[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Notices]
[Pages 64802-64808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25979]


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FEDERAL TRADE COMMISSION


Robocall Challenge

AGENCY: Federal Trade Commission.

ACTION: Notice; Public challenge.

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SUMMARY: The Federal Trade Commission (FTC) announces a prize 
competition that challenges the public to create innovative solutions 
to block illegal robocalls.

DATES: The Submission Period is October 25, 2012 (5:00 p.m. Eastern 
Time) to January 17, 2013 (5:00 p.m. Eastern Time). The Judging Period 
is January 17, 2013 (5:00 p.m. Eastern Time) to March 31, 2013 (5:00 
p.m. Eastern Time). Winners will be announced on or around April 1, 
2013.

FOR FURTHER INFORMATION CONTACT: Kati Daffan, 202-326-2727, Division of 
Marketing Practices, Bureau of Consumer Protection, FTC, H-286, 600 
Pennsylvania Ave. NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: The FTC Robocall Challenge (the 
``Competition'') is an initiative of the Federal Trade Commission 
(``FTC'') challenging the public to create innovative solutions that 
will block illegal robocalls on landlines and mobile phones. The vast 
majority of telephone calls that deliver a prerecorded message trying 
to sell something to the recipient are illegal. The FTC regulates these 
calls under the Telemarketing Sales Rule. See 16 CFR 310.4(b)(1)(v). 
The Competition is intended to provide recognition to individuals, 
teams of individuals, for-profit legal entities and/or non-profit 
organizations (collectively, ``Contestants'') for developing proposed 
technical solutions or functional solutions and proofs of concepts that 
can block illegal robocalls (each a ``Solution'').
    The Competition is subject to all applicable laws and regulations 
and is void where prohibited. Participation constitutes Contestant's 
full and unconditional agreement to these Official Rules and to 
decisions of the Sponsor and Administrator (as defined below), which 
are final and binding in all matters related to the Competition. 
Winning a prize is contingent upon fulfilling all requirements set 
forth in the Official Rules.

1. Sponsor and Administrator

    Sponsor: Federal Trade Commission, 600 Pennsylvania Avenue NW., 
Washington, DC 20580.
    Administrator: ChallengePost, Inc., 425 W. 13th Street, Suite 
504, New York, NY 10014, USA.

2. Competition Schedule

    The Submission Period is October 25, 2012 (5:00 p.m. Eastern Time) 
to January 17, 2013 (5:00 p.m. Eastern Time). The Judging Period is 
January 17, 2013 (5:00 p.m. Eastern Time) to March 31, 2013 (5:00 p.m. 
Eastern Time). Winners will be announced on or around April 1, 2013.

3. Eligibility

    A. Pursuant to the America Creating Opportunities to Meaningfully 
Promote Excellence in Technology, Education, and Science 
Reauthorization Act of 2010, 15 U.S.C. 3719, the Competition is open 
only to:
    (i) Individuals who are at least 18 years of age at the time of 
entry, and are citizens or permanent residents of the United States as 
of the time of entry;
    (ii) teams of eligible individuals where each team member meets the 
eligibility requirements for individual Contestants; and
    (iii) corporations (including not-for-profit corporations and other 
nonprofit organizations), limited liability companies, partnerships, 
and other legal entities that, at the time of entry, are incorporated 
in, and maintain a primary place of business in, the United States, and 
(a) employ fewer than ten (10) people (``Small Organizations''); or (b) 
employ 10 or more people (``Large Organizations'').
    Large Organizations may compete only for the ``Federal Trade 
Commission Technology Achievement Award,'' and are not eligible to 
compete for the Best Overall Solution Award.
    B. Contestants must own or have access at their own expense to a 
computer, an Internet connection, and any other electronic devices, 
documentation, software or other items that Contestants may deem 
necessary to create and enter their Submission.
    C. Each team, Small Organization, or Large Organization shall 
appoint one individual (the ``Representative'') to represent and act, 
including registering and entering a Submission, on behalf of said 
team, Small Organization, or Large Organization. The Representative 
must meet the eligibility requirements for an individual Contestant and 
must be duly authorized to submit on behalf of the team, Small 
Organization, or Large Organization. The Representative represents and 
warrants that (i) he/she is duly authorized to act on behalf of the 
team, Small Organization, or Large Organization; and that (ii) each 
member of the team (or in the case of Small Organization or Large 
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, Small Organization, or Large 
Organization reads, agrees to, and complies with the Official Rules.
    D. An individual may join more than one team, Small Organization, 
or Large Organization, and an individual who is part of a team, Small 
Organization, or Large Organization may also enter the Competition on 
an individual basis.

