Official Rules

Introduction

CivicApps for Greater Portland (“CivicApps”) and the CitySync Challenge are regional efforts designed to promote increased transparency and openness in government through the use of technology. CivicApps is intended to showcase available datasets found in the regional open data catalog, www.CivicApps.org (“Data”) ; and provide recognition to individuals, groups of individuals, corporations and other organizations (collectively, “Participants”) for making use of this data in creating innovative software applications that provide a unique social value proposition for the community to consider, access and use.

To achieve this goal, CivicApps and CitySync plans to facilitate and promote an ongoing dialog or “conversation” between event Participants surrounding the best of ideas, applications, and datasets resulting from the CivicApps event. Discerning which Submissions and promoting the visibility of the “best” Submissions (ideas, applications, and datasets) will be based on display rankings or weightings specific to the number of comments; the overall vote rating; the date of submission; and, whether or not a public open source repository is in place for a given Submission.

1. Sponsors, Data Providers, Judging and Administrative Panels

Sponsors: (1) The City of Portland (“City”), 1120 SW 5th Ave, Portland, OR 97204; (2) Open Source Lab, Oregon State University, Kerr Admin B211, Corvallis, OR 97331; (3) Bridgecity Studio, 107 SE Washington, Portland, OR 97214; (4) Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052; (5) Association of Oregon, 111 SW 5th Avenue - Suite 120, Portland, Oregon 97204; (6) Webtrends, 851 SW 6th Ave Suite 1600, Portland, OR 97204; (7) Portland Development Commission, 222 NW Fifth Ave, Portland, OR 97209; (8) Alto Law Group, 813 SW Alder Street, Suite 450, Portland, OR 97205; (9) Capybara Ventures, 1120 NW Couch St., Portland, OR 97209; (10) Perkins Coie, 1120 N.W. Couch St., Tenth Floor, Portland, Oregon 97209; (11) Oregon Entrepreneurs Network, 309 SW Sixth Ave., Suite 212, Portland, Oregon 97204; (12) Portland Ten; (13) Swider Medeiros Haver LLP, Suite 1420 American Bank Building, 621 SW Morrison Street, Portland, Oregon 97205; (14) Souk, 322 NW 6th Avenue, Suite 200, Portland, Oregon 97209; (15) NedSpace, 920 SW Third, Portland, OR 97204; (16) Widmer Brothers Brewing, 929 N. Russell St., Portland, OR 97227; (17) TriMet, 4012 SE 17th Ave., Portland, OR 97202; (18) Hopworks Urban Brewery, 2944 SE Powell Boulevard, Portland, Oregon 97202.

Data Providers: The following agencies supplied datasets to the CivicApps event.

• City of Portland; Metro; TriMet; NextBus Inc.; Portland Public Schools; Multnomah, Clackamas, and Washington Counties; Cities of Gresham, Fairview, and Troutdale; State of Oregon.

Judging Panel Members (“Judges”):

Judges are currently being determined.

Administrative Panel Members (collectively, “Administrator”):

The administrative panel members include: (1) Mark Greinke, CTO, Bureau of Technology Services, City of Portland; (2) Atha Mansoory, Economic Development Advisor, Office of the Mayor, City of Portland; and (3) Rick Nixon, Project Manager, Bureau of Technology Services, City of Portland.

2. Eligibility

CivicApps and CitySync Participants must satisfy the following eligibility criteria for prize awards: (1) must be eighteen (18) years old as of at the time of entry, or demonstrate parental or guardian consent in writing upon request; and, (2) must be actively enrolled as a Student if identified as such at the time of submitting their app to this site; and (3) must not be a member of the Administrative or Judging Panels.

Note: Members of contributing Data Providers or Sponsors are encouraged to participate, but are not eligible for cash prize awards.

Entry constitutes Participant’s full and unconditional agreement to these Official Rules and decisions, which are final and binding in all matters related to the CivicApps and CitySync Challenge events. Winning any prize award is contingent upon fulfilling all requirements set forth herein.

3. CivicApps Submission Periods

There are separate Submission Periods surrounding the submission of Ideas (“CitySync Ideas Challenge”) and Applications (“CitySync Apps Challenge”).

