Confidentiality and Intellectual Property

By submitting an application, the applicant agrees to the terms. Access to the applications is granted to the Administrator and its designees (including, but not limited to, the Committee and Finals Judging Panel) for the purposes of review and judging (collectively, the “Reviewing Parties”). The Administrator, for itself and on behalf of the Reviewing Parties, offers and makes no guarantee of confidentiality, either explicit or implicit, in connection with any data or information presented or discussed by applicants, whether in the application or otherwise throughout the Competition. Applicants should confirm with appropriate advisors and legal counsel that any intellectual property described or disclosed in an application is held by the applicant and appropriately protected before the application is submitted, but this does not guarantee nondisclosure by the NYSDPO if the NYSDPO is compelled to release documentation of the intellectual property by applicable law. Applicants should mark all trade secrets as “confidential trade secret,” recognizing that this precaution does not guarantee nondisclosure, but rather it assists the NYSDPO in claiming an exemption from release should the documents be requested via the New York Freedom of Information Law. Applicants should be prepared to provide reasonable back-up documentation for these statements, if requested by the Administrator. The authors of each applicant submission will retain all copyrights to the contents of their submission, provided that the Reviewing Parties may make photocopies, photographs, and video and/or audio recordings of any data or information divulged, presented, or discussed by any applicant throughout that applicant’s participation in the Competition. By submitting an application for the Competition, applicants agree to and hereby grant a license to the Administrator and the Reviewing Parties to use and reproduce such materials without restriction and without compensation and to conduct such due diligence as the Reviewing Parties determine is necessary or desirable for purposes of evaluating the application and carrying out the Competition as described herein. In addition, applicant agrees, for itself and each of its principals and officers, that the Administrator and its assigns will have the perpetual right to publicly post and reproduce certain information about finalists and winners of Awards, including, but not limited to names of participating individuals, photographs, videos, category of business, logo and other marks, and an abstract (collectively, “Materials”) on the public areas of the Reviewing Parties’ websites, media sites and through other means, all without compensation. The Administrator and its assigns will also have the perpetual right to use the Materials for research, educational, advertising, promotional, not-for-profit and other similar purposes.

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