[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Notices]
[Pages 7116-7121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3079]


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DEPARTMENT OF AGRICULTURE


Announcement of Competition Under the America COMPETES 
Reauthorization Act of 2011

AGENCY: Center for Nutrition Policy and Promotion, USDA.

ACTION: Notice.

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SUMMARY: To encourage faith-based, community, and other organizations 
to create inspiring videos about their work to reverse the trend of 
childhood obesity, this notice announces the Let's Move Faith and 
Communities prize competition under section 105 of the America COMPETES 
Reauthorization Act of 2011, Public Law 11-358 (2011).

DATES: Competition begins on or after February 11, 2012, and ends when 
a winner is announced on or about June 1, 2012, whichever occurs first, 
unless the term of the contest is extended as provided in this Notice.

FOR FURTHER INFORMATION CONTACT: Robert Post, Deputy Director, Center 
for Nutrition Policy and Promotion, USDA, (703) 305-7600.

SUPPLEMENTARY INFORMATION: The Let's Move Faith and Communities 
(``LMFC'') presents: Communities on the Move Video Challenge (the 
``Challenge'') is an initiative of Let's Move and the U.S. Department 
of Agriculture (``USDA''). The Challenge is intended to provide 
recognition to faith-based institutions, community-based institutions 
and other non-profit organizations (collectively, ``Contestants'') for 
creating inspiring videos that showcase activity related to LMFC's 
mission to reverse the trend of childhood obesity. The goals of the 
Challenge are to:
    (1) Recognize community efforts to help reduce the trend of 
childhood obesity;
    (2) Encourage healthy eating through USDA's MyPlate icon and 
nutrition information found on www.ChooseMyPlate.gov;
    (3) Highlight the work of Let's Move Faith and Communities and 
other organizations engaged in promoting the Let's Move message of 
healthy lifestyles for kids; and
    (4) Increase participation in faith and community based efforts to 
prevent childhood obesity.

Summary of How To Enter and Judging Criteria

    Review the sections below for a more detailed description and 
important requirements and restrictions.
    1. Create an account on Communities.Challenge.gov or log in with an 
existing ChallengePost account.
    2. On Communities.Challenge.gov, click ``Accept this challenge'' to 
register your interest in participating. This step ensures that you 
will receive important challenge updates.
    3. After you sign up on Communities.Challenge.gov a confirmation 
email will be sent to the email address you provided. Use the 
confirmation email to verify your email address. As a registered 
Contestant, you will then be able to enter the Challenge by submitting 
an application that conforms to the requirements set forth herein (a 
``Submission'').
    4. Create a Video that is between one and three minutes long, has a 
clear connection to Let's Move, and describes how the organization 
entering has worked to improve the wellness of children in 
congregation(s) or community(ies). The organization may operate at the 
national or local level. Videos must focus on topics in one or more of 
three areas of interest: healthy eating, physical activity, and/or 
access to healthy, affordable food. At some point in the video, the 
video must direct viewers to www.letsmove.gov for more information.
    5. Confirm that you have read and agreed to these Official Rules. 
Submit your video on Communities.Challenge.gov between February 11, 
2012 at 10 a.m. EST and April 6, 2012 at 5 p.m. EDT by including a link 
to the video on YouTube.com or Vimeo.com, a text description of the 
activities showcased in the video (300 words or less) and a transcript 
of the video dialogue. Upload consent forms for everyone who appears in 
your video, regardless of age. Upload

