[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Pages 74746-74752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30313]

                                                Federal Register

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.


Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / 

[[Page 74746]]


Food and Nutrition Service

Announcement of Competition under the America COMPETES, 
Reauthorization Act of 2010

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Notice of prize competition


SUMMARY: The goal of the prize competition (also described as ``the 
hackathon'') is to produce an open source electronic school meal 
application that States and school districts can adapt for their own 
use. FNS hopes to develop a prototype that incorporates the best ideas 
from the innovation community at large. The application will contain a 
minimum FNS-defined package of design features that target applicant 
error and reduce applicant burden. FNS looks to innovators in design, 
human behavior, and software development to build upon these goals and 
give life to a model application that is visually appealing, easy to 
use, fast and efficient, and technically sound.
    Prize Competition Sponsor: The prize competition is being sponsored 
by the United States Department of Agriculture (USDA) Food and 
Nutrition Service (FNS), 3101 Park Center Drive, Alexandria, VA 22302. 
The Contest Sponsor, and only the Contest Sponsor, makes all decisions 
related to the development, management, and implementation of the 
    Prize Competition Administrator: Devpost, Inc. (``Devpost''), 433 
W. 14th Street, #3F, New York, NY 10014, will be administering the 
prize competition. The Administrator will be the official timekeeper 
for the prize competition.

Dates and Timing

    Prize Competition Submission Period: December 1, 2015 (10:00 a.m. 
Eastern Time)-March 1, 2016 (5:00 p.m. Eastern Time) (the ``Hackathon 
Submission Period'')
    Judging Period: March 16, 2016 (10:00 a.m. Eastern Time)--March 25, 
2016 (5:00 p.m. Eastern Time) (the ``Judging Period'')
    Public Voting Period: March 16, 2016 (10:00 a.m. Eastern Time)--
March 25, 2016 (5:00 p.m. Eastern Time) (the ``Public Voting Period'')
    Winner Announcement Date: On or around March 31, 2016 (2:00 p.m. 
Eastern Time)

FOR FURTHER INFORMATION CONTACT: Edward Harper, Director, Office of 
Program Integrity, Food and Nutrition Service, USDA. (703) 305-2340.


NAME: E.A.T. School Lunch UX Challenge

    Tagline: Electronic Application Transformation--Create a model 
electronic application for the National School Lunch Program and help 
millions of American students access school meals.


    An overwhelming majority of America's school children--roughly 50 
million elementary and secondary school students--attend institutions 
that participate in the National School Lunch Program (NSLP) and the 
School Breakfast Program (SBP). Most consume school meals on a regular 
basis. In total, about 100,000 schools and institutions serve more than 
5 billion meals through NSLP and 2 billion via the SBP to America's 
children each school year. Traditionally, households have applied for 
free or reduced price meal benefits by submitting paper or online 
applications through their local schools. Millions of these 
applications are filed every year and as of 2014, nearly 10 million low 
income children were certified by application for these benefits. 
However, due to issues with reporting, calculating, and processing, 
many applications contain errors that result in incorrect eligibility 
decisions for children.
    FNS currently offers a prototype paper application on its Web site, 
and thousands of school districts have adopted or modified that 
application for their own use. Many districts also offer online 
applications, but FNS does not have an electronic prototype for them to 
use as a model. FNS recognizes that a well-designed electronic 
application holds promise as a tool to both facilitate access to 
program benefits and reduce certification error. Electronic 
applications have the potential to reduce applicant error by providing 
prompts and feedback to the user during the application process. For 
example, an electronic application can be designed to:
     Guide applicants through a process that prompts for all 
includable income types,
     Alert applicants to missing information, and
     Prompt applicants to confirm the accuracy of a final 
monthly income total.
    The agency believes that inviting ideas from a broad community of 
design experts and programmers may be the best way to develop the most 
effective final product. Through this challenge, FNS hopes to develop a 
prototype that incorporates the best ideas from the innovation 
community at large. The challenge model gives the agency access to the 
talents of individuals that we are unlikely to reach through the 
traditional contracting process.

