80 FR 12475 - Robocall Contest: Robocalls: Humanity Strikes Back

FEDERAL TRADE COMMISSION

Federal Register Volume 80, Issue 45 (March 9, 2015)

Page Range12475-12481
FR Document2015-05439

The Federal Trade Commission (``FTC'') announces a prize competition that challenges the public to create a crowd-source robocall honeypot. A honeypot is an information system that is designed to attract perpetrators of illegal acts--in this case robocallers--and gain knowledge about their tactics. The Contest will be held in two phases, a ``Qualifying'' phase and ``Final'' phase (see Section 7). The Final phase will be held at DEF CON 23, a conference of information security specialists, in Las Vegas, Nevada, from August 6-9, 2015.

Federal Register, Volume 80 Issue 45 (Monday, March 9, 2015)
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Notices]
[Pages 12475-12481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05439]


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FEDERAL TRADE COMMISSION


Robocall Contest: Robocalls: Humanity Strikes Back

AGENCY: Federal Trade Commission.

ACTION: Notice; public challenge.

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SUMMARY: The Federal Trade Commission (``FTC'') announces a prize 
competition that challenges the public to create a crowd-source 
robocall honeypot. A honeypot is an information system that is designed 
to attract perpetrators of illegal acts--in this case robocallers--and 
gain knowledge about their tactics. The Contest will be held in two 
phases, a ``Qualifying'' phase and ``Final'' phase (see Section 7). The 
Final phase will be held at DEF CON 23, a conference of information 
security specialists, in Las Vegas, Nevada, from August 6-9, 2015.

DATES: The deadline for submitting entries is: (1) June 15, 2015 at 
10:00 p.m. EDT for the Qualifying phase, and (2) August 8, 2015 at 
10:00 p.m. EDT for the Final phase. To enter the Contest, Contestants 
must register by the Submission Deadline for the Qualifying phase. 
Further instructions and requirements regarding the registration and 
submission process will be provided on the Contest Web site (ftc.gov/strikeback).

FOR FURTHER INFORMATION CONTACT: Patricia Hsue, 202-326-3132, Division 
of Marketing Practices, Bureau of Consumer Protection, FTC; 600 
Pennsylvania Ave. NW.; Mailstop CC-8528; Washington, DC 20580.

SUPPLEMENTARY INFORMATION: The FTC Robocalls: Humanity Strikes Back 
Contest (the ``Contest'') is the next step in the Federal Trade 
Commission's battle against illegal robocalls, complementing the 
results of the FTC's two prior challenges of 2012 and 2014. Robocalls 
are prerecorded messages that generally seek to promote the purchase

[[Page 12476]]

of goods or services to a consumer, and are regulated by the FTC under 
the Telemarketing Sales Rule. See 16 CFR 310.4(b)(1)(v). Most such 
calls are illegal,\1\ and yet they continue to be prevalent.
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    \1\ The vast majority of prerecorded sales calls are illegal 
under the Telemarketing Sales Rule unless the recipient has provided 
express written consent to receive them. 73 FR 51164 (Aug. 29, 
2008); 16 CFR 310.4(b)(1)(v). The Telephone Consumer Protection Act 
also prohibits any type of call (other than a call made for 
emergency purposes) using automated telephone equipment or an 
artificial or prerecorded voice to a cellular telephone in the 
absence of prior express consent. 47 U.S.C. 227(b)(1)(A)(iii).
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    The Contest will challenge the public to create a crowd-source 
robocall honeypot--an information system intended to attract 
perpetrators of illegal robocalls and gather knowledge about robocaller 
tactics. The Contest is intended to engage individuals or teams of 
individuals with information security expertise (collectively 
``Contestants'') to apply their knowledge to design the next-generation 
of robocall honeypots.
    The Contest is subject to all applicable laws and regulations. 
Registering to enter the Contest constitutes Contestant's full 
agreement to these Official Rules and to decisions of the Sponsor (as 
defined below), which are final and binding in all matters related to 
the Contest. Winning a Prize is contingent upon fulfilling all 
requirements set forth in the Official Rules.

1. Sponsor and Participating Organizations

    A. Sponsor:
    Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, 
DC 20580.
    B. Participating Organizations:
    (i) Pindrop Security, Inc., 817 West Peachtree Street NW., Suite 
770; Atlanta, GA 30308;
    (ii) Canadian Radio-television Telecommunications Commission, 
Ottawa, Ontario, Canada, K1A ON2.
    The FTC reserves the right to modify the list of participating 
organizations at any time and will provide any updates on the Contest 
Web site.

