HackSummerStage App Challenge  Official Rules

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

Introduction

The HackSummerStage App Challenge (the “Competition”) is an initiative of City Parks Foundation (the "Sponsor") the producer of the SummerStage Performing Arts Festival in New York City. The Competition is intended to provide recognition to individuals, teams of individuals, corporations and nonprofit organizations (collectively, “Contestants”) for developing innovative software applications that utilize the SummerStage Application Programming Interface (“API”). The goal of the Competition is twofold: (1) increase fan engagement and help fans get the most from their SummerStage experience before, during and/or after the festival; and (2) raise awareness of SummerStage among software developers and the general public. The Competition is administered by City Parks Foundation (the "Administrator").

Summary* of How to Enter and Judging Criteria

1. Create an account on, or log in with, an existing ChallengePost account.
2. On www.hacksummerstage.com click the "Register" button to register your interest in participating. This step ensures that you will receive important challenge updates.
3. Get a SummerStage API key from UPlanMe, Inc. by clicking here.
4. Create a working software application that utilizes the SummerStage API
5. Complete all of the required fields on the submission form and submit your Application by including a title; a text description of your Application; at least one screenshot or image of the Application; a link to a video demonstration of the Application on YouTube.com or Vimeo.com; and a link to website where your Application can be accessed or downloaded (collectively, the “Submission”).
6. To determine the Grand Prize winner, submissions will be judged on the following three criteria: (1) Quality of the Idea (elements of creativity and originality specifically applied to SummerStage); (2) User Experience (including design, ease of use and visual appeal); (3) Impact (potential impact on the festival experience of SummerStage attendees).The Popular Choice Award will be determined by public voting.

*Review the sections below for a more detailed description and important requirements and restrictions.

1. Sponsor and Administrator

Sponsor: City Parks Foundation, 830 5th Avenue, Room 280, New York, New York, 10065

Administrator: City Parks Foundation, 830 5th Avenue, Room 280, New York, New York, 10065

2. Eligibility

A. The Competition is open only to:

(i) legal residents of the fifty (50) United States (including the District of Columbia) and Canada (excluding Quebec), who are the age of majority in their respective jurisdiction at the time of entry;

(ii) teams of eligible individuals where each team member meets the eligibility requirements for individual Contestants; and

(iii) corporations or organizations that are domiciled in the (50) United States (including the District of Columbia) and Canada (excluding Quebec), and incorporated at the time of entry (an “Organization”).

Individuals may form teams (comprised solely of individuals) to enter the Competition, provided that each member of a team is independently eligible in accordance with these eligibility requirements. Individuals entering a Submission on behalf of a team or Organization must meet the eligibility requirements for individual Contestants and must be duly authorized to submit on behalf of the team or Organization. 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 Competition on an individual basis.

Each team or Organization shall appoint one individual (the “Representative”) to represent and act, including entering a Submission, on behalf of said team or Organization. The Representative represents and warrants that (i) he/she is duly authorized to act on behalf of the team or Organization; and that (ii) each member of the team (or in the case of Organization, each participating member) has read the Official Rules and agrees to abide by these Official Rules. The Representative will ensure that each member of the team or Organization shall comply with the Official Rules.

B. The following individuals and entities are not eligible, regardless of whether they meet the criteria set forth above:

(i) the Sponsor, the Administrator and any advertising agency, contractor or other company involved with the design, production, promotion, execution, or distribution of the Competition;

(ii) any individual involved with the design, production, promotion, execution, or distribution of the Competition and each member of any such individual’s immediate family or household;

(iii) any company or individual that employs any Judge or that otherwise has a material business relationship or affiliation with any Judge;

(iv) any parent company, subsidiary, or other affiliate of any company described above; and

(v) all employees, representatives and agents of the entities described above (and their respective parent companies, subsidiaries, and other affiliates) and all members of any such employee, representative or agent’s immediate family or household.

C. For purposes hereof:

(i) the members of an individual’s immediate family include such individual’s spouse, children and step-children, parents and step-parents, and siblings and step-siblings; and

(ii) the members of an individual’s household include any other person that shares the same residence as such individual for at least three (3) months out of the year.

D. The Competition is subject to all applicable United States and Canadian federal, state, provincial and local laws.Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to the Sponsor and the Administrator’s decisions, which are final and binding in all matters related to the Competition. Winning a prize is contingent upon fulfilling all requirements set forth herein.

