1. SPONSOR & ADMINISTRATOR
Sponsors (the “Sponsors”): Vencore, Inc. (“Vencore”) and International Business Machines Corporation (“IBM”).
The Sponsors are responsible for the Application Challenge.
Administrator (the “Administrator”): Vencore
2. DATES AND TIMING
Application Challenge Submission Period: November 16 through December 14, 2015
Application Challenge Registration Deadline: December 11th, 2015 by noon EST.
Winners Announced: On or around December 18, 2015
A. The Application Challenge is open to:
Organizations (including universities, corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that exist and have been organized or incorporated at the time of entry (the above are collectively, “Providers”).
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 Application Challenge on an individual basis.
If a team or organization is entering the Application Challenge, it must appoint and authorize one individual (the “Representative”) to represent, act, and enter a Submission, on the team’s or organization’s behalf. The Representative must meet the eligibility requirements above. By entering a Submission on the IDEAS Application Ecosystem on behalf of a team or organization, you represent and warrant that you are the Representative, and are duly authorized to act on behalf of your team or organization. Awards will be delivered to the Representative for distribution to the team.
B. The Application Challenge IS NOT open to:
* The members of an individual’s immediate family include the individual’s spouse, children and stepchildren, parents and stepparents, and siblings and stepsiblings. The members of an individual’s household include any other person that shares the same residence as the individual for at least three (3) months out of the year.
** Agents include individuals or organizations acting on behalf of, and at the direction of, a Promotion Entity through a contractual or other relationship.
*** A Government Owned Entity (“GOE”) is defined as an organization/individual who meets any of the following criteria: Governmental bodies and employees - national, state, provincial, local, municipal government - and any department, agency, public enterprise or instrumentality of a government; State owned hospitals, schools, utilities; State owned enterprises (whether wholly or partly owned); Public international organizations; Private companies controlled fully or partly by or under common control with any of the above; a political party or party official, or any candidate for political office. GOE also includes GOE customers who may consist of: public schools, utilities and organizations licensed to provide public services; public international organizations, such as the United Nations or World Health Organization; entities subject to public procurement laws and regulations; other entities, even those that are privately held and those that are publicly traded, if a government, a public international organization, an entity subject to public procurement laws or a government official, owns or has the ability to exercise control over such entity; and U.S. Federal Clients, including: (i) executive, legislative and judicial branches of the U.S. Federal government, (ii) U.S. Government-affiliated corporations (e.g., Tennessee Valley Authority), (iii) quasi-governmental organizations (e.g., The Smithsonian Institution), (iv) commercial business enterprises operating under a U.S. Federal government power of attorney, or with Management Operating Contractor (MOC) status.
**** An affiliate is: (a) an organization that is under common control, sharing a common majority or controlling owner, or common management; or (b) an organization that owns equity in, or is partially owned by the other organization.
4. SUBMISSION REQUIREMENTS
Providers must do the following to participate in the Application Challenge:
A. Language Requirements
All Submission materials must be in English.
B. Application Requirements
(i) What to Create: Providers must create a working software application that focuses on providing a solution to a First Responder unmet need and uses one or more IDEAS/Bluemix services (each an “Application”).
(ii) Unmet Needs: Providers must select at least one unmet need and develop a solution related to the need.
(iii) Functionality: The Application must be capable of being successfully installed and run on the IDEAS platform and/or a mobile device, and must function as described in the solution description (described in Section 4). Installation requirements are provided during the Challenge Registration process.
(iv) Platforms: A submitted Application must run within the IDEAS Platform and on at least one of the following:
(v) New & Existing Applications: Applications must be newly created by the Provider after the start of the Application Challenge Submission Period or, if the Application existed prior to the start of the Application Challenge Submission Period, the Provider must have improved the solution to tailor to the unmet need, and integrated IDEAS/Bluemix services after the start of the Application Challenge Submission Period.
(vi) Evaluation: The Provider must make the Application available free of charge through IDEAS and without any restriction, for evaluation and use by the Sponsor, Administrator and judges during the Application Challenge and until the Judging Period ends. The Application must also be made available on the IDEAS Marketspace at no charge for a minimum of 90 days beyond the Application Challenge period for evaluation by first responders and/or their representatives.
