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Terms of Service

OFFICIAL RULES & TERMS AND CONDITIONS: Neighborhood Challenge “Sponsor Organizations” hereby jointly refers to the City of New York (“City”), NYC Department of Small Businesses Services, the NYC Economic Development Corporation, and the NYC Business Assistance Corporation. The following disclaimers are associated with your submission of input: Sponsor Organizations are using IdeaScale to engage the small business community, economic development professionals, professional organizations, the technology community and the public in an online dialogue in connection with the City’s Neighborhood Challenge Program (“Program”). While visitors may read the submitted ideas, questions, and comments without registering for an IdeaScale account, visitors who want to contribute ideas, questions, and comments, follow ideas, questions, and comments, receive e-mail alerts, or use other site features must create an account with IdeaScale. To create an account, you must provide the following information: name, e-mail address, stakeholder affiliation, zip code, and password. Your e-mail address will not be visible to the public and we do not collect, maintain, disclose, or share any information about registered IdeaScale users. Please note: Ideas, questions, and comments submitted to the site are public. As such, please do not include any personal information. You may view additional privacy details at the following IdeaScale URLs: Terms of Service and Privacy Policy. How to Enter: If you do not have an IdeaScale account, visit nyc.ideascale.com and create an account. Your Username, Full Name, Stakeholder type, Zip Code and any social media links and handles you choose to populate are the only identifying information that will be displayed with your input on the IdeaScale site. Upon completing your profile, you become a registered participant (a “Participant”) in Neighborhood Challenge, and will then be able to participate in the call by making submissions that conform to the requirements set forth herein (each, a “Submission”). From the Neighborhood Challenge: Connect & Recover home page, to submit your challenge or proposed solution, click the “Submit Challenge” button and provide the following information: Challenge title – This is your design name or idea title. Challenge description - A written description of the design or idea and its key achievements and benefits. Proposed solution – Any proposed solution you might want to submit. Industry sector – The industry to which the proposed challenge pertains. Borough – The NYC borough of where the challenge most pertains. Zip code – The zip code of where the challenge most pertains. Tags – The neighborhood location or other categorization tags the user might want to include. Click “Submit”. When you submit your Participant profile, we are requesting your stakeholder affiliation and zip code to track the extent of our outreach. Your email address will be used by IdeaScale to confirm your submissions, ideas, questions, and comments that have been received and if someone has commented on one of your ideas. Your email address will only be seen by the Sponsor Organizations’ administrators and moderators in the event that further input on your part is needed to clarify an idea, question, or comment you have submitted. Important Dates: Sponsor Organizations reserve the right to modify Submissions, judging and/or voting periods at any time for any reason. IdeaScale’s server is the official timekeeping device for this Program and its call. Submission Rights: All Submissions to the call remain the intellectual property of the individuals or organizations that developed them. By providing a Submission to this call, you grant to Sponsor Organizations a royalty free license to: (i) use your Submission; (ii) post your Submission(s) on the Program site and other associated sites of the Sponsor Organizations; and (iii) publicize the names, likeness, photograph, affiliations, titles, hometowns, boroughs and neighborhoods of Neighborhood Challenge Participants (including the individual members of a team) through social media and events of Sponsor Organizations’ choosing without any payment or consideration. Such license shall remain in force in perpetuity. In addition, no Submissions to Neighborhood Challenge amount to any express or implied contracts with any of the Participants or Supporters of this Program, including, but not limited to, NYC Department of Small Business Services, NYC Economic Development Corporation, New York City Business Assistance Corporation, or IdeaScale. It is an express condition of Submission that each Participant warrants and represents that any Submission by the Participant’ is their own for which Participant has the right to provide. Each Participant further represents and warrants to Sponsor Organizations and the other Supporters that the Submission, and any use thereof by [Sponsor Organization] or the other Supporters (or any of their respective partners, subsidiaries and affiliates), shall not: (i) be defamatory, obscene, indecent, harassing, violent or libelous in any manner toward any person or demonstrates a lack of respect for public morals or conduct, (ii) constitute or result in any infringement, misappropriation or other violation of any person's legal rights, including without limitation intellectual property, proprietary rights, publicity rights or right of privacy, moral rights or any other rights of any person or entity, (iii) misrepresent an affiliation with any individual or entity; or (iv) advertise or solicit business or employment with or on behalf of any entity or individual involved with or participating in this Program. Submissions will be rejected without notice if they contain any matter that, in the sole discretion of Sponsor Organizations, violates any of the conditions or representations contained or made herein. If Sponsor Organizations, in their