NewYork-Presbyterian Hospital InnovateNYP Open Challenge Official Rules – (the “Official Rules”)

NO ENTRY FEE IS REQUIRED 

The InnovateNYP Open Challenge (the “Open Challenge”) is a contest sponsored by NewYork-Presbyterian Hospital (“Sponsor” or “NYP”). Individuals and teams participating in the Open Challenge (individually, “Contestant”; collectively, “Contestants”) are invited to create prototypes and Applications leveraging the Open Challenge goals and information provided by NYP. Participation is entirely voluntary. Sponsor will not compensate any Contestant for time spent and tasks performed while participating in the Open Challenge.

Sponsor

The NewYork-Presbyterian Hospital located at 333 E. 38th St, New York, NY 11201. NYP is responsible for running, hosting, and sponsoring the Open Challenge.

Open Challenge Format and Schedule

The Open Challenge will be launched via webpage on Monday, May 18, 2015. The launch of the webpage on Monday, May 18, 2015 is the official start date and time of the Open Challenge. All Contestant(s) must be INDIVIDUALLY registered on the Open Challenge webpage in order to be eligible for participation in the Open Challenge.

The Open Challenge will run from Monday, May 18, 2015 to the submission deadline of Friday, July 24, 2015 at 11:59 PM EST.

The finalists will be announced in late July 2015. 

The finalists are required to present their submissions at an event in person in New York City at date, time and location TBD in order to be eligible to win the Open Challenge. At least one team member must be physically present at the event to provide the presentation of their team’s submission.

Finalists are responsible for bringing with them the equipment they require to present their submissions to the judging panel, i.e.—mobile device, laptop, tablet.

Microphone and projection audio/visual equipment will be provided at the event’s venue. Further details and specifications of the event space and audio/visual capabilities will be confirmed at a later date.

The event will be open to the public and all are welcome to attend in accordance with the venue's maximum capacity regulations.

Winners will be selected after the conclusion of all presentations and announced AT the event. All finalists are asked to please remain at the event until the announcement of the winning teams.

Eligibility

The Open Challenge is open to:

• individuals who are at least 18 years of age as of Monday, May 18, 2015; and
• teams of up to eight eligible individuals, where each team member meets the eligibility requirements (a “Team”).

Each Team shall appoint one individual to represent and act on behalf of the team, including entering a Submission.

• The following individuals are NOT eligible to participate in the Open Challenge, either individually or as a member of a Team, regardless of whether or not they meet the criteria set forth above:

1. any individual who at the time of the Open Challenge is involved with the design, production, promotion, execution, or distribution of the Open Challenge, including each member of any such individual’s immediate family or household; and
2. any individual whose participation in the Open Challenge would, in the determination of the Sponsor, create a conflict of interest.

•  For purposes of determining a member of an individual’s immediate family:

1. 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
2. members of an individual’s household include any other person that shares the same residence as such individual for at least three (3) months out of the year.

Registration

Registration:

Each individual desiring to become a Contestant, must register by visiting:

• The InnovateNYP: Open Challenge page (the “Open Challenge Website”), complete all personal and contact information, and click “Register”

Spaces will be offered on a first come first served basis. The Open Challenge Web Site will provide further details on the issues and problems that should be addressed during the Open Challenge, as well as, display the products created during the Open Challenge.

After an individual registers on each of the above-mentioned web sites, each individual must confirm that they have read and agree to the Official Rules.

Upon completion of the foregoing, each individual will receive confirmation that they are a Contestant for the Open Challenge.

During the Open Challenge, important updates will be posted to the Open Challenge Website(s).

Submission Requirements

• Contestants must create a working prototype of a software application (the “Application”) that addresses one or more of the issues and/or goals set forth by the Sponsor.
• All teams and participants are prohibited from working on their submissions on NewYork-Presbyterian Hospital premises.
• NewYork-Presbyterian Hospital employees may not work on their challenge submissions during their paid working hours.
• NewYork-Presbyterian Hospital employee use policies respecting hospital equipment and materials apply to this challenge.