2. Eligibility

    A. To participate in the Contest:
    (i) Contestants may compete as Individuals or as teams of 
individuals, if they meet all eligibility requirements set forth in 
Sections 2.A-C. To be eligible to win a Prize, Contestants must meet 
the additional prize eligibility requirements set forth in Section 9.
    (ii) Contestants must comply with all terms and conditions of the 
Official Rules.
    (iii) 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 a Submission (as defined in Section 4 
below).
    (iv) Each team must appoint one individual (the ``Representative'') 
to represent and act on behalf of said team, including by entering a 
Submission. The Representative must be duly authorized to submit on 
behalf of the team, and must represent and warrant that he or she is 
duly authorized to act on behalf of the team.
    (v) An individual may enter the Contest only once, either on an 
individual basis or as a member of one team.
    (vi) No individual or team may enter the Contest on behalf of a 
corporation or other non-individual legal entity.
    B. The following individuals (including any individuals 
participating as part of a team) are not eligible regardless of whether 
they meet the criteria set forth above:
    (i) Any individual under the age of 18;
    (ii) any individual who employs any of the Contest Judges as an 
employee or agent;
    (iii) any individual who owns or controls an entity for whom a 
Contest Judge is an employee, officer, director, or agent;
    (iv) any individual who has a material business or financial 
relationship with any Contest Judge;
    (v) any individual who is a member of any Contest Judge's immediate 
family or household;
    (vi) any individual who has been convicted of a felony;
    (vii) any employee, representative or agent of the Sponsor or 
Participating Organizations, as well as any employee, representative, 
or agent of an advertising agency, contractor or other individual or 
organization involved with the design, production, promotion, 
execution, or distribution of the Contest; and all members of the 
immediate family or household of any such employee, representative, or 
agent;
    (viii) any Federal employee acting within the scope of his or her 
employment, or as may otherwise be prohibited by Federal law (employees 
should consult their agency ethics officials);
    (ix) any individual or team that used Federal facilities or 
consulted with Federal employees to develop a Submission, unless the 
facilities and employees were made available to all Contestants 
participating in the Contest on an equitable basis; and
    (x) any individual or team that used Federal funds to develop a 
Submission, unless such use is consistent with the grant award, or 
other applicable Federal funds awarding document. If a grantee using 
Federal funds enters and wins this Contest, the prize monies shall be 
treated as program income for purposes of the original grant in 
accordance with applicable Office of Management and Budget Circulars. 
Federal contractors may not use Federal funds from a contract to 
develop a Submission for this Challenge.
    The Sponsor will, in its sole discretion, disqualify any individual 
or team that meets any of the criteria set forth in Section 2.B.
    C. 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 who shares the same residence as such individual for at least 
three (3) months out of the year.
    D. Pursuant to the America Creating Opportunities to Meaningfully 
Promote Excellence in Technology, Education, and Science 
Reauthorization Act of 2010, 15 U.S.C. 3719, Contest Prizes (as defined 
in Section 8 below) may be awarded only to individuals and teams of 
individuals who are citizens or permanent residents of the United 
States, subject to verification by the Sponsor before Prizes are 
awarded (see Section 9 below).

3. Registration Requirement for ALL Contestants

    A. Contestants must register before 10:00 p.m. EDT June 15, 2015, 
the Submission Deadline of the Qualifying phase, to participate in the 
Contest.
    B. To enter, every Contestant, including all members of a team, 
must register by submitting a form (``Registration Form'') to verify 
that he or she has read and agreed to abide by the Official Rules and 
meets the eligibility requirements, including that he or she: (1) Is at 
least 18 years old; (2) does not have a familial, or material business 
or financial relationship with any Contest Judge; and (3) has not been 
convicted of a felony. Additional information and requirements about 
the registration process will be provided on the Contest Web site.
    C. After a Contestant registers, the Sponsor will send a 
confirmation message to the email address provided by the Contestant. 
The Contestant should use the confirmation message to verify the email 
address that he or she

[[Page 12477]]

provided in order to receive important Contest updates.
    D. In the event of a dispute pertaining to this Contest, the 
authorized account holder of the email address listed at registration 
will be deemed to be the Contestant. The ``authorized account holder'' 
is the natural person 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 may be required to show proof of being 
the authorized account holder.
    E. Contestants must be physically present at the site of the Final 
phase of the Contest in order to participate. Individuals who wish to 
participate in the Contest without paying for entry to DEF CON 23 must 
notify the FTC indicating this preference on or before the Submission 
Deadline for the Qualifying phase. Such individuals may be escorted to 
the Contest booth as the Sponsor deems necessary, but will not be able 
to attend any other events, contests, presentations, or otherwise 
participate in DEF CON 23.

