Challenge Rules

NYC Challenge Rules

The Challenge, a solicitation for proposals for technology-enabled solutions to a specified urban problem, will begin at 4:00:00 PM Eastern Standard Time ("EST") October 23, 2017 and end at 11:59:59 PM EST on Dec 15, 2017 ("Challenge Period"). The Challenge is sponsored by the New York City Department of Transportation ("NYCDOT"), the New York City Mayor's Office of Criminal Justice ("MOCJ"), New York City Economic Development Corporation ("NYCEDC"), and the Mayor’s Office of Technology and Innovation (MOTI), collectively the “Sponsors”. Participation by you (“you,” “applicant” or “applicants) is subject to all federal, state and local laws and regulations. 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.

ELIGIBILITY: The challenge is open only to companies, non-profit organizations, and individuals, whether independent or as part of teams. Individuals must be 18 years of age or older at the time of entry, and any individual who joins a team during all phases of the Challenge must be 18 years old at the time that individual joins a team. In order to participate, you must agree to the accompanying terms. The Challenge is subject to all applicable United States federal, state and local laws and regulations. Participation by you constitutes your full and unconditional agreement to these Challenge Rules and the Sponsors’ decision, which are final and binding in all matters related to the Challenge.

HOW TO ENTER: To enter, you must visit the application and complete all forms by December 15, 2017.

JUDGING PERIOD: The Judging Period will begin at 9:00:00 AM EST on December 16, 2017 and end at or before 11:59:00 PM EST on February 28, 2018. The anticipated judges are listed below; Sponsors may replace any member of the judging panel at any time for any reason.

JUDGES:
Ifeoma Ebo, MOCJ, Senior Design Advisor
Neil Gagliardi, DOT, Director of Urban Designer
Emily Weidenhof, DOT, Director of Public Spaces
Miguel Gamino, Chief Technology Officer
Kate Daly, NYCEDC, SVP Center for Urban Innovation
Constantine Kontokosta, NYU CUSP, Assistant Professor, Urban Informatics

The panel of judges will select finalist entries (the "Finalists") in its sole discretion from among all of the eligible submissions. All submissions will be judged based on the criteria listed immediately below.

Submissions will be measured against:

Ability to increase the number of pedestrians using a space and/or usage of communal spaces during evening hours
Ability to increase the perception of safety during evening hours
Ability to reduce pedestrian injuries from pedestrian/vehicle and pedestrian/cyclist crashes during the evening hours
Readiness of technology
Ease of implementation
Cost efficiency
Ability to generate opportunities in the neighborhood
Involvement of community members in the design, implementation, operation, and evaluation of the solution

ADDITIONAL MATERIALS: The panel of judges may ask applicants to provide further specifications for proposed solutions. These specifications will be reviewed by the Sponsors. If you fail to provide requested materials, you may be disqualified.

WINNER SELECTION: ALL POTENTIAL AWARDEES ARE SUBJECT TO VERIFICATION BY SPONSORS THAT THE STATEMENTS IN THEIR SUBMISSION ARE TRUTHFUL. DECISIONS BY SPONSORS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CHALLENGE. Finalists will be notified via email on or before March 1, 2018 using the contact information provided at the time of application submission. It is entirely your responsibility to provide your updated contact information to Sponsors if your contact information changes during the Challenge Period or Judging Period. The potential awardee(s) may be interviewed and their technical submissions may need to be validated by Sponsors.

If any of the potential awardee(s) does not respond to Sponsors’ notice within the timeframe specified in the Sponsor’s notification, that potential awardee may be disqualified and the entry with the next highest score may be selected as a potential awardee in its place.

Return of any notification email as "undeliverable" or failure to fully comply with these Challenge Rules may result in disqualification. In the event of disqualification of any potential awardee, the award will be forfeited by that potential awardee and the panel of judges may select a new potential awardee from among the finalists, or sponsors may not select any awardee. Sponsors are not responsible for notifications that are misdirected, addresses that are no longer correct, or for any other reason beyond the control of the Sponsors.

THE AWARDS: On or before March 1, 2018, Sponsors will announce the selected pilots on the Challenge Webpage.

Those applicants whose solutions are chosen as winners will be asked to develop a pilot agreement with the Sponsors specific to their proposed solution. The pilot agreement will outline the terms of the financial award, which can be up to $20,000. The City reserve the right to award less than $20,000 if it determines that items in the budget submitted by applicants are not eligible for funding. Eligible items include, but are not limited to: equipment purchase and/or installation, deployment of the pilot technology, insurance, maintenance, evaluation, and user testing.

Award does not include assistance with travel costs or other expenses associated with the Challenge, if required. No substitution of award is permitted except by Sponsors. 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.

Awardee(s) are responsible for any transportation not specifically noted in these rules. Awardee(s) are 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 Challenge Rules, the award will be forfeited in its entirety and an alternate awardee(s) may 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. If awardee(s) cannot develop or implement a pilot plan acceptable to 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 award), luggage fees, souvenirs, miscellaneous hotel expenses, and gratuities, are the sole responsibility of awardee(s).

WARRANTIES: By participating in the Challenge, you represent and warrant (in addition to any representations and warranties in the accompanying Permitted Use and Disclaimers) that your submission:

is your own original work
does not violate or infringe upon the copyrights, trademarks, patent or other rights of any person or entity
does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information
does not and will not violate any applicable law, statute, ordinance, rule or regulation ; and
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 Challenge 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.

Things to Know

Participation Conditions and Release

By entering, each participant agrees to: (a) comply with and be bound by these Challenge Rules (including the accompanying Permitted Use and Disclaimers) 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 respective 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, 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; 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 participant'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. The submissions may also be featured on official social media channels operated by the City of New York.

General Conditions

In addition to the terms in the accompanying Permitted Use and Disclaimers, Sponsors may 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 they find to be tampering with the entry process or the operation of the Challenge or to be acting in violation of these Challenge 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 Challenge Rules or in the accompanying Permitted Use and Disclaimers 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, 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 is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is to provide another submission within the applicable deadline.

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 awardee(s), 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 in the New York State or federal courts in the City, County and State of New York; (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 shall include 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 Challenge 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

For Challenge results go to the challenge application page on or about March 1, 2018.