[[Page 64803]]

    E. The following individuals, teams, Small Organizations and Large 
Organizations are not eligible regardless of whether or not they meet 
the criteria set forth above:
    (i) The Sponsor, the Administrator, and any advertising agency, 
contractor or other organization involved with the design, production, 
promotion, execution, or distribution of the Competition (collectively 
``Promotion Entities''); all employees, representatives and agents of 
such Promotion Entities; and all members of any such employee, 
representative or agent's immediate family or household;
    (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 organization or individual that employs any Judge or that 
otherwise has a material business relationship or affiliation with any 
Judge;
    (iv) any Federal entity or Federal employee acting within the scope 
of their employment, or as may otherwise be prohibited by Federal law 
(employees should consult their agency ethics officials);
    (v) any individual, team, or organization that used Federal 
facilities or consulted with Federal employees to develop their 
Solution, unless the facilities and employees were made available to 
all Contestants participating in the Competition on an equitable basis; 
and
    (vi) any individual, team, or organization that used Federal funds 
to develop their Solution, 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 Competition, 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 Solution for this Challenge.
    F. 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 who shares the same residence as such individual for at least 
three (3) months out of the year.

4. Competition Submission Period

    A. Contestants may enter a Submission between October 25, 2012, at 
5:00pm Eastern Time and January 17, 2013, at 5:00pm Eastern Time (the 
``Competition Submission Period''). The Administrator's computer is the 
official time keeping device for this Competition.
    B. Any Submission entered following the Competition Submission 
Period shall be disqualified.

5. Registration and Submission

A. Registration

    (i) Beginning at 5:00pm Eastern Time on October 25, 2012, visit 
http://Robocall.Challenge.gov (the ``Competition Web site'') and click 
``Sign Up'' to create a ChallengePost account, or click ``Log In'' and 
log in with an existing ChallengePost account. There is no charge for 
creating a ChallengePost account.
    (ii) After a Contestant signs up on the Competition Web site a 
confirmation email will be sent to the email address provided by the 
Contestant. The Contestant must use the confirmation email to verify 
their email address.
    (iii) Contestants should indicate their agreement in participating 
by clicking ``Accept this Challenge'' on the Competition Web site in 
order to receive important Competition updates.
    (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, Small Organization, or Large 
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.

B. Submission

    (i) Develop a Solution that will block illegal robocalls. The 
Solution should block robocalls on landlines and mobile phones and can 
operate on a proprietary or non-proprietary device or platform.
    (ii) Create a technical proposal describing how the Solution 
functions, or would function, if implemented (the ``Proposal''). 
Solutions can be proposed as technical solutions or functional 
solutions and proofs of concept. The Proposal should specifically 
address each of the three evaluation criteria described below in 
Section 10. The Proposal must be no longer than 15 pages. Proposals 
will only be viewable by the authorized employees, officials, or agents 
or the Sponsor, Administrator, and judges, and shall not be disclosed 
except as permitted or required by law.
    (iii) During the Competition Submission Period, Contestant must 
visit the Competition Web site and confirm that it has or, if 
Contestant is a Representative, all members of the team, Small 
Organization or Large Organization have, read and agreed to the 
Official Rules.
    Then, the Contestant must submit:
    a. The name of the Solution;
    b. a brief text description of the Solution;
    c. at least one image representative of the Solution; and
    d. a file upload of the Proposal.
    Additionally, the Contestant may submit for consideration:
    e. a link to a publicly available video on Youtube.com or Vimeo.com 
demonstrating a Solution on a device or emulator, or describing how the 
proposed Solution would work, if implemented.
    Paragraphs a-e above are collectively a ``Submission.''
    (iv) For clarity's sake, the name, text description, image, file 
upload, video link, and Web site or installation file link must all be 
submitted at the same time on the Competition Web site. All Submissions 
must be received by no later than 5:00 p.m. Eastern Time on January 17, 
2013.
    (v) Contestants that are a Small Organization or Large Organization 
must indicate as much when entering a Submission.