4. Submission

    A. To participate in the Contest, a Contestant must submit the 
following:
    (i) solution source code;
    (ii) the written description as required for the specific phase 
(see Section 7);
    (iii) a brief text description of how the solution functions, which 
will be made publicly available and must not include any proprietary 
information;
    (iv) a link to a publicly available video on Youtube.com or 
Vimeo.com demonstrating how the Solution works, which does not include 
any proprietary information, is less than 5 minutes long, and does not 
contain music or copyrighted material unless the Contestant has written 
legal permission to use such material; and
    (v) any other materials required under Section 7 below, including 
access to relevant call detail records, dialing platforms, and any 
other technologies needed to test the Submission, including any legal 
rights or licenses required to access the technology.
    Paragraphs (i)-(v) above are collectively a ``Submission.'' 
Contestants may also submit a solution title. If the Sponsor permits 
submission via email, Contestants must use the email address provided 
on their Registration Form (or in the case of a team, the email address 
on the team Representative's Registration Form). With the exception of 
this originating email address, no part of the Submission shall contain 
information revealing the Contestant's identity, such as a name, 
address, employment information, or other identifying details. 
Additional information and requirements about the Submission process 
will be provided on the Contest Web site.
    B. Submission Deadlines:
    (i) For the Qualifying phase, Contestants must enter their 
Submissions by June 15, 2015 at 10:00 p.m. EDT.
    (ii) For the Final phase, Contestants must enter their Submissions 
by August 8, 2015 at 10:00 p.m. EDT (7:00 p.m. PDT).
    Paragraphs (i)-(ii) above are collectively the ``Contest 
Deadlines.'' The Sponsor's computer is the official time-keeping device 
for this Contest. Any Submissions entered following the respective 
Contest Deadlines shall be disqualified. The Judging Period for each 
phase will commence after the deadline for each phase.
    C. Submission Requirements:
    (i) All parts of the Submission that may be submitted via email 
must be submitted at the same time. All Submissions must be received by 
the Contest Deadline for each phase.
    (ii) Source code must be compatible with any of the following 
languages: C++, C, Java, PERL, Ruby, or Python.
    (iii) No part of a Submission, including any records, platforms, 
technologies, or licenses required to evaluate the Submission, may 
require the Sponsor or Contest Judges to spend money or otherwise 
obtain anything of value; or to execute or enter into any binding 
agreement (except for a non-disclosure or non-compete agreement) not 
otherwise provided for under these Rules.
    (iv) Submissions from a team must be indicated as such when 
entering a Submission.
    (v) With the exception of source code, Submissions must be in 
English, except that textual or video material in a language other than 
English will be accepted if accompanied by an English translation of 
the text or video.
    (vi) Any solution that was publicly available prior to the start of 
the Contest Submission Period (June 15, 2015) is not eligible for entry 
in the Contest, unless the solution submitted incorporates significant 
new functionality, features, or changes that are not publicly 
available. Contestants must identify any portion of the solution that 
was publicly available and include a narrative description of the new 
functionality, features, or changes with any such Submission.
    (vii) Submissions must not:
    a. Violate applicable law;
    b. depict hatred;
    c. be in bad taste;
    d. denigrate (or be derogatory toward) any person or group of 
persons or any race, ethnic group, or culture;
    e. threaten a specific community in society, including any specific 
race, ethnic group, or culture;
    f. incite violence or be likely to incite violence;
    g. contain vulgar or obscene language or excessive violence;
    h. contain pornography, obscenity, or sexual activity; or
    i. disparage the Sponsor or Participating Organizations.
    (viii) Submissions must be free of malware and other security 
threats. Contestant agrees that the Sponsor may conduct testing on each 
Submission to determine whether malware or other security threats may 
be present.
    (ix) Any Submission that fails to comply with these requirements, 
as determined by the Sponsor in its sole discretion, may be 
disqualified.
    D. Additional Terms:
    (i) Once a Submission has been submitted, Contestant may not access 
or make any changes or alterations to the Submission.
    (ii) A Contestant may submit only one Submission as either an 
individual or a member of a team.
    (iii) By entering a Submission, Contestant represents, warrants, 
and agrees that the Submission is the original work of the Contestant 
and complies with the Official Rules.
    Contestant further represents, warrants, and agrees that any use of 
the Submission by the Sponsor and Contest Judges (or any of their 
respective partners, subsidiaries, and affiliates) as authorized by 
these Official Rules, does not:
    a. Infringe upon, misappropriate or otherwise violate any 
intellectual property right or proprietary right including, without 
limitation, any statutory or common law trademark, copyright or patent, 
nor any privacy rights, nor any other rights of any person or entity;
    b. constitute or result in any misappropriation or other violation 
of any person's publicity rights or right of privacy.

