French rules available upon request. Email support@challengepost.com to request a translation.

Energy Apps for Ontario 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.  

The Energy Apps for Ontario Challenge (the “Competition”) is being organized by MaRS Discovery District and funded by the Ontario Ministry of Energy. The Competition challenges individuals, teams, and organizations (collectively “Contestants”) to create functioning software application proofs of concept that will help households and businesses manage their energy consumption by connecting them directly to their own electricity data in a secure and consistent format.

Participation in the Competition constitutes Contestant’s full and unconditional agreement to these Official Rules and that all decisions related to the Competition that are made pursuant to these Official Rules are final and binding. Winning an award is contingent upon fulfilling all requirements specified in the Official Rules. 

Summary* of How to Enter and Judging Criteria

1. Click “Register” on EnergyAppsOntario.ChallengePost.com to sign up. Individuals who are at least the age of majority where they reside, teams of such individuals, and organizations may participate, provided they are a resident of or domiciled in the Province of Ontario, Canada (residents of other Provinces of Canada (excluding Quebec and Ontario) and the United States are eligible exclusively for the Best App by a Non-Ontario Resident award).
2. Visit the Resources page to sign up for access to the Green Button “Download My Data” standard, the Green Button “Connect My Data” standard API, the Green Button Connect My Data Ontario Reference Architecture and the Green Button Connect My Data test-lab for Ontario.
3. Create a working proof of concept software application that utilizes the Ontario Green Button Connect My Data standard API (an “Application”).
4. Create a demonstration video (YouTube or Vimeo) that walks through the main functionality of the Application via screencast or video.
5. Provide a way for us to access your Application by including an installation file with your submission, sharing a test build, or by providing a URL where your Application can be accessed for testing and judging.
6. Submit your Application by 5:00pm Eastern Time on January 21, 2014 by providing: 1) access to your Application for testing; 2) screenshots of your working Application; 3) a video (YouTube/ Vimeo) demonstrating your working Application; and 4) all other required fields.

Submissions will be judged on the following criteria: (i) Quality of Idea; (ii) Implementation of Idea (including how well the Application integrates the Ontario Green Button Connect My Data standard API); and (iii) Potential Impact on energy consumers.

*Review the sections below for a more detailed description and important requirements and restrictions.

1. Sponsor and Administrator

Sponsor (the “Sponsor”): MaRS Discovery District (“MaRS”), 101 College Street, Toronto, ON M5G 1L7. MaRS Discovery District is the entity legally responsible for the Competition. The Administrator manages and implements the Competition per the direction of MaRS. 

The Ontario Ministry of Energy is contributing the funding for the Competition.

Administrator (the “Administrator”): ChallengePost, Inc., 425 W. 13th Street, Suite #504, New York, NY 10014. 

2. Competition Schedule

Submission Period: October 1, 2013 (3:00pm Eastern Time) – January 21, 2014 (5:00pm Eastern Time)

Judging Period: February 3, 2014 (10:00am Eastern Time) – February 17, 2014 (5:00pm Eastern Time)

Public Voting Period: February 3, 2014 (10:00am Eastern Time) – February 17, 2014 (5:00pm Eastern Time)

Winners Announced: February 27, 2014 (at approximately 3:30pm Eastern Time)

3. Eligibility 

A. The Competition is open only to: 

(i) individuals who are at least the age of majority in their jurisdiction of residence as of the time of entry, and are residents of the Province of Ontario, Canada (residents of other Provinces of Canada (excluding Quebec and Ontario) and the United States are eligible only for the Best App by a Non-Ontario Resident award); 

(ii) teams of eligible individuals where each team member meets the eligibility requirements for individual Contestants; and 

(iii) corporations (including not-for-profit corporations and other nonprofit organizations), limited liability companies, partnerships, and other legal entities that, at the time of entry, have been duly organized or incorporated and validly exist, and are domiciled in the Province of Ontario, Canada (or Canada (excluding Quebec and Ontario) or the United States for the Best App by a Non-Ontario Resident award) (Organizations”).

Organizations are eligible to compete for all awards, except for the Best Student App Award.

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 that Contestants may deem necessary to create and enter their Submission (defined below in Section 5(B)(ii)). 

