UPDATE NOTICE: The Official Rules were updated to reflect a change in the Submission Requirements. Contestants are no longer required to submit a signed Landlord Agreement with their Submission. Contestants identified as potential Finalists will be required to provide a signed Landlord Agreement within seven (7) business days of notification in order to advance to Phase II of the evaluation process. See Section 8 (Phase I) (F) for details. We encourage you to begin reaching out to your landlord early to ensure that the form can be completed in the allotted time.

ConnectNYC Fiber Challenge Official Rules – (the “Official Rules”)

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. 

Introduction

The ConnectNYC Fiber Challenge (the “Competition”) is an initiative of New York City Economic Development Corporation and the New York City Department of Information Technology & Telecommunications, challenging businesses operating in New York City to apply for free build-out of fiber internet connectivity to their place of business. The Competition allows for-profit legal entities and/or non-profit organizations in the five boroughs of New York City (collectively, “Contestants”) to submit information that demonstrates the value of fiber connectivity to the Contestant (each a “Submission”). 

Participation constitutes Contestant’s full and unconditional agreement to these Official Rules and to the Sponsors (as defined below) and Administrator’s decisions, 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

Sponsors: (1) New York City Economic Development Corporation, 110 William Street, New York, NY 10038; and (2) New York City Department of Information Technology & Telecommunications, 75 Park Place, 9th Floor, New York, NY 10007.

Administrator: ChallengePost, Inc., 425 W. 13th Street, Suite #504, New York, NY 10014.

2. Overview of Competition Dates

Submission Period:October 19, 2012 (10:00am Eastern Time) – December 27, 2012 (2:00pm Eastern Time)

Judging Period: December 28, 2012 (10:00am Eastern Time) – February 18, 2013 (5:00pm Eastern Time)

Winners Announced:On or around May 31, 2013 (10:00am Eastern Time)

3. Eligibility

A. The Competition is open only to legally formed entities that are duly organized and are registered to do business in New York City that, at the time of entry:

(i) lease, sublease, or own an office location in New York City;

(ii) conduct business at their office location in New York City; and

(iii) have 100 or fewer total employees at all locations (including outside of New York City).

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 a Contestant may deem necessary to create and enter their Submission.

C. Each Organization shall appoint one individual (the “Representative”) to represent and act, including registering and entering a Submission, on behalf of said Organization. The Representative must be duly authorized to submit on behalf of the Organization and must be authorized to enter into a one-year service contract with an Internet Service Provider on behalf of the Organization, in the event the Organization is selected to win a prize. The Representative represents and warrants that he/she is duly authorized to act on behalf of the Organization, and has read the Official Rules and that the Organization agrees to abide by these Official Rules. The Representative will ensure that any member of the Organization participating in entering the Submission, or in decisions related to the Submission and the Organization’s internet service, has read and complies with the Official Rules.

D. The following Organizations are not eligible regardless of whether or not they meet the criteria set forth above:

(i) the Sponsors, the Administrator, and any advertising agency, contractor or other organization involved with the design, production, promotion, execution, or distribution of the Competition. 

4. Competition Submission Period

A. Contestants may enter a Submission between October 19, 2012 at 10:00am Eastern Time and December 27, 2012 at 2:00pm 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 10:00am Eastern Time on October 19, 2012, visit www.nycfiberchallenge.com (the “Competition 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 to create a ChallengePost account.

(ii) After a Contestant signs up on the Competition Website a confirmation email will be sent to the email address provided by the Contestant. The Contestant will need to verify their email address using the link provided in the confirmation email.

(iii) Contestant should indicate their agreement in participating by clicking “Accept this Challenge” on the Competition Website 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’s Representative. 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) During the Competition Submission Period, Contestant must visit the Competition Website and confirm that they have read and agree to the Official Rules. The Contestant may enter a Submission by completing the Enter a Submission form at www.nycfiberchallenge.com

(ii) Submissions must include: 

a. the legal name of the Organization submitting; 

b. a brief text description of the submitting Organization;

c. the submitting Organization’s complete and valid physical address in New York City, where fiber wiring is desired (the “Location”);

d. the Organization’s phone number;

e. the Organization’s industry sector;

f. a description of business activity and job functions of the Organization at the Location;

g. the Organization’s total number of employees; 

h. the total number of employees working at the Location and the Organization’s total number of employees;

i. the Organization’s current type of internet connectivity at the Location;

j. a description of how fiber connectivity could increase jobs and productivity at the Location;

k. the current upload and download speed of the Organization’s internet connection; 

l. indication of whether the Organization is located in an Industrial Business Zone;

m. confirmation that Contestant understands that if they are selected as a potential finalist they will be required to provide a signed Landlord Agreement;

n. confirmation that Contestant understands that if they are selected as a winner they will be required to enter a one-year service contract at negotiated market rates with a participating Internet Service Provider; and

(a-n above, are collectively a “Submission”)

(iii) Contestants are encouraged to include the following with their Submission:

a. a file upload of a signed ConnectNYC Landlord Agreement; and

b. a link the Contestant’s website, if available.

