[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43466-43473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17553]
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FEDERAL TRADE COMMISSION
Robocall Contest
AGENCY: Federal Trade Commission.
ACTION: Notice; public challenge.
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SUMMARY: The Federal Trade Commission (``FTC'') announces an open
source prize competition that challenges the public to create and
improve an innovative 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 at DEF CON 22, a conference of information
security specialists, in Las Vegas, Nevada, from August 7-10, 2014. The
Contest will occur in 3 independent phases, with Winner(s) chosen from
each phase. Phase 1, ``Creator,'' involves building a robocall
honeypot. Phase 2, ``Attacker,'' requires Contestants to identify a
honeypot's security vulnerabilities. Phase 3, ``Detective,'' involves
analysis of data from an existing robocall honeypot.
DATES: Contestants may register for any phase beginning at 9:00 a.m.
Pacific Daylight Time (``PDT'') on August 7, 2014 at the FTC's
``Zapping Rachel'' booth at DEF CON 22. The deadline for submitting
entries for phase 1 is August 8, 2014 at 12:00 p.m. PDT; phase 2 is
August 9, 2014 at 12:00 p.m. PDT; and phase 3 is August 9, 2014 at 7:00
p.m. PDT.
FOR FURTHER INFORMATION CONTACT: Patricia Hsue, 202-326-3132, or Kati
Daffan, 202-326-2727, Division of Marketing Practices, Bureau of
Consumer Protection, FTC; 600 Pennsylvania Ave. NW.; Mailstop CC-8528;
Washington, DC 20580.
SUPPLEMENTARY INFORMATION: The FTC Robocall Contest (the ``Contest'')
will complement the Federal Trade Commission's 2012 Robocall Challenge
and advance its work, along with that of its public and private sector
partners, to combat illegal telemarketing calls. Telemarketing
robocalls are prerecorded messages that generally seek to promote the
purchase 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 FTC is hosting the Contest at DEF CON 22. The Contest will
challenge the public to contribute to the design of robocall
honeypots--information
[[Page 43467]]
systems intended to attract perpetrators of illegal robocalls and
gather knowledge about robocaller tactics. The Robocall 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.
Participation 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) Telephone Science Corporation, also d/b/a Nomorobo, 5507-10
Nesconset Hwy, Suite 201; Mt Sinai, NY 11766;
(ii) Twilio, Inc. (``Twilio''), 645 Harrison Street, Third Floor;
San Francisco, CA 94107.
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 2.D.
(ii) Contestants must comply with all terms and conditions of the
Official Rules throughout the Contest and Judging Period.
(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 shall 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/she is duly authorized to act on behalf of the team.
(v) An individual may join more than one team, and an individual
who is part of a team may also enter the Contest on an individual
basis.
(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 Judge or otherwise has a
material business relationship or affiliation with any Judge;
(iii) any individual who is a member of any Judge's immediate
family or household;
(iv) any individual who has been convicted of a felony;
(v) the Sponsor, Participating Organizations, and any advertising
agency, contractor or other individual or organization involved with
the design, production, promotion, execution, or distribution of the
Contest; all employees, representatives and agents thereof; and all
members of the immediate family or household of any such individual,
employee, representative, or agent;
(vi) any Federal entity or 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);
(vii) any individual or team that used Federal facilities or relied
upon significant consultation with Federal employees to develop a
Submission, unless the facilities and employees were made available to
all Contestants participating in the Contest on an equal basis; and
(viii) 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 will need
to 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.
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 10 below) may only be awarded 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 11 below).
3. Registration Requirement for all Contestants
A. Beginning at 9:00 a.m. PDT on August 7, 2014, Contestants may
visit the FTC's ``Zapping Rachel'' booth at DEF CON 22, located at the
Rio Hotel and Casino in Las Vegas, Nevada.
