Rules

OFFICIAL RULES OF THE MOUNTAIN VIEW, CALIFORNIA APPS CHALLENGE

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

Introduction

The Mountain View Apps Challenge (the Apps Challenge) is staged by the City of Mountain View, California (the Administrator) to help launch an awesome smartphone app that will serve the community of Mountain View. The Apps Challenge requires an entrant to submit an idea that will facilitate one or more innovative ways for members of the community and local government representatives and services providers to engage with each other. The focus of the Apps Challenge is purposefully broad in scope in order to encourage a wide and varied ‘range of solutions’ perspectives. Individuals and teams with diverse skills are encouraged to enter. Initially, each entrant must demonstrate an ability to communicate an idea in a generally clear and convincing manner. However, each entrant who is named a finalist will be required to describe and demonstrate their idea as a working application prototype in substantially greater detail.

The goals of the Apps Challenge are threefold: (1) stimulate the development of software applications that can improve civic engagement; (2) encourage innovation and the creation of new intellectual property with commercial potential by individuals, ‘startups’, and small associations, entities and organizations; and (3) help leverage technology to solve an important city challenge.

Visit www.mountainview.gov/AppsChallenge to submit your App proposal entry.

An entry will be judged by the following four criteria: (1) potential positive impact on Mountain View residents, visitors and businesses; (2) novelty of the idea (including user experience and design); (3) quality of the idea (including creativity and originality); and (4) potential commercial viability.

1. Can I Participate?

The Apps Challenge is open only to: (1) any individuals, 14 or older, who legally resides in the fifty (50) United States and the District of Columbia; and (2) associations, entities or organizations that are domiciled, formed, incorporated or organized in the United States or the District of Columbia at the time of submission of an entry, and employ fewer than twenty-five (25) full-time employees at the time of submission of entry. Any entry submitted by a team, association, entity or organizations must meet the eligibility requirements for an individual entrant.

This Apps Challenge is void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions, and where this Apps Challenge competition or participation therein, is prohibited by law.

  1. An entrant, who is an employee of the Administrator, the Sponsor or the judges’ panel, must disclose the relationship between the entrant and the Administrator, the Sponsors, or the judges’ panel before the entrant may post an entry.
  2. An entrant, who is a minor, must identify the minority status of the entrant, upon the submission of an entry, and provide a parent’s or a legal guardian’s consent to the minor’s participation in the Apps Challenge with the entry.
  3. No entry shall propose a software application that has been made publicly available. Any such entry will be deemed ineligible for consideration under the Apps Challenge competition.
  4. No association, entity or organization with more than twenty-five (25) full-time employees as of the Apps Challenge’s start date (May 1,2015) will be permitted to submit an entry in the Apps Challenge competition. Any such entry will be deemed ineligible for consideration under the Apps Challenge.
  5. Each entrant and finalist must be available to attend in-person all events in Mountain View, CA. A failure to attend in-person will be grounds for disqualification of the entry.
  6. The Apps Challenge is subject to all applicable federal, state and local laws and regulations. By submission of an entry, an entrant does fully and unconditionally agrees to these Official Rules and the Administrator’s decisions, which are final and binding on all matters related thereto. The awarding of a prize is contingent upon the entrant’s compliance with these Official Rules.

2. When Do I Enter?

Between May 1, 2015 and June 1, 2015 (the “Competition Submission Period”). The Administrator’s computer is the official timekeeping device for this Apps Challenge.

3. How Do I Enter?

A. Entry is FREE:

During the call for entries, submit any and all entries at http://www.mountainview.gov/appschallenge.

B. Online Requirements:

Each entrant will provide detailed application information as part of the submission of an entry.

After the Competition Submission Period has concluded on June 1, 2015, no entry will be permitted to be modified in any way until after the initial judging of all entries has been conducted.

C. Submission of entries requirements are, as follows:

  1. An entry must consist of a proposal for an original software application that runs on the Web, a personal computer, a mobile handheld device, SMS, or any software platform broadly available to the public.
  2. An entry must contain an application that functions as provided in the text description.
  3. An entry must be made available to the public for use without charge for at least one (1) year after August 14, 2015, or the actual date on which the Apps Challenge has concluded, whichever occurs5later.
  4. An entry must be submitted in English.
  5. An entry must not be indecent, defamatory, in obvious bad taste, demonstrate a lack of respect for public morals or conduct or adversely affects the reputation of the Sponsors.
  6. An entry must not: (a) be illegal under applicable laws; (b) depict hatred, defame, threaten a specific community in the society or incite violence; (c) contain vulgar language or violence; or (d) be considered pornography, obscenity or sexual activity.
  7. An entry must: (a) be an original application; b) be solely owned by the entrant, so  that no other party has or can validly claim any right, title or interest, whether known or unknown in the application; and (c) not violate the intellectual property, common law or privacy rights of any other party. An entrant may contract with a third party to assist with the creation of the entry, provided the entrant is the sole owner of all intellectual property in the entry, consisting of the software application.

D. Submission Rights for Entrants:

Each entrant represents and warrants that the entrant owns the intellectual property rights to the software application.