Specific Requirements:

As part of the Application, each Contestant must submit items (1) through (5)(a) below:

1. the name of the Application.
2. a text description of the Application and its features.
3. Contestant name(s).
4. a list of data sets and/or APIs used in the Application.
5. the Application must be completed utilizing one of the following approved tools:
   • Balsamiq (mybalsamiq.com)
   • Axure (axure.com)
   • Invision (invisionapp.com)
   • Justinmind (justinmind.com)
   • FRAMER (framerjs.com)
   • Marvel (marvelapp.com)
   • MockFlow (mockflow.com)

(a)Sponsor is NOT responsible for any expenses incurred by Contestant associated with the use of any programs used to create the Application.

Items (1) through (5)(a) constitute the “Submission”. For sake of clarity, all parts of a Submission must be entered at the same time on the Open Challenge Website. All Submissions must be received by no later than 11:59pm EST on Friday, July 24, 2015.

Language Requirements:

All Submission materials must be in English.

Text Description:

The text description should describe the Application’s features.

The Application may utilize APIs and data from third parties, provided the Contestant has obtained written permission from such third parties to use such APIs or data in the manner utilized by the Application.  

General Requirements:

• Submissions must be newly created and developed during the Open Challenge.
• Submissions must not violate any law or regulation; depict hatred; be in bad taste; denigrate (or be derogatory towards) any person or group of persons or any race, ethnic group or culture; threaten a specific community in society, including any specific race, ethnic group or culture; incite violence or be likely to incite violence; contain vulgar or obscene language or excessive violence; contain pornography, obscenity or sexual activity; or disparage the Sponsor or anyone involved in organizing or supporting the Open Challenge.
• Contestants must not attempt to intentionally duplicate the Submission of another Contestant. The Sponsor reserves the right in its sole discretion to disqualify any Submission that is an exact or substantially similar duplicate of another Submission.
• Submissions must not contain any software routine, code, or instruction, hardware component or combination of the foregoing which:

1. permits unauthorized access to Sponsor’s IT network or Sponsor’s Confidential Information,
2. or can disable, delete, modify, damage or erase software, hardware or data.

Each Contestant may submit more than one Submission. However, each Submission must be unique, as determined by Sponsor in its sole discretion. If a Contestant enters two or more Submissions that are substantially similar, the Sponsor reserves the right to disqualify Submissions or require the Contestant to choose one Submission to enter into the Open Challenge.

• Contestants must not state or otherwise imply endorsement of their Application by the Sponsor in any of the Submission components.

Submissions must:

1. be the original work product of the Contestant; and
2. not violate the intellectual property rights or other rights, including but not limited to, copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity.

Submissions may contain open source code as long as each such element of open source code is identified, and Contestant or team of Contestants (if applicable) has complied with applicable open source use terms and conditions.

By entering a Submission, Contestant represents, warrants and covenants that:

• the Submission (including, without limitation, the Application) is the original work product of the Contestant and complies with these Official Rules.
• the Submission shall not contain any software routine, code, or instruction, hardware component or combination of the foregoing which:

1. permits unauthorized access to Sponsor’s IT network or Sponsor’s Confidential Information
2. can disable, delete, modify, damage or erase software, hardware or data;
3. that it has the right to convey the License, and that the Submission is free from any claim of infringement of any copyright, trademark, trade secret, patent or other proprietary right of any third party and that Sponsor’s receipt and use of the Submission as provided in these Official Rules does not and shall not infringe any copyright, trademark, patent or other proprietary right of any third party or constitute the wrongful taking of any third party’s proprietary or confidential data or trade secret.

Submission Rights

Subject to the License (defined below), as between Sponsor and Contestant, any applicable intellectual property rights to a Submission will remain with the Contestant.

The Sponsor and any other third parties acting on the Sponsor’s behalf, will have a royalty-free, non-exclusive, worldwide license to use, copy, create derivative works, distribute, display and perform the Submission, in perpetuity (the “License”), whether or not a Submission is a winner. The License includes, but is not limited to, posting or linking to the Submission on Sponsor websites and applications, including the Open Challenge Website, and partner websites, and inclusion of the Submission in any other media, worldwide. The Sponsor and any third parties acting on Sponsor’s behalf will also have the right to publicize Contestant’s name and, as applicable, the names of Contestant’s team members, who participated in the Submission on the Open Challenge Website for a period of three years following the conclusion of the Open Challenge.

