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Tracking Coronavirus Challenge - Rules

PURCHASE DOES NOT IMPROVE ODDS OF WINNING. VOID WHERE PROHIBITED.

  1. Sponsor(s): The Tracking COVID-19 Challenge (“Challenge”) is sponsored by The New York Academy of Sciences (“Sponsor”).

  1. Eligibility: The Challenge is open and offered to legal residents of the 50 United States and the District of Columbia and participants from all countries except those subject to U.S. sanctions who are over the page of eighteen (18) as of May 8th, 2020 12:01 AM Eastern Time (ET). Employees and their immediate family and household members (whether or not related) of Sponsor and their employees, subsidiaries, affiliates, advertising, promotion, or fulfillment agencies, promotional partners, and all other entities or individuals involved in or associated with the development, implementation, administration, or fulfillment of the Challenge (collectively, the “Challenge Entities”) are not eligible to participate in the Challenge. Only individuals meeting all eligibility requirements set forth in these Official Rules (“Participant”) may participate in the Challenge or win a prize. All applicable international, federal, state, and local laws and regulations apply. Individuals may participate individually or as part of a team, and individuals may participate in more than one (1) team. Teams can be no larger than six (6) people. All Participants/team members must be from eligible countries and meet age requirements.

  1. Challenge Period: The Challenge begins at 12:00:01 AM ET on May 8th, 2020 and ends at 11:59:59 PM ET on June 19th, 2020 (“Challenge Period”). Sponsor's clock is the official timekeeper for this Challenge.

  1. How to Enter: In this six-week challenge, Participants will have the opportunity to work independently or form teams and work together to design, develop, and present their solutions that will help track COVID-19 outbreak. All entries must be received in the manner described in these Official Rules, the corresponding Challenge page located on The New York Academy of Sciences’ main website (www.nyas.org) (“Challenge Page”), and the corresponding Launchpad online platform page (https://joinlaunchpad.com/challenges) (“Launchpad Page”) during the Challenge Period to be eligible for prizes. To enter and participate, follow the entry rules and procedures contained in the Official Rules, Challenge Page, and Launchpad Page.

Prior to entering the Challenge, each Participant and Team must acknowledge that they agree: (1) to his/her/their entry in the Challenge, and (2) that the Challenge Entities shall have a license (discussed further in the “Use of Submission and Entry Information” section below) in and to his/her/their Submission (including all material embodied therein) immediately upon submission.

SUBMISSION REQUIREMENTS: Limit one (1) Submission per Team (or Individual if competing alone) during the Challenge Period, regardless of method of entry and type of Submission. Submission of multiple Submissions by or on behalf of the same Team (or Individual if competing alone) will result in ineligibility with respect to all Submissions by or on behalf of that Team (or Individual if competing alone). Submissions should follow the criteria outlined on the Challenge Page and Launchpad Page.

Each Submission must be in English and the Participant’s original work.

Submissions must not, as determined in Sponsor's sole and absolute discretion: (1) infringe upon any rights of any third party including, without limitation, copyright, trademark, and rights of publicity and/or privacy; (2) copy, incorporate, or include music or video from any source, including but not limited to movies, commercials, radio, television, or the Internet; (3) be or contain any content that is or may be perceived as violent, immoral, defamatory, derogatory, offensive, illegal, sexually suggestive, obscene, or similarly inappropriate, or that represents Challenge Entities in a negative way or in any manner not consistent with their brands and/or reputations; (4) contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property; (5) suggest or imply to any person to undertake any dangerous, unsafe, or unduly risky activity; (6) be dangerous or unsafe to make or produce; (7) contain any mention, discussion, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image or intellectual property of any business or company without that entity’s prior written consent; and (8) contain any names or private and/or sensitive information about a Participant, or anyone else. Such inappropriate Submissions are strictly prohibited, and any Submission in violation of the above requirements and restrictions, as determined in Sponsor's sole and absolute discretion, shall be deemed void.

If a Submission includes an image of anyone other than a Participant or Team, that Participant or Team must have received each person’s written permission to submit the Submission for the Challenge prior to submitting the Submission. By submitting a Submission that includes pictures or images of or reference to any people other than a Participant or Team, that Participant or Team represents and warrants to Sponsor that said Participant or Team has obtained express permission of such people to submit a Submission including their likeness or image to Sponsor in connection with this Challenge, with the understanding that upon submission to Sponsor, Challenge Entities have a license (as discussed in the “Use of Submissions” section below) in and to the Submission. Challenge Entities shall consider the entrant to be the person whose name is listed during the entry process.

By submitting a Submission in the Challenge, each Participant and Team represents and warrants that the above requirements have been met. Failure to satisfy these requirements, as determined in Sponsor's sole and absolute discretion, may result in ineligibility with respect to all Submissions submitted by or on behalf of that Participant and/or Team.