B. To enter, every Contestant, including all members of a team,
must register by signing a form (``Registration Form'') to verify that
he or she: (1) Has read and agreed to the Official Rules; (2) is over
the age of 18; (3) does not have a familial or financial relationship
with any Judge as specified in Section 2.B.(ii)-(iii); and (4) has not
been convicted of a felony. A familial or financial relationship with
any Judge or a felony conviction will disqualify the Contestant from
participation in the Contest. The Registration Form will be available
to Contestants beginning at 9:00 a.m. PDT on August 7, 2014 at the
FTC's ``Zapping Rachel'' booth at DEF CON 22.
C. Contestants should register as soon as possible and will
thereupon receive important information regarding each phase of the
Contest in which they intend to participate, such as Twilio free credit
for phases 1 and 2, or access to necessary data for phase 3. See
Sections 7-9. Contestants must submit their Registration Forms before
the Submission Deadline of the first phase in which they are
participating.
D. After a Contestant registers, the Sponsor will send a
confirmation message from RobocallContest@ftc.gov to the email address
provided by the Contestant. The Contestant should use the confirmation
message to verify the email address, in order to indicate agreement to
participate in the Contest and receive important Contest updates.
E. 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
[[Page 43468]]
address. Contestants may be required to show proof of being the
authorized account holder.
F. Contestants must be physically present at the site of the
Contest in order to participate. Individuals who wish to participate in
the Contest without paying for entry to DEF CON 22 must send an email
to RobocallContest@ftc.gov indicating this preference on or before July
31, 2014. Such individuals may be escorted to the ``Zapping Rachel''
booth as the Sponsor deems necessary, but will not be able to attend
any other events, contests, presentations, or otherwise participate in
DEF CON 22.
4. Submission
A. To participate in any phase of the Contest, a Contestant must
submit the following via electronic mail:
(i) The name of the solution;
(ii) solution source code;
(iii) a written description (as required for the specific phase);
and
(iv) any other materials required under Sections 7-9 below,
including access to relevant call detail records, dialing platforms,
and/or other technologies needed to test the Submission.
Paragraphs (i)-(iv) above are collectively a ``Submission.'' The
email address used to submit the Submission shall match the address
provided on a Contestant'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.
B. Submission Deadlines
(i) For phase 1, Contestants must enter their Submissions by August
8, 2014 at 12:00 p.m. PDT.
(ii) For phase 2, Contestants must enter their Submissions by
August 9, 2014 at 12:00 p.m. PDT.
(iii) For phase 3, Contestants must enter their Submissions by
August 9, 2014 at 7:00 p.m. PDT.
Paragraphs (i)-(iii) 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 immediately following the deadline for each phase.
The Sponsor may limit the number of Contestants who can participate in
each phase to ensure that the Judges have sufficient time to review the
Submissions.
C. Submission Requirements
(i) The name, source code, written description, and any other
materials should all 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 languages and platforms
that the Sponsor will specify on or before August 7, 2014.
(iii) No part of a Submission may require the Sponsor or Judges to
spend money or otherwise obtain anything of value.
(iv) Submissions from a team must so indicate when entering a
Submission.
(v) With the exception of source code, Submissions must be in
English, except that textual material in a language other than English
will be accepted if accompanied by an English translation of that text.
(vi) Any solution that was publicly available prior to the start of
the Contest Submission Period (August 7-10, 2014) is not eligible for
entry in the Contest, unless the solution submitted incorporated
significant new functionality, features, and changes that are not
publicly available. Contestants must include a narrative description of
the new functionality 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.
(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) Submissions that do not comply with any of the above
requirements 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 more than one Submission. However,
each Submission must be unique, as determined by Sponsor in its sole
discretion. If a Contestant enters two or more Submissions that are
substantially similar, the Sponsor reserves the right to disqualify
Submissions or require the Contestant to choose one Submission to be
entered into the Contest.
(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/or 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
By entering a Submission to this Contest, Contestant grants to any
person obtaining a copy of his or her Submission, a non-exclusive,
irrevocable, royalty-free and worldwide license to use, copy, modify,
merge, publish, or distribute the Submission, any information and
content submitted by the Contestant, and any portion thereof.
Contestants agree that such Submissions shall be made and remain
available to all for use on an open source basis, as defined by the
Open Source Initiative, see opensource.org. Contestant further grants
to the Sponsor the right to display the Submission on the Internet.