5. Submission Rights

    A. Subject to the licenses described below, any applicable 
intellectual property rights to a Submission will remain with the 
Contestants.
    B. By entering a Submission to this Contest, Contestant grants to 
the Sponsor, and any third parties acting on behalf of the Sponsor, a 
non-exclusive, irrevocable, royalty-free and worldwide

[[Page 12478]]

license to use the Submission, any information and content submitted by 
the Contestant, and any portion thereof., and to display the Solution 
name, text description (as described in Section 4.A(iii)), and to make 
the video available through the Contest Web site, during the Contest 
and after its conclusion. The Contestant agrees that the foregoing 
constitutes solely a condition of the Contestant's participation in the 
Contest, and that the Contest is not a request for or acquisition of 
any property or services or any other matter subject to federal 
procurement requirements.

6. Winner Selection and Judging Criteria

    A. All Submissions will be judged by an expert panel of judges (the 
``Contest Judges'') selected by the Sponsor at the Sponsor's sole 
discretion. The Sponsor reserves the right to substitute or modify the 
judging panel, or extend or modify the Judging Period, at any time for 
any reason.
    B. All Contest Judges shall be required to remain fair and 
impartial. Any Contest Judge may recuse him or herself from judging a 
Submission if the Contest Judge or the Sponsor considers it 
inappropriate, for any reason, for the Contest Judge to evaluate a 
specific Submission or group of Submissions.
    C. A Contestant's likelihood of winning will depend on the number 
and quality of all of the Submissions, as determined by the Contest 
Judges using the criteria in these Official Rules.
    D. For all phases, the Sponsor reserves the right to review the 
Contest Judges' decision and to withhold any Prize if, at the Sponsor's 
sole discretion, there is a procedural, legal, or other reason that the 
Prize should not be awarded.
    E. The Sponsor intends to announce who earned the top five scores 
from the Qualifying phase on or around July 6, 2015, and from the Final 
phase on or around August 9, 2015. The Sponsor reserves the right to 
change the announcement dates with or without prior notice for any 
reason. Prizes, however, will not be awarded and Winners will not be 
named, until the Sponsor verifies eligibility for receipt of each Prize 
in accordance with Section 9 below. The Sponsor will announce verified 
Winners at a later date, and the results will be made available at the 
Contest Web site.

