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

Introduction

MTA App Quest (the “Competition”) is an MTA competition challenging the software development community and the public to create new software applications using MTA data. The Competition is intended to provide recognition to individuals and teams consisting of individuals, for-profit legal entities and/or non-profit organizations (collectively, “Contestants”) for developing innovative apps that utilize MTA data available at http://mta.info/developers/ (“MTA Data”). The MTA’s goals for the Competition are to: (1) stimulate the creation of new apps that enhance the transportation experience of MTA’s customers; (2) raise awareness of MTA data; and (3) promote additional MTA engagement with third-party software developers. The Competition is being administered for MTA by ChallengePost, Inc. (“Administrator”).

Summary* of How to Enter and Judging Criteria

  1. Create a working Software Application (the "Application”) that uses at least one data set from MTA Data. The MTA Data site is located at http://mta.info/developers/. While not required, other third-party data may be used in combination with MTA data.
  2. Visit MTAAppQuest.com to create an account and during the Submission Period submit a link to your Application, a video of your Application to demonstrate navigation and functionality, and a text description of your Application, and one photograph of your Application home screen (collectively, the “Submission”). The Submission Period starts July 11, 2011 at 10:00 AM Eastern Time (“ET”) and ends November 21, 2011 at 5:00 PM ET.
  3. Your Application must: (a) be new or, if not new, incorporate MTA Data that was added to the Application after the start of the Competition Submission Period; and (b) at the sole judgment of the MTA and Administrator, not be substantially similar to a prize-winning Application submitted by you in any prior software application competition.
  4. Commercial Rights to your Application:
    (a) You will continue to own any applicable intellectual property rights in your Application, with the exception of any protected MTA intellectual property (“MTA IP”) incorporated into your Application (see 5 below).
    (b) You may permit download of your Application by the public free of charge or for a fee.
    (c) The Application may include in-Application advertising if you wish.
    (d) By submitting the Application to this Competition, you grant the MTA and the Administrator a royalty-free license to: (i) post on MTAAppQuest.com and the MTA App Center located at http://mta.info/apps your Submission(s), and a link to the downloadable Application in the online store of the applicable software platform (e.g. Apple Store) or, if not sold through such platform, to your website; and (ii) publicize the names of Competition participants (including the individual members of a team) and winners, and their Applications through media and events of MTA’s choosing. Such license shall remain in force for the duration of the Competition and for a period not to exceed one year following the conclusion of the Competition.
  5. Incorporation of any protected MTA Intellectual Property (“IP”) into the name, design, functionality and/or features of your Application will require a license from MTA prior to distribution or sale to the general public. MTA intellectual property includes, but is not limited to, MTA agency names/logos, maps, signage, and subway route symbols. Protected intellectual property does not include the MTA Data. MTA will enter into a royalty-free license for use of MTA IP if an app is free to download, regardless of whether the Application is ad-supported. MTA will enter into a royalty-based license for use of MTA IP in an app that requires payment to download by the end user. The royalty rate is ten (10%) percent of net sales of the app, payable each calendar quarter. If a contestant will be using MTA intellectual property, the Contestant must obtain a license by no later than the start of the judging and public voting period, which is November 30, 2011 at 10:00 AM ET. To request a license, go to http://www.mta.info/developers/license.html.
  6. Submissions for Best Overall Applications will be judged on the following three criteria: (1) Quality of the Idea (including creativity and originality); (2) Implementation of the Idea (including user experience and design); and (3) Potential Impact on MTA riders, including enhancing navigation and commuter experience.

*The sections below provide more detailed information and additional requirements and restrictions.

1. Can I Participate?

The Competition for cash and in-kind prizes is open only to: (1) legal residents, 18 or older, of the fifty (50) United States and its territories; and (2) for-profit and non-profit legal entities that are domiciled in the United States that are in existence at the time of entry and employ fewer than fifty (50) people at the time of entry. If an entity employs 50 or more people, it may compete for the “Large Organization Recognition Award” (see 5 below). If a submission is on behalf of a team, each member of the team must meet the applicable eligibility requirement. An individual or entity may submit one or more entries on its own behalf and, in addition, may be a member of one or more teams that submit other Applications.

The following persons and legal entities are not eligible to compete in the Competition: The judges, ChallengePost, Inc., advertising agencies, and any other company or individual involved with the design, production, execution, or distribution of the Competition, any person that is an MTA or MTA agency contractor or is employed by the MTA or an MTA agency contractor and is working on a project for the MTA or an MTA agency, any legal entity that is an MTA or MTA agency contractor, and any person or legal entity involved in any other situation where, in the MTA’s sole judgment, it would be inappropriate for that person or legal entity to participate in the Competition. Any of the aforesaid person’s immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) or household members (people who share the same residence at least three (3) months out of the year) are also not eligible to compete in the Competition.