Use of Submissions and Participant Information. By entering this Challenge, each Participant, as a condition of participation in the Challenge: (a) grants a royalty-free, perpetual, and irrevocable worldwide license, regardless of the subsequent assignment or ownership change, non-exclusive to Challenge Entities to use, edit, alter, adapt, modify, copy, reproduce, publish, display, distribute, transform, create derivative works from, and otherwise show and use (unless prohibited by applicable law) the Submission (including all material embodied therein), in any way or in any media or form, now or hereafter known or developed, in whole or in part, for trade, advertising, promotional, marketing, commercial, trade, or other purposes as Challenge Entities determine, in their sole and absolute discretion. Participants and Teams shall not have a right of notice, review, or approval of any such use of the Submission and/or Participant’s or Team’s name. Each Participant: (a) upon request by Challenge Entities or their agents or representatives, shall sign any documents for such purpose; (b) acknowledges and agrees that the Submission (or any part thereof) and/or the Participant’s and/or Team’s name(s) may be used in whole or in part, alone or in combination with other works and that the Submission may be changed, altered, edited, modified, or used in any other manner, as solely determined by Challenge Entities; and (c) warrants and represents that Participant has received all rights, releases, and permissions that may be necessary from any individual appearing or referenced in a Submission to grant this license for the use of the Submission as stated.

  1. Judging Criteria: all Submissions shall be judged by Sponsor or their designees based on the criteria outlined on the Challenge Page and Launchpad Page. In the event of a tie, the tied Submissions shall be rated on an additional category by the same panel of judges based on “overall impression.” The rating for the “overall impression” category shall be based on a scale of one (1) to ten (10) with one (1) being the lowest score and ten (10) being the highest score. The tie shall be broken and awarded to the highest cumulative score of the “overall impression” category rating from all participating judges.

  1. Selection of Winners. Potential winners will be announced by judges via email on or about July 2020. Potential winners do not have to be present at the selection to win.

  1. Prizes: Winners (“Winner” or “Winners”) will be selected from all eligible entries received and must satisfy the “How to Claim Prizes” criteria in Section 8 below to receive a prize. One Grand Prize Winner (individual Participant or Team) will receive a $5000 cash prize to share amongst team members. Grand Prize Winner (individual Participant or Team) and ten (10) Finalists (individual Participants or Teams) will receive an opportunity to present your solution to the Judges during a Virtual Event. This event will be open to other members of the Academy’s network, including Human Resources representatives. Complimentary registration for up to two (2) Academy virtual programs (e.g. Webinars, Livestreams) of your choosing from July 1, 2020 – June 30, 2021. The complimentary registrations will be honored for virtual events of up to one (1) full day in duration. For a calendar of upcoming Academy virtual events, click here. Grand Prize Winner (individual Participant or Team) and twenty (20) Finalists (individual Participants or Teams)A digital badge and certificate indicating completion and placement in the challenge. Complimentary registration for up to two (2) Academy virtual programs (e.g. Webinars, Livestreams) of your choosing from July 1, 2020 – June 30, 2021. The complimentary registrations will be honored for virtual events of up to one (1) full day in duration. For a calendar of upcoming Academy virtual events, click here. No Prize may not be sold, auctioned, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated, or redeemed or exchanged for cash, merchandise, or services, except by Sponsor, in their sole and absolute discretion, who reserve the right to substitute Prize with a prize of comparable or greater value if Prize becomes unavailable. Each winner is solely responsible for all other costs and expenses associated with the Prize, including but not limited to taxes, bank fees, wire transfer fees, and any other third-party fees/costs to redeem the Prize.

  1. How to Claim Prizes: Sponsor or their designees will attempt to notify each potential winner of his/her winning status via the e-mail address provided by potential winner during Challenge registration. Before a Prize is awarded, each potential winner must complete, sign, and return an Affidavit of Eligibility (“Affidavit”) and, where lawful, Liability/Publicity Release (“Release”) (collectively, “Affidavit and Release”) within five (5) days after notification. If the indicated forms are not signed and returned by the time indicated on the documents, or if a potential winner does not meet eligibility criteria, or is otherwise unwilling or unable to comply with these Official Rules, or cannot be contacted or does not respond to Sponsor or their designees within seven (7) days of his/her name being selected as a potential winner, an alternate potential winner may be selected, in Sponsor's sole discretion.

  1. Odds: Odds of winning a Prize depend on the number of eligible entries received.

  1. Publicity: Except where and as may be prohibited by law, participation in the Challenge and acceptance of a Prize constitutes the express permission of Winner for Sponsor and those acting pursuant to the authority of Sponsor to use such winner’s name, photograph, image, likeness, voice, opinions, hometown, state, and/or nation for advertising, trade, promotion, and/or publicity purposes in all forms of media now known or hereafter discovered or devised, worldwide in perpetuity, without further notice, review or approval, or compensation.

  1. Privacy: Pursuant to https://www.nyas.org/about/privacy-policy/ , Sponsor will collect personal data from entrants when they enter this Challenge, and this information will be used for the purposes of administering the Challenge, publicizing the Challenge, and other promotional purposes that benefit Sponsor.