7. Solution Requirements

    Contestants will seek to advance the battle against robocalls (a 
call delivering a prerecorded message) by building a solution that 
creates a crowd-source honeypot. The Contest will be judged in two 
phases--the ``Qualifying'' phase and ``Final'' phase.
    A. Qualifying Phase:
    For the Qualifying phase, contestants will build solutions that 
help enable consumers to: (1) Identify unwanted robocalls that 
consumers receive on landlines and/or mobile phones; and (2) block and/
or forward those active robocalls to a crowd-source honeypot. The 
Contestant's solution must include some method of confirming that the 
calls forwarded and blocked are robocalls. The Contestant's solution 
must also include some method of disclosing to the consumer that the 
calls they identify for forwarding may be disclosed to law enforcement 
and all carriers associated with delivering the call. In designing the 
solution, Contestants may not include any feature that requires ongoing 
manual processing.
    Contest Judges will test the Submissions by sending calls to the 
solution and reviewing the information associated with the calls that 
are forwarded to the crowd-source honeypot. Each Contestant will be 
assigned a phone number that their solutions should forward calls to 
for testing purposes (i.e. the crowd-source honeypot number). The phone 
numbers will be assigned once each Contestant submits a Submission. 
Contestants may not disclose that number to anyone other than a fellow 
team member. Each Contestant must provide all equipment and information 
necessary, including any legal rights or licenses required, for the 
Contest Judges to test and review the Submissions. Each Contestant must 
also submit all source code in addition to a written description of the 
solution, consisting of fewer than 500 words, summarizing the 
Contestant's techniques and outcomes.
    Judging Criteria:
    (i) How well does it work? (50% of total score)
     How well did you succeed in accurately forwarding only 
robocalls to a honeypot? You will receive twenty points for each 
distinct successful method that your solution used to identify 
robocalls for forwarding. For each call forwarded that was not a 
robocall, one point will be deducted. For each robocall received that 
the solution failed to forward after the user identifies such robocalls 
for forwarding, one point will be deducted. Contestants will need to 
prove to the Contest Judges' satisfaction that the solution accurately 
forwarded only robocalls, and the necessary level of proof is within 
the Contest Judges' sole discretion. Furthermore, the Contest Judges 
have sole discretion to determine whether two successful methods are 
meaningfully distinct.
     How well did your solution successfully block robocalls 
identified for blocking? Contestants will receive twenty points for 
each distinct successful method that your solution used to identify 
robocalls for blocking. For each call blocked that was not a robocall, 
one point will be deducted. For each robocall received that the 
solution failed to block after the user identifies such robocalls for 
blocking, one point will be deducted. Contestants will need to prove to 
the Contest Judges' satisfaction that the solution blocked only 
robocalls, and the necessary level of proof is within the Contest 
Judges' sole discretion. Furthermore, the Contest Judges have sole 
discretion to determine whether two successful methods are meaningfully 
distinct.
     How scalable is your solution? For each distinct method 
that your solution uses to forward or block robocalls, Contestants will 
receive five points for each such method that is easily replicable and 
adaptable. Furthermore, the Contest Judges have sole discretion to 
determine whether two methods are meaningfully distinct.
    (ii) How user-friendly is your solution? (20% of total score)
     Does your solution adequately provide consumers with 
notice that calls forwarded may be disclosed to law enforcement or any 
carrier associated with delivering the call?
     Does your solution provide consumers with flexibility in 
identifying calls for forwarding or blocking? Flexibility may include, 
but is not limited to, forwarding or blocking particular calls for 
specified hours of the day, or limited calendar days.
    (iii) Explaining the Scheme (20% of total score)
     What insights did your Submission demonstrate with respect 
to identifying calls that should be forwarded?
     What insights did your Submission demonstrate with respect 
to identifying calls that should be blocked?
     What insights did your Submission demonstrate in providing 
consumers with the greatest control over the calls their phones 
receive?
    (iv) Innovation (10% of total score)
     How innovative was your Submission?
    B. Final Phase:
    To be eligible to compete in the Final phase (``Finalists''), 
Contestants must have scored within the top five scores in the 
Qualifying phase. Finalists will ``seed'' their solutions to collect 
and forward robocalls to a crowd-source honeypot designated by the 
Sponsor.

[[Page 12479]]

Seeding could include, but is not limited to, encouraging consumers to 
use the solution to forward their robocalls, or listing a phone number 
associated with their solution (in lieu of a consumer's phone number) 
on Web sites or other lead sources that robocallers may collect phone 
numbers from. Finalists will be assigned a phone number that they will 
forward all robocalls to by 8:00 p.m. EDT on August 5, 2015. For 
judging purposes, only calls forwarded between 8:00 p.m. EDT on August 
5 through 10:00 p.m. EDT on August 8 will be included in determining a 
Finalist's score. Finalists will be disqualified, however, if they 
disclose the assigned number to any person other than a team member. 
Finalists will also be disqualified if they: (1) Place calls using an 
autodialing program or the functional equivalent; (2) encourage, 
assist, or request any other person or company to place calls using an 
autodialing program or the functional equivalent; (3) place their own, 
or encourage, assist, or request any other person to place their own 
robocalls to their solution for forwarding; (4) adversely affect any 
platform, product, system, or technology; (5) violate the terms of 
service of any third party provider; or 6) do anything prohibited by 
law. Each Finalist must also submit a written description consisting of 
fewer than 500 words, summarizing the Finalist's seeding techniques and 
outcomes.
    Judging Criteria:
    (i) How many robocalls did your solution forward? (70% of total 
score)
     Did you succeed in accurately forwarding robocalls to a 
honeypot? You will receive one point for each robocall forwarded. For 
each call forwarded that was not a robocall, one point will be 
deducted. Contestants will need to prove to the Contest Judges' 
satisfaction that the solution accurately forwarded only robocalls, and 
the necessary level of proof is within the Contest Judges' sole 
discretion.
    (ii) Explaining the Scheme (20% of total score)
     What insights did your Submission demonstrate with respect 
to seeding techniques?
    (iii) Innovation (10% of total score)
     How innovative was your Submission?
    C. In order to be considered for a Prize, Submissions must receive 
a score greater than zero in each required category for both the 
Qualifying phase (how well does it work, how user-friendly is the 
solution, explaining the scheme, and innovation) and the Final phase 
(how many robocalls the solution forwarded, explaining the scheme, and 
innovation). If the Contest Judges determine that no one satisfies each 
required category, no one will be deemed eligible for any Prize.
    D. The one (1) Contestant or Contestants whose Submission earns the 
highest overall combined score from the Qualifying and Final phases 
will be named the Top Prize Winner identified below in Section 8, if 
the Contestant satisfies the verification requirements described in 
Section 9. If the Contestant does not satisfy the verification 
requirements, the Top Prize may be awarded to the next highest scorer 
who satisfies the verification requirements, at the Contest Judges' or 
Sponsor's discretion.
    E. Up to two (2) Contestants with the next highest combined scores 
who meet the Section 9 verification requirements may be awarded the 
Honorable Mention Prizes--described below in Section 8--at the Contest 
Judges' or the Sponsor's discretion. If the Contestant does not satisfy 
the verification requirements, the Honorable Mention Prize may be 
awarded to the next highest scorer who satisfies the verification 
requirements, at the Contest Judges' or Sponsor's discretion.
    F. Up to five (5) Contestants with the highest scores in the 
Qualifying phase who meet the Section 9 verification requirements may 
be awarded the Finalist Prize--described below in Section 8--at the 
Contest Judges' or Sponsor's discretion. If the Contestant does not 
satisfy the verification requirements, the Finalist Prize may be 
awarded to the next highest scorer who satisfies the verification 
requirements, at the Contest Judges' or Sponsor's discretion.
    G. In the event of a tie between or among two or more Submissions 
where the Contestants meet the verification requirements, the relevant 
Prize identified below in Section 8 will be divided equally between the 
tied Contestants.