E. The Competition is void in Guam, Puerto Rico, the U.S. Virgin Islands, and other US territories and possessions and where prohibited by law.

3. Competition Submission Period

A. Contestants may enter a Submission between March 11, 2013 at 11:00 AM Eastern Time (“ET”) and May 8, 2013 at 5:00 PM ET (the “Competition Submission Period”). Administrator’s computer is the official time keeping device for this Competition.

B. Any Submission entered following the Competition Submission Period shall be disqualified.

4. How to Enter

A. Registration

(i) Beginning at 11:00 AM ET on March 11, 2013 visit HackSummerStage.com and click “Sign Up” to create a ChallengePost account, or click “Log In” and log in with an existing ChallengePost account. Creating a ChallengePost account is free.

(ii) After you sign up on HackSummerStage.com, a confirmation email will be sent to the email address you provided. Use the confirmation email to verify your email address.

(iii) Indicate your interest in participating by clicking “Accept this Challenge” on HackSummerStage.com in order to receive important Competition updates.

(iv) To receive the electronic credentials required to access a SummerStage API Key from UPlanMe visit the following link and use password HackSummerStage http://uplanme.tumblr.com/post/43587994524/hacksummerstage-developer-api

B. Submission

(i) Create a working software Application that utilizes the SummerStage API.

(ii) Between 11:00 AM ET on March 11, 2013 and 5:00 PM ET on May 8, 2013 visit HackSummerStage.com and confirm that you have read and agree to the Official Rules, and enter your Submission by providing:

a. the name of your Application;

b. a text description of your Application;

c. at least one image (screenshot) of your working Application;

d. a link to a video on YouTube.com or Vimeo.com that clearly demonstrates your Application’s functionality and features;

e. a link to a public website where your Application can be accessed or downloaded by the public or will be available once approved by the relevant app store; and

f. if your Application is not yet publicly available, or is not available for free, a link to a website where your Application can be accessed or downloaded free of charge for purposes of testing and evaluation by the Sponsor, Administrator, and Judges, or an uploaded application file.

(iii) For sake of clarity, the name, text description, image, video link, and link to the Application shall be submitted at the same time. All Submissions shall be received by 5:00 PM ET on May 8, 2013

(iv) In the event of a dispute pertaining to this Competition, the authorized account holder of the email address used to sign up for the ChallengePost account used to enter the Submission will be deemed to be the Contestant (in case of an individual) and the Contestant’s Representative, in the case of a team or Organization. The “authorized account holder” is the natural person or legal entity assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Contestants generally and potential winners may be required to show proof of being the authorized account holder.

5. Submission Requirements

A. Application Requirements

(i) A submitted Application may be based on any kind of technology, i.e., for the web, a personal computer, a mobile handheld device, SMS, or any software platform broadly available to the public.

(ii) Your Submission must include a working software Application that utilizes the SummerStage API.

(iii) A “working software Application” means an Application that can be successfully installed (if applicable) and reliably run without aborting on the technology for which it is intended.

(iv) Access to the API using the electronic credentials can only be used for purposes of creating a Submission in this Challenge. Sponsor reserves the right to terminate a Submission’s access to the API at any time. Contestants must comply with the UPlanMe, Inc. API Terms of Service located at http://uplanme.tumblr.com/post/44145077705/uplanme-developer-terms-of-service. Failure to do so could result in disqualification from the Competition and, if applicable, revocation of a Prize, at the sole discretion of the Sponsor and the Administrator.

(v) Applications may, but are not required to, combine the use of the SummerStage API with third party data or APIs, provided the inclusion and use of the third party data or API does not infringe upon the rights of any person or entity.

 (vii) Applications must include the word “unofficial” in the title of the Application if they use the "SummerStage"name or a substantial part the name. 

(viii) The following disclaimer must be displayed on any website where the Application is accessed or downloaded by the public, including in the relevant app store: “Disclaimer: This app was not developed by and has not been endorsed by the producers of the SummerStage Performing Arts Festival.”