The Competition is subject to New York laws and regulations and is void in any jurisdiction where such a competition is prohibited.

By creating a contest account, the Contestant unconditionally agrees to be bound by these Official Rules and that all MTA and Administrator decisions related to the Competition are final and binding. Eligibility to win a prize is contingent upon Contestant fulfilling all submission requirements and meeting the requirements for the prize.

2. When Do I Enter?

Between July 11, 2011 at 10:00 AM ET and November 21, 2011 at 5:00 PM ET (the “Competition Submission Period”). Administrator’s computer is the official time keeping device for this Competition.

3. How Do I Enter?

A. Register

During the Competition Submission Period, visit MTAAppQuest.com and register. Registration is free. No purchase necessary. After you register you must verify your email address via the registration email sent to the email entered in the registration form. Registered Contestants will then be able to enter a Submission. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Contestant. 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. Contestants must comply with the terms of use of MTA Data and other intellectual property at http://mta.info/developers/. Failure to do so could result in disqualification from the Competition and, if applicable, revocation of a prize, at the sole discretion of the MTA and Administrator.

B. Online Requirements

Each Contestant is required to provide the following as part of the Submission:

  1. A link to the Application.
  2. A video demonstration of the Application.
  3. A text description of the Application.
  4. At least one photograph of the Application home screen.
C. Submission Requirements:
  1. A submission must be a software application that uses at least one of the MTA data sets available at http://mta.info/developers/, and include the ability to update/refresh the data. Note: There may be limited changes (updating or refreshing) to the existing MTA Data datasets. MTA may add one or more new data sets after July 11, 2011. A Contestant may include any of these additional data sets in its Application, but that will not extend the Competition Submission Period.
  2. A submitted Application may be based on any kind of technology, i.e., for the web, a personal computer, a mobile handheld device, SMS, or any software platform broadly available to the public.
  3. A submitted Application must function as expressed in the text description.
  4. Submissions may, but are not required to, combine MTA Data with non-MTA Data, provided the inclusion and use of the non-MTA Data does not infringe upon the rights of any person or entity. If, in addition to including MTA Data, a submission includes protected MTA intellectual property, a written license from MTA for such use must be obtained. To request a license, go to http://www.mta.info/developers/license.html. A contestant may submit more than one Application. However, each submission must, at the sole discretion of the MTA and Administrator, be substantially different from Contestant’s other submissions. If similar submissions are received, only the first Application submitted will be entered into the Competition.
  5. A Contestant may not submit an Application that is substantially similar to an Application that has previously been submitted by the Contestant to another contest and won a prize.
  6. An Application submitted to the Competition must either be a new Application or, if the Application is not new, be an upgraded version of the existing Application which, after the start of the Competition, incorporated new MTA Data. Applications that are already featured in the MTA App Center at http://mta.info/apps/ will be eligible if, after the start of this Competition, the Application, as submitted to the Competition, is upgraded to include one or more additional MTA Data sets.
  7. Submissions requiring approval from a third party, such as an app store, in order to be accessible to the public, must be submitted to such third party or app store for review before the end of the Competition Submission Period. For any software platform that is not easily shared on the web before store approval, such as Apple iPhone, you may submit your working software app using a web framework designed for those platforms (such as PhoneGap), and provide the required link to a video of your working application. MTA and/or Administrator may request access to the application in person or via device UDID provisioning to verify any criteria or functionality of your Application.
  8. Submissions must either be in English or, if in a language other than English, the Submissions must be accompanied by an English translation of that text.
  9. A Submission may be rejected at the sole discretion of the MTA and Administrator if the Submission, either in part or in its entirety, is deemed to be obscene, defamatory, likely to incite violence or illegal activity, as defined by New York Penal Law §235.00, in violation of any third-party’s rights, or is otherwise deemed to be inappropriate.
  10. Submission must: (a) be the original work product of the Contestant; (b) be solely owned by Contestant and with no other person or entity having any right or interest in it; and (c) not violate the Intellectual Property rights including copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity. A Contestant may contract with a third party for technical assistance to create the Submission provided the Application is solely the Contestant’s work product and the result of the Contestant’s ideas and creativity and the Contestant owns all rights to it.
D. Submission Rights for Contestants:
  1. A Contestant will continue to own any applicable intellectual property rights in their Submission and may permit download of the Application by the public free of charge or for a fee, and may include in-Application advertising.
  2. By submitting the Application to this contest, you grant the MTA and the Administrator a royalty-free license to: (a) post on MTAAppQuest.com and the MTA App Center located at http://mta.info/apps, your Submission(s), and a link to the downloadable app in the online store of the applicable software platform (e.g. Apple Store) or, if not sold through such platform, to your website; and (b) publicize names of Competition winners and their app(s) through media and events of MTA’s choosing. Such license shall remain in force for the duration of the Competition and for a period not to exceed one year following the conclusion of the Competition.