[[Page 7117]]

a copyright release from the creator of the video.
    Nine (9) winners will be chosen. The First Prize winner and seven 
(7) Honorable Mention winners will be selected by a panel of judges. 
One (1) Popular Choice winner will be selected through public voting.
    For selection of the First Prize and Honorable Mention winners, the 
internal panel of judges will judge each eligible Submission based on 
the following three criteria:
    Quality of the Idea: Video must convey at least one of the three 
Let's Move areas of interest: healthy eating, physical activity, and/or 
access to healthy affordable food. Submissions that connect to multiple 
areas of interest are especially encouraged. The video should also have 
a clear connection to the mission of Let's Move. The idea or program 
highlighted in the video should be creative, and should involve a 
collective group effort focused on the wellness of children. At some 
point in the video, Contestants must direct viewers to www.letsmove.gov 
for more information.
    Communication of the Idea: Video should include content that is 
compelling and instructive. The video should also (a) offer clear 
visual and audio quality, (b) encourage team-building and 
collaboration, and (c) not compromise the health or safety of the video 
participants.
    Potential Impact of the Idea: The idea or program represented in 
the video should be replicable by other entities, and adaptable to a 
variety of settings and resource levels. The idea or program 
represented in the video should be sustainable, and support positive 
behaviors to reduce childhood obesity. The video should include 
personal accounts (for example, testimonials, success stories, or 
individual reports) conveying how the idea or program highlighted has 
impacted health and wellness.
    The public will vote on the Submissions on 
Communities.Challenge.gov between February 11, 2012 at 10 a.m. EST and 
May 11, 2012 at 5 p.m. EDT to determine the Popular Choice winner. 
Public voting will occur daily throughout the Challenge Submission 
Period. While Submissions will be accepted at any time during the 
Challenge Submission Period, Contestants should be aware that as a 
result of daily voting, earlier entered Submissions may have a higher 
chance of winning the Popular Choice award.

1. Eligibility

    To be eligible to win a prize under this Challenge, an 
organization--
    a. Shall have registered to participate in the Challenge under 
these Official Rules;
    b. Shall have complied with all the requirements set forth herein;
    c. Shall be a faith-based institution, community-based institution, 
or other non-profit organization that, at the time of entry, is 
domiciled in the United States of America, has been duly organized and 
validly exists;
    d. May not be a government or for-profit entity.
    Individuals are not eligible to enter Submissions for this 
Challenge.
    A Contestant shall not be deemed ineligible because the Contestant 
used Federal facilities or consulted with Federal employees during the 
Challenge if the facilities and employees are made available to all 
Contestants participating in the Challenge on an equitable basis.
    Let's Move, the USDA, ChallengePost, Inc. (collectively the 
``Promotion Entities'') or any of the Promotion Entities' respective 
affiliates, subsidiaries, advertising agencies, or any other company or 
entity involved with the design, production, execution, or distribution 
of the Challenge are not eligible.
    The program highlighted in the Video may be a program that is in 
whole or in part Federally funded provided both of the following two 
conditions are met:
     An eligible entity, as described above, must have full 
responsibility for expending the Federal funds to implement the 
highlighted program; and
     No Federal funds can be used to develop a Contestant's 
Submission unless such use is consistent with the grant award, or other 
applicable Federal funds awarding document. If a grantee using Federal 
funds enters and wins this Challenge, the prize monies will need to be 
treated as program income for purposes of the original grant in 
accordance with applicable Office of Management and Budget Circulars.

Federal contractors may not use Federal funds from a contract to 
develop a Submission for this Challenge.
    Contestants led by or whose highlighted program is led by a Federal 
employee are eligible provided all of the following criteria are met:
     The Federal employee cannot be an employee of the USDA 
Center for Nutrition Policy and Promotion (USDA-CNPP) or the USDA 
Center for Faith-Based and Neighborhood Partnerships (USDA-CFBNP). Nor 
may the Federal employee be an immediate family member of any employee 
of USDA-CNPP or USDA-CFBNP;
     The Federal employee's involvement cannot be within the 
scope of his/her Federal employment;
     The Federal employee may not work on Contestant's 
Submission during his/her Federal employment assigned duty hours, and 
may not use Federal facilities in the preparation of Contestant's 
Submission unless those facilities are made available to all Challenge 
Contestant's on an equitable basis; and
     The Federal employee has fully complied with all 
applicable government ethics requirements for Federal employees. If 
questions arise about the applicability of or compliance with ethics 
requirements, the Federal employee is encouraged to consult his/her 
designated agency ethics officer.