If the Application includes software that runs on proprietary or third party hardware that is not widely available to the public, including software running on devices or wearable technology other than smartphones, tablets, or desktop computers, the Sponsor and/or Administrator reserve the right, at their sole discretion, to require the Provider to provide physical access to the Application hardware upon request.
(vii) Public Distribution:The Provider is encouraged to make the Application available to the first responder community after the Application Challenge Submission Period, but is not required to do so.
(viii) Multiple Submissions: A Provider may submit more than one Submission, however, each Submission must be unique and substantially different from the others, as determined by the Sponsor and/or the Administrator.
(ix) SDKs, APIs, & Data: Applications may integrate SDKs, APIs and data, provided the Provider is authorized to use them.
(x) Intellectual Property: Your Submission must: (a) be your (or your team or Organization’s) original work product; (b) be solely owned by you, your team, or your Organization 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 Provider may contract with a third party for technical assistance to create the Submission provided the Submission components are solely the Provider’s work product and the result of the Provider’s ideas and creativity, and the Provider owns all rights to them. A Provider may submit a Submission that includes the use of open source software or hardware, provided the Provider complies with applicable open source licenses and, as part of the Submission, creates software that enhances and builds upon the features and functionality included in the underlying open source product. By entering the Application Challenge you represent, warrant, and agree that your Submission meets these requirements.
(xi) Financial or Preferential Support: An Application must not have been developed, or derived from an application developed, with financial or preferential support from the Sponsor or Administrator. Such Applications include, but are not limited to, those that received funding or investment for their development, were developed under contract, or received a commercial license from the Sponsor or Administrator any time prior to the end of the Application Challenge Submission Period. The Sponsors, at their sole discretion, may disqualify an Application if awarding a prize to the Application would create a real or apparent conflict of interest.
5. SUBMISSION RIGHTS
A. Provider Rights: Subject to the licenses described below, any applicable intellectual property rights to a Submission will remain with the Provider.
B. Sponsor Rights: By entering the Application Challenge, you grant to the Sponsor, Administrator, and any other third parties acting on the Sponsor’s behalf, a royalty-free, non-exclusive, worldwide perpetual license to display publicly and use for promotional purposes the Submission, in perpetuity. This license includes, but is not limited to, posting or linking to the Submission on Sponsor’s, Administrator’s, and partners’ websites and applications, including the Application Challenge Website, and display and promotion of the Submission in any other media.
C. Submission Display: The following Submission components may be displayed to the public: name, description, images, video URL, website URL, team members (username only), the Submission category (unmet need) and platform, and submitter type. Other Submission materials may be viewed by the Sponsor, Administrator, and Judges for screening and evaluation.
Providers represent and warrant that the Sponsor, Administrator, and Application Challenge partners are free to use Providers’ Submission in the manner described above, as provided or as modified by Administrator, without obtaining permission or license from any third party and without any compensation to Providers.
6. JUDGING CRITERIA
A. Criteria: Eligible Submissions will be evaluated by a panel of judges selected by the Sponsor (the “Judges”), and scored using the following equally weighted criteria (the “Judging Criteria”):
(i) Quality of Solution (Includes creativity, originality, and “wow” factor of the idea);
(ii) Implementation of Solution (Includes how well the idea was executed by the team)
(iii) Potential Impact (Includes the relevance and potential impact of the Application on the intended target person group or category).
(iv) Completeness of the Application (Includes the extent to which the Application is relevant, complete, and functioning).
The Judging Criteria above may not apply to every Prize. See section 8 below for the Judging Criteria that apply for each Prize. The Provider(s) that are eligible for a Prize, and whose Submissions earn the highest overall scores based on the applicable Judging Criteria, will become potential winners of that Prize.
B. Tie Breaker: For each Prize listed in Section 8 below, if two or more Submissions are tied, the tied Submission with the highest score in the first applicable criterion listed above will be considered the higher scoring Submission. In the event any ties remain, this process will be repeated, as needed, by comparing the tied Submissions’ scores on the next applicable criterion. If two or more Submissions are tied on all applicable criteria, the panel of Judges will vote on the tied Submissions.
