Terms and Conditions
The Competition is jointly sponsored and organized by the New York Power Authority (NYPA) and its subsidiary the New York State Canal Corporation (Canal Corporation). In the following, the Competition organizers are referred to as NYPA. By entering into this Competition, the Applicant agrees to the following Terms and Conditions.
a. General Conditions
NYPA reserves the right to take any of the following actions in connection with this Competition: amend, modify, or withdraw this Competition; waive any requirements of this Competition; require supplemental statements and information from any Applicant to this Competition; award funds to as many or as few or none of the Applicants as NYPA may select; accept or reject any or all Applications received in response to this Competition; extend the deadline for submission of Applications; negotiate or hold discussions with one or more of the Applicants; and cancel this Competition, in whole or in part, for any reason or no reason, in NYPA’s sole discretion. NYPA may exercise any such rights at any time, without notice to any Applicant or other parties and without liability to any Applicant or other parties for their costs, expenses, or other obligations incurred in the preparation of an Application or otherwise.
NYPA will collect personal information from Applicants in connection with the Competition. This information will be used for evaluation, processing purposes, and publicity. Participation in the Competition constitutes an Applicant’s consent to the use of the Applicant’s name, likeness, photograph, voice, opinions and/or hometown and state, as well as the Applicant’s organization’s name and logo, for promotional purposes in any media, worldwide, without further additional permission or compensation.
In connection with the Competition’s Stage Two Submission review, NYPA reserves the right to require the Applicant to undergo a background check and/or contractor responsibility review. If the Applicant declines to submit to this background check and/or contractor responsibility review, or if warranted by the results of the background check and/or contractor responsibility review, NYPA may disqualify the Applicant from, or impose conditions on continued participation in, the Competition.
Where an Applicant is a corporate entity, NYPA may conduct responsibility reviews and/or background checks as to the Applicant's principals, officers, and directors, the Applicant's employees, and entities that (directly, or indirectly through one or more intermediaries) control, are controlled by, or are under common control with the Applicant.
c. Ownership of Submissions
As a condition of entering into the Competition, the Applicant grants to NYPA and their affiliates a royalty-free, non-exclusive, full license to use any reports, documents, data, photographs, and deliverables submitted as part of this Competition free of any fee and without the need for NYPA to credit and name the Applicant or the author(s) of the work
The Applicant warrants that any material submitted as part of this Competition does not violate any copyright laws; does not constitute defamation or invasion of the right of privacy or publicity; and is not an infringement, of any kind, of the rights of any third party.
All materials submitted to NYPA in response to this Competition may be subject to disclosure pursuant to Freedom of Information Law, Article 6 of the Public Officers Law (FOIL). The entity submitting an Application may provide in writing, at the time of submission, a detailed description of the specific information contained in its submission which it has determined is a trade secret and which, if disclosed, would substantially harm such entity’s competitive position. This characterization shall not be determinative, but will be considered by NYPA when evaluating the applicability of any exemptions in response to a FOIL request.
Upon submission of an Application to this Competition, Applicants, and their representatives and agents, shall treat their Applications and all information obtained from NYPA in connection with this Competition (the “Confidential Information”) confidentially, and shall not discuss, publish, divulge, disclose or allow to be disclosed the Confidential Information to any other Applicants or any other person, firm or entity, including judges, members of advisory panels, press, or other media (including social media), without NYPA’s prior written approval. Applicants shall make no public statements concerning the Competition, without NYPA’s written consent; and shall refer all press and other inquiries concerning the Competition and the Confidential Information, without further comment, to NYPA.
The selection of any Applicant to progress to Stage Two of the Competition will be made in the sole and absolute discretion of NYPA working with the Competition Jury. Stage Two Applicants will receive detailed instructions for progressing their Submissions in Stage Two of the Competition. Any Award to participate in Stage Two will be conditioned on satisfying all Stage Two Submission requirements, including submission of Stage Two proposal.
The selection of Competition Winners will be made in the sole and absolute discretion of NYPA working with the Competition Jury. NYPA will work with selected Winners to determine the optimal use of award funds that will achieve the Competition goals.
Award recipients are responsible for all taxes and fees associated with funding receipt and/or use. Neither NYPA nor the State shall be liable for any cost or expense incurred by any Applicant in the preparation of its Application or for any work or services performed by any Applicant prior to the execution and delivery of a grant agreement. Neither NYPA nor the State is obligated to pay and shall not pay any costs or expenses incurred by any Applicant at any time unless NYPA or the State has expressly agreed to do so in writing.
f. Liability and release
Each Applicant agrees to comply with and be bound by these Terms and Conditions and the decisions of NYPA, which are binding and final in all matters relating to this Competition, and are not subject to appeal or dispute.
Each Applicant also agrees to release and hold harmless NYPA, its Competition partners, and any judges, advisors and/or evaluators and their respective parent, subsidiary, and affiliated entities, including the State of New York 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 from and against any and all claims, expenses, and liability. These claims, expenses, and liability include, but are 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 or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Applicant’s entry, participation in the Competition, acceptance or use or misuse of Awards, and/or the broadcast, transmission, performance, exploitation or use of entry.
Each Applicant also agrees to indemnify, defend and hold harmless the above parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Applicant’s participation in the Competition and/or Applicant’s acceptance, use or misuse of awarded funds.
NYPA is not responsible for: (1) any unauthorized human intervention in any part of the entry process or the Competition; (2) technical or human error which may occur in the administration of the Competition or the processing of entries; or (3) any injury, damage, business loss or consequential damages to persons or property which may be caused, directly or indirectly, in whole or in part, from Applicants’ participation in the Competition or receipt or use or misuse of any awards.
NYPA reserves the right to disqualify any Applicant from the Competition at any stage of the Competition if an Applicant improperly attempts to influence the decision; a Submission is received after the Competition deadline stated on the website; or the mandatory requirements of the Competition or Terms and Conditions are disregarded.
h. Non-U.S. Applicants
Domestic and Non-United States Applicants are encouraged to apply. Non-United States Applicants are responsible for obtaining any necessary visas and related immigration papers to attend site visits and events related to the Competition. NYPA may provide assistance with respect to United States visa requirements but cannot render legal advice to Applicants.
i. Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Exclusive venue for any litigation arising from the Competition or these Terms and Conditions shall be a court of competent jurisdiction located in Albany County, New York.