestant represents, warrants and agrees that the Submission is their own work, and complies with these 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, moral rights nor any other rights of any person or entity; or
b. constitute or result in any misappropriation or other violation of any person’s publicity rights or right of privacy.
7. Submission Rights
A. All Submissions may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law of the State of New York (“FOIL”). A respondent may provide in writing, at the time of its submission, a detailed description of the specific information contained in its Submission which it has determined is a trade secret and which, if disclosed, would substantially harm such entity’s competitive position. This characterization shall not be determinative, but will be considered by the Sponsor when evaluating the applicability of any exemptions in response to a FOIL request.
B. Submissions will include components that will be displayed publicly on the Competition Website and other media (the “Public Submission”) and components that will not be displayed publicly unless disclosure is required in accordance with FOIL (the “Non-Public Submission”). The Public Submission includes the Submission name, text description, video, images, submitter type, Technology category, Organization name (if Contestant is and Organization), and website URL (if submitted). The Non-Public Submission includes the uploaded PDF file, testing instructions, and the Contestant Representative’s phone number.
C. The Sponsor and Administrator, and any third parties acting on the Sponsor’s behalf, will have a royalty-free, non-exclusive, worldwide license to display publicly and use for promotional purposes the Public Submission, in perpetuity. This license includes posting or linking to the Public Submission on Sponsor and Administrator’s websites, including the Competition Website, and partner websites, and inclusion of the Submission in any other media, worldwide. The Non-Public Submission may be viewed by the Sponsors, Administrator, and Judges for screening and evaluation purposes, and may be disclosed in accordance with FOIL. The Sponsor, Administrator, and Judges will not enter into non-disclosure agreements with Contestants in connection with the Competition. Contestants should avoid including in their Submission any sensitive materials that they believe require the protection of a non-disclosure agreement.
8. Display of Submissions and Public Voting
A. Eligible Submissions will be posted on the Competition Website on a rolling basis after being tested and screened by the Administratorfor completeness and appropriateness of content, and adherence to the requirements of these Official Rules.
B. Public display of a Submission on the Competition Website gallery does not constitute a final determination by the Sponsor and/or Administrator that the Submission met requirements and is eligible. Accordingly a Submission may still be disqualified even after it has been publically displayed.
C. Non-Contestants interested in the Competition may obtain updates on the Competition by creating an account on the Competition Website or by logging in using an existing ChallengePost account. Additionally, such registered visitors (“Registered Visitors”) will be able to cast one vote during the Public Voting Period (as further defined in Section 2 above) for each of their favorite Submissions as part of the Popular Choice Finalist (as further defined in Section 10(c) below) selection, as further described in Section 10 below.
9. Selection of Finalists
A. During the Finalist Judging Period, the Submissions will be evaluated by a qualified panel of impartial judges (the “Judges”) selected by the Sponsor and the Administrator. Such Submissions may be evaluated in one or more rounds of judging, and each round of judging may involve different Judges. The Judges will evaluate each Submission on the criteria identified below to select nine (9) finalists (the “Finalists”). The Sponsor and the Administrator reserve the right to substitute or modify the judging panel 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. This includes, but is not limited to, cases where a Judge has a material business relationship or affiliation with a Contestant.
C. Judges will rate the quality of all Submissions using the following six (6) equally weighted criteria:
(i) Quality of the Idea (including creativity and originality);
(ii) Quality of User Experience (including design, visual aesthetic, and ease of use);
(iii) Potential Impact (including the potential impact on an urgent healthcare need);
(iv) Commercial Potential (including feasibility of distribution to target users, scalability, and potential demand);
(v) Quality of Team (including prior successes and experience of team members and capacity of the team to execute and bring the technology to market); and
(vi) Potential for Impact on NYC - Includes the potential impact on the creation of NYC-based healthcare technology jobs.
D. The nine (9) Contestants whose Submissions earn the highest overall score, excluding, if applicable, the Popular Choice Finalist, will become potential Finalists. The Popular Choice Finalist is not eligible to be a Finalist. If the Popular Choice Finalist is one of the nine Contestants whose Submissions earn the highest overall scores from the Judges, then the Contestant whose Submission earns the tenth overall highest score, will become a potential Finalist.