The Challenge is subject to all applicable Federal laws and 
regulations. Participation constitutes Contestant's full and 
unconditional agreement to these Official Rules and Sponsor's and 
Administrator's decisions, which are final and binding in all matters 
related to the Challenge.

2. Sponsor and Administrator

    Sponsor: USDA Center for Nutrition Policy and Promotion, 3101 Park 
Center Drive, 10th Floor Alexandria, VA 22302-1594.
    Administrator: ChallengePost, Inc., 425 W. 13th Street, Suite 
504, New York, NY 10014.
    The role of the Sponsor is to make all decisions related to the 
development, management, and implementation of the Challenge. The role 
of the Administrator is to carry out the Challenge per the direction of 
the Sponsor.

3. Challenge Submission Period

    The Challenge Submission Period begins on February 11, 2012 at 10 
a.m. EST and ends on April 6, 2012 at 5 p.m. EDT (the ``Challenge 
Submission Period''). Administrator's computer is the official time-
keeping device for this Challenge.
    Public voting will occur daily throughout the Challenge Submission 
Period. While Submissions will be accepted at any time during the 
Challenge Submission Period, Contestants should be aware that as a 
result of daily voting, earlier entered Submissions may have a higher 
chance of winning the popular choice award.

4. How To Enter and Submission Requirements

    a. Registration and Submission:
    (1) Create an account on Communities.Challenge.gov or log in with 
an existing ChallengePost account. Creating an account is free.

[[Page 7118]]

    (2) On Communities.Challenge.gov, click ``Accept this challenge'' 
to register your interest in participating. This step ensures that you 
will receive important challenge updates.
    (3) After you sign up on Communities.Challenge.gov a confirmation 
email will be sent to the email address you provided. Use the 
confirmation email to verify your email address. As a registered 
Contestant, you will then be able to enter a Submission.
    (4) Create a Video that is between one and three minutes long, has 
a clear connection to Let's Move, and describes how the organization 
entering has worked to improve the wellness of children in 
congregation(s) or community(ies). The organization may operate at the 
national or local level. Videos must focus on topics in one or more of 
three areas of interest: (a) healthy eating, (b) physical activity, 
and/or (c) access to healthy affordable food. At some point in the 
video, the video must direct viewers to www.letsmove.gov for more 
information.
    (5) Enter a Submission by filling out the submission form on 
Communities.Challenge.gov. As part of a complete Submission each 
contestant must provide:
     The title of the Video,
     A link to the Video on YouTube.com or Vimeo.com,
     A text description of the organization's idea or program 
featured in the Video (300 words or less),
     A transcript of the dialogue in the Video,
     Confirmation that Contestant has read and agrees to these 
Official Rules,
     Image Release forms from all individuals that appear in 
the Video, and
     Copyright Release from the creator of the Video.