Summary of How To Enter and Judging Criteria

Eligibility--Who can participate?

     Individuals who are at least 18 years of age or older, and 
who are citizens or permanent residents of the United States, at the 
time of entry (``Eligible Individuals'').
     Teams of Eligible Individuals (``Teams'').
     Organizations (including corporations, not-for-profit 
corporations and other nonprofit organizations, limited liability 
companies, partnerships, and other legal entities) that exist and have 
been organized or incorporated at the time of entry, are domiciled in 
the United States, and employ no more than 50 people (``Small 
     Organizations (including corporations, not-for-profit 
corporations and other nonprofit organizations, limited liability 
companies, partnerships, and other legal entities) that employ more 
than 50 people and are domiciled in the United States (``Large 
Organizations''). Please note, however, that Large Organizations will 
only be eligible to win the Large Organization Recognition Award, which

[[Page 74747]]

carries no monetary value. Large Organizations will not be eligible to 
receive any other prize in connection with this Hackathon.

(The above are collectively, ``Makers.'')
    An individual may join more than one Team, Small Organization, or 
Large Organization and an Eligible Individual who is part of a Team, 
Small Organization, or Large Organization may also enter the Hackathon 
on an individual basis.
    If a Team, Small Organization, or Large Organization is entering 
the Hackathon, they must appoint and authorize one Eligible Individual 
(the ``Representative'') to represent, act, and enter a Submission, on 
their behalf. The Representative must meet the eligibility requirements 
above for Eligible Individuals. By entering a Submission on the 
Hackathon Web site on behalf of a Team, Small Organization, or Large 
Organization, you represent and warrant that you are the Representative 
authorized to act on behalf of your Team, Small Organization, or Large 
The Prize Competition IS NOT Open To
     Individuals who are residents of, or organizations 
domiciled in, a country, state, province or territory outside of the 
United States.
     Organizations involved with the design, production, paid 
promotion, execution, or distribution of the Hackathon, including USDA 
and Devpost (``Promotion Entities'').
     Employees, representatives and agents** of such 
organizations, and all members of their immediate family or household.*
     Any other individual involved with the design, production, 
promotion, execution, or distribution of the Hackathon, and each member 
of their immediate family or household.*
     Any Judge (defined below); any company or individual that 
employs a Judge; or any company for whom a Judge serves as an officer, 
director, or agent.
     Any parent company, subsidiary, or other affiliate*** of 
any organization described above.
     Any individual, teams of individuals, or organizations 
that have a familial or financial relationship with any judge.
     Any Federal entity or Federal employee acting within the 
scope of their employment, or as may otherwise be prohibited by Federal 
law (employees should consult their agency ethics officials).
     Any individual, Team, Small Organization, or Large 
Organization that used Federal facilities or consulted with Federal 
employees to develop their Submission (as defined below), unless the 
facilities and employees were made available to all Makers 
participating in the Hackathon on an equitable basis.
     Any individual, Team, Small Organization, or Large 
Organization that used Federal funds to develop their 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 Hackathon, 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 Hackathon.
     Any other individual or organization whose participation 
in the Hackathon would create, in the sole discretion of the Sponsor 
and/or Administrator, a real or apparent conflict of interest.
    * The members of an individual's immediate family include the 
individual's spouse, children and stepchildren, parents and 
stepparents, and siblings and stepsiblings. The members of an 
individual's household include any other person that shares the same 
residence as the individual for at least three (3) months out of the 
    ** Agents include individuals or organizations that in creating a 
Submission to the Hackathon, are acting on behalf of, and at the 
direction of, a Promotion Entity through a contractual or similar 
    *** An affiliate is: (a) an organization that is under common 
control, sharing a common majority or controlling owner, or common 
management; or (b) an organization that has a substantial ownership in, 
or is substantially owned by the other organization.
    Additional Prize specific eligibility requirements for students are 
stated below under Prize Specific Eligibility Requirements.