6. Submission Requirements

A. Language Requirements

    Submissions, including the Proposal, text description, and video or 
software application interface (if applicable) must be in English, 
except that textual material in a language other than English will be 
accepted if accompanied by an English translation of that text.

B. Image, Video and Text Description Requirements

    (i) The text description must describe how the Solution functions 
or would function, if implemented. The text description will be 
displayed publicly on the Competition Web site and should not include 
proprietary information.
    (ii) The image should be a photograph, screenshot or diagram that 
is representative of the Solution. The

[[Page 64804]]

image(s) will be displayed publicly on the Competition Web site and 
should not include proprietary information.
    (iii) Any video included with the Submission:
    a. Must be no longer than five (5) minutes;
    b. should clearly demonstrate a Solution on a device or emulator, 
or describe technically how the proposed Solution would work, if 
implemented;
    c. should demonstrate usability or illustrate dynamic processes;
    d. should not include proprietary information (the video will be 
displayed publicly on the Competition Web site); and
    e. must not include music or other copyrighted material unless the 
Contestant has written permission to use such material
    (iv) If the video is primarily promotional, rather than a technical 
demonstration of the Solution, the video may be removed from 
consideration, or the Submission may be disqualified at the Sponsor's 
and/or Administrator's sole discretion.
    (v) All individuals that appear in a Video, including the 
Contestant, must complete and sign the Video Consent Form, which the 
Contestant must keep on file for three (3) years after the close of the 
submission period. If a minor appears in the Video, the minor's parent/
legal guardian must also sign the Video Consent Form. The Sponsor may 
request a copy of the consent form at any point up to three (3) years 
after the close of the submission period.

C. Solution Requirements

    In addition to the requirements described above in Section 5(B):
    (i) Solutions may utilize robocall complaint data provided by the 
Sponsor. Contestants may access such data by completing the Data 
Request Form on the Competition Web site. Any attempt, successful or 
otherwise, to re-identify such data, or to combine or merge it with any 
other data or information that is individually identifiable, is 
strictly prohibited, shall be grounds for disqualification from the 
Competition, and may be subject to law enforcement investigation or 
proceedings, as appropriate and authorized. Use of the robocall 
complaint data is NOT required and preference will NOT be given to 
Contestants solely on the basis of choosing to use the data in their 
Solution.
    (ii) The Contestant may offer the Solution to the public for free 
or charge a fee for it.
    (iii) Any Solution that was publicly available prior to the start 
of the Competition Submission Period is not eligible for entry in the 
Competition, unless (I) the Solution submitted incorporated significant 
new functionality, features and changes after the start of the 
Competition Submission Period; and (II) such new functionality, 
features and changes were not previously available in the version of 
the Solution publicly accessible prior to the start of the Competition. 
Contestants must indicate at the time of entry that the Solution 
existed prior to the Competition and describe the new functionality 
that has been added.

D. General Requirements

    (i) Submissions must not:
    a. Violate applicable law;
    b. depict hatred;
    c. be in bad taste;
    d. denigrate (or be derogatory towards) any person or group of 
persons or any race, ethnic group or culture;
    e. threaten a specific community in society, including any specific 
race, ethnic group or culture;
    f. incite violence or be likely to incite violence;
    g. contain vulgar or obscene language or excessive violence;
    h. contain pornography, obscenity or sexual activity; or
    i. disparage the Sponsor.
    (ii) Submissions must not attempt to duplicate a prior Submission 
already submitted in this Competition. Sponsor or Administrator 
reserves the right in its sole discretion to disqualify any Submission 
that is a duplicate or substantially similar to another Submission.
    (iii) 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. Submission not complying with these requirements may be 
disqualified.