8. Prizes

------------------------------------------------------------------------
                                             Prize amount
                  Winner                       (for each       Quantity
                                                winner)
------------------------------------------------------------------------
Top Prize................................        US $23,000            1
Honorable Mention(s).....................         US $8,500            2
Finalist(s)..............................         US $2,000            5
------------------------------------------------------------------------

    A. If no eligible Submissions are entered in the Contest, no Prizes 
will be awarded. The Sponsor retains the right to make a Prize 
substitution in the event that funding for the Prize or any portion 
thereof becomes unavailable. No transfer or substitution of a Prize is 
permitted except at the Sponsor's sole discretion. It will be the 
responsibility of the winning team's Representative to allocate the 
Prize amongst the team, as the Representative deems it appropriate.
    B. Each Contestant hereby acknowledges and agrees that the 
relationship between the Contestant and the Sponsor is not a 
confidential, fiduciary, or other special relationship, and that the 
Contestant's decision to provide the Contestant's Submission to Sponsor 
for the purposes of this Contest does not place the Sponsor and its 
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, except as specifically provided in these 
Official Rules.
    C. Winners (including any winning team members) are responsible for 
reporting and paying all applicable federal, state, and local taxes. It 
is the sole responsibility of Winners of $600 or more to provide 
information to the Sponsor in order to facilitate receipt of the award, 
including completing and submitting any tax forms when necessary. It is 
also the sole responsibility of Winners to satisfy any applicable 
reporting requirements. The Sponsor reserves the right to withhold a 
portion of the Prize amount to comply with tax laws.
    D. All payments shall be made by electronic funds transfer or other 
means determined by the Sponsor.

9. Verification of Eligibility for Receipt of a Prize

    A. All prize awards are subject to sponsor verification of the 
winner's identity, eligibility, and participation in the creation of 
the solution. The sponsor's decisions are final and binding in all 
matters related to the contest. In order to receive a prize, a 
contestant will be required to complete, sign and return to the Sponsor

[[Page 12480]]