Submission Requirements

A. How to Enter

    Makers must do the following to participate in the Hackathon:
    (1) Registration: Register for the Hackathon on the Hackathon Web 
site by clicking the ``Register for this hackathon'' button. To 
complete registration, sign up to create a Devpost account, or log in 
with an existing Devpost account. There is no charge for creating a 
Devpost account. Registration will enable you to receive important 
updates and access the ``Enter a Submission'' page.
    (2) Submission:
     Web-based Form: Build a functioning, web-based form that 
runs in a desktop web browser, and collects data required for the 
National School Lunch Program application, while improving applicant 
user experience and reducing applicant errors (each a ``Web-based 
Form''). The Web-based Form refers both to the design elements of the 
form (the user interface) as well as the underlying program code. Your 
Web-based Form must:
    [cir] Include and collect required fields necessary for application 
consideration by local school districts. A list of the required fields 
can be found below in Section 4C, and on the Resources & Requirements 
page of the Hackathon Web site Makers should include all required 
fields, however, the Sponsor may, at their discretion, deem a Web-based 
Form eligible, if it includes a substantial majority of the required 
    [cir] Be open-sourced and provided under MIT license.
    [cir] Include a way to capture, save, and export the completed Web-
based Form responses.
    [cir] Include user interface question prompting, to assist with 
form completion.
     Demonstration Video: Create a demonstration video walking 
through the main features of the Web-based Form via a step-by-step 
visual demonstration of the user flow involved in completing the form. 
The video should speak to how the Maker's design of the Web-based Form 
improves the user experience for applicants and reduces error.
     Additional Submission Requirements: Complete and enter all 
of the required fields on the ``Enter a Submission'' page of the 
Hackathon Web site (each a ``Submission'') during the Hackathon 
Submission Period. Required fields include:
    [cir] Uploaded image(s) of the Web-based Form design
    [cir] A text description of the Web-based Form including the 
Maker's approach to the design and user experience
    [cir] A link to the working Web-based Form
    [cir] A link to an open source code repository (on Github or 
Bitbucket, for example)
     Follow the additional requirements described below.

B. Language Requirements

    All Submission materials must be in English or, if not in English, 
the Maker must provide an English translation of the demonstration 
video, text

[[Page 74748]]