(iv) For sake of clarity, all parts of the Submission must be entered at the same time on the Competition Website. All Submissions must be received by no later than 2:00pm Eastern Time on December 27, 2012.  

(v) Once a Submission has been submitted and the Submission Period has ended, a Contestant may not make any changes or alterations to the Submission. Contestants may also save draft versions of their Submission before entering it on the Competition Website.

6. Submission Requirements

A. Language Requirements

Submissions must be in English.

B. Text Description Requirements

(i) The text description field should descript the Contestant’s Organization. The text description may be displayed publicly on the Competition Website, if the Contestant is selected as a winner and should not include private or proprietary information.

C. General Requirements

In addition to the requirements described above in Section 5(B):

(i) Contestants may be required to provide additional information, and the Administrator has the right to request additional information, to verify the accuracy of the Submission. Failure by a Contestant to timely respond or fully honor such a request may result in disqualification of the Submission.

(ii) Contestants may only submit one Submission for a single Location. In the event that an Organization has more than one Location in New York City, the Contestant may submit a separate Submission for each eligible Location.

(iii) Submissions must not attempt to duplicate a prior Submission already submitted in this Competition. Sponsors or Administrator reserves the right in its sole discretion to disqualify any Submission that is a duplicate or substantially similar to another Submission.

(iv) Submissions must: (a) be truthful and accurate; (b) be the original work product of the Contestant; and (c) not violate the Intellectual Property rights including copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity. 

(v) By entering a Submission, Contestant represents, warrants and agrees that the Submission is truthful and accurate, their own work, and complies with the Official Rules. 

Contestant further represents, warrants and agrees that any use of the Submission by the Sponsors, 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, moral rights nor any other rights of any person or entity; or

b. constitute or result in any misappropriation or other violation of any person’s publicity rights or right of privacy.

(vi) The Sponsor shall have the right to reject a Submission upon notice to the Contestant for any reason deemed by the Sponsor to be in its interest.

7. Submission Rights

A. All Submissions may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law of the State of New York (“FOIL”). A respondent may provide in writing, at the time of its submission, a detailed description of the specific information contained in its submission which it has determined is a trade secret and which, if disclosed, would substantially harm such entity’s competitive position. This characterization shall not be determinative, but will be considered by the Sponsors when evaluating the applicability of any exemptions in response to a FOIL request. 

B. Submissions will include components that may be displayed publicly on the Competition Website and other media, with attribution to the Contestant (the “Public Submission”) and components that will not be displayed publicly unless disclosure is required in accordance with FOIL, or will only be displayed anonymously (the “Non-Public Submission”). The Public Submission includes the name of the Contestant Organization, description of the Organization, Location, logo image (if submitted), and website URL (if submitted). The Non-Public Submission includes: the industry sector; description of business activity and job functions at the Location; total number of employees; the total number of employees working at the Location; the Organization’s current type of internet connectivity at the Location; the description of how fiber connectivity could increase jobs and productivity at the Organization’s Location; and the ConnectNYC Landlord Agreement (if entered with the Submission).

C. The Sponsors and Administrator, and any third parties acting on the Sponsors’ behalf, will have a royalty-free, non-exclusive, worldwide license to display publicly and use for promotional purposes the Public Submission, in perpetuity. This license includes posting or linking to the Public Submission on Sponsors and Administrator’s websites, including the Competition Website, and partner websites, and inclusion of the Submission in any other media, worldwide. The Non-Public Submission may be viewed by the Sponsors, Administrator, and Judges for screening and evaluation purposes, and may be disclosed in accordance with FOIL. The Sponsors reserve the right to publish or display components of the Non-Public Submissions anonymously, or as aggregated data that does not reveal the identity of the Contestant.

8. Selection of Finalists and Judging Criteria 

Between December 28, 2012 and February 18, 2013 all Submissions will be evaluated in a two-phased process. First, Submissions will be evaluated by a panel of judges selected by the Sponsors and Administrator to select finalist Submissions (the “Finalists”). Second, ISPs will evaluate the Finalists to select potential winning businesses.

Phase I 

A. In the first phase, the submissions will be evaluated by a qualified panel of impartial judges (the “Judges”) selected by the Sponsors and the Administrator. Such Submissions may be evaluated in one or more rounds of judging, and each round of judging may involve different Judges. The Judges will evaluate each Submission on the criteria identified in these Official Rules to select Finalist. The Sponsors and the Administrator reserve the right to substitute or modify the judging panel 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 Sponsors or the Administrator considers that it is inappropriate, for any reason, for the Judge to evaluate a specific Submission or group of Submissions. This includes, but is not limited to, cases where a Judge is employed by a Contestant, or otherwise has a material business relationship or affiliation with a Contestant.

