RoadX Terms and Conditions
Solver Terms and Conditions
An Idea Challenge is a challenge set by a Seeker to generate groundbreaking ideas for a related business, product or initiative. The successful Solver or Solvers receive an award provided by the Seeker.
These terms and conditions apply to this Idea Challenge between you and/or the business, educational institution or other entity that you represent (“Solver”) and the Colorado Department of Transportation (the “Seeker”). The Seeker requires you to accept these terms and conditions before participating in the Idea Challenge called the RoadX Bicycle & Pedestrian Challenge, so please take the time to understand them.
If you click “I agree” and proceed to the project room for RoadX these terms and conditions will apply. Please print and keep a copy of these terms and conditions for future reference.
- Definitions: The following terms shall have the following meaning for the purposes of these terms and conditions:
- Award means a payment or other form of reward to be made through RoadX by the Seeker to the Solver that provides a winning idea in accordance with the Idea Challenge rules.
- Challenge Goal means the goal published by RoadX and CDOT on behalf of the Seeker describing the ideas being sought in the Idea Challenge.
- Idea Challenge means the contest set by the Seeker to generate ideas on an open platform in response to the Challenge Goal.
- RoadX Bike/Ped Challenge means the name of this Idea Challenge and the initiative undertaken by CDOT.
- Project Room means the area of the RoadX website dedicated to this Idea Challenge.
- Proposed Solutions: As a Solver you may submit to RoadX your idea (Proposed Technology Solution) to this Idea Challenge. RoadX will undertake reasonable endeavors to ensure your Proposed Solution is provided to the Seeker, however, RoadX shall have no liability to you should it fail to do so. RoadX will not edit Proposed Solutions and will only interpret, filter or review Proposed Solutions if requested by the Seeker and on the Seeker’s instructions. By submitting your Proposed Solution you agree to provide reasonable assistance and additional information concerning your Proposed Solution to RoadX or the Seeker, if requested.
- Acceptance of Proposed Solution and License to Use: RoadX will notify you at the end of the time period set forth in the Idea Challenge rules whether your Proposed Solution has been selected by the Seeker for an Award. The Seeker will judge all Proposed Solutions against the guidelines set out in the Idea Challenge rules and determine, in its sole discretion, which Proposed Solution best addresses the Challenge Goal. The Seeker has absolute and sole discretion to determine whether to accept your Proposed Solution, or any Proposed Solution, and whether to make an Award, multiple Awards or any Award. The meeting of the Idea Challenge rules does not automatically mean that the Proposed Solution will be eligible for an Award. The Proposed Solution must not contain or include ideas, concepts, solutions or technology of which a third party owns or controls the intellectual property. Proposed Solutions and descriptions of them may not include trademarks or trade names of corporations or entities without the permission of the owner.
- Warranties and Representations.. By entering this Idea Challenge, you represent and warrant that:
- All information provided by you regarding yourself and, if applicable, your business, educational institution or organization is true, accurate, current and complete information, and you will maintain and update such information to keep it true, accurate, current and complete.
- If you are representing a business, educational institution or other organization or entity, you are authorized to enter into the Idea Challenge on its behalf on these terms and conditions.
- Unless otherwise disclosed in the Proposed Solution, you are the owner of the Proposed Solution and the Proposed Solution does not infringe or violate any patent, copyright, trade secret, trademark or other third-party intellectual property rights.
- Your entire Proposed Solution is an original work by you as the Solver and you have not included third-party content (such as writing, text, graphics, artwork, logos, photographs, dialogue from plays, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Proposed Solution, unless (a) otherwise requested by the Seeker and/or disclosed by you in your Proposed Solution, and (b) you have either obtained the rights to use such third-party content or the content of the Proposed Solution is considered in the public domain without any limitations on use.
- The use by Seeker, or the exercise by Seeker of any of the rights granted by you under these terms and conditions, does not and will not infringe or violate any rights of any third party, or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, intentional or negligent infliction of emotional distress, confidentiality or any contractual or other rights.
- You have all the rights, licenses, permissions and consents necessary to submit the Proposed Solution and to grant all of the rights to Seeker required by these terms and conditions, including but not limited to, the right for Seeker to use and develop derivative works of and from the Proposed Solution.
- All persons who were engaged by you to work on the Proposed Solution or who appear in the Proposed Solution in any manner have:
- given you their express written consent to submit the Proposed Solution for unlimited, royalty-free use, exhibition and other exploitation in any manner, and in any and all media, whether now existing or discovered in the future, throughout the world, in perpetuity;
- provided written permission to include their name, image or pictures in or with your Proposed Solution (or if a minor who is not your child, have provided you with the permission of their parent or legal guardian) and you may be asked by Seeker to provide permission in writing;
- no claims for payment of any kind, including, without limitation, for royalties or residuals and have no approval or consultation rights or any rights of participating arising out of any use, exhibition or other exploitation of the Proposed Solution; and
- not been and are not currently under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Proposed Solution.
- You understand, recognize and accept that Seeker has access to, may create or has created materials and ideas which may be similar or identical to the Proposed Solution in concept, theme, idea, format or other respects. You acknowledge and agree that Seeker shall have the right to use such same or similar materials, and that you will not be entitled to any compensation arising from Seeker’s use of such materials.
- Acknowledgement of Rights. By entering the Idea Challenge, you agree that: (i) the tangible materials provided with your Proposed Solution become the Seeker’s property and will not be returned; (ii) the Seeker (and its authorized representatives) have the unlimited right to alter and/or edit the Proposed Solution or any part of or element thereof; and (iii) Seeker and its licenses, successors and assigns have the right to use the Proposed Solution, and the names, likenesses, voices and images of all persons appearing in the Proposed Solution, for future advertising, promotion and publicity in any manner and any medium now known or hereafter devised throughout the world in perpetuity.
- Intellectual Property. All intellectual property rights, if any, in the idea or concept demonstrated by the Proposed Solution will remain with the Solver. Notwithstanding Solver granting the Seeker a royalty-free, perpetual, non-exclusive license for the Proposed Solution, the Solver retains ownership of the Proposed Solution.
- Indemnification. Solver agrees to indemnify and hold harmless Seeker, its agents and employees, from any liability, loss or damage Seeker may suffer as a result of a third party bringing a non-frivolous claim that Seeker violated the third party's intellectual property rights by using the Proposed Solution. This indemnification obligation exists only insofar as Seeker has not materially changed the Proposed Solution in a way that triggered the non-frivolous claim.
- Confidentiality. Your Proposed Solution may be not be acknowledged and will not be received or held “in confidence” and your Proposed Solution does not create a confidential relationship or obligation of secrecy between you and any of the entities involved in this Idea Challenge.