description, and testing instructions as well as all other materials 

C. Additional Web-based Form Requirements & Recommendations

    (1) Functionality: The Web-based Form must be capable of running 
consistently on the web, and must function as depicted in the 
demonstration video and/or expressed in the text description.
    (2) Platform: A submitted Web-based Form must be hosted on the web 
and must run on a desktop web browser.
    (3) Required Fields: A Maker's Web-based Form should prompt users 
for the following (Please visit the Resources and Requirements pages of 
the Hackathon Web site for background and context on the School Lunch 
Program application requirements):
     A list of the names (first, middle initial, last) of all 
household members, both children (students and non-students) and 
     Place to indicate each child's status as foster, homeless, 
migrant or runaway, as applicable
     Income and frequency for each household member.
     The last four digits of the social security number of the 
adult household member
     If the adult member signing the application does not 
possess a social security number, the household must be able to 
indicate so.
     Prompted to enter or confirm the total number of household 
     Field for a case number for Assistance Programs (SNAP, 
     Electronic signature by an adult member of the household 
(signatures do not need to be government certified for the purpose of 
this competition).
     The date the application was signed.
     Address, phone number and email address (and an indication 
that these fields are optional).
     City, state and zip code
     All required statements (ex. USDA Non-Discrimination 
Statement, Use of Information Statement, Attesting Statement, and 
Children's Racial & Ethnic Identities Question).
    (4) User Testing: Makers should demonstrate that user testing of 
their Web-based Form was completed and feedback was provided. To do so, 
Makers may utilize and complete the sample user-testing questionnaire 
to describe testing provided on the Hackathon Web site, or may address 
user testing in the demonstration video. While user testing is not 
required for eligibility, Makers are strongly encouraged to conduct 
user testing to improve the user experience of their Web-based Form. 
Submissions will be evaluated on the extent to which user testing was 
conducted, as set forth below in the Judging section.
    (5) Testing: The Maker must make their working Web-based Form 
available online; make it open source under MIT license; and provide it 
free of charge, and without any restriction, for testing, evaluation 
and use by the Sponsor, Administrator and judges during the Hackathon 
and for 90 days following the Winner Announcement Date. Makers will be 
required to provide a link for accessing the Web-based Form on the 
``Testing Instructions'' field on the Enter a Submission form.
    (6) Multiple Submissions: A Maker may submit more than one 
Submission; however, each Submission must be unique and substantially 
different from any other Submission entered by the Maker. Whether a 
Maker's multiple Submissions are unique will be determined at the 
discretion of the Sponsor and/or the Administrator.
    (7) Third Party Tools: Web-based Forms may integrate third party 
technologies, tools, database solutions, APIs, and libraries provided 
the Maker is authorized to use them and the use of such third party 
tools is consistent with making the Web-based Form open source under 
MIT license.
    (8) Intellectual Property: Your Submission (including all design 
elements, functionality, and program code) must: (a) Be your (or your 
Team, Small Organization, or Large Organization's) original work 
product; (b) be solely owned by you, your Team, your Small 
Organization, or your Large Organization with no other person or entity 
having any right or interest in it; (c) not violate the intellectual 
property rights or other rights including but not limited to copyright, 
trademark, patent, contract, and/or privacy rights, of any other person 
or entity; and (d) be publicly available and open source under MIT 
license. A Maker may contract with a third party for technical 
assistance to create the Submission provided the Submission components 
are solely the Maker's work product and the result of the Maker's ideas 
and creativity, and the Maker owns all rights to them. A Maker may 
submit a Submission that includes the use of open source software, 
provided the Maker complies with applicable open source licenses and, 
as part of the Submission, creates software that enhances and builds 
upon the features and functionality included in the underlying open 
source product. By entering the Hackathon you represent, warrant, and 
agree that your Submission meets these requirements.
    (9) Financial or Preferential Support: A Submission must not have 
been developed, or derived from work developed, with financial or 
preferential support from the Sponsor or Administrator. Such 
Submissions include, but are not limited to, those that received 
funding or investment for their development, were developed under 
contract, or received a commercial license, from the Sponsor or 
Administrator any time prior to the end of Hackathon Submission Period. 
The Sponsor, at their sole discretion, may disqualify a Submission, if 
awarding a prize to the Submission would create a real or apparent 
conflict of interest.

D. Text Description, Image, and Video Requirements

    (1) Text Description: The text description should explain the 
features and functionality of your Web-based Form and how the design 
improves user experience for applicants and reduces error.
    (2) Images: The image(s) should be photographs or screenshots of 
your working Web-based Form.
    (3) Video: The video portion of the Submission:
    (a) Should be less than five (5) minutes;
    (b) Must include footage that clearly explains the Web-based Form's 
features and functionality through a comprehensive, step by step 
    (c) Should address how the design improves user experience for 
applicants and reduces error;
    (d) Must be uploaded to YouTube.com or Vimeo.com, and a link to the 
video must be provided on the submission form on the Hackathon Web 
site; and
    (e) Must not include third party trademarks, or copyrighted music 
or other material unless the Maker has permission to use such material.

Submission Rights

    A. Maker Rights: The Maker will be credited with their work on the 
Submission on the Hackathon Web site, but will make the Web-based Form 
available open source, under MIT license.
    B. Sponsor Rights: By entering the Hackathon, you grant to the 
Sponsor, Administrator, and any other third parties Sponsor, a royalty-
free, non-exclusive, worldwide perpetual license to display publicly 
and use for promotional purposes the Submission, in perpetuity. This 
license includes, but is not limited to, posting or linking to

[[Page 74749]]

the Submission on Sponsor's, or Administrator's, and partners' Web 
sites and applications, including the Hackathon Web site, and display 
and promotion of the Submission in any other media, worldwide.
    C. Submission Display: The following Submission components may be 
displayed to the public: Name, description, images, video URL, Web site 
URL (open source repo), and Team members. Other Submission materials 
may be viewed by the Sponsor, Administrator, and Judges for screening 
and evaluation.
    D. Third Party Rights: By entering the Hackathon, you grant free 
and unlimited use of all design elements, functionality, and program 
code by all parties, public and private including for-profit commercial 
entities. This includes use or modification of your submission by any 
party in the development of an application for use by, or for sale to, 
any school or school district that participates in the National School 
Lunch Program or the School Breakfast Program.
    E. Makers represent and warrant that the Sponsor, Administrator, 
and Hackathon partners are free to use Makers' Submission in the manner 
described above, as provided or as modified by Administrator, without 
obtaining permission or license from any third party and without any 
compensation to Makers.