C. Each team or Organization shall appoint one individual (the “Representative”) to represent and act, including entering a Submission, on behalf of said team or Organization. The Representative must meet the eligibility requirements for an individual Contestant and must be duly authorized to submit on behalf of the team or Organization. The Representative represents and warrants that: (i) he/she is duly authorized to act on behalf of the team or Organization; and (ii) each member of the team (or in the case of an Organization, each participating member) has read the Official Rules and agrees to abide by these Official Rules. The Representative will ensure that each participating member of the team or Organization reads, agrees to, and complies with the Official Rules. 

D. An individual may join more than one team or Organization, and an individual who is part of a team or Organization may also enter the Competition on an individual basis.  

E. The following individuals, teams, and Organizations are NOT eligible regardless of whether or not they meet the criteria set forth above:   

(i) MaRS, the Ontario Ministry of Energy, the Administrator, Affinity Systems Limited, and any advertising agency, contractor or other organization involved with the design, production, paid promotion, execution, or distribution of the Competition, or with supporting and maintaining the Ontario Green Button Connect My Data standard API (collectively “Promotion Entities”);

(ii) employees, representatives and agents of the Administrator and all members of any such employee, representative, or agent’s immediate family or household;

(iv) employees, representatives and agents of the MaRS, the Ontario Ministry of Energy, and Affinity Systems Limited that are involved with either the design, production, promotion, execution, or distribution of the Competition, or with supporting or maintaining the Ontario Green Button Connect My Data standard API, and all members of any such employee, representative, or agent’s immediate family or household;

(v) any other individual involved with the design, production, promotion, execution, or distribution of the Competition or supporting and maintaining the Ontario Green Button Connect My Data standard API, and each member of any such individual’s immediate family or household; 

(vi) any Judge and/or any company or individual that employs a Judge; and

(vii) any parent company, subsidiary, or other affiliate of any company described above. 

F. For purposes hereof: 

(i) the members of an individual’s immediate family include such individual’s spouse, children and step-children, parents and step-parents, and siblings and step-siblings; and 

(ii) the members of an individual’s household include any other person that shares the same residence as such individual for at least three (3) months out of the year.

4. Competition Submission Period 

A. A Contestant’s Submission must be received no later than January 21, 2014 at 5:00pm Eastern Time (the “Competition Submission Period”). The Administrator’s computer is the official time keeping device for this Competition. 

B. Any Submission received after expiration of the Competition Submission Period shall be disqualified.  

5. Registration and Submission 

A. Registration 

(i) Beginning on October 1, 2013 at 3:00pm Eastern Time, visit EnergyAppsOntario.ChallengePost.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 for creating 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 must use the confirmation email to verify their email address.

(iii) A Contestant must indicate their agreement in participating by clicking “Register” on the Competition Website. Once registered, any important Competition updates will be emailed to the Contestant and the Contestant will be able to access the “Enter an Application” form.  A Contestant is responsible for periodically checking for, and opening, and reading any emails received.

(iv) Contestants must visit the Resources page (http://energyappsontario.challengepost.com/details/resources) to sign up for access to the Green Button “Download My Data” standard, the Green Button “Connect My Data” standard API, the Green Button Connect My Data Ontario Reference Architecture and the Green Button Connect My Data Test Lab for Ontario. Contestants must comply with any applicable Green Button standard terms and conditions.

(v) In the event of a dispute pertaining to the identity of a Contestant, the email address used by the Contestant to enter the Competition shall determine such identity and the person or entity assigned to such address shall be deemed the Contestant. MaRS and Administrator shall not be responsible for resolving any dispute between individuals or entities as to the identity of the Contestant and, in the event of such a dispute, reserve the right to suspend or withdraw an award.

B. Submission 

(i) Contestants must create a working proof of concept software Application that utilizes the Ontario Green Button Connect My Data standard API.

(ii) During the Competition Submission Period, Contestant must visit the Competition Website and confirm that he or she has or, if Contestant is a Representative, all participating members of their team or Organization have, read and agree to the Official Rules. Then, Contestant must submit its Submission by providing: 

a. the name of the Application;

b. a text description of the Application and its features;

c. at least one image (screenshot) of the working Application;

d. a link to a video posted on YouTube.com or Vimeo.com that clearly demonstrates the Application’s functionality and features via video or screencast (by walking through the Application); 

e. the email address or ChallengePost username of participating team members (if applicable);

f. indication of whether the Application is new for the Competition or existed prior to the start of the Competition Submission Period and, if the Application existed prior to the Competition, a description of the new features, functionality, and content added to the Application after the start of the Competition;