Once a Contestant enters a Submission, the Submission cannot be modified in any way until after the Judging is complete.

4. Display of Submissions and Public Voting

Submissions will be posted on MTAAppQuest.com on a rolling basis after being screened by the Administrator for basic functionality, accuracy of messaging, and integrity (i.e., security), and appropriateness of content. The Administrator has the right to request access to the Application in person or via any reasonable manner to verify the Application functions and operates as stated in the Submission. Failure by a Contestant to honor such a request may result in immediate disqualification of the Submission. The members of the general public, including all Contestants will have equal access to Submissions posted on the website.

Non-Contestants interested in the Competition may obtain updates on the competition and vote for their favorite Submissions as part of the Popular Choice Awards, by registering as a visitor on MTAAppQuest.com. Such registered visitors will be able to place one vote per day for each of their favorite Submissions

The public voting is tentatively scheduled to take place between November 30, 2011 at 10:00 AM ET and January 11, 2012 at 5:00 PM ET. Public voting will determine the winner of the Popular Choice Award Grand Prize and Popular Choice Award Second Prize. Each registered visitor is able to place one vote per day for each of their favorite Submissions. Use of an automated process or similar device to submit an electronic vote is strictly prohibited. Any attempt to circumvent the one-vote limit per Submission per day or to use any form of automated vote process will subject all votes from the person to disqualification. The MTA and/or Administrator reserves the right to disqualify any Contestant in their sole discretion, if a Contestant receives multiple and/or irregular votes from the same user or users, or receives votes in a manner that otherwise may indicate automated or non-automated vote manipulation. If the voting process for the Popular Choice Awards fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the MTA and/or Administrator in their sole discretion reserves the right to use another means to determine the winner of the Popular Choice Awards. Contestants may not pay or otherwise compensate anyone or provide any other type of consideration, in exchange for votes.

Any Contestant who, in the sole judgment of the MTA and Administrator, violates any prohibition in the rules will be disqualified.

Public votes may be displayed on the competition website, on a real-time basis, before being verified for integrity. These unverified votes will not necessarily reflect accurately the voting for the Popular Choice Awards.

The winners of the Popular Choice Awards will be determined on the basis of the verified vote counts, as determined by the MTA or Administrator. MTA and the Administrator reserve the right to extend the voting period at any time for any reason.

Submissions for the Large Organization Recognition Award are not eligible for the Popular Choice Awards.

5. Winner Selection and Judging Criteria

Submissions will initially be screened by a Preliminary Panel of Judges selected by MTA and Administrator at their sole discretion. The Preliminary Panel will judge the Submissions on the criteria identified below to select finalist Submissions. Finalist Submissions will be judged by a Finalist Panel of Judges selected by the MTA and Administrator that will include individuals from the MTA, other leading transportation experts, and members of the technology, academic, and venture capital communities. MTA and Administrator reserve the right to substitute or modify the judging panels 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, the MTA or the Administrator 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 primarily on the number and quality of all of the Submissions, as determined by the Judges using the criteria below. The approximate dates for the judging panel are between November 30, 2011 at 10:00 AM ET and January 11, 2012 at 5:00 PM ET.

Best Overall Applications

Criteria

  1. Quality of the Idea (including creativity and originality)
  2. Implementation of the Idea (including user experience and design)
  3. Potential Impact on MTA riders, including enhancing navigation and commuter experience

The eight (8) Contestants whose Submissions earn the highest overall score will win the prizes identified below in section 7. In the event of a tie, the final winner shall be determined at the sole discretion of the MTA and Administrator based on the criteria described above in (1), then (2), and finally (3).

Two (2) winners will be based solely on the voting of registered visitors to MTAAppQuest.com. If there is a tie between one or more Submissions for one of the Popular Choice Awards, the final winner shall be determined at the sole discretion of the MTA and Administrator based on the criteria described above in (1), then (2), and finally (3).

Large Organization Recognition Award

Criteria

  1. Quality of the Idea (including creativity and originality)
  2. Implementation of the Idea (including user experience and design)
  3. Potential Impact on MTA riders, including enhancing navigation and commuter experience

One Large Organization Contestant whose Submissions earns the highest overall score for the Large Organization Recognition Award will win the non-cash prize identified below in section 7. In the event of a tie, the final winner shall be determined at the sole discretion of the MTA and Administrator based on the criteria described above in (1), then (2), and finally (3).

Eligibility Requirement Exclusively for the Large Organization Recognition Award: Organizations must be legally established for profit or non-profit entities domiciled within the fifty (50) United States or its territories. Organizations with 50 or more employees will be eligible only for the Large Organization Recognition Award.