4. Display of Submissions

Summary of finalist entries will be featured on the website: http://www.mountainview.gov/appschallenge.

5. Winner Selection and Judging Criteria

Entries will initially be screened by a small group of Mountain View community members, who are selected by the Administrator (the “judges’ panel”). A number of finalists will be selected; only three of the finalists will be selected as winners.  Winners may be selected by a public audience popular vote, as determined by the Administrator.

The Administrator reserves the right to substitute or modify the judges’ panel at any time for any reason. A judge may withdraw without advance notice in the event of extenuating circumstances beyond the judge’s control. The judges will be fair and impartial. Thus, a judge may elect to not judge an entry, if in the judge’s sole discretion the judge is required to review an entry of an individual, association, entity or organization, with whom the judge has a close relationship or is otherwise associated. An entry will not be adjudged at a disadvantage if a judge recuses himself or herself on account of that close relationship or association.

Mountain View Apps Challenge Criteria

  1. Winners will be selected from the finalists, who are identified and announced on August 14, 2015
  2. Potential commercial viability
  3. Potential positive impact on City of Mountain View residents, visitors, and businesses
  4. Novelty of the Idea (including user experience and design)
  5. Quality of the Idea (including creativity and originality)

6. Verification of Potential Winners

ALL POTENTIAL APPS CHALLENGE WINNERS ARE SUBJECT TO VERIFICATION BY THE ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE APPS CHALLENGE. Potential winners must continue to comply with all terms and conditions of these Official Rules. The potential winners will be notified on or about August 14, 2015. The winners will be required to sign and return to the Administrator, within ten (10) business days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable.

If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of an Apps Challenge prize is disqualified for any reason, an alternate entrant, who receives the highest score of the remaining eligible entrants, will be declared a winner. If a winner is a minor in accordance with the laws of his or her state of residence, at the Sponsors’ sole option, the prize will be awarded to the minor’s parent or legal guardian on behalf of the winner, or, if permitted by applicable law, awarded to the minor directly, provided the minor’s parent or guardian ratifies and signs the affidavit of eligibility, and liability/publicity release.

7. What Can I Win?

FIRST PRIZE: $2,000

SECOND PRIZE: $1,000

THIRD PRIZE:  $500

For all Prizes: Winners-entrants are responsible for payment of all taxes and fees associated with prize receipt and/or use. Each prize check will be mailed to the winner’s address within 60 days of receipt of the signed affidavit(s) of eligibility and liability/publicity release(s) form(s). If a team of individuals, an association, entity or organization is selected as a prize winner, the prize will be awarded to the association entity or organization, which will determine the ultimate disposition of the prize.

8. Other Things to Know

Entry Conditions and Release

By entering the Apps Challenge, each entrant agrees to accept and abide by the following terms and conditions and release:

(1) Each entrant agrees to comply with and be bound by these Official Rules and the decisions of the judges’ panel are binding and final in all matters relating to the Apps Challenge.

(2) Each entrant also agrees to release and hold harmless the Sponsors, the Administrator, and their respective representatives, affiliates, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Apps Challenge, and all of their respective past and present officials, officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability. These claims, expenses, and liability include, but are 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 an entrant’s submission, creation of an entry, or submission of an entry, participation in the Apps Challenge, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of entry.

(3) Each entrant also agrees to indemnify, defend and hold harmless the Sponsors and the Administrator from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Apps Challenge and/or the entrant’s acceptance, use or misuse of the prize.

Publicity

Except where prohibited, participation in the Apps Challenge constitutes the winners’ consents to the Sponsors’, the Administrator’s and their agents’ use of the winners’ names, likenesses, photographs, voices, opinions, hometowns and states; application screenshots, application videos, application descriptions and commentaries for promotional purposes in any media, worldwide, without further payment or consideration.

General Conditions

The Sponsors and the Administrator reserve the right to cancel, suspend and/or modify the Apps Challenge, or any part of it, if any fraud, technical failures or any other factor beyond the Sponsors’ and/or the Administrator’s reasonable control impairs the integrity or proper functioning of the Apps Challenge, as determined by the Sponsors and/or the Administrator, acting in the exercise of their sole discretion. The Sponsors and/or the Administrator reserve the right in their sole discretion to disqualify any entrant found to be tampering with the entry process or the operation of the Apps 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 Apps Challenge may be a violation of criminal and civil law, and, should such an attempt be made, The Sponsors and/or the Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsors and/or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Apps 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 Apps Challenge; (4) technical or human error which may occur in the administration of the Apps Challenge or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Apps Challenge or receipt or use or misuse of any prize.

Any attempt by any person to deliberately undermine the legitimate operation of the Apps Challenge may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsors and/or the Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsors and/or the Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Disputes

Each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Apps Challenge, or any prizes awarded, other than those concerning the administration of the Apps Challenge or the determination of winners, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with this Apps Challenge, or any prizes awarded, shall be resolved exclusively by the United States District Court or the Superior Courts of the County of Santa Clara, California; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Apps Challenge, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, the Sponsors, and the Administrator in connection with the Apps Challenge, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

Competition Results

Results will be posted at www.mountainview.gov/appschallenge on or about August 14, 2015.

Sponsors and Administrator

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