g. step-by-step testing instructions, including instructions for how to download or access the Application for testing and login instructions, if a login is required;

h. a URL OR uploaded installation file, OR shared test build to provide access to the Application for testing;

i. the submitter type (individual, team, or Organization);

j the type of Application (Android, Blackberry, iOS, Windows Phone, Mobile Web, Web, Mac Desktop, Windows Desktop)

k. the Organization name, if the submitter is an Organization;

l. the Contestant’s (or as applicable, Representative’s) phone number; 

m. indication of whether the Contestant (and each of the team members, if a Contestant is a team) is resident or domiciled in Ontario;

n. indication of whether the Contestant (and the majority of team members, if a Contestant is a team) is a university student and, if so, the name of the institution(s) where the Contestant (including each student team member) is enrolled; and

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

(iii) For sake of clarity, all parts of the Submission must be entered on the Competition Website and must be received by no later than 5:00pm Eastern Time on January 21, 2014.   

(iv) Prior to the end of the Competition Submission Period, a Contestant may save draft versions of their Submission before entering it on the Competition Website. Once the Competition Submission Period has ended, a Contestant may not make any change or alteration to the Submission.  A Contestant is solely responsible for confirming that their submission is complete and for making and storing copies of their Submission and any drafts thereof.  MaRS and the Administrator have no responsibility for confirming the accuracy or completeness of a Submission as received. 

(v) MaRS and/or the Administrator, at their sole discretion, and upon written request of a Contestant, may permit a Contestant to modify part of the Submission after the Competition Submission Deadline for the purpose of removing material that potentially infringes a third party mark or right, discloses personally identifiable information, or is otherwise inappropriate. The modified Submission must remain substantively the same as the original Submission with the only modification being what is permitted by MaRS and/or the Administrator. Any other modification may result in disqualification.

6. Submission Requirements 

A. Language Requirements 

All Submission materials must be in English or, if not in English, Contestant must provide an English translation of the demonstration video, text description, and testing instructions. 

B. Text Description, Image and Video Requirements 

(i) The text description should describe the Application’s features. Contestants are encouraged to describe how the Application helps consumers engage with their energy data.

(ii) The image(s) must be photographs or screenshots of your working Application. 

(iii) The video portion of the Submission: 

a. Should be no longer than five (5) minutes;

b. must include footage that demonstrates the Application’s features and functionality by walking through the Application via screencast or video footage of the Application working on an appropriate device; and

c. must not include copyrighted music or other material or use third party trademarks unless the Contestant has permission to use such material. The Administrator may require the Contestant to verify such permission upon request. 

C. Application Requirements

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

(i) The Application must be capable of being successfully installed and running consistently on the platform for which it is intended. 

(ii) A submitted Application must run on an Android, Blackberry, iOS, or Windows Phone smartphone or tablet, OR web or mobile web browser, OR Windows or Mac desktop computer.

(iii) Applications must be either newly created by the Contestant or, if the Application existed prior to the Competition Submission Period, must have integrated the Ontario Green Button Connect My Data standard API and new features and functionality after the start of the Competition Submission Period.

(iv) The Contestant must make the Application available free of charge and without any restriction, for testing, evaluation and use by the Competition Administrator, MaRS and Judges during the Competition and until the Winners announcement on February 27, 2014. The Contestant should not make the Application available to the public via a website or online store.

(v) The Application name and description must not state or imply endorsement or approval by, or designate the Application an “official” application of, MaRS, the Ontario Ministry of Energy, the Administrator, or Affinity Systems Limited without their written permission.

(vi) The Application may utilize APIs and data from third parties, provided the Contestant is authorized to use such APIs or data in the manner utilized by the Application.

D. General Requirements 

(i) Submissions must not:

a. violate any law or regulation;

b. depict hatred;

c. be in bad taste;

d. denigrate (or be derogatory towards) or threaten any person or group of persons including but not limited to  any race, ethnic group, culture, sex  sexual orientation, or community;

e. incite violence or be likely to incite violence;

f. contain vulgar or obscene language or excessive violence;

g. contain pornography, obscenity or sexual activity;

h. disparage the MaRS, the Ministry of Energy, Administrator, or Promotion Entities; or 

i.  contain any other content which, in the sole judgment of the MaRS or Administrator, is inappropriate.

(ii) A Submission must not substantially duplicate a prior Submission already submitted in this Competition by any Contestant.  MaRS and the Administrator, in their sole discretion will determine whether a Submission duplicates or is substantially similar to another Submission and, if it is, what, if any, action should be taken including but not limited to disqualification.