Sponsor, and any third parties acting on its behalf, will also have the
right to publicize Contestant's name or codename and, as applicable,
the names or codenames of Contestant's team members, on the Contest Web
site at www.ftc.gov, and in any media whatsoever, for advertising and
publicity purposes relating to the Contest. The Contestant agrees that
the foregoing constitutes solely a condition of the Contestant's
participation in the Contest, and that nothing herein shall constitute
a procurement, including the acquisition of any intellectual property.
See Section 12.C below.
[[Page 43469]]
6. Winner Selection and Judging Criteria
A. All Submissions will be judged by an expert panel of judges (the
``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 Judges shall be required to remain fair and impartial. Any
Judge may recuse him or herself from judging a Submission if the Judge
or the Sponsor considers it inappropriate, for any reason, for the
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 Judges
using the criteria in these Official Rules.
D. For all phases, the Sponsor reserves the right to review the
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 Judges will document the scores assigned to each Submission
for each phase, and these scores may be subject to release by the
Sponsor in its sole discretion or if required by law.
F. The Sponsor and/or Judges intend to announce who earned the top
scores from each of the 3 phases on August 10, 2014. 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 11 below. The Sponsor will announce verified Winners at a later
date, and the results will be made available at the Contest Web site.
7. Phase 1: Creator
A. Phase 1 Contestants will stand in the shoes of experts trying to
understand and defeat robocaller tactics. Contestants will be required
to: (1) Build a honeypot that collects data on each call; and (2)
categorize the calls based on the likelihood that the call is a
robocall (a call delivering a prerecorded message). In designing the
honeypot, Contestants may not include any feature that requires ongoing
manual processing. Each Contestant will receive free access to a Twilio
account, which requires an agreement to comply with Twilio's terms of
service. Twilio will provide a platform that Contestants may use to
build their honeypot and at least one phone number associated with the
Twilio account. If Contestants build a honeypot on Twilio's platform,
they will also receive $30 of credit. Without spending any credit, each
Contestant may receive and send calls to the phone number associated
with his or her Twilio account from one external phone number. To send
and receive calls using additional lines, Contestants may spend up to
their $30 credit limit. The credit may also be applied toward other
Twilio features. Contestants, however, are not required to use the
Twilio platform and may use any tools they choose so long as
Contestants also provide one or more honeypot phone lines, access to
the associated call detail records or call logs, and any other
information so that the Judges can test their Submissions without
additional cost. Contestants will be disqualified, however, if they:
(1) Place calls using an autodialing program or the functional
equivalent; (2) adversely affect the Twilio platform; (3) adversely
affect any other platform, product, system, or technology; (4) violate
the terms of service of Twilio or any other third party provider; (5)
do anything prohibited by law; or (6) place calls to any number outside
their own honeypot. Judges will test the Submissions by sending calls
to the honeypots and reviewing the information associated with incoming
calls. Each Contestant will 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) Building Knowledge (70% of Total Score)
Did you succeed in identifying inaccuracies in the data
captured? You will receive ten points for each distinct successful
method that your honeypot used to identify calls in which the data
captured in any field was inaccurate. Inaccurate data could include,
but is not limited to, false caller ID number or date of the call.
Contestants will need to prove to the Judges' satisfaction that the
data captured was inaccurate, and the necessary level of proof is
within the Judges' sole discretion. Furthermore, the Judges have sole
discretion to determine whether two successful methods are meaningfully
distinct.
Did your honeypot successfully categorize calls based on
the likelihood that the calls are robocalls? Contestants will receive
up to 30 points based on the percentage of calls that are successfully
categorized. Contestants will need to prove to the Judges' satisfaction
that the calls were accurately categorized, and the necessary level of
proof is within the Judge's sole discretion.
Is your honeypot scalable? For each distinct method that
your honeypot uses to categorize or verify the accuracy of the data
collected, Contestants will receive five points for each such method
that is easily replicable and adaptable. Furthermore, the Judges have
sole discretion to determine whether two methods are meaningfully
distinct.