E. In the event of a tie between two or more Submissions, the tied Submission with the highest score in the first criterion listed above shall be deemed the higher scoring Submission. In the event any ties remain, this process will be repeated by comparing the tied Submissions’ scores on the second, third, fourth, and fifth criterion listed above, respectively. If two or more Submissions are tied on all six criteria, the panel of Judges will vote on the tied submissions (the “Tie-Breaker Criteria”).
F. A Contestant’s likelihood of becoming a Finalist will depend primarily on the number and quality of Submissions, as determined by the Judges using the criteria in these Official Rules.
10. Selection of Popular Choice Finalist
A. Voting on the Competition Website during the Public Voting Period will determine the potential Popular Choice Finalist.
B. The potential Popular Choice Finalist will be determined on the basis of the verified vote counts, as determined by the Administrator in its sole discretion. The Sponsor and the Administrator reserve the right to extend or change the Public Voting Period at any time for any reason.
C. One (1) potential finalist will be selected based solely on the highest number of verified votes received from Registered Visitors on the Competition Website (the “Popular Choice Finalist”). If there is a tie between or among two or more Submissions for the Popular Choice Finalist, the higher scoring Submission will be determined by the Tie-Breaker Criteria (described in Section 9 E above).
D. The likelihood of being selected to as the Popular Choice Finalist depends on the total number of verified votes received on the Submissions relative to other Submissions.
E. 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, including the use of multiple email addresses or any form of automated vote processes will subject all votes from the person or entity to disqualification. The Sponsor and/or the Administrator reserves the right to disqualify any Contestant at their sole discretion, if a Contestant receives multiple and/or irregular votes from the same user or users, or receives votes in a manner that otherwise may indicate automated or non-automated vote manipulation. If the voting process for the Popular Choice Finalist fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsor and/or the Administrator at their sole discretion reserve the right to determine the Popular Choice Finalist by using non-suspect votes, or by any other means the Administrator deems appropriate. Contestants may not pay or otherwise compensate anyone or provide any other type of consideration in exchange for votes. If no alternative means of determining a winner of the Popular Choice Finalist is available, Administrator may eliminate the Popular Choice Finalist or select one addition Finalist.
11. Selection of Best Overall Innovations – Grand Prize, Second Prize and Third Prize
A. Finalists will attend a judging event (the “Demo Day”) where they will give presentations and demonstrate their Technologies to the Judges and members of the public. Each Finalist will be provided with one coaching session to streamline their Demo Day presentation. Sponsor shall have the sole ability to determine the date and the location of the coaching sessions and Demo Day. The Demo Day will occur on or about July 10, 2013. Failure to attend the Demo Day and give a presentation may result in immediate disqualification and selection of an alternative Finalist.
B. Judges will rate all ten Finalists at the Demo Day using the following criterion:
(i) Presentation quality (including clarity and persuasiveness of the presentation and Technology demonstrations).
C. A Finalist’s score on the “Presentation quality” criterion will be added to the scores the Finalist received from the Judges on the five criteria listed above in Section 9 (C) and used to determine the Finalists. All six criteria will be weighted equally to determine each Finalist’s final overall score.
D. The three (3) Finalists whose Submissions earn the highest final overall scores will become the potential winners of the Prizes identified below in Section 13.
E. In the event of a tie between or among two or more Finalists, the tied Finalist with the highest score in the “Presentation quality” criterion listed above shall be deemed the higher scoring Finalist. If the two or more tied Finalists are also tied on the “Presentation quality” criterion, the panel of Judges will vote on the tied Finalists.
F. A Contestant’s likelihood of winning a Best Overall Innovation Award, once selected as a Finalists, will depend on the quality of their Submission and Demo Day presentation as determined by the Judges using the criteria in Sections 9 (C) and 11 (B) of these Official Rules.