C. Judges will rate the quality of all Submissions using the following three criteria:

(i) Potential for Industry Clustering. Includes factors such as proximity to other Contestant Locations and the potential for scale economies in wiring a Contestant’s building with fiber, and the potential to catalyze new industry clusters by wiring the business and nearby businesses.

Weighting: 30%

(ii) Potential Impact of Fiber on Contestant’s Business. Includes factors such as the Contestant’s business activities and job functions at the Location, the number of employees impacted, and the potential for increased productivity and employment at the Location.

Weighting: 30%

(iii) Potential to Improve Broadband Infrastructure in Underserved Areas. (Includes whether the applicant is in an underserved area or building with limited or non-existent broadband infrastructure). 

Weighting: 40%

D. Submissions will qualify for one award category based on whether their Location is in the service area of Cablevision or Time Warner Cable Business Class (the “Participating ISPs”), and on whether their Location is in an Industrial Business Zone (“IBZ”). The categories are: Cablevision Award; Cablevision IBZ Award; Time Warner Cable Business Class Award; and Time Warner Cable Business Class IBZ Award.

E. Potential Finalists for each award category will be determined as follows:

(i) Contestants whose Submissions earn the highest overall scores in the Cablevision Award category will become potential Cablevision Award Finalists.

(ii) Contestants whose Submissions earn the highest overall scores in the Cablevision IBZ Award category will become potential Cablevision IBZ Award Finalists.

(iii) Contestants whose Submissions earn the highest overall scores in the Time Warner Cable Business Class Award category will become potential Time Warner Cable Business Class Award Finalists.

(iv) Contestants whose Submissions earn the highest overall scores in the Time Warner Cable Business Class IBZ Award category will become potential Time Warner Cable Business Class IBZ Award Finalists.

F. All potential Finalists who did not enter a signed Landlord Agreement with their Submission, will be required to provide a signed Landlord Agreement within seven (7) business days of being notified that they are potential Finalists. Potential Finalists must send the signed Landlord Agreement to Support@ChallengePost.com. At the sole discretion of the Sponsors and Administrator, a potential Finalist will be deemed ineligible to advance to Phase II if:

(i) the potential Finalist cannot be contacted within five (5) business days;

(ii) the notification to the potential Finalist is returned as undeliverable;

(iii) the potential Finalist fails to submit a signed Landlord Agreement; or

(iv) the Submission or potential Finalist's team or Organization is disqualified for any other reason. In the In the event of such disqualification, the Sponsors and Administrator, at their sole discretion, may select the next highest scoring Submission in the award category as a potential Finalist.

G. A Contestant’s likelihood of becoming a Finalist will depend primarily on the number and quality of Submissions in the category for which they qualify, as determined by the Judges using the criteria in these Official Rules.

Phase II

A. The Judges will provide a list of Cablevision Award Finalists and Cablevision IBZ Award Finalists to Cablevision, and a list of Time Warner Cable Business Class Award Finalists and Time Warner Cable Business Class IBZ Award Finalists to Time Warner Cable Business Class for Phase II of the evaluation process.

B. The Participating ISPs will estimate the cost to build-out fiber connectivity for each of their respective Finalists.

C. The Participating ISPs will select winners from the Finalists using criteria of their choosing, including, for example, the feasibility and cost of wiring the Finalist’s Location.

D. The Finalists whose Submissions earn the highest overall scores in their respective category, and whose aggregate estimated fiber build-out costs come closest to, without exceeding, the Total Award Amount for that category identified below in Section 10, will become a potential winner of the Prize identified below in Section 10. 

9. Verification of Winners

A. ALL POTENTIAL COMPETITION WINNERS ARE SUBJECT TO VERIFICATION OF IDENTITY, QUALIFICATIONS AND ROLE IN THE CREATION OF THE SUBMISSION BY THE SPONSORS 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 February 1, 2013. For sake of clarity, the notification will only be sent to the Representative of the Organization. 

B. In order to receive a Prize, the potential winner will be required to: 

(i) 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.

(ii) Sign a one-year service contract with the Participating ISP providing the Prize for the award category in which the Contestant is a potential winner within 90 business days of notification. The cost of the service contract will be at negotiated market rates. The cost for a one-year service contract varies depending on the package and the desired service features. For information on potential costs for their Location, Contestants are encouraged to Contact a participating ISP providing service at their Location. Cablevision: 1-866-575-8000; Time Warner Cable Business Class: 1-877-739-0468. The negotiation of the service cost and the payment for service under the ISP service agreement is solely the responsibility of the winner.