Display of Submissions

Submissions may be posted on the Open Challenge Website. Posting of a Submission to the Open Challenge Website does not constitute a final determination by the Sponsors, Administrators, and/or Judges that the Submission met requirements. Accordingly a Submission may still be disqualified even after it has been publically displayed. 

Winner Selection and Judging Criteria

All eligible Submissions will be judged by a panel of impartial judges (the “Judges”) selected by the Sponsor. The Sponsor reserves the right to substitute or modify the judging panel at any time for any reason.

All Judges shall be and remain fair and impartial. Any Judge may recuse him or herself from judging a Submission if the Judge or the Sponsor considers that it is inappropriate, for any reason, for the Judge to evaluate a specific Submission or group of Submissions.

A Contestant’s likelihood of winning will depend on various criteria set forth below, and the number and quality of all of the Submissions.

Best Overall – Grand Prize, Second Prize, and Third Prize

Criteria (equally weighted):

• Ease of Use (20 points)—How intuitive is the experience? Would the intended end user find the application easy to use and understand?
• Design (20 points)—Does the design reflect the NYP aesthetic? Is it clear and simple? Can end users who may have difficult seeing be able to view the application?
• Benefit for Users (20 points)—Would an end user use this application? What would end users gain from their experience using the application?
• Creativity and Innovation (20 points)—Is this a new idea? Does technology like this already exist? How innovative is the concept?
• Overall Quality (20 points)—Does it address the issues and problem areas noted by NYP on the Open Challenge Web Site? Is the application practical and useful to the hospital and patients? Is this a tool that could be easily implemented? Should NYP consider using the application as designed, or to inform its own internal decisions based on this application’s features?

The three (3) Submissions that earn the highest overall scores will become potential winners of the Prizes identified below in Section 11.

Tie Breakers. In the event of a tie between two or more Submissions, the Submission with the highest score in the first criterion listed above shall be deemed the higher scoring Submission. In the event any ties remain, this process will be repeated by comparing the tied Submissions’ scores on the each succeeding criterion listed above. If two or more Submissions are tied on all criteria, the panel of Judges will vote on the tied submissions to determine the Prize winner.

Verification of Potential Winners

ALL POTENTIAL OPEN CHALLENGE WINNERS ARE SUBJECT TO VERIFICATION OF IDENTITY, QUALIFICATIONS AND ROLE IN THE CREATION OF THE APPLICATION BY THE SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE OPEN CHALLENGE. Potential winners must continue to comply with all terms and conditions of these Official Rules throughout the Open Challenge. In order to receive a Prize, the potential winner will be required to sign and return to the Sponsor, 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, all participating members must sign and return to the Sponsor affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within ten (10) business days).

At the sole discretion of the Sponsor, a potential winner will be deemed ineligible to win if: (i) such potential winner refuses the Prize; (ii) fails to sign and return the affidavit(s) of eligibility or a similar verification document within ten (10) business days from receipt of such documents; or (iii) fails to sign and return the liability/publicity release(s) within ten (10) business days from receipt of such documents; or the Submission or the Contestant, is disqualified for any other reason.

In the event of such disqualification, the Sponsor, in its sole discretion may award the applicable Prize to another Contestant. The disqualification of one (or more) Team members from further consideration in the Open Challenge for any reason may result in the disqualification of the entire Team, as determined in the sole discretion of the Sponsor.

Prizes

No transfer or substitution of a Prize is permitted except at the Sponsor’s sole discretion. The Prize will be mailed to the winning Contestant’s address within 45 days of receipt of the signed affidavit(s) of eligibility and liability/publicity release(s) form(s) within ten (10) business days from receipt of such documents. If a Team is selected as a Prize-winner, the associated Prize will be equally divided among the Team members.