affidavit(s) of eligibility and liability release, or a similar 
verification document (``Verification Form''). 31 U.S.C. 7701 requires 
Federal agencies to collect social security numbers to issue a payment. 
(In the case of a team, the Representative and all participating 
members must complete, sign and return to the Sponsor the Verification 
Form.)
    B. Contestants potentially qualifying for a Prize will be notified 
and sent the Verification Form using the email address submitted at 
registration, starting on or about August 12, 2015. The Sponsor 
reserves the right to change the time period to send the Verification 
Form without providing any prior notice. In the case of a team, the 
notification will only be sent to the Representative. If a notification 
is returned as undeliverable, the Contestant or team may be 
disqualified at the Sponsor's sole discretion.
    C. At the sole discretion of the Sponsor, a Contestant or team 
forfeits any Prize if:
    (i) The Contestant fails to provide the Verification Form within 
five (5) business days of receipt of the email notification discussed 
above (or in the case of a team, any team member fails to provide the 
Verification Form within five business days of receipt of the email 
notification);
    (ii) the Contestant (or in the case of a team, its Representative) 
does not timely communicate with the Sponsor to provide payment and all 
other necessary information within five business days of receiving a 
request for such information;
    (iii) such individual or team Representative is contacted and 
refuses the Prize;
    (iv) the Prize is returned as undeliverable; or
    (v) the Submission of the Winner, the Winner, or any member of a 
Winner's team is disqualified for any reason.
    D. In the event of a disqualification, Sponsor, at its sole 
discretion, may award the applicable Prize to an alternate Contestant. 
The disqualification of one (or more) team members at any time for any 
reason may result in the disqualification of the entire team and of 
each participating member at the sole discretion of the Sponsor.

10. Entry Conditions and Release

    A. By registering, each Contestant (including, in the case of a 
team, all participating members) agree(s):
    (i) To comply with and be bound by these Official Rules; and
    (ii) That the application of the judging criteria, evaluation of 
the submissions, and final selection of the winners is a matter of 
discretion of the Contest Judges and Sponsor, and that their respective 
decisions are binding and final in all matters relating to this 
Contest.
    B. By registering, each Contestant (including, in the case of a 
team, all participating members) agree(s) to release, indemnify, and 
hold harmless the Sponsor, Participating Organizations, and any other 
individuals or organizations responsible for sponsoring, fulfilling, 
administering, advertising, or promoting the Contest, including their 
respective parents, subsidiaries, and affiliated companies, if any, 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 and costs of 
Submission preparation) arising out of or relating to a Contestant's 
entry, creation of Submission or entry of a Submission, participation 
in the Contest, acceptance or use or misuse of the Prize, and the 
disclosure, broadcast, transmission, performance, exploitation, or use 
of Submission as authorized or licensed by these Official Rules. 
Released claims include all claims whatsoever including, but not 
limited to (except in cases of willful misconduct): injury, death, 
damage, or loss of property, revenue or profits, whether direct, 
indirect, or consequential, arising from the Contestant's participation 
in a competition, whether the claim of injury, death, damage, or loss 
arises through negligence, mistake, or otherwise. This release does not 
apply to claims against the Sponsor arising out of the unauthorized use 
or disclosure by the Sponsor of intellectual property, trade secrets, 
or confidential business information of the Contestant.
    C. Without limiting the foregoing, each Contestant (including, in 
the case of a team, all participating members) agrees to release all 
Released Parties of all liability in connection with:
    (i) Any incorrect or inaccurate information, whether caused by the 
Sponsor's or a Contestant's electronic or printing error or by any of 
the equipment or programming associated with or utilized in the 
Contest;
    (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 Contest Web site, or any other platform or 
tool that Contestants or Contest Judges choose to use;
    (iii) unauthorized human intervention in any part of the entry 
process or the Contest;
    (iv) technical or human error that may occur in the administration 
of the Contest or the processing of Submissions; or
    (v) any injury or damage to persons or property that may be caused, 
directly or indirectly, in whole or in part, from the Contestant's 
participation in the Contest 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, the 
Contestant's sole remedy is to request the opportunity to resubmit its 
Submission. The request will be addressed at the sole discretion of the 
Sponsor if the Contest Submission Period is still open.
    D. Based on the subject matter of the Contest, the type of work 
that it possibly will require, and the low probability that any claims 
for death, bodily injury, or property damage, or loss could result from 
Contest participation, the Sponsor determines that Contestants are not 
required to obtain liability insurance or demonstrate fiscal 
responsibility in order to participate in this Contest.

11. Publicity

    Participation in the Contest constitutes consent to the use by the 
Sponsor and Participating Organizations, their agents' and any other 
third parties acting on their behalf, of the Contestant's name or 
codename (and, as applicable, those of all other members of the team 
that participated in the Submission), Submission video, and Submission 
text description for promotional purposes in any media, worldwide, 
without further payment or consideration. Furthermore, a Contestant's 
likeness, photograph, voice, opinions, comments, and hometown and state 
of residence (and, as applicable, those of all other members of the 
team that participated in the Submission) may be used for the Sponsor 
or Participating Organizations' promotional purposes if the Contestant 
provides consent. In addition, the Sponsor and Participating 
Organizations reserve the right to make any disclosure required by law.