 E. Additional Terms

    (i) Once a Submission has been submitted, Contestant may not make 
any changes or alterations to the Submission.
    (ii) A Contestant may submit more than one Submission. However, 
each Submission must be unique, as determined by Sponsor and/or the 
Administrator in their sole discretion. 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) By entering a Submission, Contestant represents, warrants and 
agrees that the Submission is the original work of the Contestant and 
complies with the Official Rules. Contestant further represents, 
warrants and agrees that any use of the Submission by the Sponsor, 
Administrator and/or Judges (or any of their respective partners, 
subsidiaries and affiliates) as authorized by these Official Rules, 
shall not:
    a. Infringe upon, misappropriate or otherwise violate any 
intellectual property right or proprietary right including, without 
limitation, any statutory or common law trademark, copyright or patent, 
nor any privacy rights, nor any other rights of any person or entity;
    b. constitute or result in any misappropriation or other violation 
of any person's publicity rights or right of privacy.

7. Submission Rights

    A. Subject to the licenses described below, any applicable 
intellectual property rights to a Submission will remain with the 
Contestant.
    B. By entering the Submission to this Competition, Contestant 
grants to the Sponsor and the Administrator, and any third parties 
acting on behalf of the Sponsor and/or the Administrator, a non-
exclusive, irrevocable, royalty free and worldwide license to use the 
Submission, any information and content submitted by the Contestant, 
and any portion thereof, and to display the Solution name, text 
description, video, and images (but not the Proposal), on the 
Competition Web site, during the Competition and for 36 months after 
its conclusion. Sponsor and the Administrator, and any third parties 
acting on their behalf will also have the right to publicize 
Contestant's name and, as applicable, the names of Contestant's team 
members, Small Organization, or Large Organization which participated 
in the Submission (the ``Contestant Names'') on the Competition Web 
site, and in any media whatsoever, for advertising and publicity 
purposes relating to the Competition, during the Competition and for 
three (3) years thereafter.

8. Display of Submissions

    A. Eligible Submissions will be posted on the Competition Web site 
on a rolling basis after being screened and/or tested by the 
Administrator for basic functionality, accuracy of messaging, integrity 
(i.e., security) and appropriateness of content. The title, text 
description, images, and video (if submitted), will be displayed 
publicly on the Competition Web site. The Proposal will only be 
viewable by

[[Page 64805]]

authorized employees, officials, and agents of the Sponsor, 
Administrator and judges, and shall not be disclosed except as 
permitted or required by Federal law.
    B. Posting of a Submission to the Competition Web site does not 
constitute a final determination by the Sponsor and/or Administrator 
that the Submission is eligible and met requirements.
    C. Non-Contestants interested in the Competition may obtain updates 
on the Competition by creating an account on the Competition Web site 
or by logging in using an existing ChallengePost account. Additionally, 
such registered visitors (``Registered Visitors'') will be able to 
comment on the text description of the proposal and other publicly 
available items, if any. The Administrator may moderate and remove 
comments for spam or other inappropriate use.

9. Winner Selection and Judging Criteria

    A. All Submissions will be judged by an expert panel of impartial 
judges (the ``Judges'') selected by the Sponsor and the Administrator. 
Such Submissions may initially be screened by a qualified internal 
panel selected by the Sponsor at its sole discretion. The internal 
panel will judge these Submissions on the criteria identified in these 
Official Rules to select finalist Submissions. Finalist Submissions 
will then be judged by the expert judging panel determined by the 
Sponsor and identified on the Competition Web site. The Sponsor and the 
Administrator reserve the right to substitute or modify the judging 
panel, or extend or modify the Judging Period, 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.
    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 in these Official Rules.

