NEW YORK CITY FOSTER CARE TECHNOLOGY & POLICY HACKATHON OFFICIAL RULES
Introduction: The New York City Foster Care Technology & Policy Hackathon (“Hackathon”) is a joint initiative of the City of New York Administration for Children’s Services (“ACS”), the New York City Mayor’s Office of Technology and Innovation, and Think of Us (“Administrator”) (collectively, the “Sponsors”). The Hackathon shall bring the City of New York (“City”) hacker community (“Hackers”) together to help develop technical solutions for Foster Youth and the larger Foster Care community. Hackers will be able to register and submit an idea for solving one or more of the Hackathon Challenges (“Challenges”) identified. The Think of Us team shall evaluate the submissions and select which Hackers will be invited to come and participate in the Hackathon on-site on December 3 - 4, 2016. The goal of the Hackathon is to develop proofs of concepts of products that can help improve the lives of youth and families involved in the foster care system.
1. The Hackathon will begin at 9:00 AM Eastern Standard Time (“EST”) December 3, 2016 and end at 3:30 PM EST on December 4, 2016. 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 Hackathon to make sure that your participation is legal and to ensure that you comply with all relevant laws.
2. ELIGIBILITY: The Hackathon is open only to adults, eighteen (18) or older located in the fifty (50) United States (including the District of Columbia) at the time of entry and during all phases of the Hackathon. Employees of Sponsors, or any of their respective affiliates, subsidiaries, or any other company or individual involved with the design, production execution or distribution of the Hackathon or the immediate family (spouse, parents and step-parents, sibling and step-siblings, and children and step-children) or household member(s) (people who share the same residence at least three (3) months out of the year) of each such employee, are not eligible to participate. In order to participate, you must agree to the accompanying terms. Participation constitutes participant’s full and unconditional agreement to these Official Rules, including the accompanying Participant Agreement (“Agreement”), and Sponsors’ decisions resulting from the Agreement, which are final and binding in all matters related to the Hackathon. By participating in the Hackathon, you agree that others may use or develop the design you develop in the course of the Hackathon.
3. HACKER REGISTRATION AND SUBMISSIONS: To register as a Hacker, you must complete all forms by 11:59 PM EST on November 23, 2016. Once you have qualified and submitted all necessary documentation and your idea(s) in response to the Challenges (“Initial Submissions”), applicants will be reviewed and selected to participate. If you would like to participate as a team, each individual must submit a separate entry form and identify in an optional field a team name that all entrants previously agreed upon to identify those individuals.
4. SUBMISSION REQUIREMENTS: Submissions that violate a “Submission Requirement(s)” will not be considered. These Submission Requirement(s) apply to both Initial Submissions and “Final Submissions,” as defined in Section 7 (collectively, “Submissions”).
i. Submission(s) must be your original work and you must own all right, title and interest to the Submission and must not violate the rights of any third party;
ii. Participants must represent and warrant that they do not need to obtain the permission of, nor make any payments to anyone else, in order to grant the Sponsors and/or the City the right to use the Submission(s) developed during the Hackathon. If such permissions or payments are required, the Participant must agree to release, indemnify and hold harmless the Sponsors and/or the City from any liabilities arising out of this issue;
iii. All Submissions with technology solutions shall be open-sourced;
iv. Submissions must be in English or provided with an English-language translation;
v. Submissions must not be indecent, defamatory, in obvious bad taste, demonstrate a lack of respect for public morals or conduct or adversely affect the reputation of the Sponsors; and
vi. Submissions must not (a) be illegal under applicable laws; (b) depict hatred, threaten a specific community in the society or incite violence; (c) contain vulgar language or violence; or (d) contain pornography, obscenity or sexual activity.
5. HACKER SELECTION PERIOD: The Hacker Selection Period will begin at 9:00 AM EST on November 2, 2016, and end at 11:59 PM EST on November 23, 2016. The Administrator will select up to fifty (50) Hackers in its sole discretion from among all of the Submissions. Submissions will be judged based on the following criteria (“Judging Criteria”): (i) alignment with Challenges provided; (ii) feedback from individuals involved in the foster care system, (iii) technological coding ability to develop eighty percent (80%) or more of the proposed solution if invited to the on-site Hackathon; (iv) ability to bring all hardware (e.g., personal laptop) and software needed to participate in the Hackathon; and (v) willingness for potential engagement post-Hackathon. Judging Criteria applies to both Initial Submissions and Final Submissions.
6. VERIFICATION OF POTENTIAL HACKERS: All potential Hackers are subject to verification by Sponsors and/or Administrator whose decisions are final and binding in all matters related to the Hackathon. Hackers must continue to comply with all terms and conditions of these Official Rules even if not selected to participate in the on-site Hackathon. The Hackers selected to participate shall be selected per the criteria as provided for in Section 5 and will be notified via email on or about 11:59 PM EST on November 28, 2016. The Administrator will review selected Hackers that have similar ideas as part of their Submissions. Once the selected Hackers have been notified that they are invited to participate in the on-site Hackathon, the Administrator will communicate to those that have similar ideas and encourage them to collaborate on the development of those ideas at their option.