12. General Conditions

    A. Each Contestant agrees that the Sponsor is vested with the sole 
authority to interpret and apply these rules.
    B. Sponsor reserves the right, in its sole discretion, to cancel, 
suspend, or modify the Contest, or any part of it, with or without 
notice to the contestants, if any fraud, technical

[[Page 12481]]

failure, or any other unanticipated factor or factors beyond Sponsor's 
control impairs the integrity or proper functioning of the Contest, or 
for any other reason. The Sponsor reserves the right at its sole 
discretion to disqualify any individual or Contestant that the Sponsor 
finds to be tampering with the entry process or the operation of the 
Contest, or to be acting in violation of these Official Rules or in a 
manner that is inappropriate, not in the best interests of this 
Contest, or in violation of any applicable law or regulation.
    C. Any attempt by any person to undermine the proper functioning of 
the Contest may be a violation of criminal and civil law, and, should 
such an attempt be made, the Sponsor reserves the right to take proper 
legal action, including, without limiting, referral to law enforcement, 
for any illegal or unlawful activities.
    D. The Sponsor's failure to enforce any term of these Official 
Rules shall not constitute a waiver of that term. The Sponsor is 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 is 
not proof of receipt by Sponsor.
    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 Contest materials, including but not 
limited to the Contest Web site or point of sale, television, print or 
online advertising, the terms and conditions of the Official Rules 
shall prevail.
    F. The Sponsor reserves the right to amend the terms and conditions 
of the Official Rules at any time, including the rights or obligations 
of the Contestant and the Sponsor. The Sponsor will post the terms and 
conditions of the amended Official Rules on the Contest Web site 
(``Corrective Notice''). As permitted by law, any amendment will become 
effective at the time the Sponsor posts the amended Official Rules.
    G. Excluding Submissions, all intellectual property related to this 
Contest, including but not limited to trademarks, trade-names, logos, 
designs, promotional materials, Web pages, source codes, drawings, 
illustrations, slogans, and representations are owned or used under 
license by either the Sponsor or Participating Organizations. All 
rights are reserved. Unauthorized copying or use of any copyrighted 
material or intellectual property without the express written consent 
of the relevant owner(s) is strictly prohibited.
    H. Should any provision of these Official Rules be or become 
illegal or unenforceable under applicable Federal law, such illegality 
or unenforceability shall leave the remainder of these Official Rules 
unaffected and valid. The illegal or unenforceable provision may be 
replaced by the Sponsor with a valid and enforceable provision that, in 
the Sponsor's sole judgment, comes closest and best reflects the 
Sponsor's intention in a legal and enforceable manner with respect to 
the invalid or unenforceable provision.

13. Disputes

    Subject to the release provisions in these Official Rules, 
Contestant agrees that:
    A. Any and all disputes, claims, and causes of action arising out 
of or connected with this Contest, any Prizes awarded, the 
administration of the Contest, the determination of Winners, or the 
construction, validity, interpretation, and enforceability of the 
Official Rules shall be resolved individually;
    B. any and all disputes, claims, and causes of action arising out 
of or connected with this Contest, any Prizes awarded, the 
administration of the Contest, the determination of Winners, or the 
construction, validity, interpretation, and enforceability of the 
Official Rules shall be resolved pursuant to Federal law;
    C. under no circumstances will Contestants be entitled to, and 
Contestants hereby waive, all rights to claim, any punitive, 
incidental, and consequential damages and any and all rights to have 
damages multiplied or otherwise increased.

14. Privacy

    The sponsor may collect personal information from the contestant 
when he or she enters the contest. Such personal information collected 
is subject to the privacy policy located here: http://www.ftc.gov/site-information/privacy-policy.

15. Contact Us

    Please visit the Contest Web site for further Contest information 
and updates.

Jessica Rich,
Director, Bureau of Consumer Protection.
[FR Doc. 2015-05439 Filed 3-6-15; 8:45 am]
 BILLING CODE 6750-01-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; public challenge.
DatesThe deadline for submitting entries is: (1) June 15, 2015 at 10:00 p.m. EDT for the Qualifying phase, and (2) August 8, 2015 at 10:00 p.m. EDT for the Final phase. To enter the Contest, Contestants must register by the Submission Deadline for the Qualifying phase. Further instructions and requirements regarding the registration and submission process will be provided on the Contest Web site (ftc.gov/ strikeback).
ContactPatricia Hsue, 202-326-3132, Division of Marketing Practices, Bureau of Consumer Protection, FTC; 600 Pennsylvania Ave. NW.; Mailstop CC-8528; Washington, DC 20580.
FR Citation80 FR 12475 

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