Prize winners (and in the case of Team, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). It is the sole responsibility of Prize winners of US$600 or more to provide certain information, including but not limited to tax identification number, to facilitate receipt of the award, including but not limited to, completing and submitting any tax forms when necessary and any applicable withholding and reporting requirements. Prize winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant Government departments/agencies, if necessary. Prize winners that are not residents of the United States should be aware that under United States tax laws, US withholding tax may apply to Prizes awarded. The Sponsor reserves the right to withhold a portion of the prize amount to comply with the tax laws of the United States or those of a Prize winner’s jurisdiction.

In the event a Prize winner’s / potential Prize winner’s employer has a policy that prohibits the awarding of a Prize to an employee, the Prize will be forfeited and an alternate potential winner will be selected by the Sponsor.

Entry Conditions and Release

Each Contestant hereby acknowledges and agrees that the relationship between the Contestant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the Contestant’s decision to provide a Submission to the Sponsor for the purposes of this Open Challenge does not place the Sponsor, and its agents, in a position that is any different from the position held by the members of the general public with regard to elements of the Contestant’s Submission, except as specifically provided in these Official Rules.

By entering, each Contestant (including, in the case of Team, all participating members) agree(s) to:

• comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Open Challenge judges, which are binding and final in all matters relating to this Open Challenge; and
• release, indemnify, defend and hold harmless the Sponsor and its parent, subsidiary, and affiliated companies, the Judges, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Open Challenge, 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, damages and liabilities (including reasonable attorneys’ fees) arising from or related to the Open Challenge, including but not limited to, damages of any kind to persons and property, including but not limited to, 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 in the Open Challenge, participation in the Open Challenge (including but not limited to the creation of a Submission or entry of a Submission); acceptance or use or misuse of a Prize (including but not limited to any travel or activity related thereto); and/or the use, copying, creation of derivative works, distribution, display and performance of a Submission as authorized or licensed by these Official Rules.

Publicity

Participation in the Open Challenge constitutes Contestant’s consent to Sponsors’, 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 who 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 Open Challenge.

General Conditions

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

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

The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term. The Sponsor is 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 the Sponsor.

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 Open Challenge materials, including but not limited to the Open Challenge Submission form, Open Challenge Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.

The Sponsor reserves 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, and the Sponsor. The Sponsor will post the terms and conditions of the amended Official Rules on the Open Challenge Website. Any such amendment will become effective at the time the Sponsor posts the amended Official Rules.

Excluding Submissions, all intellectual property related to this Open Challenge, 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. 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.

Should any provision, in whole or in part, of these Official Rules be or become illegal or unenforceable in the jurisdiction of a permitted entrant, such illegality or unenforceability shall leave the remainder of these Official Rules unaffected and valid. The illegal or unenforceable provision (or part thereof) shall be replaced by a valid and enforceable provision (or part) that comes closest and best reflects the Sponsor’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision (or part).

Limitations of Liability

By entering, all Contestants (including, in the case of a Team, all Team members): (i) agree to be bound by the Official Rules; and (ii) hereby release the Released Parties from any and all liability arising from or in connection with the Prizes, or Contestant’s participation in the Open Challenge or Contestant’s invitees’ participation in the Open Challenge.

Disputes

Contestants agree that:

• any and all disputes, claims and causes of action arising out of or connected with this Open Challenge, or any Prizes awarded, other than those concerning the administration of the Open Challenge or the determination of winners, shall be resolved individually, without resort to any form of class action; and
• under no circumstances will Contestants be entitled to, and Contestants hereby waives all rights to claim, any punitive, incidental, special and consequential damages and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
• Any and all: (i) disputes, claims and causes of action arising out of or connected with this Open Challenge, or any Prizes awarded; and (ii) issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestants and the Sponsor in connection with the Open Challenge, shall be exclusively governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

Privacy

The Sponsor collects personal information from you when you enter the Open Challenge. The information collected is subject to the privacy policy located here: http://ChallengePost.com/privacy.

Open Challenge Results

For Open Challenge results, visit the Open Challenge Website on in August 2015.

Contact Us

If you have any questions or wish to send us any notice regarding this Open Challenge, please email mheuer@tuskstrategies.com.