Challenge Rules

Competition Terms and Conditions

Teams are responsible for their own costs in developing and testing submissions. If no team qualifies for baseline performance expectancy, then the evaluation panel reserves the right to reassess performance standards.

Participating teams will be afforded the opportunity to share resources and assets, merge, or reorganize at any point during the Challenge to produce the best outcome. Teams that do merge must agree on terms that integrate all parties involved under one entity so that there are no disputes during contract negotiations in the event that the conjoined team wins the Challenge.

The City reserves the right, at any point during the Challenge, to change any details about the Challenge as unforeseen circumstances arise.

Eligibility

To be eligible to compete in the Climate Action Challenge, a team must be an Eligible Entity. Employees of the City of New York, 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 Challenge and their immediate family (spouse, parents and step-parents, sibling 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 participate and receive award of a stipend or agreement with the City or any award. The Challenge is subject to all applicable United States federal, state and local laws and regulations. Participation constitutes participant’s full and unconditional agreement to these Official Rules and Sponsors’ decisions, which are final and binding in all matters related to the Challenge. Award of a stipend is contingent upon fulfilling all requirements set forth herein.

Each team must designate a Team Leader. The Team Leader will be the sole point of contact between the team and the Challenge administrators.

The City reserves the right to limit, or restrict upon notice, participation in the Climate Action Challenge to any person or entity at any time for any reason. Teams may withdraw as set forth in the guidelines provided in the Challenge Rules.

Privacy and Data Security (Confidentiality)

Challenge participants may be exposed to information about the City’s business that is considered sensitive to its operations. Teams are required to sign a Non-Disclosure Agreement and to protect and keep confidential any information it may come into contact with during the challenge process as laid out in the Challenge Rules.

Health, Safety, & Environment/Security

Teams are required to register all Team Members for the Challenge. In addition to complying with applicable laws and regulations, each team is expected to employ appropriate safety precautions. All teams must wear proper equipment when setting up and using equipment. The City reserves the right to suspend or disqualify team operations if they observe someone on any team participating in unsafe activities.

Each team must fill out and return the appropriate safety and security forms at least two weeks prior to the team’s field testing visit.

Equipment Breakdown

Participants are responsible for breaking down and removing any equipment after testing is complete.

Challenge Rules

The Challenge will begin at 3:00:00 PM Eastern Standard Time ("EST") December 15, 2017 and end at 11:59:59 PM EST on April 30, 2018 ("Challenge Period"). The Challenge is sponsored by the City of New York (“Sponsors”). Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. You are responsible for checking applicable laws in your jurisdiction before participating in the Challenge to make sure that your participation is legal and to ensure that you comply with all relevant laws. You are responsible for obtaining all passports, visas, and other government-required documents and permissions needed to use a prize.

To enter, you must visit the application page and complete all forms by January 15, 2018. Once you have qualified and submitted all necessary documentation. To complete their Submissions via the Challenge application page.

The timeline is as follows:

The Judging Period for Round 2 will begin at 9:00:00 AM EST on February 19, 2018, and end in March 2018. The Sponsors will appoint an Evaluation Panel of up to eight judges.

Up to six Submissions that receive the highest overall scores from the Evaluation Panel during the Judging Period for Round 2 will be potential Finalists and proceed to Round 2. Potential Finalists will be notified and confirmed in March 2018 by email from the Sponsors. Each potential Round 2 Finalist will be asked to provide contact information and sign and return an affidavit. If a potential Finalist does not respond to Sponsors’ notice or does not return the affidavit within 24 hours, that potential Finalist may be disqualified and the entry with the next highest score ranked by the judges will be selected as a potential Finalist for Round 2 in its place.

Round 2 of the Challenge will begin at 9:00:00 AM EST on Jan 19, 2018, and end at 11:59:59 PM EST on Feb 16, 2018. During Round 2, entrants will be asked to further refine and develop their original Submissions.

ALL POTENTIAL AWARDEES ARE SUBJECT TO VERIFICATION BY SPONSORS WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CHALLENGE.

In May 2018, Sponsors will announce the Submissions awarded Winner agreements.The Submissions may also be featured on official social media channels operated by the City of New York.

Award does not include assistance with or travel costs or other expenses associated with the Challenge, if required. No cash in lieu of award. No substitution of award is permitted except by Sponsor. Award is not assignable or transferable. Limit one award per person/team. If Awardee(s) cannot participate for any reason, Awardee(s) will forfeit the award and Sponsors may, at their option and in their sole discretion, select an alternate awardee or the award may not be awarded. All of the award elements are subject to change and shall be determined by Sponsors in their sole discretion.

The Approximate Retail Value (ARV) of the Award (s) will be award of $13,000 for up to 6 Round 2 Finalists. Any difference between stated value and actual value will not be awarded. Awardee is responsible for any transportation not specifically noted in these rules. Awardee is responsible for obtaining all necessary travel documents prior to travel. Certain restrictions, as determined by Sponsors, may apply. All specifics of the Challenge will be at Sponsors’ discretion. If Awardee (s) cannot comply with these restrictions or any other portion of these Official Rules, the award will be forfeited in its entirety and an alternate Awardee (s) will be chosen. If Awardee (s) cannot meet deadlines specified by Sponsors, the award will be forfeited in its entirety and the award may be awarded to an alternate awardee selected by the panel of judges from among Finalist entries. All costs and expenses associated with award acceptance and use not listed herein as part of the award including, without limitation, ground transportation (other than that specified above as included in prize), luggage fees, souvenirs, miscellaneous hotel expenses, and gratuities are the sole responsibility of Awardee.

