DELIVERY.COM APP CHALLENGE: DEVELOP, DISRUPT & DELIVER
To enter, you must agree to and abide by these Official Rules. By submitting a Submission, you are indicating that you have read, understood and fully agree to be bound by these Official Rules, and if you are a Representative (as defined below) of a team or organization, that you are duly authorized by all necessary action and have all consents, rights and authority to execute these Official Rules on behalf of yourself and your principals and such team or organization.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Challenge: the delivery.com App Challenge: Develop, Disrupt & Deliver (the “Challenge”) is a skill-based contest where eligible entrants must demonstrate the right combination of skill and experience to participate to the Challenge pursuant to the criteria set forth below. The Challenge is a skill-based contest and chance plays no part in the determination of winners. Submissions will be evaluated by a panel of expert judges, who will choose the winning entry in accordance with these Official Rules. The prize(s) will be awarded to participant(s) with the highest score. See below for the complete details.
The Challenge is designed to: (1) unlock the local marketplace with software and/or mobile applications (“apps”) that change the way people explore their communities and order online; and (2) engage the developer community in identifying technology that could improve quality of the user experience of online ordering platforms. delivery.com, the only online ordering platform that allows users to shop for food, groceries, wine, liquor, laundry, dry cleaning and more in more than fifty (50) cities in the United States is offering a total of $65,000 in prize money for innovative apps that enhance and expand the possibilities of online ordering. Using the APIs provided by Poster from time to time, create an app for iOS, Android, Windows 8, Windows phone, mobile web, Xbox, PlayStation, Google Glass, or any other hardware technology that includes a software component, that pertains to online ordering from one or more of the following categories:
1) Wine and liquor stores;
2) Laundries and dry cleaners; and/or
2. Challenge Website: http://deliveryapps.challengepost.com (the “Challenge Website”).
3. Poster: Delivery.com, LLC, 199 Water Street, 23rd Floor, New York, NY 10038 (“Poster”).
4. Administrator: ChallengePost, Inc., 425 W. 13th Street, Suite #504, New York, NY 10014 (“Administrator”).
5. Eligibility: The Challenge is open only to:
(a) individuals who, at the time of entryare of legal age of majority or older in their jurisdiction of residence (and at least eighteen (18) years of age);
(b) teams of eligible individuals; and
(c) organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that, at the time of entry, are duly organized and validly existing under the laws of the State or country of their respective formation, with all requisite power and authority to enter the Challenge and to perform their respective obligations hereunder;
(each of the above, a “Maker”, and all of the above, collectively, “Makers”). Makers must own or have access at their own costs and expenses to a computer, an Internet connection, and any other electronic devices, documentation, hardware, software or other materials that Makers may use to create and enter this Challenge, including those used to submit a Submission. An individual may join more than one (1) team or organization and an individual who is part of a team or organization may also enter the Challenge on an individual basis. If a team or organization is entering the Challenge, they must appoint and authorize one (1) individual (the “Representative”) to represent, act, and enter a Submission, on their behalf. The Representative must meet the eligibility requirements of this Section 5. By entering a Submission on the Site on behalf of a team or organization, you represent and warrant that you are the Representative authorized to act on behalf of your team or organization.
The Challenge is not open to, and the following are not eligible to enter and participate to the Challenge:
(i) any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Poster, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge or supplying the prizes, and/or their respective parent, subsidiary, affiliated and/or successor companies (collectively, the “Challenge Entities”);
(ii) any immediate family and/or household members of such individuals ("immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live, and "household members" shall mean people who share the same residence at least three (3) months a year, whether related or not);
(iii) any individuals who are residents of, or organizations domiciled in, a country, state, province or territory where any local law, rule or regulation, or any law, rule or regulation of the United States, prohibits or restricts entering, participating or receiving a prize in the Challenge (including, but not limited to, Brazil, Quebec, Italy, Cuba, Sudan, Iran, North Korea, Syria, and any other country designated by the United States Treasury's Office of Foreign Assets Control);
(iv) any organizations involved in the sponsoring, fulfillment, administration, advertising, promotion, design, production, execution or distribution of the Challenge or in the supply of the prizes, and/or their respective parent, subsidiary, affiliated and/or successor companies; and
(v) any Judge (as defined below) and any individual or organization that employs a Judge and/or their respective parent, subsidiary, affiliated and successor companies.