    A. Judges: Eligible Submissions will be evaluated by a panel of 
judges selected by the Sponsor (the ``Judges''). Judges may be 
employees of the Sponsor or external, may or may not be listed 
individually on the Hackathon Web site, and may change before or during 
the Judging Period. Judging may take place in one or more rounds with 
one or more panels of Judges, at the discretion of the Sponsor.
    B. Criteria: The Judges will score eligible Submissions using the 
following, equally weighted criteria (the ``Judging Criteria''):
    (1) UX and Design Appeal (Includes the degree to which the design 
reinvents the user experience of the form--focusing on usability, 
intuitiveness, and design appeal.)
    (2) Effectiveness & Efficiency of Behavioral Prompts (Does the 
design keep the user engaged through user prompts? Does the design 
guide the applicants through all required fields and reduce mistakes?)
    (3) Implementation of Form Requirements (Includes the extent to 
which the design adheres to the set of form and field requirements 
    (4) Application Code Documentation & Implementation (Includes the 
completeness and efficiency of the application documentation and code.)
    (5) Demonstration of Testing and Debugging (Includes the extent to 
which user testing and debugging was performed and demonstrated within 
the submission.)
    The Judging Criteria above may not apply to every Prize. See the 
Prizes section below for the Judging Criteria that apply for each 
Prize. The Maker(s) that are eligible for a Prize, and whose 
Submissions earn the highest overall scores based on the applicable 
Judging Criteria, will become potential winners of that Prize.
    D. Tie Breaker: For each Prize listed below, if two or more 
Submissions are tied, the tied Submission with the highest score in the 
first applicable criterion listed above will be considered the higher 
scoring Submission. In the event any ties remain, this process will be 
repeated, as needed, by comparing the tied Submissions' scores on the 
next applicable criterion. If two or more Submissions are tied on all 
applicable criteria, the panel of Judges will vote on the tied 

                                                                                             Applicable judging
            Winner                    Prize           Quantity         Eligible makers            criteria
First Prize...................  US$20,000........               1  All except Large        i, ii, iii, iv, v.
Second Prize..................  US$10,000........               1  All except Large        i, ii, iii, iv, v.
Third Prize...................  US$5,000.........               1  All except Large        i, ii, iii, iv, v.
Honorable Mention.............  US$2,000.........               5  All except Large        i, ii, iii, iv, v.
Student Award.................  US$1,000.........               1  Students (see Section   i, ii, iii, iv, v.
                                                                    on prize eligibility
                                                                    requirements below).
Best Creative Design Aesthetic  US$1,000.........               1  All except Large        Bonus prize awarded
                                                                    Organizations.          to the Submission
                                                                                            with the highest
                                                                                            score on Judging
                                                                                            Criterion (i) ``UX
                                                                                            and Design Appeal''.
Best Technical Implementation.  US$1,000.........               1  All except Large        Submission with the
                                                                    Organizations.          highest combined
                                                                                            score on Judging
                                                                                            Criteria (iii)
                                                                                            ``Implementation of
                                                                                            Form Requirements''
                                                                                            and (iv)
                                                                                            ``Application Code
                                                                                            Documentation &
Best Behavioral Element.......  US$1,000.........               1  All except Large        Submission with the
                                                                    Organizations.          highest score on
                                                                                            Judging Criterion
                                                                                            (ii) ``Effectiveness
                                                                                            & Efficiency of
Popular Choice Award..........  US$1,000.........               1  All except Large        Determined by public
                                                                    Organizations.          voting **.
Large Organization Recognition  Recognition only.               1  Only Large              i, ii, iii, iv, v.
 Award.                                                             Organizations.
** Please review the Devpost Terms of Service at http://Devpost.com/terms for voting rules.