The Judges will compare the total points earned by each
Contestant in this category and use these totals to assign a percentage
amount of no greater than 70% to each Contestant.
(ii) Explaining the Scheme (20% of Total Score)
What insights did your Submission demonstrate with respect
to setting up an effective robocall honeypot?
What insights did your Submission demonstrate in
determining the accuracy of the data captured?
What insights did your Submission demonstrate in
determining how to categorize calls based on the likelihood that the
calls are robocalls?
(iii) Innovation (10% of Total Score)
How innovative was your Submission?
B. In order to be considered for a Prize, Submissions must score at
least one percentage point in each required category (building
knowledge, explaining the scheme, and innovation). If the Judges
determine that no one satisfies each required category, no one will be
deemed eligible for any Prize.
C. The one (1) Contestant whose Submission earns the highest
overall score will be named Winner of the phase 1 Top Prize identified
below in Section 10, if the Contestant satisfies the verification
requirements described in Section 11. If the Contestant does not
satisfy the verification requirements, the phase 1 Top Prize may be
awarded to the next highest scorer who satisfies the verification
requirements, at the Judges' or Sponsor's discretion.
D. Up to two (2) Contestants with the subsequent highest scores who
meet the Section 11 verification requirements may be awarded the phase
1 Honorable Mention Prizes--described below in Section 10--at the
Judges' or Sponsor's discretion.
E. 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 10 will be divided equally between
the tied Contestants.
8. Phase 2: Attacker
A. Phase 2 Contestants will look into the minds of robocallers.
Each Contestant will receive a list of 25 phone numbers that belong to
a robocall
[[Page 43470]]
honeypot set up on the Twilio platform. Contestants will also have free
access to a Twilio account with $15 of credit that may be applied
toward Twilio features. Contestants will attempt to circumvent the
robocall honeypot. Merely spoofing the caller ID information (i.e.,
providing inaccurate or missing Caller ID data) will not be counted as
circumvention of the robocall honeypot. One example of a way that
Contestants can successfully circumvent the robocall honeypot is by
placing undetected calls to the robocall honeypot numbers. A call is
``undetected'' if it prevents the honeypot from gathering any data
about the call, including that the call was made. Contestants will be
disqualified if they: (1) Place calls using an autodialing program or
the functional equivalent; (2) adversely affect the robocall honeypot;
(3) adversely affect the Twilio platform; (4) adversely affect any
other platform, product, system, or technology; (5) violate the terms
of service of Twilio or any other third party provider; (6) do anything
prohibited by law; or (7) place calls to any number outside the
robocall honeypot. Contestants may use any tool or platform to
circumvent the honeypot. For each circumvention effort, Contestants
must provide the necessary means for Judges to test and replicate the
attack. If Contestants use a tool other than Twilio to place calls that
circumvent the honeypot, Contestants must also provide access to their
call detail records or call logs. In addition, each Contestant will
submit all source code and a written description consisting of fewer
than 500 words summarizing: (1) The Contestant's circumvention
techniques and outcomes; (2) theoretical circumvention techniques that
the Contestant did not test but would be useful to a robocaller; and
(3) how the Contestant would build a better honeypot to prevent such
techniques.
Judging Criteria
(i) Hitting the Target (50% of Total Score)
Did you succeed in circumventing the robocall honeypot?
You will receive one point for each distinct method that you used to
circumvent the robocall honeypot. Contestants will need to prove to the
Judges' satisfaction that they circumvented the honeypot, and the
necessary level of proof is within the Judges' sole discretion.
Furthermore, the Judges have sole discretion to determine whether two
circumvention methods are meaningfully distinct.
The Judges will compare the total points earned by each
Contestant in this category and use these totals to assign a percentage
amount of no greater than 50% to each Contestant.
(ii) Explaining the Scheme (20% of Total Score)
What insights did your Submission demonstrate about how
attackers might circumvent a robocall honeypot, including by placing
undetected calls?
What theoretical techniques did your Submission describe
for how attackers might circumvent a robocall honeypot?
(iii) Rebuilding (10% of Total Score)
What insights did your Submission demonstrate about
building a better robocall honeypot?