(iii) A Submission must be free of malware. Contestant authorizes MaRS and the Administrator to conduct any test on the Application to determine whether malware or other security threat may be present. A Submission found to contain any such threat may be disqualified. 

(iv) Each Application may be tested by the Administrator, MaRS or their designees. Submissions may be disqualified if the Application does not function as depicted in the video or expressed in the text description, at the MaRS’s and/or Administrator’s sole discretion.  

(v) A Contestant may submit more than one Submission. However, each Submission must be unique, as determined by MaRS and/or the Administrator in their sole discretion. If a Contestant enters two or more Submissions that are substantially similar, MaRS and the Administrator reserve the right to disqualify all such Submissions or to require the Contestant designate in writing which Submission to enter into the Competition.

(vi) A Submission’s name, text description, video, and image may not contain any information which identifies or could be used to identify a person, such as but not limited to the name or a person, email address, telephone number, address (street or box number), or social security number. 

(vii) A Contestant may discuss and publicize its Submission (except that the Application should not be distributed to the public via a website or online store), provided that any such discussion or publicity does not state or imply that its Submission or Application is endorsed or approved by, or is an official application of, the Administrator, the Ontario Ministry of Energy, MaRS, Affinity Systems Limited, or any other Promotion Entity, unless the Contestant has written permission.

(viii) Submissions 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 or other rights including but not limited to 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 Submission components are solely the Contestant’s work product and the result of the Contestant’s ideas and creativity, and the Contestant owns all rights to them.  A Contestant may submit a Submission that includes the use of open source software, provided the Contestant complies with the terms of the applicable open source license.

(ix) By entering a Submission, Contestant represents, warrants and agrees as follows:

a. The Submission (including, without limitation, the Application) is the original work of the Contestant and complies with the Official Rules.  

b. Any use of the Submission by MaRS, Administrator and/or Judges (or any of their respective partners, subsidiaries and affiliates) for purposes of the Competition, is authorized.

c. The submission does not infringe upon, misappropriate or otherwise violate any person or entity’s intellectual property rights or proprietary rights including, without limitation, copyright, patent, statutory and common law trademark, privacy or publicity right, or moral rights.

7. Submission Rights

A. Subject to the licenses described below any applicable intellectual property rights to a Submission will remain with the Contestant.

B. Submissions will include components that will 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 (the “Non-Public Submission”). The Public Submission includes the Submission name, text description, video, images, submitter type, Application type, whether the Application is new or existed prior to the Competition, Organization name (if applicable), and website URL (if entered). The Non-Public Submission includes uploaded files (optional), testing instructions, and the Contestant Representative’s phone number.

D. By submitting a Submission, a Contestant is deemed to have thereby granted to MaRS, Administrator, Promotion Entities, and any other third parties acting on the MaRS’ behalf, a royalty-free, non-exclusive, worldwide perpetual 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 MaRS’, Administrator’s, and Promotion Entities’ websites and applications, 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 MaRS, the Administrator, and Judges for purposes of the Competition, including but not limited to screening and evaluation purposes. MaRS and the Administrator, Promotion Entities, and any third parties acting on their behalf will also have the right to publicize Contestant’s name and, as applicable, the names of Contestant’s team members, or Organization which participated in the Submission on the Competition Website for a period of three years following the conclusion of the Competition. Further, by submitting a Submission, a Contestant is deemed to have waived all moral rights in and to the Submission in favor of MaRS and anyone authorized by MaRS to use the Submission.

8. Display of Public Submissions 

A. Eligible Public Submissions will be posted on the Competition Website on a rolling basis after being screened by the Administrator for completeness and appropriateness of content. The Administrator has the right to require additional information and to be provided 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 respond or provide the additional information/access may result in disqualification of the Submission.  

B. Posting of a Public Submission to the Competition Website does not constitute a determination that the Submission meets requirements.  Accordingly, a Submission may be disqualified even after it has been publically displayed. 

9. Winner Selection and Judging Criteria 

A. Eligible Submissions may initially be screened by an internal panel selected by MaRS at their sole discretion. The internal panel will judge these Submissions based on the criteria specified in these Official Rules to select those Submissions that will be submitted to a panel of impartial judges (the “Judges”). Finalist Submissions will then be judged by the expert judging panel determined by MaRS and identified on the Competition Website.   

