Tour PDX App Contest

Official Rules

ABOUT THE CONTEST

The purpose of the Tour PDX App Contest (the "Contest") is to produce applications that assist visitors and tourists in the Portland metro area and to encourage the use of transit (buses, MAX trains and the Portland Streetcar) to see the many great attractions, shopping areas and restaurants the area offers. We want visitors to talk about how easy it is to get around and come back to the Portland metro area again and again.

The Contest is sponsored by the Tri-County Metropolitan Transportation District of Oregon ("TriMet" or "Sponsor"), 4012 SE 17th Ave., Portland, OR 97202. The City of Portland ("City"), 1120 SW 5th Ave, Portland, OR 97204 and Travel Portland, 1000 SW Broadway, Suite 2300, Portland, OR 97205 have partnered with TriMet in support of this Contest.

Entry and participation in this Contest constitutes your full and unconditional agreement to these Official Rules ("Rules") and TriMet's decisions, which are final and binding in all matters related to the Contest. You must comply with all terms and conditions of these Rules. Winning is contingent upon compliance with these Rules, including but not limited to Rules regarding eligibility for participation.

NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED.

TIMELINE

The Contest will begin Saturday, October 8, 2011 at 9:00 AM PST, and end at 5:00 PM PST Wednesday, February 1, 2012.

PRIZES

The Contest culminates in an award ceremony that provides peer recognition for participants. One first prize winner will receive $1,500; one second prize winner will receive $1,000, and one third prize winner will receive $500. The total value of all prizes to be awarded is $3,000. Whether a prize winner or not, applications may be featured on the official TravelPortland.org, CivicApps.org, and TriMet.org/apps websites, in Sponsor's sole discretion.

Cash prize awards are provided by TriMet, 4012 SE 17th Ave, Portland, OR 97202.

Odds of winning depend on the number of eligible submissions received and the quality of submitted submissions. TriMet reserves the right to substitute prizes of equal or greater value.

ELIGIBILTIY

To be eligible, participants must be eighteen (18) years of age at time of submission and a resident of the United States or its territories. Participants must not be a member of the Judging Panel. Employees, officers and directors of TriMet, City and Travel Portland and immediate family (spouse, parents, siblings and children) of such employees, officers and directors may participate, but are not eligible for cash prize awards.

HOW TO PARTICIPATE

Here's how to get involved and submit your application:

Step 1: Get Started Check out developer.trimet.org and civicapps.org/datasets to get started on researching open source data sets. All application submissions must use at least one of the data sources from developer.trimet.org and/or civicapps.org. You are encouraged to seek other information as needed.

Step 2: Develop application

Application Rules include the following:

• Multiple submissions, per participant, are allowed. Subject to the Eligibility Rules, submissions are open to any individual, group of individuals or organization.
• Application submissions can be any form of common implementation, including websites, widgets, mashups, standalone applications, applications for mobile devices or targeting other commonly accessible technologies.
• All application submissions must use at least one of the data sources from developer.trimet.org and/or civicapps.org. There may be necessary or limited changes (updating or refreshing) to these existing datasets. This data may be combined with other datasets provided that the participant is authorized to distribute the data through their application.
• All application submissions must comply with TriMet's Terms of Use developer.trimet.org/terms_of_use.shtml.
• All application submission software must be licensed under an Open Source Initiative (OSI) approved open source license. See opensource.org/licenses/alphabetical for a listing of approved licensing schemes.
• All non-software content must be licensed under a Creative Commons or similar license.
• Participant warrants that participant is the original creator of and/or has all right, title, and interest in and to the submitted application and that the submitted application does not and will not infringe any intellectual property rights, including copyright, trademark, patent and trade secret, or any other proprietary right.
• Participant agrees to have their application submission be audited (in whole or in part) by an independent 3rd party as identified by Sponsor.
• All participants must place their application submission source code under one of the many public open source code repositories, such as Code.Google.com , GitHub, or others, no later than 5:00 PM PST, Wednesday, February 1, 2012.
• All application submissions must be accessible by the Judges and Sponsor for the purpose of review.
• Participants must maintain and have their submitted applications publicly available for twelve (12) months following the conclusion of the Contest.
• Submissions must not contain any matter which in the sole discretion of the Sponsor or Judges is deemed to adversely affect the public image or reputation of TriMet, City or Travel Portland. Such submissions will not be accepted and will be disqualified.
• All submissions must not have been entered in any other competition or violate the rights of other parties. Participant represents and warrants that the submission is free of any known virus or malware.
• If any functionality or text of a submission is in a language other than English, the submission must be accompanied by an English translation of that text.

Step 3: Submit application by 5 p.m. PST Wednesday, February 1, 2012.

• All entries must be submitted to TriMet via the Contest Submission page by using the "Submit App" button. To ensure entries are not from a computer, all content submissions will require a Captcha type challenge-response test.
• The Contest Submission Form must be completed to include:

Full name of participant
Address
Email
Contact phone
Brief description of app
Link to app for testing and judging
Link to source code
Optional: Include a description of how the app meets the judging criteria, however, this description shall not be included in the scoring of app submission for Contest award.

JUDGING

Judging Panel

A panel of judges (Judging Panel) will score applications using defined judging criteria (described below). The Judging Panel consists of eight judges: two to be selected by TriMet, two to be selected by City, and four to be selected by Travel Portland. The Judging Panel may change without notice at Sponsor's sole discretion. A Judge may elect to recuse him or herself from judging a submission, if in the Judge's sole discretion it is not appropriate for him or her to judge that particular submission because of a past or current relationship with that particular participant. A submission will not be at a disadvantage if a Judge recuses him or herself. Decisions of the Judging Panel and Sponsor will be final. Judging will be completed on or about March 1, 2012.