A Submission will not be considered complete and eligible to win prizes 
if it does not include all of the required items. All completed Video 
Consent Forms and Copyright Release Forms must be uploaded as part of 
the submission form on Communities.Challenge.gov.
    b. Submission Requirements:
    (1) The video must be no shorter than one minute and no longer than 
three minutes. Videos that do not meet these time requirements may be 
disqualified.
    (2) Submissions must include a text description, no more than 300 
words in length, of the program highlighted in the video. A Submission 
may be disqualified if the activities presented in the Video are not 
the same or closely related to those described in the text description.
    (3) Submissions must also include a transcript of the video's 
dialogue. A Submission may be disqualified if the Video's dialogue is 
not the same or closely related to the dialogue in the transcript.
    (4) The Video must describe how the activities in the video connect 
to Let's Move and describe how the Contestant has worked to improve the 
wellness of children in congregation(s) or community(ies) in the United 
States. Contestant organization may operate at the national or local 
level.
    (5) The Video must focus on topics in one or more of the three 
areas of interest: healthy eating, physical activity, and/or access to 
healthy, affordable food. Videos that address multiple areas are 
especially encouraged.
    (6) At some point in the video, the video must direct viewers to 
www.letsmove.gov for more information.
    (7) Submissions must include one uploaded file combining hand-
signed Image Release for each individual appearing in the Video and the 
Copyright Release Form from the Video's creator.
     Any individuals appearing in a Video submitted by a 
Contestant must sign an Image Release form indicating their consent to 
appear. Minors may appear in a Video if their parent or legal guardian 
also signs their Image Release form.
     The person who creates the Video must sign a Copyright 
Release form authorizing Contestant to use the Video in entering the 
Challenge and authorizing USDA and Let's Move to use the Video in 
promoting the mission of Let's Move and working to reduce childhood 
obesity.
     Failure to include any of the required Image Release or 
Copyright Release forms will result in Contestant's Submission being 
deemed ineligible.
    (8) The Contestant cannot make any changes or alterations to the 
Submission once the Challenge Submission Period has ended.
    (9) A Contestant may not submit more than one Submission describing 
the same program or activities.
    (10) Submissions in which Sponsor and/or Administrator's sole 
discretion are determined to be substantially similar to a prior 
submitted entry in the Challenge will be disqualified, or if entered by 
the same Contestant, the Contestant may be required to choose one 
Submission to enter.
    (11) The video cannot contain brand names or trademarks unless 
these entities are official partners in the program activities 
described. If a video uses the Let's Move logo, the use should be 
consistent with the guidance found at http://www.letsmove.gov/logo-and-usage.
    (12) Submissions must be original, be the work of the Contestant, 
and must not violate the rights of other parties. Each Contestant 
represents and warrants that Contestant is the sole author and owner of 
the Submission, or if not the sole owner has received a Copyright 
Release from the author of the Submission, that the Submission is 
wholly original with the Contestant or individual who has signed the 
Copyright Release, that it does not infringe any copyright or any other 
rights of any third party of which the Contestant is aware, and is free 
of malware.
    (13) The Administrator has the right to request access to the Video 
file to verify any criteria about the Submission.
    (14) The Video must not contain any material that is inappropriate, 
indecent, obscene, hateful, defamatory, slanderous, libelous, or in any 
way disparaging. The Video must not contain any material that promotes 
bigotry, racism, hatred, or harm against any group or individual, or 
that promotes discrimination based on race, sex, religion, nationality, 
disability, sexual orientation, or age. Submissions containing any of 
the listed prohibited material or any matter which in the sole 
discretion of the Sponsor, Administrator and Judges is in obvious bad 
taste, which demonstrates a lack of respect for public morals or 
conduct, which disparages any individual or group of individuals, which 
contains messaging that is inconsistent with the Let's Move goal to 
reverse the trend of childhood obesity or with the 2010 Dietary 
Guidelines for Americans and MyPlate, or which adversely affects the 
reputation of the Sponsor will not be accepted. If the Sponsor, 
Administrator, or Judges, in their discretion, find any Submission to 
be unacceptable, then such Submission shall be deemed disqualified.
    (15) All Submissions must be in English.
    (16) The Video cannot have been submitted previously in a promotion 
or contest of any kind.
    (17) The Video should not include any personal identification 
information about those in the Video (e.g., full name, address, social 
security number, birth date, etc.).
    (18) The Video must not contain material that violates or infringes 
another's rights, including but not limited to privacy, publicity, or 
intellectual property rights, or material that constitutes copyright or 
license infringement.

[[Page 7119]]

    (19) The Video must not contain material that violates any 
applicable law.
    c. Rights To Use Submissions:
    Each Contestant grants to Let's Move, USDA, and others acting on 
behalf of Let's Move and USDA, an irrevocable, royalty-free, non-
exclusive worldwide license to use, copy for use, distribute, display 
publicly, perform publicly, create derivative works, and license others 
to do so for the purpose of the Challenge and/or for the purpose of 
educating the public about reversing childhood obesity and/or the three 
areas of interest, healthy eating, physical activity, and/or access to 
healthy affordable food, until five years after the announcement of 
winners. This license includes posting or linking to the Submission on 
the official Let's Move, USDA, and Administrator Web sites and making 
it available for use by the public.