The internal panel and expert judging panel are not required to test the Application and may choose to judge based solely on the text description and video provided in the Submission. MaRS and the Administrator reserve the right to substitute or modify the internal judging panel and the Judges.

B. Eligible Submissions will be evaluated based on the following equally weighted criteria (the “Judging Criteria”):

(i) Quality of Idea (Includes creativity and originality)

(ii) Implementation of Idea (Includes how well the idea was executed by the developer and how well the Application integrates the Ontario Green Button Connect My Data standard API)

(iii) Potential Impact (Includes the potential impact on energy consumers)

C.  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 in these Official Rules. The currently scheduled dates for the judging panel are February 3, 2014 at 10:00am Eastern Time to February 17, 2014 at 5:00pm Eastern Time (the “Judging Period”).  

10. Gold Award, Silver Award, and Bronze Award

A. The three (3) Contestants whose Submissions earn the highest overall scores based on the Judging Criteria will become potential winners of the Awardsidentified below in Section 15.  

B. In the event of a tie between two or more Submissions, the tied Submission with the highest score in the first criterion listed above shall be deemed the higher scoring Submission. In the event any ties remain, this process will be repeated by comparing the tied Submissions’ scores on the second, and third criterion listed above, respectively. If two or more Submissions are tied on all three criteria, the panel of Judges, in its sole discretion, will vote on the tied submissions (the “Tie-Breaker Criteria”).

11. Best Student App

A. Eligibility Requirement Exclusively for the Best Student App (“Student Eligibility Requirements”): In addition to the requirements set forth above in Section 3, Contestants (including the majority of team members, if a team submission) must:

(i) be currently enrolled in at least nine credits or three courses, or the equivalent at the time of entry, at a secondary school or functional equivalent, or an accredited post-secondary institution (e.g., university, community college, technical college)”; OR

(ii) have graduated in the three months prior to the date of entry from either a secondary school or functional equivalent, or an accredited post-secondary institution (e.g., university, community college, technical college).

Organizations are NOT eligible to compete for the Best Student App Award.

B. The one (1) Contestant which meets the Student Eligibility Requirements and whose Submission earns the highest overall score based on the Judging Criteria will become the potential winner of the Awardidentified below in Section 15. If there is a tie between or among two or more Submissions, the higher scoring Submission will be determined by the Tie-Breaker Criteria described in Section 10(B). 

C. In addition to competing for the Best Student App, Contestants who meet the Student Eligibility Requirements can also compete for all other award categories, excluding the Best App by Non-Ontario Resident.

12. Best App Created by a Non-Ontario Resident

A. Eligibility Requirement Exclusively for the Best App Created by a Non-Ontario Resident (“Non-Ontario Residence Requirement”): In addition to the applicable requirements set forth above in Section 3, Contestants (including all team members, if a team submission) must NOT be residents of or domiciled in Ontario, Canada, and must be residents of or domiciled in another Province of Canada (excluding Quebec and Ontario) OR the United States.

B. The one (1) Contestant which meets the Non-Ontario Residence Requirement and whose Submission earns the highest overall score based on the Judging Criteria will become the potential winner of the Award identified below in Section 15. If there is a tie between or among two or more Submissions, the higher scoring Submission will be determined by the Tie-Breaker Criteria described in Section 10(B). 

C. Contestants who meet the Non-Ontario Residence Requirement are NOT eligible to compete for any other award in the Competition.

13. People’s Choice Award

A. The public voting is scheduled to take place between February 3, 2014 at 10:00am Eastern Time to February 17, 2014 at 5:00pm Eastern Time, (the “Voting Period”). Public voting will determine the potential winner of the People’s Choice Award.  Contestants that do not reside in or are not domiciled in Ontario, Canada (including, in the case of a team, each participating member) are NOT ELIGIBLE for the PEOPLE’S Choice Award, though their Submissions may receive votes on the competition website. Public Voting is open to any person with a verified ChallengePost account, provided that each person is limited to one vote per Submission. The potential winner of the People’s Choice Award will be determined on the basis of the verified vote counts, as determined by MaRS or the Administrator. MaRS and the Administrator reserve the right to extend the Voting Period at any time for any reason.

B. One (1) potential winner of the People’s Choice Award (described in Section 15 below) will be selected based solely on the highest number of verified votes received on the Competition Website users with verified ChallengePost accounts.  If there is a tie between or among two or more Submissions for the People’s Choice Award, the higher scoring Submission will be determined by the Tie-Breaker Criteria (described in Section 10B above).