6. Verification of Potential Winners

ALL POTENTIAL COMPETITION WINNERS ARE SUBJECT TO VERIFICATION OF IDENTITY, QUALIFICATIONS AND ROLE IN THE CREATION OF THE APPLICATION BY MTA AND 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. The potential winners will be notified on or about February 2, 2012, unless the Competition Submission Period is extended. In order to receive a prize, a potential winner will be required to sign and return to Administrator, within ten (10) business days of the date notice is sent, an affidavit of eligibility, and liability/publicity release. In the sole discretion of the MTA and Administrator, a potential winner will be deemed ineligible to win if: (i) the person/entity cannot be contacted; (ii) fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period; (iii) the prize or prize notification is returned as undeliverable; or (iv) is disqualified for any other reason. In the event of a disqualification of a winner, the MTA and Administrator in their sole discretion may award the applicable prize to an alternate winner. If a winner is considered to be a minor in is his or her state of residence, at MTA and Administrator’s sole option, the prize will either be awarded to the winner’s parent or legal guardian on behalf of the winner, or the minor’s parent or guardian, and the minor will be required to sign the affidavit of eligibility, and liability/publicity release.

7. What Can I Win?

Winner Prize Quantity
Best Overall Application – Grand Prize $5,000 1
Best Overall Application – Second Prize $3,000 1
Best Overall Application – Third Prize $1,500 1
Best Overall Application – Honorable Mention $500 5
Popular Choice Award – Grand Prize $2,000 1
Popular Choice Award – Second Prize $1,000 1
Large Organization Recognition Award Plaque 1

For all Prizes: Winners are responsible for reporting and paying all applicable federal, state and local taxes. Prize winners of $600 or more will be required to provide information that is required including filling out any tax forms when necessary. No transfer or substitution of a prize is permitted except by MTA and Administrator. If a winner consists of more than one person or legal entity, the prize will be awarded to the group and the group will be required to inform the Administrator how the prize should be distributed.

8. Other Things to Know

Entry Conditions and Release

By entering, each Contestant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the MTA, Administrator, and/or the Competition judges which are binding and final in all matters relating to this Competition; (b) represents and warrants that the Application entered into the Competition is Contestant’s original work product, that Contestant owns all rights necessary in order to enter the Application in this Contest and for the Application to be used in accordance with Contest rules; and (c) consents to the use by MTA and Administrator of their name and likeness in any media in connection with the Contest for a period of one year following the conclusion of the Competition.

Publicity

Participation in the Competition constitutes a Contestant’s and winner’s consent to MTA’s, Administrator’s and their agents’ use, in the context of participation in the Contest and where applicable, being a winner, of Contestant’s and, where applicable, winner’s, name, likeness, photograph, voice, opinions and/or hometown and state for advertising, promotional and related purposes in any media, worldwide, without further payment or consideration for a period of one year following the conclusion of the Competition.

General Conditions

MTA 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 MTA and Administrator’s control impairs the integrity or proper functioning of the Competition, as determined by MTA and Administrator in their sole discretion. MTA and Administrator reserve the right in their sole discretion to disqualify any individual or Competitor it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Official Rules or in a manner that is inappropriate, or not in the best interests of this competition.

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, MTA and Administrator reserve all rights provided by law.

MTA and/or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. MTA and Administrator are not responsible for, nor are they required to count any vote which, in their sole judgment, is defective or otherwise in violation of these rules.

Limitations of Liability

The MTA and Administrator are not responsible for: (1) any incorrect or inaccurate information, whether caused by MTA’s, 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; (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 Competition; (4) technical or human error which may occur in the administration of the Competition 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 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, Contestant’s sole remedy is to request the opportunity to resubmit its Submission, which request will be determined in the sole discretion of the MTA and Administrator. No more than the stated number of prizes will be awarded.

Disputes

Contestants agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, other than those concerning the administration of the Competition 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 this Competition, or any prizes awarded, shall be resolved exclusively by a United States District Court or the appropriate New York State Court located within New York City; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with creating an Application and/or entering this Competition, but in no event attorneys’ fees; and (4) under no circumstances will Contestants be permitted to obtain awards for, and Contestants 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 Contestants, MTA and 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.

Privacy

MTA and Administrator collect personal information from you when you enter the Competition. The information collected is subject to the privacy policy located here: http://challengepost.com/privacy.

Competition Results

For Competition results go to MTAAppQuest.com on or about February 2, 2012. If for any reason the Competition Submission Period is extended, a later date for publication of results will be posted on the Competition website.

MTA and Administrator

MTA: New York State Metropolitan Transportation Authority, 347 Madison Avenue
New York, NY 10017. Administrator: ChallengePost, Inc., 425 W. 13th Street, Suite #504, New York, NY 10014.

Disclaimer: The rules were clarified after the Competition started to specifically address the eligibility of contractors, their family, and household members. In addition, the submission end date, the voting and judging dates, and winner announce dates were changed to be later in the year.