Judging Categories and Criteria

The four equally weighted judging criteria are:

1. Usefulness: Addresses needs of targeted demographic – visitors and tourists.
   • Design for visitors who may be unfamiliar with the Portland Metro Area
   • Encourage tourism by public transit in the Portland Metro Area
2. Appeal: Design of the application in terms of appearance & usability. Includes factors such as usability (efficiency, learnability, memorability, and effectiveness), user behavior (user satisfaction, user activity, retains user preferences, accessible), design (attention holding aesthetics, easy navigation, enticing content, appropriate layout), and environment (adequate performance, uses common libraries, maintainable, secure).
3. Innovative: Original, unique and inventive nature of the application. Includes factors such as whether the application presents information not available elsewhere, presents information in unique way, or allows information to be related in new ways.
4. Use of Data: Utilization of various datasets. Includes factors such as whether the application presents information from developer.trimet.org and/or civicapps.org, relates public data to other data sources, and the extent to which dataset(s) are used (depth and breadth relative to other submissions or alternatives).

   The three highest scoring applications will be determined based on scoring of the above criteria.

   ADDITIONAL RULES

   1. The potential winners will be notified by email, telephone, or mail no later than March 10, 2012. The potential winners may be required to sign and return to TriMet, within ten (10) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize award if applicable. If a potential winner of any prize award cannot be contacted, fails to respond to notification by TriMet within 2 days, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. Sponsor will select the final winner only upon final approval by Sponsor that the potential winner is eligible and complies with the Rules. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF SO INDICATED, UNLESS AND UNTIL THE POTENTIAL WINNER'S ELIGIBILITY AND COMPLIANCE WITH THESE RULES HAS BEEN VERIFIED, PARTICIPANT HAS SIGNED AN AFFIDAVIT OF ELIGIBILITY, AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE, AS MAY BE REQUIRED BY SPONSOR. Decisions by Sponsor regarding winner eligibility, notification, and acceptance or disqualification will be final and binding.

   2. TriMet reserves the right to cancel, terminate, modify or suspend the Contest for any reason including, without limitation, technical reasons, failures, non-compliance with these Rules or fraud. In such event, Sponsor may, in its sole discretion, determine the contest winners from among all non-suspect, eligible submissions received up to the time of such action using the judging procedure outlined above. Sponsor reserves the right in its sole discretion to disqualify any individual or participant it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Rules shall not constitute a waiver of that provision.

   3. Winners may waive their right to receive prizes, but will not receive any alternate prize or cash value. Prizes are not assignable and are nontransferable. No substitutions allowed by winner. Winners are responsible for all applicable taxes. The prize winner may be required to provide a government issued identification for identification purposes and Social Security Number for tax purposes.

   4. Submissions may be posted on trimet.org/tourpdxappcontest after the submission deadline and after being screened by the Sponsor for basic functionality in Sponsor's sole discretion. All participants will have access to submissions posted on the website.

   5. Acceptance of any prize constitutes winner's consent to TriMet, City and/or Travel Portland to each use and publish winner's name, likeness, photograph, voice, opinions, biographical information and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Such use will be without compensation and may be for editorial, public relations, promotional, or advertising purposes, or any other purpose as deemed reasonable by TriMet, City or Travel Portland.

   6. Participant agrees to defend, indemnify and hold harmless TriMet, City and Travel Portland, and their respective parent, subsidiary, affiliates, employees, agents, officers and directors and affiliated companies, any prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest (collectively, the "Released Parties") from and against any and all claims, expenses (including attorney's fees) and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, patent, trade secret or other intellectual property rights or other proprietary rights, property damage, or death or personal injury arising out of or relating to a Participant's entry, creation of an entry or submission of an entry, participation in Contest, breach of the Rules, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of entry; and all other claims arising out of or relation to a participant's development of an application and submission, submission and entry in the Contest and/or the participant's acceptance, use or misuse of prize.

   7. The Released Parties assume no responsibility or liability for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Contest ; (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 Contest ; (4) technical or human error which may occur in the administration of Contest or the processing of entries; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant's participation in the Contest or receipt or use or misuse of any prize; or (6) lost, late or misdirected entries, or for any telecommunications, software, hardware, Internet or other access issue that might hinder the ability of any participant to enter the Contest. No more than the stated number of prizes will be awarded. IN NO EVENT WILL TRIMET, CITY OF PORTLAND OR TRAVEL PORTLAND BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WITH RESPECT TO ANY AND ALL CLAIMS ARISING FROM OR RELATED TO PARTICIPANT'S PARTICIPATION IN THE CONTEST. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

   8. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prizes awarded, other than those concerning the administration of the Contest 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 Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Oregon State Court located in Multnomah County, Oregon; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest , but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the participant and City and Travel Portland in connection with TriMet, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon. The invalidity of any term or provision of these Rules will not affect the validity of any other provision. Waiver by TriMet of strict performances of any provision of these Rules will not be a waiver of or prejudice TriMet's right to require strict performance of the same provision in the future or of any other provision of these Rules

   9. TriMet collects personal information from participants when participants enter the Contest. The information collected is subject to TriMet's Privacy Policy. Participants should also be aware that TriMet is a public agency and personal information provided to TriMet may be disclosed in accordance with public records laws, and that any personal information participant discloses in their submission may be made public. If participant does not want this information made public, do not submit it.

   10. A list of the winners will be posted on trimet.org. For the Contest results go to trimet.org/tourpdxappcontest