C. The likelihood of a Submission being selected to win a People’s Choice Award depends on the total number of verified votes received for the Submissions relative to other Contestants.

D. Use of a manual or automated process or similar method, or multiple e-mail addresses, to submit more than one vote per Submission is strictly prohibited.  Any attempt to circumvent the one-vote limit per person per Submission is strictly prohibited and the use of a manual or automated vote processes to do so will subject all votes from the person or entity to disqualification. MaRS and/or the Administrator reserves the right to disqualify any Contestant at 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 manual, automated or other vote manipulation. If the voting process for the People’s Choice Award fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, MaRS and/or the Administrator at their sole discretion reserve the right to determine the winner by using non-suspect votes, or by any other means the they deem appropriate.  If no alternative means of determining a winner of the People’s Choice Award is available or otherwise selected, MaRS may terminate the People’s Choice Award without designating a winner.   

E.  Contestants may not directly or indirectly offer or pay any monetary or other form of consideration in exchange for a vote.

F.  For Canadian Contestants Only:  Prior to being confirmed as the winner of the People’s Choice Award, the Contestant (or Representative, as applicable) will be required to correctly answer a mathematical skill-testing question without mechanical or other aid.  Failure to correctly answer the mathematical skill-testing question without mechanical or other aid will result in disqualification and, in the discretion of MaRS, selection of an alternate eligible winning Contestant pursuant to the procedure outlined in these Official Rules.

14. Verification of Potential Winners

A. AN AWARD TO A POTENTIAL WINNER IS SUBJECT TO VERIFICATION OF THE IDENTITY, QUALIFICATIONS AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE APPLICATION.   The final decision to designate a winner and the verification of a potential winner’s identity, qualifications and role, shall be determined in the sole discretion of MaRS and the Administrator. A Contestant designated as a potential winner must cooperate with such verification process. 

Potential winners will be notified using the email address associated with the ChallengePost account used to enter the Submission.  The currently scheduled date for such notification is February 27, 2014.  For sake of clarity, if a potential winner is a team or Organization, the notification will only be sent to the Representative.  In order to receive an Award, the potential winner will be required to 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 (If a potential winner is a team or Organization, the Representative and all participating members must sign and return to the Administrator said affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within ten (10) business days).

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

(i) the potential winner (or in the case of a team or Organization, their Representative) does not respond to an email within ten (10) business days, or responds and rejects the Award;  

(ii) the potential winner (or in the case of a team or Organization, their Representative or any participating member) 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 after such documents are sent;   

(iii) the Award or Awards notification 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 a disqualification, MaRS and Administrator at their sole discretion may give the applicable Award to an alternate potential winner. The disqualification of one (or more) team members (or, in the case of Organizations, any participating members) from further consideration in this Competition for any reason may result in the disqualification of the entire team or Organization and of each participating member at the sole discretion of MaRS and/or Administrator.

15. Awards

*Award will be given only to an individual who resides in Ontario, Canada, a team of such individuals, or an Organization domiciled in Ontario, Canada.

**Award will be given only to an individual who resides in a Province of Canada (excluding Quebec and Ontario) OR the United States; a team of such individuals; OR an Organization domiciled in a Province of Canada (excluding Quebec and Ontario) OR the United States.

A. No Award substitutions will be made. Awards must be accepted as given. No transfer or substitution of an Award is permitted except at MaRS’ and Administrator’s sole discretion. MaRS will not give an Award if there are no eligible Submissions entered in the Competition, or if there are no eligible Contestants or Submissions for a specific Award. A monetary Award will be mailed to the winning Contestant’s or, if a team or Organization is selected as a award winner, the Representative’s address within 45 days of receipt of the signed affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) form(s). If a team or an Organization is selected as a Award-winner, the associated Award will be mailed to said team or Organization’s Representative. The check for a monetary award will be payable as determined by MaRS and Administrator. It will be the responsibility of the winning Contestant, team or Organization’s Representative to allocate the Award amongst its team or Organization members, as the Representative deems appropriate. 

B. Winners (and in the case of a team or Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). It is the sole responsibility of Award winners to provide certain information to facilitate receipt of the award, including completing and submitting any tax forms when necessary and compliance with any applicable withholding and reporting requirements. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Award to relevant government departments/agencies, if necessary. Winners should be aware that Canadian or US withholding tax may apply to Awards given. MaRS and Administrator reserve the right to withhold a portion of the award amount to comply with the tax laws of Canada or the United States or those of a winner’s jurisdiction.