  1. General Conditions: Challenge Entities and Releasees (as defined below) shall not be responsible for non-conforming, lost, late, incomplete, inaccurate, delayed, undelivered, misdirected, or illegible entries or Submissions (or any component thereof) or for inaccurate entry information, whether caused by Sponsor or Participant or Team or by any computer, technical, or human error or malfunction that may occur in the processing or judging of Submissions, the administration of this Challenge, or in the announcement of prizes. Incomplete and/or duplicate Submissions are not permitted and will be deemed void. The use of any device to automate the entry process is absolutely prohibited, and any such entries shall be void. Sponsor reserves the right, in their sole and absolute discretion, to void suspect Submissions or entries or to modify, cancel, terminate, or suspend the Challenge should a virus, bug, or other cause corrupt or impair the administration, security, or integrity of the Challenge.

Sponsor reserves the right, in their sole and absolute discretion, to cancel, terminate, modify, extend, or suspend the Challenge should non-authorized intervention, fraud, weather, force majeure events, or other causes beyond Sponsor's control corrupt or affect the administration, security, fairness, or proper conduct of the Challenge. Sponsor reserves the right to disqualify any individual and/or team that Sponsor or their designees determine, in their sole and absolute discretion, is or is attempting or intending to: (a) tamper with any aspect of the operation of the Challenge; (b) defraud Sponsor or Challenge Entities; (c) undermine the legitimate operation of the Challenge by cheating, deception, or other unfair playing practices; (d) annoy, abuse, threaten, or harass any other Participants, Teams, Sponsor, Challenge Entities, or representatives of Challenge Entities; or (e) act in violation of these Official Rules. In such event(s), Sponsor reserves the right (in addition to disqualification of such individual) to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. No schools, groups, clubs, newsletters, or organizations may reproduce or distribute any portion of these Official Rules to their students and/or members, and anyone who participates in the Challenge through means not permitted by these Official Rules is subject to disqualification. All entries are subject to verification and are void and will be rejected if not obtained through authorized, legitimate channels or if any part of an entry is determined by Sponsor or their designees to be illegible, forged, reproduced, manipulated, mutilated, counterfeited, or tampered with in any way. No more than the stated number of Prizes will be awarded. In the event that production, technical, mechanical, typographical, or any other reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserve the right, in their sole and absolute discretion, to award only the stated number of Prizes (previously not awarded) by means of a random drawing among all legitimate and eligible Prize claims.

  1. Release: By participating in this Challenge and/or accepting a Prize, Participant (for himself or herself and his or her heirs) agrees to release, indemnify, and hold harmless Sponsor, the Challenge Entities, and each of their officers, directors, owners, employees, agents, and affiliates, (collectively, the “Released Parties”) from any and all liability for any injuries, loss, harm, damage, cost, or expense of any kind to any person(s), including, without limitation, property damage, personal injury, and/or death, arising in whole or in part, directly or indirectly, from acceptance, possession, use, and/or misuse of a Prize or participation in this Challenge or any Challenge-related activity and for any claims based on publicity rights, defamation, or invasion of privacy.

  1. Agreement to Official Rules: By participating in the Challenge, each Participant fully and unconditionally agrees to and accepts these Official Rules, guidelines and rules on the Challenge Page and Launchpad page, and the decisions of Sponsor, which are final and binding in all matters relating to the Challenge. By participating in the Challenge, each Participant waives any right to claim ambiguity in these Official Rules, Challenge Page and/or Launchpad Page. In the event of any inconsistency with any other materials, these Official Rules shall govern.

  1. Limitation of Liability: IN NO EVENT WILL SPONSORS OR ANY RELEASED PARTY BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE CHALLENGE, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE THAT MAY BE AWARDED. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL OR GROUP TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Except where prohibited, Participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Challenge, or any prize awarded, or the determination of winners, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge but in no event attorneys’ fees; and (c) s/he hereby waives all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

  1. Non-waiver: The failure or delay by Sponsor or their designees in enforcing any particular clause, provision, or aspect of these Official Rules or any guidelines/rules on the Challenge Page shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules, Challenge Page and/or Launchpad Page.

  1. Choice of Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules and the guidelines/rules on the Challenge Page and/or Launchpad Page, or the rights and obligations of each Participant, and/or Sponsor or Released Parties in connection with the Challenge, shall be exclusively governed by, and construed in accordance with, the laws of the State of New York without regard to conflicts of law/choice of law doctrine of New York or any other jurisdiction, and all proceedings regarding same shall take place exclusively either in a state or federal court located in New York. Each Participant agrees to the jurisdiction of such courts and waives any right to change of venue or any like right.

  1. Official Rules and Winners List: Official Rules for this Challenge may be obtained by visiting the Challenge Page during the Challenge Period. A list of winners (first name, last name initial, city, and country) will be posted on the Challenge Page.

This Challenge is in no way sponsored, endorsed, or administered by, or associated with - Instagram, Twitter, Facebook, etc. or any other individual or entity other than the Challenge Entities.

© 2019 The New York Academy of Sciences. All Rights Reserved.