5. Display of Submissions and Public Voting To Determine the Popular 
Choice Winner in Each Category

    Submissions will be posted on Communities.Challenge.gov on a 
rolling basis after being screened by the Sponsor and Administrator for 
eligibility, accuracy of messaging, and compliance with all Submission 
requirements described in Section 4. Submissions will not be posted 
until the completed Image Release Forms and Copyright Release Form are 
received, as described in Section 4b. All Contestants will have equal 
access to Submissions posted on the Web site. Non-Contestants 
interested in the Challenge are also encouraged to register on 
Communities.Challenge.gov. Registration will be required in order to 
receive updates on the Challenge and to vote on your favorite 
Submissions to determine the Popular Choice winner. The public voting 
will take place between on or about February 11, 2012 at 10 a.m. EST 
and May 11, 2012 at 5 p.m. EDT.
    Public voting will occur daily throughout the Challenge Submission 
Period. While Submissions will be accepted at any time during the 
Challenge Submission Period, Contestants should be aware that as a 
result of daily voting, earlier entered Submissions may have a higher 
chance of winning the popular choice award.
    Each registered visitor is able to place one vote per day. There 
will be one Popular Choice award. In the event of a tie, an internal 
panel will choose the winner. 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 Submission per day or to use an 
automated vote process will subject all votes from the person to 
disqualification. If a Contestant receives multiple and/or irregular 
votes from the same user or users, including but not limited to votes 
generated by a robotic, programmed, script, macro, other automated 
means or other source, the Sponsor and/or Administrator reserves the 
right to disqualify the Contestant in their sole discretion. If the 
voting process fails to operate properly or appears to be tampered with 
or tainted with errors, fraud, or unfair practices, the Sponsor and 
Administrator in their sole discretion reserve the right to use another 
means to determine the Popular Choice winner (e.g., appointing a panel 
of judges).
    Contestants may not pay people or provide any other type of 
consideration in exchange for votes, and any Contestant who violates 
this rule will be disqualified. Public votes may be displayed on the 
Challenge Web site, on a real-time basis, before being verified for 
integrity. These unverified votes do not necessarily reflect accurately 
the Popular Choice winner. The Popular Choice winner will be the 
Contestant who is contacted directly by the Administrator or Sponsor 
after votes have been verified. Sponsor reserves the right to modify 
the voting period at any time for any reason.

6. Judges and Winner Selection

    A judging panel will be selected by the Sponsor and consist of 5-9 
experts, all of whom will be Federal employees. Judges will be from 
Let's Move, USDA-CNPP, USDA-CFBNP, and the U.S. Department of Health 
and Human Services Center for Faith-Based and Neighborhood 
Partnerships. The judging panel will judge the Submissions on the 
criteria identified below to select the First prize and Honorable 
Mention winners. All judging will take place between on or about April 
16, 2012 at 10 a.m. EDT and on or about May 11, 2012 at 5 p.m. EST.
    The following information details the commitment of judges:
     Judges will be fair and impartial.
     A judge may not have a personal or financial interest in, 
or be an employee, officer, director, or agent of any entity that is a 
Contestant in the Challenge. Nor may a judge be an immediate family 
member of an officer, director, or agency of any entity that is a 
Contestant in the Challenge.
     Judges will fully comply with all applicable government 
ethics requirements for Federal employees. If questions arise about the 
applicability of or compliance with ethics requirements, judges are 
encouraged to consult with their designated agency ethics officer.

Odds of winning depend on the number of eligible Submissions received 
and the quality of Submissions. Odds of winning the popular choice 
award may also be affected by the timing of entry.