B. Access to your Application

(i) The Competition is intended to recognize Contestants creating Applications that are available to the general public. By the end of the Competition Submission Period your Application must be available to the public or pending approval for the relevant app store (e.g. iTunes, Google Play, etc.). If your Application is pending app store approval at the time of entry, you must include in your Submission a link to a public website where the Application will be available once it is approved. By entering, you agree to provide a link to your Application on the relevant app store on the submitted public website, once your Application is approved. If your Application is not available to the public by the end of the judging and public voting periods your Submission may be disqualified at the sole discretion of the Sponsor and/or Administrator.

(ii) Your Application must be made available free of charge to the general public. a. For iOS Applications not yet approved on iTunes, share your Application build via TestFlight. Enter the Administrator TestFlight email address: Sean@UPlanMe.com and UDID to share a build for testing. Administrator UDID is:

iPhone 4 GSM (iOS 5.0.1) e68f63af192d1c06a398c8b3d91db497d9e3d50d

iOS builds must be shared with the Administrator via TestFlight prior to the end of the Competition Submission Period. The Contestant must provide additional access via Testflight to the Sponsor and Judges upon request. In addition, the Sponsor and/or the Administrator must be provided with access to the Application in person to verify any criteria or functionality of your Application upon request.

b. For Android Applications not yet available on Google Play, submit a link to a .apk file or upload the file.

C. Image and Video Requirements

(i) The image(s) included in your Submission must be photographs or screenshots of your working Application.

(ii) The video portion of your Submission:

a. should be no longer than 5 minutes;

b. must clearly demonstrate your Application’s features and functionality;

c. should include an audio narration in the demonstration of your Application; and

d. must not include music or other copyrighted material unless you have a license to use such material.

(iii) If the video is primarily promotional rather than a demonstration of the Application’s functionality, the Submission may be disqualified at the Sponsor’s and/or Administrator’s sole discretion.

D. General Requirements

(i) Your Application will be tested by the Sponsor and/or Administrator. Submissions may be disqualified if the Application does not function as depicted in the video or expressed in the text description, at the Sponsor’s and/or Administrator’s sole discretion.

(ii) A Contestant may submit more than one Submission. However, each Submission or any part thereof, must, at the sole discretion of the Sponsor and/or the Administrator, be substantially different from the Contestant’s other Submissions, or any part thereof. If a Contestant enters two or more Submissions that are substantially similar, the Sponsor and Administrator reserve the right to disqualify Submissions or require the Contestant to choose one Submission to enter into the Competition.

(iii) Submissions must not be a clear attempt to duplicate a prior Submission already submitted in this Competition.

(iv) Submissions must be free of malware.  Contestant agrees that the Sponsor and the Administrator may conduct testing on the Application to determine whether malware or other security threats may be present.  The Sponsor and/or Administrator may disqualify the Application if, in their sole discretion, the Application may damage the Sponsor, Administrator, or others’ equipment or operating environment. 

(v) The submission deadline is 5:00 PM ET on May 8, 2013. Once the Competition Submission Period has ended, the Contestant may not make any changes or alterations to any part of the Submission (including the associated Application) until after the judging and public voting periods are complete. 

(vi) Posting of a Submission to the Competition Website does not constitute a final determination by the Sponsor and/or Administrator of the Contestant or the Submission’s eligibility.

(vii) Submissions must be the original work of the Contestant, and must not infringe, misappropriate or otherwise violate any intellectual property rights, proprietary rights, privacy rights, moral rights or any other rights of any person or entity.

(viii) It is an express condition of entry and eligibility that each Contestant warrants and represents that the Contestant’s Submission is solely owned by the Contestant, that the Submission is wholly original with the Contestant and that no other party has any rights or interest, whether known or unknown, in the Submission.

(ix) The Contestant further represents and warrants to the Sponsor and the Administrator that the Submission, and any use thereof by the Sponsor or the Administrator (or any of their respective partners, subsidiaries and affiliates), shall not:

a. infringe upon any statutory or common law copyright;

b. be defamatory or libelous in any manner towards any person;

c. constitute or result in any misappropriation or other violation of any person’s publicity rights or right of privacy; or

d. infringe, misappropriate or otherwise violate any intellectual property rights, proprietary rights, privacy rights, moral rights or any other rights of any person or entity.

(x) A Contestant may contract with a third party for technical assistance to create the Submission provided the Application is solely the Contestant’s work product and the result of the Contestant’s ideas and creativity and the Contestant owns all rights to it.

(xi) A Submission, including the Application, video, and textual materials, must be in English. If in a language other than English, the Submission must be accompanied by an English translation of that text.

