Competition Terms and Conditions
The COA Open Data Challenge (or "competition") is an initiative of the City of Albuquerque ("COA"). The Competition is intended to provide recognition to individuals, teams of individuals, corporations, and nonprofit organizations (collectively, "Contestants") for developing creative mobile applications that enhance and foster innovation in the community. The goal of the Competition is to motivate local entrepreneurs, software developers, the public, and students to encourage and facilitate the development and use of mobile apps. This challenge is administered by the COA for the purpose of encouraging innovation through use of the City’s open data and datasets.
Any elements of the competition described in the "details" section of this competition posting on http://cabq.gov/abq-data/apps-competition-1 are wholly incorporated as part of the rules of this contest.
The Competition is open only to: (1) residents of the City of Albuquerque who are at least thirteen (13) years old at the time of entry (or teams of eligible individuals); or (2) Students attending an education institution located within the City limits and recognized by either the New Mexico Public Education Department or the New Mexico Higher Education Department.
Individuals submitting on behalf of corporations, nonprofits or groups of individuals (such as an academic class or other team) must meet the eligibility requirements for individual contestants; however each individual team member need not meet every criteria. An individual may join more than one team, corporation, or nonprofit organization.
The following individuals are excluded from this contest:The following individuals are excluded from this contest:
- Employees of the COA, and each employee's spouse, domestic partner, children and step-children
- Current City Contractors
The Competition is subject to all applicable state and federal laws and regulations. Participation constitutes Contestant's full and unconditional agreement to these Official Rules and administrative decisions, which are final and binding in all matters related to the Competition. Eligibility for a prize award is contingent upon fulfilling all requirements set forth herein.
Competition Submission Period
The Competition Submission Period begins on Aug. 24, 2012 at 2 p.m. Mountain Daylight Time ("MDT") and ends on Dec. 3, 2012 at 5 p.m., Mountain Daylight Time ("MDT") (the "Competition Submission Period"). Administrator's computer, set to Mountain Time, is the official time-keeping device for this Competition.
How to Enter and Submission Requirements
Registration: During the Competition Submission Period, visit http://cabq.gov/abq-data/apps-competition-1 and register using the registration form. Registration is free.
- Any entrant who submits a software tool must also make the code for the tool as submitted available under an open-source license.
- Any non-personally identifiable data gathered by a software tool must be made available to members of the public upon request.
- Submissions may be written for a mobile handheld device, console, or any platform broadly accessible to the open Internet.
- Submissions must be made available free of charge to the public throughout the Competition and for one year after the announcement of winners.
- A Submission may be disqualified if it does not function as expressed in the description.
- Once a Submission is made, the Contestant cannot make any changes or alterations to the Submission until the judging is complete. Judging will be completed in mid-December 2012.
- The Submission must make use of at least one (1) dataset provided by the City and listed at www.cabq.gov/abq-data/.
Submission Rights: Each Contestant grants to the COA and others acting on behalf of the COA, a royalty-free non-exclusive worldwide license to use, copy for use, perform publicly, and display publicly, for the purpose of the Competition until one year after the announcement of winners. This license includes posting or linking to the Submission on the official COA website and making it available for use by the public.
Judges and Winner Selection
Submissions will judged by a qualified panel selected by the COA at its sole discretion. The panel will judge the Submission on the judging criteria identified in the challenge summary in order to select winners in each category. The Judging panel will be finalized by Dec. 3, 2012. Judges have the right to withdraw without advance notice in the event of circumstances beyond their control.
Verification of Potential Winners
All decisions by the COA are final and binding in all matters related to the competition.
Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winners will be notified by email, telephone, or mail after the date of the judging. The potential winners, or the winner’s parent/guardian if winner is under 18 years of age, will be required to sign and return to Sponsor, within ten (10) days of the date notice is sent, an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) in order to claim any recognition. In the event that a potential winner of a Competition recognition is disqualified for any reason, Sponsor may award the applicable recognition to an alternate winner who had the next best ranking of the eligible entries.
Winners and Recognition
Following the announcement of the awards, winners will be honored at an Open Data Forum in Albuquerque, NM. Competition judges, members of the COA staff, media representatives, and other guests will be invited to attend as well.
Entry Conditions & Release
By entering, each Contestant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the COA and/or the Competition judges which are binding and final in all matters relating to this Competition; (b) release and hold harmless the COA 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 (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 Contestant’s entry, creation of an entry or submission of an entry, participation in the Competition, 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; and (c) indemnify, defend and hold harmless the COA against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to a Contestant's participation in the Competition and/or Contestant's acceptance, use or misuse of a prize or recognition.
Except where prohibited, participation in the Competition constitutes winners' consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
The COA reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor beyond the COA’s reasonable control impairs the integrity or proper functioning of the Competition as determined by the COA in its sole discretion. The COA reserves the right in its sole discretion to disqualify any individual or Competitor it finds to be tampering with the entry process or the operation of the Competition 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 Competition may be a violation of criminal and civil law, and, should such an attempt be made, the COA reserves the right to seek damages from any such person to the fullest extent permitted by law. The COA’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The City will distribute prize money equally amongst team members in the event that a winning submission has one or more team members.
Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestants, printing errors or by any of the equipment or programming associated with or utilized in the Competition; (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 Competition; (4) technical or human error which may occur in the administration of the Competition 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 Contestant's participation in the Competition or receipt or use or misuse of any prize. If for any reason a Contestant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Contestant's sole remedy is another entry in the Competition. No more than the stated number of prizes will be awarded.
Contestant warrants that he or she is the sole author and owner of the Submission, and that the Submission is wholly original with the Contestant (or is an improved version of an existing app that the submitter has sufficient rights to use – including the substantial improvement of existing open-source apps) that it does not infringe any copyright or any other rights of any third party of which Contestants is aware, and is free of malware
If you choose to provide the Sponsor and Administrator with personal information by registering or filling out the submission form through the website, that information is used to respond to you in matters regarding your submission and/or the Competition only― unless you choose to receive updates or notifications about other competitions from the Administrator on an opt-in basis. Information is not collected for commercial marketing.