B. At the sole discretion of the Sponsors and Administrator, a potential winner will be deemed ineligible to win if: 

(i) the potential winner cannot be contacted within seven (7) business days, or is contacted and refuses the Prize; 

(ii) the potential winner 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 potential winner fails to sign a one-year service contract with the Participating ISP providing the Prize within 90 business days of notification;

(iii) the notification to the potential winner 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, Sponsors, Administrator, and Participating ISPs at their sole discretion may award the applicable Prize to an alternate potential winner.

10. Prizes

Fiber build-outs with an aggregate value of up to US $7,000,000 will be awarded in the Competition. At least 25% of the total award value will be awarded to Finalists in the Cablevision IBZ Award and Time Warner Cable Business Class IBZ Award categories.

Winner

Prize

Quantity

 

Cablevision Award

Build-out of Fiber Internet Connectivity to the winner’s Location.

Equal to the number of Finalists whose Submissions earn the highest overall scores in the category, and whose aggregate estimated fiber build-out costs come closest to, without exceeding, the total award amount for the category.

Cablevision IBZ Award

Build-out of Fiber Internet Connectivity to the winner’s Location.

Equal to the number of Finalists whose Submissions earn the highest overall scores in the category, and whose aggregate estimated fiber build-out costs come closest to, without exceeding, the total award amount for the category.

Time Warner Cable Business Class Award

Build-out of Fiber Internet Connectivity to the winner’s Location.

Equal to the number of Finalists whose Submissions earn the highest overall scores in the category, and whose aggregate estimated fiber build-out costs come closest to, without exceeding, the total award amount for the category.

Time Warner Cable Business Class IBZ Award

Build-out of Fiber Internet Connectivity to the winner’s Location.

Equal to the number of Finalists whose Submissions earn the highest overall scores in the category, and whose aggregate estimated fiber build-out costs come closest to, without exceeding, the total award amount for the category.

A. No Prize substitutions will be made. Prizes must be accepted as awarded. No transfer or substitution of a Prize is permitted except at the Sponsors’ and Administrator’s sole discretion. The Prize will be provided by the Participating ISP following receipt of the signed affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) form(s) and within 90 days of receipt by the Participating ISP of a signed one-year service agreement.

B. Each Contestant hereby acknowledges and agrees that the relationship between the Contestant, the Sponsors 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 Sponsors and Administrator for the purposes of this Competition does not place the Sponsors, the Administrator, and their respective 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 Submission, except as specifically provided in these Official Rules.

11. Entry Conditions and Release

A. By entering, each Contestant (including all participating members of the Organization) agree(s) to:

(i) comply with and be bound by these Official Rules and the decisions of the Sponsors, Administrator, and/or the Competition Judges which are binding and final in all matters relating to this Competition; 

(ii) release, indemnify, defend and hold harmless the Sponsors, Administrator, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers 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 Sponsors, 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 Website;

(iii) unauthorized human intervention in any part of the entry process or the Competition;

(iv) technical or human error which may occur in the administration of the Competition or the processing of Submissions; or

(v) any injury or damage to persons or property which 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.

12. Publicity

Participation in the Competition constitutes a winner’s consent to Sponsors and Administrator’s, and their agents’ use of the winner’s Organization name and description, and the likeness, photograph, voice, opinions, comments and/or hometown and state of residence of members of the Organization who participated in the Submission, for promotional purposes in any media, worldwide, without further payment or consideration, for a period of two years following the conclusion of the Competition.

13. General Conditions

A. Sponsors 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 Sponsors and Administrator’s control impairs the integrity or proper functioning of the Competition, as determined by Sponsors and Administrator at their sole discretion. The Sponsors and Administrator reserve the right at their 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 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 Sponsors and the Administrator reserve the right to take proper legal action, including, without limitation, referral to law enforcement, for any illegal or unlawful activities.

C. The Sponsors and/or the Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsors 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 Sponsors 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 Website, television, print, radio or online advertising, the terms and conditions of the Official Rules shall prevail.

E. The Sponsors 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 Sponsors and the Administrator. The Sponsors and Administrator will post the terms and conditions of the amended Official Rules on the Competition Website. Any amendment will become effective at the time the Sponsors 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 Sponsors 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 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 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.

14. Limitations of Liability

By entering, all Contestants, including the participating members of the Organization, 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.

15. 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 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 exclusively by the United States District Court of New York or the appropriate New York State Court; and 

(iii) under no circumstances will Contestants be entitled to, and Contestants hereby waive all rights to claim, any punitive, incidental 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.

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 Sponsors and the Administrator in connection with the Competition, shall be 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.

16. Privacy

Any personal information collected from you when entering the Competition is subject to the Administrator’s privacy policy located here: http://ChallengePost.com/privacy.

17. Competition Results

For Competition results, visit Competition Website on or about May 31, 2013.

18. Contact Us

If you have any questions or wish to send us any notice regarding this Competition, please email us at Support@ChallengePost.com