(xii) The Sponsor, the Administrator and the Judges can, at their sole discretion, at any time, remove the Submissions or any part thereof if the Submission:

a. does not fully comply with these Official Rules;

b. is indecent, obscene, defamatory, libelous, in bad taste, or
 demonstrates a lack of respect for public morals or conduct.

(xiii) Additionally, Submissions will not be accepted if, at the sole discretion of the Sponsor, the Administrator and the Judges, they:

a. are illegal under applicable law;

b. depict hatred;

c. defame or denigrate (or are derogatory towards) any person or group of persons or any race, ethnic group or culture;

d. threaten a specific community in society, including any specific race, ethnic group or culture;

e. are intended to or might incite violence;

f. contain vulgar or obscene language or excessive violence;

g. contain pornography, obscenity or sexual activity; or

h. disparage the Sponsor.

(xiv) All of the above are to be determined at the Sponsor’s and/or the Administrator’s sole discretion.

(xv) If the Sponsor, the Administrator or the Judges, at their discretion, find any Submission to be unacceptable, then such Submission shall be deemed disqualified from the Competition.

(xvi) The Sponsor may at its sole discretion disqualify Submissions for which intellectual property claims including those under the Digital Millennium Copyright Act are received and remove any such Submission or component thereof from HackSummerStage.com.

6. Submission Rights for Entrants

A. Contestants will retain any applicable intellectual property rights in the Submission. By entering the Submission to this Competition, you grant to the Sponsor and the Administrator, and any third parties acting on behalf of the Sponsor and/or the Administrator, a non-exclusive, non-revocable, royalty free and worldwide license to display publicly and use for promotional purposes your Submission during the Competition and for two years after the conclusion of the Competition Submission Period. Furthermore, you grant to the Sponsor and the Administrator, and any third parties acting on behalf of the Sponsor and/or the Administrator the right to publicize your name, and, as applicable, members of your team and/or Organization which participated in the Submission.

B. Once a Contestant enters a Submission, the Submission (including the associated Application) cannot be modified in any way.

7. Display of Submissions and Public Voting

A. Submissions will be posted on HackSummerStage.com on a rolling basis after being screened by the Administrator for basic functionality, accuracy of messaging, and integrity (i.e., security), and appropriateness of content. The Administrator has the right to request additional information and be provided access to the Application in person or via any reasonable manner to verify the Application functions and operates as stated in the Submission. Failure by a Contestant to respond or honor such a request may result in immediate disqualification of the Submission. The members of the general public, including all Contestants, will have equal access to Submissions posted on the website.

B. Non-Contestants interested in the Competition may obtain updates on the competition and vote for their favorite Submissions as part of the Popular Choice Award, by creating an account on HackSummerStage.com or by logging in using an existing ChallengePost account. Such registered visitors will be able to cast one vote for each of their favorite Submissions during the public voting period.

C. The public voting is scheduled to take place between May 13, 2013 at 10:00 AM ET and May 16, 2013 at 5:00 PM ET (the “Voting Period”). Public voting will determine the potential winner of the Popular Choice Award. Use of an automated process or similar device to submit an electronic vote is strictly prohibited. Any attempt to circumvent the one-vote limit per person per Submission, including the use of multiple email addresses or any form of automated vote processes will subject all votes from the person or entity to disqualification. The Sponsor and/or the Administrator reserves the right to disqualify any Contestant at their sole discretion, if a Contestant receives multiple and/or irregular votes from the same user or users, or receives votes in a manner that otherwise may indicate automated or non-automated vote manipulation. If the voting process for the Popular Choice Award fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsor and/or the Administrator at their sole discretion reserves the right to use another means to determine the potential winner of the Popular Choice Award. Contestants may not pay or otherwise compensate anyone or provide any other type of consideration in exchange for votes.

D. Public votes may be displayed on the Competition website, on a real-time basis, before being verified for integrity. These unverified votes will not necessarily reflect accurately the voting for the Popular Choice Award.

E. The potential winner of the Popular Choice Award will be determined on the basis of the verified vote counts, as determined by the Sponsor or the Administrator. The Sponsor and the Administrator reserve the right to extend the Voting Period at any time for any reason, and posted/confirmed on HackSummerStage.com.