7. VERIFICATION OF POTENTIAL WINNERS
A. Verification Requirement: THE AWARD OF A PRIZE TO A POTENTIAL WINNER IS SUBJECT TO VERIFICATION OF THE IDENTITY, Eligibility, QUALIFICATIONS AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE SUBMISSION. The final decision to designate a winner shall be made by the Sponsor and/or Administrator.
B. Required Forms: Potential winners will be notified using the email address associated with the Challenge Registration used to enter the Challenge (the submitter is the “Representative” in the case of a team, Organization, or Large Organization). In order to receive a Prize, the potential winner (including all participating team members in the case of a team or Organization) will be required to sign and return to the Sponsor or Administrator, declaration(s) of eligibility (or a similar verification document) and liability/publicity release(s), and any applicable tax forms (“Required Forms”).
Deadline for Returning Required Forms: ten (10) business days after the Required Forms are sent.
C. Disqualification: The Sponsor and/or Administrator may deem a potential winner (or participating team members) ineligible to win if:
(i) The potential winner’s Representative or any participating member does not respond to multiple emails or fails to sign and return the Required Forms by the deadline listed above, or responds and rejects the Prize;
(ii) The Prize or Prize notification is returned as undeliverable; or
(iii) The Submission or the potential winner, or any member of a potential winner’s team, Organization, or Large Organization, is ineligible for any other reason.
In the event of a disqualification, the Sponsor and/or Administrator may award the applicable Prize to an alternate potential winner.
8. PRIZE DISTRIBUTION
A. Substitutions & Changes: The Sponsor has the right to make a Prize substitution of equivalent or greater value. The Sponsor will not award a Prize if there are no eligible Submissions entered in the Application Challenge, or if there are no eligible Providers or Submissions for a specific Prize.
B. Prize Delivery: Prizes will be mailed to the winning Provider’s address (if an individual) or the Representative’s address (if a team or Organization) after receipt of the Required Forms. Prizes will be payable to the Provider, if an individual, to the Provider’s Representative, if a team, or to the Organization, if the Provider is an Organization. It will be the responsibility of the winning Provider’s Representative to allocate the Prize among their team’s members, as the Representative deems appropriate.
C. Prize Delivery Timeframe: Within 45 days of the Sponsor or Administrator’s receipt of the Required Forms
D. Taxes: Winners (and in the case of team or Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9. The Sponsor, Administrator, and/or Prize provider reserve the right to withhold a portion of the prize amount to comply with the tax laws of the United States or other Sponsor jurisdiction, or those of a winner’s jurisdiction.
9. ENTRY CONDITIONS AND RELEASE
A. By entering the Application Challenge, you (and, if you are entering on behalf of a team or Organization, each participating members) agree(s) to the following:
(i) The relationship between you, the Provider, and the Sponsor and Administrator is not a confidential, fiduciary, or other special relationship.
(ii) You will be bound by and comply with these Official Rules and the decisions of the Sponsor, Administrator, and/or the Application Challenge Judges which are binding and final in all matters relating to the Application Challenge.
(iii) You release, indemnify, defend and hold harmless the Sponsor, Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Application Challenge, 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 Provider’s entry, creation of Submission or entry of a Submission, participation in the Application Challenge, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules.
B. Without limiting the foregoing, the Released Parties shall have no liability in connection with:
(i) Any incorrect or inaccurate information whether caused by the Sponsor or Administrator’s electronic or printing error or by any of the equipment or programming associated with or utilized in the Application Challenge;
(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 IDEAS Application Ecosystem.
(iii) Unauthorized human intervention in any part of the entry process or the Application Challenge;
(iv) Technical or human error which may occur in the administration of the Application Challenge 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 Provider’s participation in the Application Challenge or receipt or use or misuse of any Prize.
The Released Parties are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Providers. Proof of sending or submitting will not be deemed to be proof of receipt by the Sponsor or Administrator.
If for any reason any Provider’s Submission is determined to have not been received or been erroneously deleted, late, lost, or otherwise destroyed or corrupted, the Provider’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Provider knows or should have known there was a problem, and will be determined at the sole discretion of the Sponsor.
By participating in the Application Challenge you consent to the use of personal information about you, if you are a winner, by the Sponsor, Administrator, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes.
The duration of your consent is for a period of three years following the conclusion of the Application Challenge. This consent applies, as applicable, to all members a Provider’s team or Organization that participated in the winning Submission.