The CitySync Challenge Submission Periods are as follows:

CitySync Ideas Challenge: The Submission Period for Ideas begins January 24, 2012 and ends on May 24, 2012 at 5 PM Pacific Daylight Time (“PDT”).

CitySync Apps Challenge (1): The Submission Period for Applications begins February 14, 2012 and ends on May 24, 2012 at 5 PM Pacific Daylight Time (“PDT”).

Winners will be announced on or before June 28, 2012.

4. How To Enter

Registration:

During the CitySync Ideas or CitySync Apps Submission Periods, visit www.CivicApps.org and register. Registration is free. To register you must visit http://www.CivicApps.org/register and complete the form. After you register you must verify your email address by activating the link sent via the registration email sent to the email entered in the registration form. Registered Contestants will then be able to enter the submission sections of www.CivicApps.org.

Submission Objectives:

Submissions for Ideas should be relevant to utilizing the CitySync platform. Great ideas may encompass datasets or technology not-yet-realized. For such a Submission, however, the Idea must be based on a reasonable level of effort and realistic (possibly future) data to achieve.

Submissions for applications should strive to meet one or more of the following objectives based on the following categories:

(1) Best Business App – best usefulness and utility to business type users; (2) Best Resident App– best usefulness and utility to resident type users; (4) Best Use of Data App – best utilization of the various datasets from any source; (3) Best App by a Student – best app submitted by a middle/high school or college student. Note proof of school enrollment will be required.

Submission Requirements:

• All application submissions must be submitted via the CivicApps website, www.CivicApps.org • Multiple idea and/or application submissions, per Participant, are allowed. • Students must identify themselves as such at the time of submission of their application. • Idea and/or application submissions are open to any individual, group of individuals, or organization. • Application submissions can be any form of common implementation, including websites, widgets, mashups, standalone applications, applications for mobile devices, or targeting other commonly accessible technologies. • Submissions from Administrative or Judging Panel Members are not allowed. • Submissions from the CivicApps event organizing committee or Data Providers are allowed, but do not qualify for monetary prize awards. Any work performed on submissions from the CivicApps event organizing committee or Data Owners must be conducted on one’s own time and equipment. • All application submissions from members (or relatives of members) of the CivicApps event organizing committee are allowed, but do not qualify for monetary prize awards. • All application submission software must be licensed under an OSI approved open source license. See http://www.opensource.org/licenses/alphabetical for a listing of approved licensing schemes • All non-software Content must be licensed under a Creative Commons or similar license. Participants warrant their application submission does not contain any proprietary rights that they do not own or have the right to license under required licenses. • Participants further agree to have their application submission be audited (in whole or in part) by an independent 3rd party as identified by the Judges. • All application submissions are encouraged to place their source code under one of the many public open source code repositories, such as Code.Google.com , GitHub, or others, prior to any judging round. • All application submissions must be accessible by the Judges and Administrative Panel for the purpose of review via the web with a URL . If not accessible for whatever reason for judging, a link to a video of the fully operational application may be submitted, but access to the application itself will be required to finalize any prize award. • Participants agree to have their submitted applications be made free of charge and publicly available for the course of the CitySync Challenge event and 12 months following the conclusion of the CitySync Challenge Submission Period.

Additional Restrictions:

Participants must comply with the individual Terms of Use for data sourced from www.CivicApps.org . Failure to do so may result in disqualification from the CivicApps event. Applications may utilize data from the open data catalog www.CivicApps.org or any other data, provided the Participant is authorized to distribute all data through a free, publicly available application. There may be necessary or limited changes (updating or refreshing) to the existing datasets. All Submissions must be the original work of the Participant, and having not been entered in any other competition or violate the rights of other parties. Submissions containing any matter which in the sole discretion of the Judges or Sponsors is deemed as indecent, defamatory, offending, or demonstrates a lack of respect for public morals or conduct, or which adversely effects the public image or reputation of the City and/or Data Providers and/or Sponsors will not be accepted and disqualified. Participant must represent and warrant that they developed the application they are submitting and the Submission is free of any known virus or malware and does not violate the rights of any third party whatsoever. If any functionality or text of a Submission is in a language other than English, the Submission must be accompanied by an English translation of that text. Submissions will not be returned.