8. Winner Selection

A. Submissions will be judged by an expert panel of impartial judges (the “Judges”) selected by the Sponsor and the Administrator. Submissions may initially be screened by a qualified internal panel selected by the Sponsor at its sole discretion. The internal panel will judge the Submissions on the criteria identified below to select finalist Submissions. Finalist Submissions will then be judged by an expert judging panel determined by the Sponsor. The Sponsor and the Administrator reserve the right to substitute or modify the judging panel at any time for any reason.

B. All Judges shall be and remain fair and impartial. Any Judge may recuse him or herself from judging a Submission if the Judge, the Sponsor or the Administrator considers that it is inappropriate, for any reason, for the Judge to evaluate a specific Submission or group of Submissions. A Submission will not be at a disadvantage if one or more judge recuses him or herself.

C. A Contestant’s likelihood of winning will depend primarily on the number and quality of all of the Submissions, as determined by the Judges using the criteria below. The dates for the judging panel are between May 13, 2013 at 10:00 AM ET and May 16, 2013 at 5:00 PM ET.

9. Best Overall Application – Grand Prize

A. Criteria

(i) Quality of the Idea (Includes elements of creativity and originality specifically applied to SummerStage)

(ii) User Experience (including design, ease of use and visual appeal)

(iii) Impact (Includes the potential impact on the festival experience of SummerStage attendees)

B. The one (1) Contestant whose Submission earns the highest overall score will win the prizes identified below in section 12. In the event of a tie, winner will be selected based on the criteria described in (1), then (2), and finally (3).

10. Popular Choice Award

A. One (1) winner will be based solely on the voting of registered visitors to HackSummerStage.com. If there is a tie between one or more Submissions for the Popular Choice Award, the prize will be awarded to the Submission with the highest overall score from the Judges.

11. Verification of Potential Winners

A. ALL POTENTIAL COMPETITION WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR WHOSE DECISIONS 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. The potential winners will be notified on or about May 21, 2013. The potential winners will be required to sign and return to Sponsor, 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.

B. In the event that a potential winner of a Competition prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner who had the highest score remaining of the eligible entries. If a winner is considered to be a minor in his or her state of residence, at Sponsor’s sole option, the prize will either be awarded to the minor winner’s parent or legal guardian on behalf of the winner, or the minor’s parent or guardian will be required to ratify and sign the affidavit of eligibility, and liability/publicity release.

12. Prizes

A. No Prize substitutions will be made except for the right of the Sponsor to make a Prize substitution of equivalent or greater value in the event the Prize or any portion thereof is unavailable. Prizes must be accepted as awarded. No transfer or substitution of a Prize is permitted except at the Sponsor’s and Administrator’s sole discretion. No more than the stated number of Prizes will be awarded. The Prize will be provided to the winner upon receipt of the signed affidavit(s) of eligibility and liability/publicity release(s) form(s). If a team or Organization is selected as a Prize winner, the associated Prize will be provided to said team or Organization’s Representative. It will be up to the winning team or Organization’s Representative to allocate the Prize amongst its team or Organization members, as they deem appropriate.

B. 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). It is the sole responsibility of Prize winners of $600 or more to provide certain information to facilitate receipt of the award, including completing and submitting any tax forms when necessary and any applicable withholding and reporting requirements.

C. In the event a winner/potential winner’s employer has a policy that prohibits the awarding of a Prize to an employee, the Prize will be forfeited and an alternate potential winner will be selected. Each Contestant hereby acknowledges and agrees that the relationship between the Contestant, the Sponsor and the Administrator, is not a confidential, fiduciary, or other special relationship, and that the Contestant’s decision to provide the Contestant’s Submission to Sponsor and Administrator for the purposes of this Competition does not place the Sponsor, the Administrator, and their respective agents in a position that is any different from the position held by the members of the general public with regard to elements of the Contestant’s Submission, except as specifically provided in these Official Rules.

13. Entry Conditions and Release

A. By entering, each Contestant (including, in the case of team or Organization, all participating members) agree(s) to:

(i) comply with and be bound by these Official Rules and the decisions of the Sponsor, Administrator, and/or the Competition judges which are binding and final in all matters relating to this Competition;

(ii) release and hold harmless the Sponsor, Administrator, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers 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 (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, 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 the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of entry; and

(iii) indemnify, defend and hold harmless the Sponsor and Administrator and the Released Parties from and 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 a Contestant’s acceptance, use or misuse of Prize.