discretion, finds any Submission to be unacceptable, then such Submission may be deemed disqualified. Conflicts of Interest: Participant represents and warrants that neither it nor any of its directors, officers, members, partners or employees, has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with their participation in the Program. Participant further represents and warrants that with respect to their participation in this Program no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of NYCEDC, NYBAC or the City, nor any person whose salary is payable, in whole or in part, from the City Treasury, shall participate in any decision relating to this Program which affects their personal interest or the interest of any corporation, partnership or association in which they are, directly or indirectly, interested; nor shall such person have any interest, direct or indirect, in the Participant throughout the duration of this Program. Program Subject to Applicable Law: The Program and its call are subject to all applicable federal, state, and/or local laws and regulations. Participation constitutes each Participant's full and unconditional agreement to these Official Rules and administrative decisions, which are final and binding in all matters related to the call. Submission Topic/Theme: All Submissions should meet the intent and spirit of the call, as defined in the Program summary, located here: https://nyc.ideascale.com/a/campaign-home/24648#campaign-details. Additional Terms and Conditions: Liability: Any and all information provided by or obtained from Sponsor Organizations is without any warranty or representation whatsoever, including but not limited to its suitability for any particular purpose. Upon registration, all Participants agree to assume and, thereby, have assumed any and all risks of injury or loss in connection with or in any way arising from participation in this call. Upon registration, all Participants agree to and, thereby, do waive and release any and all claims or causes of action against Sponsor Organizations, and their officers, employees and agents for any and all injury and damage of any nature whatsoever (whether existing or thereafter arising, whether direct, indirect, or consequential and whether foreseeable or not), arising from their participation in any of the calls, whether the claim or cause of action arises under contract or tort. Upon registration, all Participants agree to and, thereby, shall indemnify and hold harmless Sponsor Organizations and their officers, employees and agents for any and all injury and damage of any nature whatsoever (whether existing or thereafter arising, whether direct, indirect, or consequential and whether foreseeable or not), including but not limited to any damage that may result from a virus, malware, etc., to Government computer systems or data, or to the systems or data of end-users of the software and/or application(s) which results, in whole or in part, from the fault, negligence, or wrongful act or omission of the Participants or Participants' officers, employees or agents. Records Retention and FOIL: All materials submitted to the call as part of a Submission become Sponsor Organizations records and may be subject to release to the public pursuant to Article 6 of the New York State Public Officers Law, the Freedom of Information Law (FOIL). No confidential commercial information should be contained in any Submission. Any Submission marked as containing confidential, business sensitive, or proprietary information, may be deemed disqualified. General Conditions: Sponsor Organizations reserves the right to cancel, suspend, and/or modify the call, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor Organization's reasonable control impairs the integrity or proper functioning of the call, as determined by Sponsor Organizations in their sole discretion. Sponsor Organizations are not responsible for, nor is it required to count incomplete, late, misdirected, damaged, unlawful, or illicit votes, including those secured through payment or achieved through automated means. Supporters assume no responsibility for electronic hardware, programming or software malfunctions, or failures, or line connections, accessibility or availability, or technical failures of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of any Submission or other information, or for the failure to capture any such information. All activity on IdeaScale and all personally identifiable information collected through any pages on IdeaScale.com are subject to the Privacy Policy and Terms of Service set forth at: https://support.ideascale.com/en/articles/682918-ideascale-privacy-policy and https://support.ideascale.com/en/articles/682760-end-user-terms-and-conditions. Any personally identifiable information collected through this call is additionally subject to NY City Local Law 245 and 247. The call is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old (or the age of majority in his/her state, whichever is older) at the time of entry. Employees of Sponsor Organizations and its partners and subcontractors may participate in the call, including, but not limited to, offering Submissions and voting on Submissions. Except where prohibited, entrant agrees that: (1) any and all disputes, causes of action arising out of or connected with this call shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of the State of New York located in the City and County of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this call, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to assert and claim based upon the duty of good faith and fair dealing, any claim for indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Sponsor Organizations in connection with this call 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. ALL DECISIONS BY SPONSOR ORGANIZATIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CALL.

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