DCx Competitor Agreement

Terms and Conditions 

DCx is hosted by the Office of the Chief Technology Officer (OCTO), an agency within the District of Columbia Government, in partnership with US Ignite. To participate in this competition (“Challenge”), you must first acknowledge that you have read, understood, and agree to the following Terms and Conditions: 

1.     Submissions shall be from an individual or a team affiliated with a US-based, non-profit organization (including educational institutions) or for-profit organization.

• If you are submitting as an individual, you must be age 18 or older at the time of entry and a U.S. citizen or permanent resident of the U.S. or its territories.
• If you are submitting as a team, and one or more team members is under 18, at least one team member must be age 18 or older at the time of entry and a U.S. citizen or permanent resident of the U.S. or its territories. This team member will serve as the “team sponsor” and will take responsibility for the team output and any legal agreements.

2.     Employees of the District of Columbia Government are not eligible to compete in DCx.  This exclusion shall not apply to employees of educational institutions of the District of Columbia Government serving in advisory capacities.

3.     Upon request, you agree to provide OCTO at least one written and/or video testimonial about the DCx and participate in at least one promotional activity associated with the District of Columbia’s Smart City initiative.

4.     By accepting these Terms and Conditions, you affirm that, to your knowledge, there are no intellectual property or patent infringement violations associated with the business operation and application you are pitching in DCx.

5.     If your application is selected as an awardee,

• The District of Columbia Government shall be granted a perpetual, non-exclusive, and irrevocable license to beta-test your solution, to the extent the District of Columbia deems reasonable and pending feasibility to District Government agencies.
• You shall submit proof that the award is being used solely for expenses related to the development of the application that was pitched in the form of receipts, invoices, and/or other documentation for such expenses, in accordance with timelines established by the District of Columbia.
• You shall submit all documentation necessary to receive the award as deemed by the District of Columbia, including but not limited to a Sub-recipient Sub-Award Agreement.

6.     The distribution of any financial or in-kind award is at the sole discretion of the District of Columbia.  The District of Columbia has discretion to modify award amounts or to not award funds.

7.     If the District of Columbia discovers that you have violated these Terms and Conditions, the District reserves the right to refuse to disburse any remaining funds and demand the return of funds previously disbursed to the awardee.

8.     Any beta-testing of the application by the District of Columbia shall not be construed as a partnership, joint venture, or other commercial or employment relationship with the District of Columbia.

9.     These Terms and Conditions shall be governed by the laws of the District of Columbia, without reference to choice of law.

10.  IN NO EVENT SHALL THE DISTRICT OF COLUMBIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR WITH THE CHALLENGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS AND CONDITIONS, OR FROM PARTICIPATION IN THE CHALLENGE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

UNDER NO CIRCUMSTANCES WILL THE DISTRICT OF COLUMBIA BE LIABLE TO A PARTICIPANT IN THE CHALLENGE FOR MORE THAN FIFTY DOLLARS ($50).

You agree to indemnify and hold the District of Columbia, its affiliates, officers, employees, and agents (collectively, the “Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content; (b) your participation in any Challenge ; (c) any dispute between you and another User; (d) your use of, or inability to use, the HeroX Platform; (e) your violation of the Terms and Conditions, or HeroX Terms of Use; (f) your violation of any rights of another party, including any Users; or (g) your violation of any applicable laws, rules or regulations. You agree that the provisions in this section will survive any termination of your participation in the Challenge.