11. GENERAL CONDITIONS
A. Sponsor and Administrator reserve the right, in their sole discretion, to cancel, suspend and/or modify the Application Challenge, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.
B. Sponsor and Administrator reserve the right in their sole discretion to disqualify any individual or Provider it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Application Challenge or to be acting in violation of these Terms and Conditions or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Application Challenge, or a violation of any applicable law or regulation.
C. Any attempt by any person to undermine the proper conduct of the Application Challenge may be a violation of criminal and civil law. Should Sponsor or Administrator suspect that such an attempt has been made or is threatened, they reserve the right to take appropriate action including but not limited to requiring a Provider to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
D. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Application Challenge materials, including but not limited to the Application Challenge Submission form, Application Challenge Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Terms and Conditions shall prevail.
E. The Terms and Conditions are subject to change at any time, including the rights or obligations of the Provider, the Sponsor and the Administrator. The Sponsor and Administrator will post the terms and conditions on the Application Challenge Website. To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Terms and Conditions or, if no time is specified, the time of posting.
F. If at any time prior to the deadline, a Provider or prospective Provider believes that any Terms and Conditions are or may be unclear or ambiguous; they must submit a written request for clarification.
G. The Sponsor or Administrator’s failure to enforce any of these Terms and Conditions shall not constitute a waiver of that provision. Should any provision of these Terms and Conditions be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Provider, such illegality or unenforceability shall leave the remainder of these Terms and Conditions, including the Rule affected, to the fullest extent permitted by law, 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.
H. Excluding Submissions, all intellectual property related to this Application Challenge, including but not limited to copyrighted material, 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 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. Any use in a Submission of Sponsor or Administrator intellectual property shall be solely to the extent provided for in these Terms and Conditions
12. LIMITATIONS OF LIABILITY
THE SPONSORS (AND EACH OF THEM) WILL NOT BE RESPONSIBLE FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE OR OTHER FINANCIAL LOSSES ARISING AS A CONSEQUENCE OF AN ENTRANT’S PARTICIPATION IN THE APPLICATION CHALLENGE, AND BY SUBMITTING AN APPLICATION TO THE APPLICATION CHALLENGE, EACH ENTRANT (AND EACH PARTICIPANT IN A TEAM OR ORGANIZATION ENTRY) RELEASES THE SPONSORS (AND EACH OF THEM) FROM ANY SUCH LIABILITY, TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
A. Providers agree that, to the fullest extent permitted by law:
(i) Any and all disputes, claims and causes of action arising out of or connected with this Application Challenge, or any Prizes awarded, other than those concerning the administration of the Application Challenge or the determination of winners, shall be resolved individually, without resort to any form of class action;
(ii) Any and all disputes, claims and causes of action arising out of or connected with this Application Challenge or any Prizes awarded, shall be resolved exclusively by the United States District Court situated in the Eastern District of Virginia or the appropriate Virginia State Court in Fairfax County, and Providers consent to the exclusive jurisdiction and venue of such courts
B. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Providers and the Sponsor in connection with the Application Challenge, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia.
14. ADDITIONAL TERMS THAT ARE PART OF THE OFFICIAL RULES
Please review the IBM Bluemix Terms of Service at https://www.ng.bluemix.net/docs/?cm_mc_uid=45930955453414434471181&cm_mc_sid_50200000=1444740333#navigation/notices.html for additional rules that apply to your participation in the Application Challenge and more generally your use of the Bluemix services. Such Terms of Service are incorporated by reference into these Terms and Conditions. If there is a conflict between the Terms of Service and these Terms and Conditions, the latter terms shall control with respect to this Application Challenge only.
Participation in the Application Challenge constitutes Provider’s full and unconditional agreement to these Official Rules. By entering, a Provider agrees that all decisions related to the Application Challenge that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of the Sponsor and/or Administrator.
15. APPLICATION CHALLENGE RESULTS
Application Challenge winners will be posted on the Application Challenge Website on or about December 18, 2015.
If you have any questions or comment, or wish to send us any notice regarding this Application Challenge, please email us at email@example.com
REGISTRATION HAS CLOSED, THANK YOU FOR YOUR INTEREST.