10. Best Overall Solution Prize

A. Criteria

(i) Does it work? (50%)
     How successful is the proposed solution likely to be in 
blocking illegal robocalls? Will it block wanted calls? An ideal 
solution blocks all illegal robocalls and no calls that are legally 
permitted. (For example, automated calls by political parties, 
charities and health care providers, as well as reverse 911 calls, are 
not illegal robocalls.)
     How many consumer phones can be protected? What types of 
phones? Mobile phones? Traditional wired lines? VoIP land lines? 
Proposals that will work for all phones will be more heavily weighted.
     What evidence do you already have to support your idea? 
Running code? Experiments? Peer-reviewed publications?
     How easy might it be for robocallers to adapt and counter 
your scheme? How flexible is your scheme to adapt to new calling 
techniques? How have you validated these points? Remember that the real 
test of a security system is not whether or not you can break it; it's 
whether or not the other folks can.
(ii) Is it easy to use? (25%)
     How difficult would it be for a consumer to learn to use 
your solution?
     How efficient would it be to use your solution, from a 
consumer's perspective?
     Are there mistakes consumers might make in using your 
solution, and how severe would they be?
     How satisfying would it be to use your solution?
     Would your solution be accessible to people with 
disabilities?
(iii) Can it be rolled out? (25%)
     What has to be changed for your idea to work? Can it 
function in today's marketplace? (E.g., Does it require changes to all 
phone switches world-wide, and require active cooperation by all of the 
world's phone companies and VoIP gateways, or can it work with limited 
adoption?) Solutions that are deployable at once will be more heavily 
weighted, as will solutions that give immediate benefits with even 
small-scale deployment.
     Is deployment economically realistic?
     How rapidly can your idea be put into production?
    B. In order to be considered for the Prize, submissions must 
satisfy each required category (i.e., explain how the submission works, 
is easy to use, and can be rolled out). The one (1) Contestant whose 
Submission earns the highest overall scores will become the potential 
winner of the Prize identified below in Section 13. If the Judges 
determine that no one satisfies each required category, no one will be 
deemed eligible for the Prize.
    C. In the event of a tie between or among two or more Submissions, 
the Prize identified below in Section 13 will be divided equally 
between the tied Contestants with the highest overall scores.
    D. Large Organizations are not eligible to compete for or win the 
Best Overall Solution Prize.

11. Federal Trade Commission Technology Achievement Award

A. Criteria

(i) Does it work? (50%)
     How successful is the proposed Solution likely to be in 
blocking illegal robocalls? Will it block wanted calls? An ideal 
solution blocks all illegal robocalls and no calls that are legally 
permitted. (For example, automated calls by political parties, 
charities and health care providers, as well as reverse 911 calls, are 
not illegal robocalls.)
     How many consumer phones can be protected? What types of 
phones? Mobile phones? Traditional wired lines? VoIP land lines? 
Proposals that will work for all phones will be more heavily weighted.
     What evidence do you already have to support your idea? 
Running code? Experiments? Peer-reviewed publications?
     How easy might it be for robocallers to adapt and counter 
your scheme? How flexible is your scheme to adapt to new calling 
techniques? How have you validated these points? Remember that the real 
test of a security system is not whether or not you can break it; it's 
whether or not the other folks can.
(ii) Is it easy to use? (25%)
     How difficult would it be for a consumer to learn to use 
your solution?
     How efficient would it be to use your solution, from a 
consumer's perspective?
     Are there mistakes consumers might make in using your 
solution, and how severe would they be?
     How satisfying would it be to use your solution?
     Would your solution be accessible to people with 
disabilities?
(iii) Can it be rolled out? (25%)
     What has to be changed for your idea to work? Can it 
function in today's marketplace? (E.g., Does it require changes to all 
phone switches world-wide, and require active cooperation by all of the 
world's phone companies and VoIP gateways, or can it work with limited 
adoption?) Solutions that are deployable at once will be more heavily 
weighted, as will solutions that give immediate benefits with even 
small-scale deployment.
     Is deployment economically realistic?

[[Page 64806]]

     How rapidly can your idea be put into production?
    B. In order to be considered for the Prize, submissions must 
satisfy each required category (i.e., explain how the submission works, 
is easy to use, and can be rolled out). The one (1) Large Organization 
Contestant whose Submission earns the highest overall score for the 
Federal Trade Commission Technology Achievement Award will become the 
potential winner of the non-cash Prize identified below in Section 13. 
If the Judges determine that no one satisfies each required category, 
no one will be deemed eligible for the Prize. In the event of a tie 
between or among two or more Submissions for the Federal Trade 
Commission Technology Achievement Award, each of the tied Submissions 
with the highest overall scores will be named as winners of the Federal 
Trade Commission Technology Achievement Award.
    C. The likelihood of a Large Organization being selected to win the 
Federal Trade Commission Technology Achievement Award depends on the 
number and quality of eligible Submissions made by Large Organizations.