All federal, state and local income taxes on award(s) and gratuities are solely the responsibility of the Awardee. Payments to potential Awardee(s) are subject to the express requirement that they submit to the Sponsors all documentation requested by the Sponsors in compliance with all applicable state, federal and local tax reporting and withholding guidelines. All Awards will be net of taxes Sponsors are required by law to withhold. The Awardee is responsible for ensuring that he/she complies with all the applicable tax laws and filing requirements. If the Awardee fails to provide such documentation or comply with such laws, the prize may be forfeited and the Sponsors may, in their sole discretion, select an alternative potential Awardee.

Sponsors do not claim any ownership rights in your Submission. By participating, you agree to be bound by these Official Rules and grant Sponsors a non-exclusive, fully paid-up, perpetual and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your Submission or Phase 2 Submission, including without limitation the right to use all or part of your Submission in any format in perpetuity.

By participating, you consent to the use, by Sponsors, their affiliates, subsidiaries, parents, and licensees, of your name, likeness, and image, in connection with the Challenge and Sponsors’ related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked.

You agree that nothing in these Rules grants you a right or license to use materials owned by Sponsors or any materials or data supplied by Sponsors during the course of the Challenge.

Warranties

By participating in the Challenge, you represent and warrant that your Submission:

  1. is your own original work;
  2. does not violate or infringe upon the copyrights, trademarks, patent or other rights of any person or entity;
  3. does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
  4. does not trigger any reporting or royalty obligation to any third party.

You further represent and warrant that the rights that you are granting under these Official Rules do not conflict in any way with any other agreement to which you are a party, or with any commitments, restrictions, or obligations that you are under to any other person or entity.

Participation Conditions and Release

By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsors and/or the Challenge judges which are binding and final in all matters relating to this Challenge; (b) release and hold harmless the Sponsors, and their respect parent, subsidiary, and affiliated companies, the award suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge, 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 participant’s Submission or Phase 2 Submission, creation of an entry or submission of an entry, participation in the Challenge, acceptance or use or misuse of an award (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of a Submission or Phase 2 Submission; and (c) indemnify, defend and hold harmless the Sponsors from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to a participant’s participation in the Challenge and/or particpant’s acceptance, use or misuse of an award.

Publicity

Except where prohibited, participation in the Challenge constitutes participant’s consent to Sponsors’ and their agents’ use of his or her name, likeness, photograph, voice, opinions and/or hometown and state for promotional purpose in any media, worldwide, without further payment or consideration.

Participants are prohibited from using The City name or any of its trademarks, without the express written approval by the City.

General Conditions

Sponsors reserve the right to cancel, suspend and/or modify the Challenge, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors’ reasonable control impairs the integrity or proper functioning of the Challenge, as determined by Sponsors in their sole discretion. Sponsors reserve the right in their sole discretion to disqualify any individual or participant it finds to be tampering with the entry process or the operation of the Challenge 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 Challenge may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsors are not responsible for, nor are they required to count, incomplete, late, misdirected, damaged, unlawful or illicit Submissions, Phase 2 Submissions, including those secured through automated means or by registering more than one e-mail account and name, using another participant’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 participants, printing errors or by any of the equipment or programming associated with or utilized in the Challenge, (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 Challenge; (4) technical or human error which may occur in the administration of the Challenge or receipt or use of any award. If for any reason a participant’s Submission or Phase 2 Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is to provide another Submission or Phase 2 Submission within the applicable deadline. No more than the stated number of awards will be awarded.

Disputes

Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge, or any award, other than those concerning the administration of the Challenge or the determination of awardees, 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 Challenge, or any awards, 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 Challenge, but in no event attorneys’ fees; and (4) under no circumstances will participant 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 Challenge, 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 of 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 Challenge. The information collected is subject to the City's privacy policy.

Challenge Results

Challenge results will be announced in May 2018.

Freedom of Information Law

All Challenge related submissions and materials become the property of The City. The City has agreed to be subject to the New York State Freedom of Information Law (“FOIL”), which governs the process for the public disclosure of certain records maintained by The City. (See Public Officers Law, Sections 87 and 89.) Proposal submission material will generally be made available for inspection and copying by interested parties upon written request, except when specifically exempted from disclosure under the requirements of FOIL. Individuals or firms that submit proposals to The City may request that The City except all or part of such a proposal from public disclosure, on the grounds that the proposal contains trade secrets, proprietary information, or that the information, if disclosed, would cause substantial injury to the competitive position of the individual or firm submitting the information. Such exception may extend to information contained in the request itself, if public disclosure would defeat the purpose for which the exception is sought. The request for such an exception must be in writing and state, in detail, the specific reasons for the requested exception. It must also specify the proposal or portions thereof for which the exception is requested. If The City determines that the requested exemption from public disclosure qualifies for an exemption from disclosure under FOIL, The City will grant such requested exception to the extent permitted under FOIL.