12. Verification of Potential Finalists and Winners
A. ALL POTENTIAL FINALISTS AND WINNERS ARE SUBJECT TO VERIFICATION OF IDENTITY, QUALIFICATIONS AND ROLE IN THE CREATION OF THE SUBMISSION BY THE SPONSOR AND THE ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION. Potential finalists and winners must continue to comply with all terms and conditions of these Official Rules throughout the Competition. Potential finalists will be notified using the email address associated with the ChallengePost account used to enter the Submission on or about June 18, 2013. Potential winners will be notified using the email address associated with the ChallengePost account used to enter the Submission on or about July 10, 2013. For sake of clarity, the notification will only be sent to the Representative of the team or Organization.
B. In order to participate in the Demo Day, the potential Finalist 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 seven (7) business days.
C. At the sole discretion of the Sponsors and Administrator, a potential Finalist will be deemed ineligible if:
(i) the potential Finalist cannot be contacted within seven (7) business days, or is contacted and refuses to participate in the Demo Day;
(ii) the potential Finalist fail(s) to sign and return the affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within seven (7) business days from receipt of such documents;
(iii) notification to the potential Finalist is returned as undeliverable; or
(iv) the Submission or the potential Finalist, or any member of a potential Finalist’s team or Organization, is disqualified for any other reason. In the event of such disqualification, the Sponsor and Administrator, at their sole discretion, may select an alternate potential Finalist, or award the applicable Prize to an alternate potential winner.
Best Overall Innovation – Grand Prize
Best Overall Innovation – Second Prize
Best Overall Innovation – Third Prize
Invitation to participate in the Demo Day and one coaching session to assist in preparing a presentation.
Popular Choice Finalist
Invitation to participate in the Demo Day and one coaching session to assist in preparing a presentation.
A. No Prize substitutions will be made. 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 will be provided following receipt of the signed affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) form(s).
B. Winners shall be responsible for any applicable federal, state, and local taxes associated with the Prize.
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 will be selected.
14. Entry Conditions and Release
A. 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 the 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 from the position held by the members of the general public with regard to elements of the Submission, except as specifically provided in these Official Rules. The Sponsor, Administrator, and Judges will not enter into Non-Disclosure Agreements with Contestants in connection with the Competition.
B. By entering, each Contestant (including all participating members of the team or Organization) 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 are binding and final in all matters relating to this Competition; and
(ii) release, indemnify, defend and hold harmless the Sponsors Administrator, and their respective parent, subsidiary, and affiliated companies, the City of New York, 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 (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), participation in the Demo Day, and/or the broadcast, transmission, performance, exploitation or use of Submission as authorized or licensed by these Official Rules.
C. 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 Website;
(iii) unauthorized human intervention in any part of the entry process or the Competition;
(iv) technical or human error which may occur in the administration of the Competition or the processing of Submissions; or
(v) any injury or damage to persons or property which 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.
Participation in the Competition constitutes a Finalist and Prize winner’s consent to Sponsor’s and Administrator’s, and their agents’ use of the Finalist or winner’s name and description, including Organization name, if applicable, and the likeness, photograph, voice, opinions, comments and/or hometown and state of residence of individuals who participated in the Submission, for promotional purposes in any media, worldwide, without further payment or consideration, for a period of two 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 it finds to be tampering with the Competition, specifically including but not limited to the entry or voting 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, unsportsmanlike, 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 limitation, 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 the Sponsor or Administrator.
D. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Competition materials, including but not limited to the Competition Submission form, Competition Website, advertising (including but not limited to television, print, radio or online ads), 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 Website. 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 unenforceable in the jurisdiction of a permitted entrant, 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 the participating members of a team or Organization, 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.
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 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 exclusively by the United States District Court of New York or the appropriate New York State Court; and
(iii) under no circumstances will Contestants be entitled to, and Contestants hereby waive all rights to claim, any punitive, incidental and consequential damages 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.
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, 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.
20. Competition Results
For Competition Finalists, visit the Competition Website on or about June 18, 2013. For the Competition winners visit the Competition Website on or about July 10, 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.