(iv) Innovation (20% of Total Score)
How innovative were your actual or proposed methods of
circumventing the honeypot?
B. In order to be considered for a Prize, Submissions must score at
least one percentage point in each required category (hitting the
target, explaining the scheme, rebuilding, and innovation). If the
Judges determine that no one satisfies each required category, no one
will be deemed eligible for any Prize.
C. The one (1) Contestant whose Submission earns the highest
overall score will be named Winner of the phase 2 Top Prize identified
below in Section 10, if the Contestant satisfies the verification
requirements described in Section 11. If the Contestant does not
satisfy the verification requirements, the phase 2 Top Prize may be
awarded to the next highest scorer who satisfies the verification
requirements, at the Judges' or Sponsor's discretion.
D. Up to two (2) Contestants with the subsequent highest scores who
meet the Section 11 verification requirements may be awarded the phase
2 Honorable Mention Prizes--described below in Section 10--at the
Judges' or Sponsor's discretion.
E. 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 10 will be divided equally between
the tied Contestants.
9. Phase 3: Detective
A. Each phase 3 Contestant will receive two sets of call data from
an existing robocall honeypot. The Sponsor will provide this data at
the FTC's ``Zapping Rachel'' booth at DEF CON 22, beginning at 9:00
a.m. PDT on August 7, 2014. The first data set will identify calls
that, based on real-world information, are likely to have been a
robocall (a call delivering a prerecorded message). Based on
information provided in the first data set, Contestants will develop an
algorithm and will predict which of the calls in the second data set
are likely to be robocalls. In addition to submitting these
predictions, each Contestant will submit all source code and a written
description of the algorithm consisting of fewer than 250 words.
Judging Criteria
(i) Uncovering the Truth (70% of Total Score)
Did you correctly predict whether the calls in the second
honeypot data set were likely to be robocalls? To assess this, the
Judges will compare your predictions with real-world information about
which calls are likely to be a robocall. You will receive one point for
each call you successfully identified as a likely robocall, and
deducted one point for each call you inaccurately identified as a
likely robocall.
The Judges will compare the total points earned by each
Contestant in this category and use these totals to assign a percentage
amount of no greater than 70% to each Contestant.
(ii) Explaining the Scheme (20% of Total Score)
What insights did your Submission demonstrate with respect
to the analysis of honeypot call records?
(iii) Innovation (10% of Total Score)
How innovative was your Submission?
B. In order to be considered for a Prize, Submissions must score at
least one percentage point in each required category (uncovering the
truth, explaining the scheme, and innovation). If the Judges determine
that no one satisfies each required category, no one will be deemed
eligible for any Prize.
C. The one (1) Contestant whose Submission earns the highest
overall score will be named Winner of the phase 3 Top Prize identified
below in Section 10, if the Contestant satisfies the verification
requirements described in Section 11. If the Contestant does not
satisfy the verification requirements, the phase 3 Top Prize may be
awarded to the next highest scorer who satisfies the verification
requirements, at the Judges' or Sponsor's discretion.
D. Up to two (2) Contestants with the subsequent highest scores who
meet the Section 11 verification requirements may be awarded the phase
3 Honorable Mention Prizes--described below in Section 10--at the
Judges' or Sponsor's discretion.
E. In the event of a tie between or among two or more Submissions
where
[[Page 43471]]
the Contestants meet the verification requirements, the relevant Prize
identified below in Section 10 will be divided equally between the tied
Contestants.
10. Prizes
------------------------------------------------------------------------
Prize amount
Winner (for each Quantity
Winner)
------------------------------------------------------------------------
Phase 1 Top Prize................... U.S. $3,133.70 1
Phase 1 Honorable Mention(s)........ U.S. $1,337.00 2
Phase 2 Top Prize................... U.S. $3,133.70 1
Phase 2 Honorable Mention(s)........ U.S. $1,337.00 2
Phase 3 Top Prize................... U.S. $3,133.70 1
Phase 3 Honorable Mention(s)........ U.S. $1,337.00 2
------------------------------------------------------------------------
A. If no eligible Submissions are entered in the Contest, the Prize
will not 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. In the event a Winner's employer has a policy that prohibits the
awarding of a Prize to an employee, the Winner must forfeit the Prize
and the Sponsor may select an alternate Winner. 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.