6. Challenge Submission Period: The Challenge begins at 11:00 a.m ET on February 10, 2014 and ends at 5:00 p.m. ET on June 10, 2014 (the "Challenge Submission Period"). Administrator’s computer is the official timekeeping device for purposes of this Challenge. Any Submission received after expiration of the Competition Submission Period will be disqualified.
7. Submission Requirement: To enter, Makers must do all of the following during the Challenge Submission Period:
(a) Visit delivery.com and agree to the API Terms and Conditions available at https://www.delivery.com/create_api_account.php.
(b) Visit the Challenge Website 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.
(c) Register for the Challenge by clicking “Register” on the Challenge Website. By clicking “Register” on the Challenge Website, a Maker confirms that: (i) they are eligible to participate to the Challenge; and (ii) they have read and agree to these Official Rules.
(d) Access and fill out the Submission form. All requested information on the Submission form must be true, accurate, current and complete to enter the Challenge and to be eligible to win.
(e) Create, develop and submit a working app that uses the APIs provided by Poster from time to time available at http://developers.delivery.com, allows users of delivery.com to order online from restaurants, wine and liquor stores and/or laundries and dry cleaners, and contains features designed to improve the user’s online ordering experience. The app must be capable of being successfully installed on mobile devices and at all times running, in each case, as determined by Poster and/or Administrator in its/their sole discretion.
(f) Create a demonstration video (YouTube or Vimeo) consisting solely of footage that walks through and clearly explains your app’s features and functionality. The video shall be less than five (5) minutes in length, shall clearly demonstrate the key features and functionality of your app (i.e., provide information that would allow a user to use of the app, including key features and functionality, and a software support personal to understand, explain and provide support for use of the app, including key features), and shall be uploaded to Youtube or Vimeo, with a link to the video must be provided on the Submission form on the Challenge Website.
(g) Provide a way for Poster and Administrator to access and test your app by including an installation file with your Submission, sharing a test build, or by providing a URL where your app can be accessed for testing and judging. If your Submission includes other hardware technology, you may be required to provide the hardware needed to test the application.
(h) Submit your app by providing: 1) access to your app for testing; 2) screenshots of your working app; 3) the video (YouTube/ Vimeo) demonstrating your working app; and 4) any applicable programmer documentation, user documentation or specifications.
(a) through and including (h) together constitute one (1) submission (the “Submission”) and must be completed to enter and to be eligible to win. A Submission may be disqualified if, in the sole judgment of Poster and/or Administrator, the video is primarily other than a demonstration of the functionality and features of the app.
All Submissions, including the demonstration video submitted as part of a Submission, must not contain any information, data, content, image and/or material that: (i) is in violation of any applicable laws, rules or regulations or that would otherwise give rise to liability; (ii) is derogatory, offensive, abusive, violent, threatening, defamatory, disparaging, libelous, inappropriate, indecent, obscene, pornographic, sexual, profane, tortuous, slanderous, discriminatory in any way, depicts anyone engaged in any illegal, immoral or lewd act, constitutes or encourages a criminal offense, promotes hatred or harm against any group or person or is otherwise objectionable, or otherwise does not comply with the theme and spirit of the Challenge, in each case, as determined in the sole judgment of Poster and/or Administrator; (iii) infringes or violates any copyright, patent, trademark, trade secret or rights of publicity or privacy, or misappropriate any proprietary right, of any third party, or otherwise indicates a sponsorship or endorsement by a third party; (iv) contains malware, viruses, Trojans, works, spyware or any other malicious or harmful software, code or other devices; (v) is the subject of any actual or threatened litigation or claim; and/or (vi) disparages Poster, its products and/or services or any other person or entity. Submissions that have been tampered with or altered are void.
For the purposes of these Official Rules, “API” shall mean content consisting of application programming interface, software development libraries, documentation and information related thereto, as any of the foregoing may be modified from time to time and provided by Poster. Makers, with the exception of Representatives, are not permitted to submit a Submission on behalf of another individual. Makers may submit an unlimited number of Submissions during the Challenge Submission Period. Makers must comply with the terms of service, rules and policies that are available on challengepost.com. All Submission materials must be in English or, if not in English, the Maker must provide an English translation of the demonstration video, text description, and testing instructions as well as any and all other materials submitted. Important Challenge updates will be emailed to the email address provided by Makers when they register. It is Makers’ responsibility to provide a current and working email address and regularly check for, open and read any emails received in connection with the Challenge.