First Prize and Honorable Mention Awards

    The judging panel will evaluate each Submission on the following 
three criteria:
    Quality of the Idea: Video must convey at least one of the three 
Let's Move areas of interest: Healthy eating, physical activity, and/or 
access to healthy affordable food. Submissions that connect to multiple 
areas of interest are especially encouraged. The video should also have 
a clear connection to the mission of Let's Move. The idea or program 
highlighted in the video should be creative, and should involve a 
collective group effort focused on the wellness of children. At some 
point in the video Contestant's must direct viewers to www.letsmove.gov 
for more information.
    Communication of the Idea: Video should include content that is 
compelling and instructive. The video should also offer clear visual 
and audio quality, encourage team-building and collaboration, and not 
compromise the health or safety of the video participants.
    Potential Impact of the Idea: The idea or program represented in 
the video should be replicable by other entities, and adaptable to a 
variety of settings and resource levels. The idea or program 
represented in the video should be sustainable, and support positive 
behaviors to reduce childhood obesity. The video should include 
personal accounts (for example, testimonials, success stories, or 
individual reports) conveying how the idea or program highlighted has 
impacted health and wellness.
    The eight (8) Contestants whose Submissions earn the highest and 
second, third, fourth, fifth, sixth, seventh, and eighth-highest 
overall scores will win, respectively, First Prize and Honorable 
Mention prizes identified below in Section 8. In the event of a tie, 
winners will be selected based on the criteria described in (1), then 
(2), and finally (3). If there is still a tie then the winner will be 
selected based on a vote by the judging panel.

7. Verification of Potential Winners

    All potential challenge winners are subject to verification by 
sponsor and/or administrator whose decisions are final and binding in 
all matters related to the

[[Page 7120]]

challenge. 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 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 
a prize. 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, the potential 
winner forfeits prize. In the event that a potential winner of a 
Challenge prize is disqualified for any reason, Sponsor may award the 
applicable prize to the Contestant whose Submission earned the highest 
score of the remaining of the eligible entries.

8. Prizes

----------------------------------------------------------------------------------------------------------------
                   Winner                                              Prize                            Quantity
----------------------------------------------------------------------------------------------------------------
First Prize.................................   An invitation for up to two representatives             1
                                               from the Contestant to attend a Let's Move related
                                               event in Washington, D.C.
                                               Contestant will be provided the opportunity to
                                               present its winning Video at the event..
                                               A $1,000 travel stipend.......................
                                               Contestant's winning Video will be featured on
                                               the Let's Move Web site..
----------------------------------------------------------------------------------------------------------------
Popular Choice..............................   An invitation for up to two representatives             1
                                               from the Contestant to attend a Let's Move related
                                               event in Washington, DC.
                                               Contestant will be provided the opportunity to
                                               present its winning Video at the event..
                                               A $1,000 travel stipend.......................
                                               Contestant's winning Video will be featured on
                                               the Let's Move website..
Honorable Mentions..........................   An invitation for up to two representatives             7
                                               from the Contestant to attend a Let's Move related
                                               event in Washington, DC.
                                               Videos will be featured on the Let's Move Web
                                               site..
----------------------------------------------------------------------------------------------------------------

Prizes may be added or increased up until April 6, 2012. Sponsor may 
award less than the stated number of prizes if not enough eligible and 
verifiable Submissions are received. All Federal, state and local taxes 
are the sole responsibility of the winner.
    After prizes are awarded and the Challenge is completed, Sponsor 
and judges may, with a Contestant's approval, independently consider 
further developing winning submissions for educational or other 
purposes.
    Prizes will be awarded to organizations, and it will be up to the 
winning organizations and their representatives to allocate the prize 
appropriately.