12. Verification of Potential Winners

    A. ALL POTENTIAL COMPETITION WINNERS ARE SUBJECT TO VERIFICATION OF 
IDENTITY, QUALIFICATIONS AND ROLE IN THE CREATION OF THE SOLUTION BY 
THE SPONSOR AND THE 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 throughout the Competition and Judging Period. Potential winners 
will be notified using the email address associated with the 
ChallengePost account used to enter the Submission on or about April 1, 
2013. For sake of clarity, if a potential winner is a team, Small 
Organization or Large Organization, the notification will only be sent 
to the Representative. In order to receive a Prize, the potential 
winner will be required to sign and return to the Administrator 
affidavit(s) of eligibility or a similar verification document and 
liability/publicity release(s) within ten (10) business days. (If a 
potential winner is a team, Small Organization or Large Organization, 
the Representative and all participating members must sign and return 
to the Administrator said affidavit(s) of eligibility or a similar 
verification document and liability/publicity release(s) within ten 
(10) business days.)
    B. At the sole discretion of the Sponsor and Administrator, a 
potential winner may be deemed ineligible to win if:
    (i) the potential winner (or in the case of a team, Small 
Organization or Large Organization, their Representative) cannot be 
contacted within seven (7) business days, or is contacted and refuses 
the Prize;
    (ii) the potential winner (or in the case of a team, Small 
Organization or Large Organization, their Representative or any 
participating member) fail(s) to sign and return the affidavit(s) of 
eligibility or a similar verification document and liability/publicity 
release(s) within ten (10) business days from receipt of such 
documents;
    (iii) the Prize or Prize notification is returned as undeliverable; 
or
    (iv) the Submission or the potential winner, or any member of a 
potential winner's team or organization, is disqualified for any other 
reason. In the event of such disqualification, Sponsor and 
Administrator at their sole discretion may award the applicable Prize 
to an alternate potential winner. The disqualification of one (or more) 
team members (or, in the case of Small Organizations and Large 
Organizations, any participating members) from further consideration in 
this Competition for any reason may result in the disqualification of 
the entire team, Small Organization or Large Organization and of each 
participating member at the sole discretion of the Sponsor and/or 
Administrator.

13. Prizes

------------------------------------------------------------------------
              Winner                         Prize             Quantity
------------------------------------------------------------------------
Best Overall Solution............  US$50,000...............            1
                                   Travel for no more than
                                    two representatives
                                    from the winning team
                                    or organization to
                                    Washington, DC to
                                    present the winning
                                    Solution.
Federal Trade Commission           Recognition only........            1
 Technology Achievement Award.
------------------------------------------------------------------------

    A. If no eligible Submissions are entered in the Competition, the 
Prize will not be awarded. 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. The Prize may be mailed to the winning 
Contestant's or, if a Small Organization is selected as a prize winner, 
the Representative's address within 45 days of receipt of the signed 
affidavit(s) of eligibility or a similar verification document and 
liability/publicity release(s) form(s). If a team or a Small 
Organization is selected as a Prize-winner, the associated Prize may be 
shipped to said team or Small Organization's Representative. It will be 
the responsibility of the winning team or Small Organization's 
Representative to allocate the Prize amongst its team or Small 
Organization members, as the Representative deems it appropriate.
    B. Winners (and in the case of team or Organization, all 
participating members) are responsible for reporting and paying all 
applicable federal, state, and local taxes. It is the sole 
responsibility of Prize winners of US$600 or more to provide certain 
information to the Sponsor and Administrator in order to facilitate 
receipt of the award, including completing and submitting any tax forms 
when necessary and any applicable withholding and reporting 
requirements. The Sponsor and Administrator reserve the right to 
withhold a portion of the prize amount to comply with tax laws.
    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 may 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

[[Page 64807]]

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.