[[Page 74750]]

Prize Specific Eligibility Requirements

Best Student App Eligibility Requirements

    In addition to the requirements in the Eligibility Section, Makers 
(including all members, if a Team submission) must:
     Be currently enrolled in at least nine credits or three 
courses, or the equivalent at the time of entry (or must have been 
enrolled in such credits or courses within the past three months); OR
     Have graduated in the three months prior to the date of 
entry from either a secondary school or functional equivalent, or an 
accredited post-secondary institution (e.g., university, community 
college, technical college).

Verification of Potential Winners

    A. Verification Requirement: THE AWARD OF A PRIZE TO A POTENTIAL 
final decision to designate a winner shall be made by the Sponsor and/
or Administrator.
    B. Required Forms: Potential winners will be notified using the 
email address associated with the Devpost account used to enter the 
Submission (the submitter is the ``Representative'' in the case of a 
Team, Small Organization, or Large Organization). In order to receive a 
Prize, the potential winner (including all participating team members 
in the case of a Team, Small Organization, or Large Organization) will 
be required to sign and return to the Sponsor or Administrator, 
affidavit(s) of eligibility (or a similar verification document) and 
liability/publicity release(s), and any applicable tax forms 
(``Required Forms'').
    Deadline for Returning Required Forms: Ten (10) business days after 
the Required Forms are sent.
    C. Disqualification: The Sponsor and/or Administrator may deem a 
potential winner (or participating Team members) ineligible to win if:
    (1) The potential winner's Representative or any participating 
member does not respond to multiple emails or fails to sign and return 
the Required Forms by the deadline listed above, or responds and 
rejects the Prize;
    (2) The Prize or Prize notification is returned as undeliverable; 
    (3) The Submission or the potential winner, or any member of a 
potential winner's Team, Small Organization, or Large Organization, is 
disqualified for any other reason.
    In the event of a disqualification, the Sponsor and/or 
Administrator may award the applicable Prize to an alternate potential 

Prize Distribution

    A. Substitutions & Changes: The Sponsor has the right to make a 
Prize substitution of equivalent or greater value. The Sponsor will not 
award a Prize if there are no eligible Submissions entered in the 
Hackathon, or if there are no eligible Makers or Submissions for a 
specific Prize.
    B. Prize Delivery: A monetary Prize will be mailed to the winning 
Maker's address (if an individual) or the Representative's address (if 
a Team or Small Organization) after receipt of the Required Forms. 
Prizes will be payable to the Maker, if an individual, to the Maker's 
Representative, if a Team, or to the Small Organization, if the Maker 
is a Small Organization. It will be the responsibility of the winning 
Maker's Representative to allocate the Prize among their Team or Small 
Organization's participating members, as the Representative deems 
    C. Prize Delivery Timeframe: Within 45 days of the Sponsor or 
Administrator's receipt of the Required Forms
    D. Fees & Taxes: Winners (and in the case of Team or Small 
Organization, all participating members) are responsible for any fees 
associated with receiving or using a prize, including but not limited 
to, wiring fees. Winners (and in the case of Team or Small 
Organization, all participating members) are responsible for reporting 
and paying all applicable taxes in their jurisdiction of residence 
(federal, state/provincial/territorial and local). Winners may be 
required to provide certain information to facilitate receipt of the 
award; including completing and submitting any tax or other forms 
necessary for compliance with applicable withholding and reporting 
requirements. United States residents are required to provide a 