5. Display of Submissions and Public

Submissions will be posted on www.CivicApps.org on an as-received basis after being screened by the Administrative Panel for basic functionality. All Participants will have access to Submissions posted on the website. Non-Participants interested in the CitySync Ideas Challenge or CitySync Apps Challenge rounds are also encouraged to register on www.CivicApps.org. Registration will be required in order to receive updates on the CivicApps event and/or to vote for ideas and/or applications.

6. Winners / Runners up Selection

The judging panel may change without advance notice at the Sponsors or Administrative Panel's sole discretion. A judge may elect to recuse him or herself from judging a Submission, if in the judge's sole discretion it is not appropriate for him or her to judge that particular Submission because of a past or current relationship with that particular Participant. A Submission will not be at a disadvantage if a judge(s) recuses him or herself. Judges will be fair and impartial. Decisions of the judging panel will be final. Odds of winning depend on the number of eligible Submissions received and the quality of submitted Submissions. Judging will be completed on or before June 28, 2012. The judging panel will judge each Submission on the following four categories and criteria: (1) Best Business App – usefulness and utility to a business type user; (2) Best Resident App – usefulness and utility to a resident type user; (3) Best Use of Data – utilization of the various datasets from any source; and, (4) Best App by a Student – best app submitted by a middle/high school or college student. Four different top prize awards will result for each of the criteria, awarded to four different submissions; the highest scoring Submission for each category or set of criteria. In the event of a tie for a single category or set of criteria, relative scores in the other categories will be compared. In the event a Submission scores highest in more than one category or set of criteria, the next highest scoring Submission will be nominated by the Administrative Panel for a prize award from one of the conflicting categories. A “Best of Show” prize awards will be determined by the Judges from the pool of highest scoring Submissions per category overall.

7. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY THE ORGANIZING COMMITTEE AND/OR ADMINISTRATIVE PANEL WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CIVICAPPS EVENT.

8. Verification of Potential Winners

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 the Administrative Panel, 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 his/her prize award if applicable. If a potential winner of any prize award cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a prize award is disqualified for any reason, the Administrative Panel may award the applicable prize to an alternate winner who had the next highest score remaining of the eligible entries.

9. Prize Awards

All winners and runners up will receive commendations and recognition from the CivicApps event. Prize awards are final and binding in all matters relating to the CivicApps event. Participants further agree to release and hold harmless the Sponsors, the Administrative and Judging Panels, and their respective parent, subsidiary, and affiliated companies, any prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the CivicApps event (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), 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 Participant's entry, creation of an entry or submission of an entry, participation in CivicApps, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of entry; and (c) indemnify, defend and hold harmless the City, Data Providers, Sponsors and Administrator from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to a Participant's Submission and entry in the CivicApps event and/or the Participant’s acceptance, use or misuse of prize.

10. Publicity

Except where prohibited, participation in the CivicApps event constitutes award recipient’s consent to CivicApps and/or its Sponsor's use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

11. General Conditions

The Administrative Panel reserve the right to cancel, suspend and/or modify the CivicApps event, or any part of it, if any fraud, technical failures or any other factor beyond Administrative Panel's reasonable control impairs the integrity or proper functioning of the CivicApps event, as determined by the Administrative Panel in their sole discretion. Administrative Panel reserves the right in their sole discretion to disqualify any individual or Participant it finds to be tampering with the entry process or the operation of the CivicApps event 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 CivicApps event may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors and/or Administrative Panel reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsors and/or Administrative Panel's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

12. Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the CivicApps event; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the CivicApps event; (4) technical or human error which may occur in the administration of CivicApps or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant's participation in CivicApps or receipt or use or misuse of any prize. If for any reason a Participant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant's sole remedy is another entry in CivicApps. No more than the stated number of prizes will be awarded.

13. Disputes

Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the CivicApps event, or any prizes awarded, other than those concerning the administration of the CivicApps event or the determination of winners, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with CivicApps, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Oregon State Court located in Multnomah County, Oregon; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the CivicApps event, but in no event attorneys' fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with CivicApps, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.

14. Privacy

Sponsors collect personal information from you when you enter the CivicApps event. The information collected is subject to http://www.CivicApps.org/privacy-policy.

15. CivicApps Results

For CivicApps results go to www.CivicApps.org

16. Attribution / Acknowledgement

This set of Official Rules was inspired and modeled after, with gratitude, the NYC BigApps Contest, http://www.nycbigapps.com