C. In the event a winner/potential winner’s employer has a policy that prohibits the awarding of an Award to an employee, and applies such policy to an Award, the Award will be forfeited and an alternate potential winner will be selected. 

17. Entry Conditions and Release 

A. Each Contestant hereby acknowledges and agrees that the relationship between the Contestant and MaRS 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 MaRS and Administrator for the purposes of this Competition does not place the MaRS, 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 Contestant’s Submission.   

B. By entering, each Contestant (including, in the case of team or Organization, all participating members) agree(s) to: 

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

(ii) release, indemnify, defend and hold harmless MaRS, the Ontario Ministry of Energy, the Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Award 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 Award (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules. 

C. Without limiting the foregoing, the Released Parties shall have no liability in connection with: 

(i) any incorrect or inaccurate information, whether caused by MaRS or the Administrator’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 Award.

If for any reason any Contestant’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Contestant’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Contestant knows or should have known there was a problem, and will be determined at the sole discretion of MaRS and the Administrator. 

18. Publicity 

Participation in the Competition constitutes a winner’s consent to use MaRS, the Administrator, and their respective agents, of personal information about the winner, including but not limited to a winner’s name, likeness, photograph, voice, opinions, comments and hometown and country, state/province/territory, or city of residence, in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes.  The duration of such consent is for a period of three years following the conclusion of the Competition. This consent applies to the Contestant, including, as applicable, all members of the team or Organization which participated in the winning Submission.

19. General Conditions 

A. MaRS and Administrator reserve the right, in their sole discretion, to cancel, suspend and/or modify the Competition, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.

B.  MaRS and Administrator reserve the right in their sole discretion to disqualify any individual or Contestant it finds to be actually or presenting the appearance of 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, unsportsmanlike, not in the best interests of this Competition, or a violation of any applicable law or regulation. 

C. Any actual; or apparent attempt by any person to undermine the proper conduct of the Competition may be a violation of criminal and civil law.  Should MaRS or Administrator suspect that such an attempt has been made or is threatened, they reserve the right to take appropriate action including but not limited to requiring a Contestant to cooperate with an investigation and referral to criminal and civil law enforcement authorities.

D. MaRS and/or the Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Released Parties 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 MaRS or Administrator. The Released Parties are not responsible for, nor are they required to count any vote which, in their sole judgment, is incomplete, late, misdirected, damaged, unlawful or illicit, including those secured through payment, votes achieved through automated means, as well as those lost for technical reasons, defective or otherwise in violation of these Official Rules. 

E. 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, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail. 

F. The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the Contestant, MaRS, and the Administrator. MaRS and Administrator will post the terms and conditions of the amended Official Rules on the Competition Website.  To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting. 

G. If at any time prior to the deadline, a Contestant or prospective Contestant believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.   

H. Excluding Submissions, all intellectual property related to this Competition, including but not limited to the Ontario Green Button Connect My Data standard API, copyrighted material, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by MaRS 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. Any use in a Submission of MaRS or Administrator intellectual property shall be solely to the extent provided for in these Official Rules.

I. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Contestant, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the MaRS’  intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.

20. Limitations of Liability 

By entering, all Contestants (including, in the case of a team or Organization, all participating members) agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Awards 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. 

21. Disputes

A. Contestants agree that, to the fullest extent permitted by law: 

(i) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any Awards 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; 

(ii) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any Awards awarded, shall be resolved exclusively by a Province of Ontario court and Contestants consent to the exclusive jurisdiction and venue of such courts; and  

(iii) under no circumstances will Contestants be entitled to, and Contestants hereby waives 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, MaRS and the Administrator in connection with the Competition, shall be governed by, and construed in accordance with, the domestic laws of the Province of Ontario and the Federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario. 

22. Privacy

The Administrator collects personal information from you when you enter the Competition. The information collected is subject to the privacy policy located here: http://ChallengePost.com/privacy.

23. Competition Results 

For Competition results, visit Competition Website on February 27, 2014.

24. Contact Us 

If you have any questions or comment, or wish to send us any notice regarding this Competition, please email us at Support@ChallengePost.com. If you have any technical questions that you'd like answered, please email us at energyapps@marsdd.com.