9. Entry Conditions and Release

    By entering, each Contestant agrees to:
    (a) Comply with and be bound by these Official Rules and the 
decisions of the Sponsor, Administrator, and judges which are binding 
and final in all matters relating to this Challenge;
    (b) Assume any and all risks and waive claims against the Federal 
Government and its related entities, except in the case of willful 
misconduct, for any injury, death, damage, or loss of property, 
revenue, or profits, whether direct, indirect, or consequential, 
arising from the Contestant's participation in the Challenge, whether 
the injury, death, damage, or loss arises through negligence or 
otherwise. In this paragraph, ``related entity'' means a contractor or 
subcontractor at any level, and a supplier, user, customer, cooperating 
party, grantee, investigator, or detailee. Provided, however, that 
Contestants are not required to waive claims arising out of the 
unauthorized use or disclosure by the Sponsor and/or Administrator of 
the intellectual property, trade secrets, or confidential business 
information of the Contestant;
    (c) Be responsible for obtaining their own liability insurance to 
cover claims by any third party for death, bodily injury, or property 
damage, or loss resulting from an activity carried out in connection 
with participation in the Challenge, and claims by the Federal 
Government for damage or loss to Government property resulting from 
such an activity; and
    (d) Indemnify the Federal Government against third party claims for 
damages arising from or related to Challenge activities.

10. Publicity

    Except where prohibited, participation in the Challenge constitutes 
the winning Contestants' consent to the use of its name, description, 
key program details, opinions, and/or hometown and state by the Sponsor 
and its agents for promotional purposes in any media, worldwide, 
without further payment or consideration.

11. General Conditions

    Sponsor and Administrator reserve the right to cancel, suspend and/
or modify the Challenge, or any part of it, if any fraud, technical 
failures, or any other factor impairs the integrity or proper 
functioning of the Challenge.
    Sponsor and/or Administrator reserve the right in their sole 
discretion to disqualify Contestant it finds to be tampering with the 
entry process or the operation of the Challenge 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 Challenge may be 
a violation of criminal and civil law, and, should such an attempt be 
made, Sponsor and/or Administrator reserves the right to seek damages 
from any such person to the fullest extent permitted by law. Sponsor 
and/or Administrator's failure to enforce any term of these Official 
Rules shall not constitute a waiver of that provision. Sponsor and 
Administrator 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 email account and name, 
using another Contestant's email account and name, as well as those 
lost for technical reasons or otherwise.

12. Limitations of Liability

    The Sponsor and Administrator are not responsible for:
    a. 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 Challenge;

[[Page 7121]]

    b. Technical failures of any kind, including, but not limited to 
malfunctions, interruptions, or disconnections in phone lines or 
network hardware or software;
    c. Unauthorized human intervention in any part of the entry process 
or the Challenge;
    d. Technical or human error which may occur in the administration 
of the Challenge or the processing of entries; or
    e. 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 Challenge 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 Challenge.

13. Disputes

    Contestant agrees that:
    a. Any and all disputes, claims and causes of action arising out of 
or connected with this Challenge, or any prizes awarded, other than 
those concerning the administration of the Challenge or the 
determination of winners, shall be resolved individually, without 
resort to any form of class action;
    b. Any and all disputes, claims and causes of action arising out of 
or connected with this Challenge, or any prizes awarded, shall be 
resolved exclusively in an appropriate judicial or administrative forum 
of the United States; and
    c. 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. All issues 
and questions concerning the construction, validity, interpretation and 
enforceability of these Official Rules, or the rights and obligations 
of the Contestant and Sponsor in connection with the Challenge, shall 
be governed by, and construed in accordance with, the laws of the 
United States Federal Government, without giving effect to any choice 
of law or conflict of law rules that would cause the application of the 
laws of any jurisdiction other than the United States Federal 
Government.

14. Privacy

    Sponsor collects personal information from you when you enter the 
Challenge. The information collected is subject to the ChallengePost 
privacy policy located at www.challengepost.com/privacy.

15. Challenge Results

    For Challenge results, go to Communities.Challenge.gov on or about 
June 1, 2012.

16. Questions

    For questions about these Official Rules contact USDA Center for 
Nutrition Policy and Promotion at (703) 305-7600 and include 
``Communities on the Move'' in the subject line.

    Dated: February 6, 2012.
Raj Anand,
Executive Director, Center for Nutrition Policy and Promotion.
[FR Doc. 2012-3079 Filed 2-9-12; 8:45 am]
BILLING CODE 3410-30-P