11. 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
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 in order for the team to receive a Prize.)
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 10, 2014. 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.
12. Entry Conditions and Release
A. By entering, each Contestant (including, in the case of a team,
all participating members) agree(s) to:
(i) Comply with and be bound by these Official Rules and the
decisions of the Sponsor and/or the Contest Judges, whose Rules and
decisions are binding and final in all matters relating to this
Contest;
(ii) release, indemnify, defend, 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), 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
Contest, acceptance or use or misuse of the Prize and/or the broadcast,
transmission, performance,
[[Page 43472]]
exploitation, or use of Submission as authorized or licensed by these
Official Rules.
B. Without limiting the foregoing, each Contestant 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 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.
C. The Contest is not a procurement. The Sponsor does not acquire
any intellectual property and Contestants agree to permit the Sponsor
to publicize Contestants and Contest Winners solely as a condition of
the Contestant's participation in the Contest. See Paragraph 14 below.
D. Based on the subject matter of the Contest, the type of work
that it possibly will require, and the likelihood of any claims for
death, bodily injury, or property damage, or loss potentially resulting
from challenge participation, the Sponsor determines that Contestants
are not required to obtain liability insurance or demonstrate fiscal
responsibility in order to participate in this Contest.
13. Publicity
Participation in the Contest constitutes consent to Sponsor's and
its agents' use of the Contestant's name or codename (and, as
applicable, those of all other members of the team that participated in
the Submission) for promotional purposes in any media, worldwide,
without further payment or consideration. Furthermore, a Contestant's
likeness, photograph, voice, opinions, comments, and/or hometown and
state of residence (and, as applicable, those of all other members of
the team that participated in the Submission) may be used if the
Contestant provides consent.
14. General Conditions
A. Sponsor reserves the right to cancel, suspend, and/or modify the
Contest, or any part of it, if any fraud, technical failure, or any
other unanticipated factor or factors beyond Sponsor's control impairs
the integrity or proper functioning of the Contest, as determined by
Sponsor at its sole discretion. 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.
B. 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.
C. The Sponsor's failure to enforce any term of these Official
Rules shall not constitute a waiver of that provision. 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 will
not be deemed to be proof of receipt by Sponsor.
D. 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.
E. The Sponsor reserves the right, without liability, 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.
F. 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 the Sponsor. 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.
G. 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 shall be
replaced by a valid and enforceable provision that comes closest and
best reflects the Sponsor's intention in a legal and enforceable manner
with respect to the invalid or unenforceable provision.
15. Limitations of Liability
By entering, all Contestants (including, in the case of a team, 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 Prizes or Contestant's participation in the
Contest, except for any claims against the Sponsor arising out of the
unauthorized use or disclosure by the Sponsor of (1) the intellectual
property of the participant beyond the authorized uses established in
these rules, or (2) the trade secrets or confidential business
information of the participant. 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.
16. Disputes
A. Contestants agree that:
(i) 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, or the determination of Winners, shall
be resolved individually;
(ii) 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, or the determination of Winners, shall
be resolved pursuant to Federal law;
[[Page 43473]]
(iii) 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.
B. All issues and questions concerning the construction, validity,
interpretation, and enforceability of these Official Rules, or the
rights and obligations of the Contestants and the Sponsor in connection
with the Contest, shall be governed by, and construed in accordance
with, Federal law.
17. Privacy
The Sponsor may collect personal information from you when you
enter the Contest. Such personal information collected is subject to
the privacy policy located here: http://www.ftc.gov/site-information/privacy-policy.
18. Contact Us
Please visit the Frequently Asked Questions portion of the Contest
Web site for further Contest information and updates.
Jessica Rich,
Director, Bureau of Consumer Protection.
[FR Doc. 2014-17553 Filed 7-24-14; 8:45 am]
BILLING CODE 6750-01-P