Entry Conditions and Release

    A. By entering the Hackathon, you (and, if you are entering on 
behalf of a Team or Small Organization, each participating members) 
agree(s) to the following:
    (1) The relationship between you, the Maker, and the Sponsor and 
Administrator, is not a confidential, fiduciary, or other special 
    (2) You will be bound by and comply with these Official Rules and 
the decisions of the Sponsor, Administrator, and/or the Hackathon 
Judges which are binding and final in all matters relating to the 
    (3) You release, indemnify, defend and hold harmless the Sponsor, 
Administrator, Promotion Entities, and their respective parent, 
subsidiary, and affiliated companies, the Prize suppliers and any other 
organizations responsible for sponsoring, fulfilling, administering, 
advertising or promoting the Hackathon, 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 Maker's entry, creation 
of Submission or entry of a Submission, participation in the Hackathon, 
acceptance or use or misuse of the Prize (including any travel or 
activity related thereto) and/or the broadcast, transmission, 
performance, exploitation or use of the Submission as authorized or 
licensed by these Official Rules.
    B. Without limiting the foregoing, the Released Parties shall have 
no liability in connection with:
    (1) Any incorrect or inaccurate information, whether caused by the 
Sponsor or Administrator's electronic or printing error, or by any of 
the equipment or programming associated with or utilized in the 
    (2) 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 Hackathon Web site;
    (3) Unauthorized human intervention in any part of the entry 
process or the Hackathon;
    (4) Technical or human error which may occur in the administration 
of the Hackathon or the processing of Submissions; or
    (5) Any injury or damage to persons or property which may be 
caused, directly or indirectly, in whole or in part, from the Maker's 
participation in the Hackathon or receipt or use or misuse of any 

[[Page 74751]]

    The Released Parties are not responsible for incomplete, late, 
misdirected, damaged, lost, illegible, or incomprehensible Submissions 
or for address or email address changes of the Makers. Proof of sending 
or submitting will not be deemed to be proof of receipt by the Sponsor 
or Administrator.
    If for any reason any Maker's Submission is determined to have not 
been received or been erroneously deleted, lost, or otherwise destroyed 
or corrupted, the Maker's sole remedy is to request the opportunity to 
resubmit its Submission. Such request must be made promptly after the 
Maker knows or should have known there was a problem, and will be 
determined at the sole discretion of the Sponsor.


    By participating in the Hackathon you consent to the use of 
personal information about you, if you are a winner, by the Sponsor, 
Administrator, and third parties acting on their behalf. Such personal 
information includes, but is not limited to, your name, likeness, 
photograph, voice, opinions, comments and hometown and country of 
residence. It may be used in any existing or newly created media, 
worldwide without further payment or consideration or right of review, 
unless prohibited by law. Authorized use includes advertising and 
promotional purposes.
    This consent applies, as applicable, to all members a Maker's Team 
or Small Organization or Large Organization that participated in the 
winning Submission.