14. Publicity

A. Except where prohibited, participation in the Competition constitutes a winner’s consent to Sponsor’s, Administrator’s and their agents’ use of the winner’s name, likeness, photograph, voice, opinions, comments and/or hometown and state/province/territory of residence (and, as applicable, those of all other members of the team or participating members of the Organization which participated in the Submission) for promotional purposes in any media, worldwide, without further payment or consideration, for a period of two years following the conclusion of the Competition.

15. General Conditions

A. Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failure or any other unanticipated factor or factor beyond Sponsor’s and Administrator’s control impairs the integrity or proper functioning of the Competition, as determined by Sponsor and Administrator at their sole discretion. The Sponsor and Administrator reserve the right at their sole discretion to disqualify any individual or Contestant it finds to be tampering with the entry process (for example by using the aid of computer software programs to auto-fill entries) or the operation of the Competition or to be acting in violation of these Official Rules or in a manner that is inappropriate, not in the best interests of this Competition, or a violation of any applicable law or regulation.

B. Any attempt by any person to undermine the proper conduct of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor and the Administrator reserve the right to take proper legal action, including, without limiting, referral to law enforcement, for any illegal or unlawful activities.

C. The Sponsor and/or the Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor and the Administrator are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Contestants. Proof of sending or submitting will not be deemed to be proof of receipt by Sponsor or Administrator. The Sponsor and the Administrator are not responsible for, nor are they required to count any vote which, in their sole judgment, is incomplete, late, misdirected, damaged, unlawful or illicit, including those secured through payment, votes achieved through automated means or by registering more than one e-mail account and name, using another Contestant’s e-mail account and name, as well as those lost for technical reasons, defective or otherwise in violation of these rules.

D. In the event of any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Competition materials, including but not limited to the Competition submission form, or point of sale, television, print or online advertising, the terms and conditions of the Official Rules shall prevail.

E. The Sponsor and the Administrator reserve the right, without liability, to amend the terms and conditions of the Official Rules at any time, including the rights or obligations that the Contestant, the Sponsor or the Administrator may have. The Sponsor and Administrator will post the terms and conditions of the amended Official Rules on HackSummerStage.com (“Corrective Notice”). As permitted by law, any amendment will become effective at the time the Sponsor and/or Administrator post the amended Official Rules.

F. All intellectual property related to this Competition, including but not limited to 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 the 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.

16. Limitations of Liability

A. By entering, all Contestants (including, in the case of a team or Organization, all participating members) agree to be bound by the Official Rules and hereby release the Sponsor, the Administrator and each of its and their employees, officers, directors, affiliates, related entities, partners, partnerships, principals, representatives, agents, licensees, sponsors, successors and assigns (together with the Sponsor and the Administrator, the “Released Parties”) from any liability in connection with the Prizes or from participation in the Competition.

B. Without limiting the foregoing, the Released Parties are not responsible for:

(i) any incorrect or inaccurate information, whether caused by the Sponsor’s, the Administrator’s or a Contestant’s electronic or printing error or by any of the equipment (including the SummerStage API) or programming associated with or utilized in the Competition;

(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 HackSummerStage.com;

(iii) unauthorized human intervention in any part of the entry process or the Competition;

(iv) technical or human error which may occur in the administration of the Competition 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 Contestant’s participation in the Competition or receipt or use or misuse of any Prize. If for any reason any Contestant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Contestant’s sole remedy is to request the opportunity to resubmit its Submission, which request will be determined at the sole discretion of the Sponsor and the Administrator if the Competition Submission Period is still open.

17. Disputes

A. Entrant agrees that:

(i) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, other than those concerning the administration of the Competition 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 Competition, or any prizes awarded, shall be resolved exclusively by the United States District Court of New York or the appropriate New York State Court;

(iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys’ fees; and

(iv) 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.

B. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Competition, 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 or 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.

18. Privacy

Sponsor and Administrator collect personal information from you when you enter the Competition. The information collected is subject to the privacy policy located at http://ChallengePost.com/privacy.

19. Competition Results

For Challenge results go toHackSummerStage.com on or about May 21, 2013.

20. Contact Us

If you have questions regarding the Competition email Georgia.Maloney@parks.nyc.gov.