14. Entry Conditions and Release

    A. By entering, each Contestant (including, in the case of team, 
Small Organization and Large 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 Rules and decisions are binding and final in all matters relating 
to this Competition;
    (ii) release, indemnify, defend and hold harmless the Sponsor, 
Administrator, and their respective parent, subsidiary, and affiliated 
companies, 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 (hereafter the ``Released 
Parties'') from and against any and all claims, expenses, and 
liabilities (including reasonable attorneys' fees), 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 Submission or entry of a 
Submission, 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 
Submission as authorized or licensed by these Official Rules.
    B. Without limiting the foregoing, the Released Parties shall have 
no liability in connection with:
    (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 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 the Competition Web site;
    (iii) unauthorized human intervention in any part of the entry 
process or the Competition;
    (iv) technical or human error that may occur in the administration 
of the Competition or the processing of Submissions; or
    (v) any injury or damage to persons or property that 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.
    C. Based on the subject matter of the Competition, the type of work 
that it possibly will require, and the likelihood of any claims for 
death, bodily injury, or property damage, or loss potentially resulting 
from challenge participation, Participant is not required to obtain 
liability insurance or demonstrate fiscal responsibility in order to 
participate in this Competition.

15. Publicity

    Participation in the Competition constitutes a winner's consent to 
Sponsor's, and their agents' use of the winner's name, likeness, 
photograph, voice, opinions, comments and/or hometown and state of 
residence (and, as applicable, those of all other members of the team, 
Small Organization or Large Organization which participated in the 
Submission) for promotional purposes in any media, worldwide, without 
further payment or consideration, for a period of three years following 
the conclusion of the Competition.

16. 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 that the Sponsor or Administrator 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.
    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, Competition Web site, 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 of the Contestant, the 
Sponsor, and the Administrator. The Sponsor and Administrator will post 
the terms and conditions of the amended Official Rules on the 
Competition Web site (``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. Excluding Submissions, 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.
    G. Should any provision of these Official Rules be or become 
illegal or

[[Page 64808]]

unenforceable under applicable Federal law, such illegality or 
unenforceability shall leave the remainder of these Official Rules 
unaffected and valid. The illegal or unenforceable provision shall be 
replaced by a valid and enforceable provision that comes closest and 
best reflects the Sponsor's intention in a legal and enforceable manner 
with respect to the invalid or unenforceable provision.

17. Limitations of Liability

    By entering, all Contestants (including, in the case of a team, 
Small Organization or Large Organization, all participating members) 
agree to be bound by the Official Rules and hereby release the Released 
Parties from any and all liability in connection with the Prizes or 
Contestant's participation in the Competition. Provided, however, that 
any liability limitation regarding gross negligence or intentional 
acts, or events of death or body injury shall not be applicable in 
jurisdictions where such limitation is not legal.

18. Disputes

A. Contestants Agree 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 pursuant to Federal law;
    (iii) under no circumstances will Contestants be entitled to, and 
Contestants hereby waives all rights to claim, any punitive, incidental 
and consequential damages and any and all rights to have damages 
multiplied or otherwise increased.
    B. All issues and questions concerning the construction, validity, 
interpretation and enforceability of these Official Rules, or the 
rights and obligations of the Contestants, the Sponsor and the 
Administrator in connection with the Competition, shall be governed by, 
and construed in accordance with Federal law.

19. Privacy

    The Administrator collects personal information from you when you 
enter the Competition. The information collected is subject to the 
privacy policy located here: http://ChallengePost.com/privacy. The 
Administrator is authorized to share this information with the Sponsor 
in accordance with the Administrator's privacy policy.

20. Competition Results

    For Competition results, visit Competition Web site on or about 
April 1, 2013.

21. Contact Us

    If you have any questions or wish to send us any notice regarding 
this Competition, please email us at [email protected].

Jon Leibowitz,
Chairman.
[FR Doc. 2012-25979 Filed 10-22-12; 8:45 am]
BILLING CODE 6750-01-P