General Conditions

    A. Sponsor and Administrator reserve the right, in their sole 
discretion, to cancel, suspend and/or modify the Hackathon, or any part 
of it, in the event of a technical failure, fraud, or any other factor 
or event that was not anticipated or is not within their control.
    B. Sponsor and Administrator reserve the right in their sole 
discretion to disqualify any individual or Maker it finds to be 
actually or presenting the appearance of tampering with the entry 
process or the operation of the Hackathon or to be acting in violation 
of these Official Rules or in a manner that is inappropriate, 
unsportsmanlike, not in the best interests of this Hackathon, or a 
violation of any applicable law or regulation.
    C. Any attempt by any person to undermine the proper conduct of the 
Hackathon may be a violation of criminal and civil law. Should Sponsor 
or Administrator suspect that such an attempt has been made or is 
threatened, they reserve the right to take appropriate action including 
but not limited to requiring a Maker to cooperate with an investigation 
and referral to criminal and civil law enforcement authorities.
    D. If there is any discrepancy or inconsistency between the terms 
and conditions of the Official Rules and disclosures or other 
statements contained in any Hackathon materials, including but not 
limited to the Hackathon Submission form, Hackathon Web site, 
advertising (including but not limited to television, print, radio or 
online ads), the terms and conditions of the Official Rules shall 
    E. The terms and conditions of the Official Rules are subject to 
change at any time, including the rights or obligations of the Maker, 
the Sponsor and the Administrator. The Sponsor and Administrator will 
post the terms and conditions of the amended Official Rules on the 
Hackathon Web site. To the fullest extent permitted by law, any 
amendment will become effective at the time specified in the posting of 
the amended Official Rules or, if no time is specified, the time of 
    F. If at any time prior to the deadline, a Maker or prospective 
Maker believes that any Official Rule is or may be unclear or 
ambiguous, they must submit a written request for clarification.
    G. The Sponsor or Administrator's failure to enforce any term of 
these Official Rules shall not constitute a waiver of that provision. 
Should any provision of these Official Rules be or become illegal or 
unenforceable in any jurisdiction whose laws or regulations may apply 
to a Maker, such illegality or unenforceability shall leave the 
remainder of these Official Rules, including the Rule affected, to the 
fullest extent permitted by law, unaffected and valid. The illegal or 
unenforceable provision shall be replaced by a valid and enforceable 
provision that comes closest and best reflects the Sponsor's intention 
in a legal and enforceable manner with respect to the invalid or 
unenforceable provision.
    H. Excluding Submissions, all intellectual property related to this 
Hackathon, including but not limited to copyrighted material, 
trademarks, trade-names, logos, designs, promotional materials, Web 
pages, source codes, drawings, illustrations, slogans and 
representations are owned or used under license by the Sponsor and/or 
Administrator. All rights are reserved. Unauthorized copying or use of 
any copyrighted material or intellectual property without the express 
written consent of its owners is strictly prohibited. Any use in a 
Submission of Sponsor or Administrator intellectual property shall be 
solely to the extent provided for in these Official Rules.

Limitations of Liability

    By entering, all Makers (including, in the case of a Team, Small 
Organization, or Large Organization, all participating members) agree 
to be bound by the Official Rules and hereby release the Released 
Parties from any and all liability in connection with the Prizes or 
Maker's participation in the Hackathon. 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.


    A. Makers agree that, to the fullest extent permitted by law:
    (1) Any and all disputes, claims and causes of action arising out 
of or connected with this Hackathon, or any Prizes awarded, other than 
those concerning the administration of the Hackathon or the 
determination of winners, shall be resolved individually, without 
resort to any form of class action;
    (2) Any and all disputes, claims and causes of action arising out 
of or connected with this Hackathon or any Prizes awarded, shall be 
resolved exclusively by the United States District Court of New York or 
the appropriate New York State Court and Makers consent to the 
exclusive jurisdiction and venue of such courts; and
    (3) Under no circumstances will Makers be entitled to, and Makers 
hereby waives 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 Makers and the Sponsor in connection with 
the Hackathon, shall be governed by, and construed in accordance with, 
the laws of the State of New York, without giving effect to any choice 
of law or conflict of law rules (whether of the State of New York or 
any other jurisdiction), which would cause the application of the laws 
of any jurisdiction other than the State of New York.

[[Page 74752]]

Additional Terms That Are Part of the Official Rules

    Please review the Devpost Terms of Service at http://devpost.com/
terms for additional rules that apply to your participation in the 
Hackathon and more generally your use of the Hackathon Web site. Such 
Terms of Service are incorporated by reference into these Official 
Rules. If there is a conflict between the Terms of Service and these 
Official Rules, the latter terms shall control with respect to this 
Hackathon only.
    Participation in the Hackathon constitutes Maker's full and 
unconditional agreement to these Official Rules. By entering, a Maker 
agrees that all decisions related to the Hackathon that are made 
pursuant to these Official Rules are final and binding, and that all 
such decisions are at the sole discretion of the Sponsor and/or 
    Devpost collects personal information from you when you enter the 
Hackathon. The information collected is subject to the privacy policy 
located here: http://devpost.com/privacy.


    If you have any questions or comment, or wish to send us any notice 
regarding this Hackathon, please email us at Support@Devpost.com.


    America Creating Opportunities to Meaningfully Promote Excellence 
in Technology, Education, and Science Reauthorization Act of 2010, 15 
U.S.C. 3719.

    Dated: November 23, 2015.
Yvette S. Jackson,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2015-30313 Filed 11-27-15; 8:45 am]