Unless expressly authorized by Poster in a signed writing on a case by case basis, the app submitted as part of the Submission shall utilize Poster’s APIs only and shall not utilize APIs from any third party that is engaged in the business of providing online ordering services for restaurants, laundries, dry cleaners, wine and liquor stores or similar businesses for any purpose whatsoever.
8. Selection of Winner/Judging Criteria: The potential prize winners will be selected from among all eligible Submissions received on or about July 16, 2014 following the end of the Challenge Submission Period. Eligible Submission will be judged and selected by a panel of judges appointed by Poster (the “Judges”) based on the following criteria:
(a) First Prize and Second Prize (for each category of liquor stores apps, Laundries/dry cleaners apps and restaurants apps Submissions):
(a) quality of the idea underlying the Submission, including creativity and originality of the idea;
(b) implementation of the idea underlying the Submission, including how well the idea was executed by Makers; and
(c) potential impact, including the potential impact and value provided to delivery.com customers.
(b) Popular Choice Prize (for all Submissions): number of votes on the Challenge Website.
All votes must be entered manually during the period starting at 10:00 a.m. ET on June 18, 2014 and ending at 5:00 p.m. ET on June 27, 2014. Makers are prohibited from soliciting and/or obtaining votes by any fraudulent or inappropriate means including, without limitation, utilizing vote aggregators, vote exchange pages or other third party means of soliciting votes. Votes generated by script, macro or other automated means (such as harvesting bots, robots, spiders or scrapers) or which, in Poster’s and/or Administrator’s sole discretion, subvert or impair the integrity of the voting process will be void.
In the event of a tie, an additional judge acting as a tiebreaker will re-judge the Submissions involved in the tie and select the prize winners based on the same criteria. The final decision to designate a winner shall be made by the Poster and/or Administrator. Decisions of the Judges, Poster and/or Administrator are final and binding on all matters related to the Challenge.
9. Prizes, Approximate Retail Value ("ARV"):
FIRST PRIZE (3 winners total – 1 for each category of: (i) liquor stores apps, (ii) laundries/dry cleaners apps, and (iii) restaurants apps): Each winner will receive US$15,000.
SECOND PRIZE (3 winners total – 1 for each category of: (i) liquor stores apps, (ii) laundries/dry cleaners apps, and (iii) restaurants apps): Each winner will receive US$5,000.
POPULAR CHOICE PRIZE (1 winner – 1 for all categories of liquor stores, laundries/dry cleaners and restaurants apps): The winner will receive US$5,000.
Total ARV: US$65,000.00.
First and Second Prizes are limited to one (1) prize per Submission. Taxes, if any, are the sole responsibility of the winners. Poster reserves the right to substitute in its sole discretion any prize with another prize of equal or greater value. No other substitution, cash equivalents, or transfer of prize except with Poster’s permission or where required by law. The award of a prize to a potential winner is subject to verification of the identity, qualifications and role of the potential winner in the creation of the Submission.
10. Winner Notification: Potential winners will be notified by Administrator using the email address associated with the ChallengePost account used to enter the Submission on or about July 16, 2014, following the end of the Challenge Submission Period. Unclaimed prizes will not be awarded. In order to receive a Prize, the potential winner (including all participating team members in the case of a team or organization) will be required to sign and return an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release (or a similar verification document), where allowed by law, and any applicable tax forms (collectively, the "Prize Claim Documents") within ten (10) business days after the Prize Claim Documents are sent. In the event that a potential winner cannot be contacted or fails to respond within a reasonable time period or fails to return the Prize Claim Documents to Poster within specified time period, such potential winner will be disqualified. The Poster and/or Administrator may deem a potential winner (or participating team members) ineligible to win if:
(i) the potential winner’s Representative or any participating member does not respond to multiple emails or fails to sign and return the Prize Claim Documents by the deadline listed above, or responds and rejects the Prize;
(ii) the Prize or Prize notification is returned as undeliverable; or
(iii) 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 a disqualification of a potential winner for any reason, at Poster’s discretion, the Poster and/or Administrator may award the applicable Prize to the eligible entrant with the next highest score. Winners may be offered the opportunity to become a traffic partner of Poster and thereby market the services of Poster and receive compensation therefore.