7. PARTICIPATION IN ON-SITE HACKATHON: At the Hackathon, Hackers and technology industry experts, foster care industry experts and youth in foster care (collectively, the “Participants”) shall collaborate to create software technology solutions and policy changes in response to the Challenges identified (“Final Submissions”). The collaborative portion of the Hackathon shall begin at 1:00 PM EST on December 3, 2016, and Participants will need to submit their Final Submissions by 12:00 PM EST on December 4, 2016.
8. SUBMISSION RIGHTS FOR PARTICIPANTS: By participating in the Hackathon, you agree that others may use or further develop your ideas, concepts, solutions, platforms and products (“Material”). As to your Submission(s) for this Hackathon, the Sponsors and/or City will maintain a non-exclusive, fully paid-up, royalty-free, worldwide license in perpetuity, without limitation, to use, modify, delete from, add to, publicly perform, publicly display, transmit, broadcast, exploit, reproduce and/or translate your Material and/or Submission. Once you enter your Submission(s), Submission(s) can be modified provided that Submission(s) continue to comply with Submission Requirement(s) and Judging Criteria. Submission(s), to the extent that they consist of any tangible materials, will not be returned to Participants. Code developed at the Hackathon will be open sourced. All proprietary code will remain proprietary. By participating in the Hackathon you must agree that the Sponsors and/or the City have access to and/or may create or have created materials and ideas which may be similar or identical to the Submission(s) in theme, idea, or other respects and agree that you will not be entitled to any compensation or other consideration because of the use by the Sponsors and/or the City of any similar or identical content which may have been independently created or come to the Sponsors and/or City from any other independent source or may be in the public domain.
9. JUDGING OF FINAL SUBMISSIONS: Participants shall present their Final Submissions to other Participants and event attendees (“Audience”). At the conclusion of the presentations, the Audience shall vote to determine the best overall Submission (“Audience Winner(s)”), utilizing the criteria as provided for in Section 5. Any prizes awarded to Audience Winner(s) shall be non-monetary and have a retail value of zero dollars ($0.00).
10. ENTRY 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 Administrator, which are binding and final in all matters relating to this Hackathon; and (b) release, discharge, and agree to hold harmless the Sponsors and the City, and their respective administrators, legal representatives, officers, directors, employees, subsidiaries, affiliates, divisions, parents, predecessors, successors and assigns, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Hackathon, and all of their respective officers, directors, employees, agents and representatives (“Released Parties”) from and against any and all claims and demands (even if the allegations of the lawsuit are without merit), 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 entry, creation of an entry or submission of an entry, participation in the Hackathon, and/or the broadcast, transmission, performance, exploitation or use of entry; (c) indemnify, defend and hold harmless the Sponsors and the City from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to a Participant’s participation in the Hackathon; and (d) participate as volunteers, without expectation or promise of, and with the knowledge and understanding that he or she is disqualified from, any future paid employment by the Sponsors and/or the City, or any entity with which they are affiliated.
11. OWNERSHIP OF SUBMISSIONS: Each Participant shall retain all ownership rights to their Submission(s) except for the limited rights granted to the Sponsors and/or the City in Section 8 above.
12. PUBLICITY: Except where prohibited, participation in the Hackathon constitutes Participant’s consent to the Sponsors’ and/or the City’s and their agents’ use of Participant’s name, photograph, likeness, statements, biographical information, voice, and address (city, state and country), and project name, company summary and product or service description and any other information that you have provided in connection with the Hackathon on a worldwide basis and in all forms of media, in perpetuity and without payment or further consideration in connection with the Hackathon.
13. GENERAL CONDITIONS: Sponsors reserve the right to cancel, suspend and/or modify the Hackathon, 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 Hackathon, as determined by Sponsors in their sole discretion. Sponsors reserve the right in their sole discretion to disqualify any Participant they find to be tampering with the entry process or the operation of the Hackathon 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 Hackathon 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 votes, including those secured through payment, votes achieved 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.
14. 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 Hackathon, (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 Hackathon; (4) technical or human error which may occur in the administration of the Hackathon. If for any reason a Participant’s Submission(s) is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is to provide another Submission on or before November 23, 2016.
15. DISPUTES: Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Hackathon other than those concerning the administration of the Hackathon or the determination of winners, shall be resolved individually, without resort to any form of class action; (2) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participants and/or Sponsors in connection with the Hackathon, shall be governed by, and construed in accordance with the laws of the State of New York and City 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 and City 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 Hackathon, but in no event attorneys’ fees; and (4) under no circumstances will Participant be permitted to obtain awards for, and Participant 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.
17. SPONSORS AND ADMINISTRATOR: City of New York Administration for Children’s Services, Sponsor, with offices at 150 William Street, New York, New York 10038. New York City Mayor’s Office of Technology and Innovation, Sponsor, with offices at 15 MetroTech, Brooklyn, New York 11201. Think of Us, Sponsor and Administrator, with offices at 913 W. Grace Street, Richmond, Virginia 23220.
NEW YORK CITY FOSTER CARE TECHNOLOGY & POLICY HACKATHON OFFICIAL RULES