Conditions of Participation: By entering, Makers agree to be bound by these Official Rules including all eligibility requirements and the decisions of the Poster, Administrator and Judges, which are final and binding. The Challenge, including these Official Rules, does not create any joint venture, agency or partnership relationship between any Maker and Poster. Submissions that are submitted by script, macro or other automated means (such as harvesting bots, robots, spiders or scrapers) and/or Submissions that subvert the Submission process by any means will be void. Submissions will not be returned. Incomplete Submissions or Submissions not complying with these Official Rules are subject to disqualification, at the Poster’s sole discretion. If a dispute arises as to the identity of a Maker, a Submission will be deemed made by the authorized account holder of the email address from which the Submission was submitted. For these purposes, the “authorized account holder” is the natural person assigned to the email account from which the Submission was submitted. By entering, Makers acknowledge and agree that any and all Submissions in connection with this Challenge are submitted on a non-confidential basis and may be used by Poster, its agents and subsidiaries, for any and all advertising and promotional purposes including (but not limited to) in connection with this Challenge, in perpetuity, worldwide, in any media now known or hereafter developed. By entering, Makers also authorize the Poster to use their name, voice, likeness, image, photograph, prize information (if applicable), biographical data and city and state of residence in programming, advertising and/or promotional materials and/or on a winner's list (if applicable) without compensation to the extent permitted by law. Poster is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Poster's sole discretion, without obligation of approval or compensation to the extent permitted by law. Subject to the licenses described herein and the representations and warranties set forth in these Official Rules, as between Poster and Makers, any applicable intellectual property rights to a Submission will remain with the applicable Maker.
11. Representations and Warranties: Each Maker represents and warrants that: (a) that he/she/it is the original creator and owner (or represents and warrants that the owner of such rights has expressly granted any and all rights to the Maker for use by Poster as set forth herein, and has written documentation to provide to Poster and/or Administrator evidencing such rights) of any and all Submissions posted, uploaded, or otherwise submitted by Maker (for the avoidance of doubt, modifying, enhancing or altering a third party’s pre-existing work does not qualify as the Maker’s original creation); and (b) any such Submissions complies with any and all Submission Requirements set forth in these Official Rules. Poster reserves the right, at its sole discretion, to remove any Submission that the Poster feels is inappropriate, objectionable and/or inconsistent with the positive image and/or good will it wishes to create through this Challenge. Poster further reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any Submission, proper names, likenesses, and photographs for any and all advertising and promotional purposes including (but not limited to) in connection with this Challenge, in perpetuity, worldwide, in any media now known or hereafter developed without obligation of approval or compensation to the extent permitted by law. Each Maker acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between him/her/it and Poster. In no way is a Maker to be construed as the agent or to be acting as the agent of Poster in any respect. Notwithstanding anything set forth in these Official Rules, nothing herein shall restrict the right of Poster to pursue any business opportunities or ideas or develop, procure or market any products, services and/or proposals whatsoever, and each Maker agrees and acknowledges that it shall have no right (including to compensation or payment from Poster) in the event that Poster chooses to pursue any such business opportunities or ideas.
12. Limitations of Liability: By entering and/or participating in this Challenge, Makers agree to release and hold harmless the Challenge Entities, as well as each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage of any kind arising in any manner, directly or indirectly, from entry and/or participation in this Challenge and/or acceptance, receipt, possession or use/misuse of a prize. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss or damage to property, and claims of third parties. Poster makes no representations or warranties in connection with the prizes. Acknowledgement of receipt of Submission does not constitute representation of eligibility of Submission for selection. Released Parties are not responsible for Submissions that are lost, delayed, stolen, undelivered, incomplete, garbled, damaged, misdirected, or fail to enter into the system, or are processed, reported, or transmitted late or incorrectly, or for any other errors or problems of any kind, whether typographical, printing, mechanical, human, electronic, or otherwise, relating to or in connection with this Challenge, including, without limitation, any error or problem that may occur in connection with the administration of this Challenge, the processing of Submissions, the announcement of prizes, or in any Challenge-related materials.
14. Governing Law: Challenge subject to the laws of the United States only. All federal, state and local laws and regulations apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Makers and/or Released Parties in connection with this Challenge, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to the conflicts of law principles thereof, and any action brought in relation to this Challenge shall be brought in a Federal or State court in New York County, New York State. Each Maker hereby irrevocably consents to the jurisdiction of such courts and waives any claim or defense that such forum is not convenient or proper. Poster’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Poster reserves the right to disqualify any and all Makers who violate these Official Rules and/or interfere with this Challenge in any manner. If a Maker is disqualified, Poster reserves the right to terminate that Maker’s eligibility in this Challenge.
15. Winners List: For Challenge results, visit the Challenge Website on or about July 16, 2014.