PLEASE READ THIS CAREFULLY! You ("Innovator” or “Participant”) and NIST ("Challenge Sponsor”) are entering into this Challenge-Specific Agreement ("CSA”) for this particular incentive-based competition ("Challenge”) only. In order to participate in this Challenge, Innovator must accept these terms, and therefore should take the time to understand them.
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 Competition materials, including but not limited to the Competition submission form, Competition website and use terms, HeroX terms of participation, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the NIST Official Rules on Challenge.gov as specified within this Challenge Specific Agreement shall control.
3. Eligibility: To be eligible for the cash prizes, individuals must be age 18 at the time of entry and U.S. citizens or permanent residents of the United States, or its territories. In the case of a private entity, the business shall be incorporated in and maintain a primary place of business in the United States or its territories.
4. Submissions: By participating in this Challenge, Innovator may submit to Challenge Sponsor submission materials ("Submission”), as outlined in the Challenge Official Rules on Challenge.gov and Challenge Guidelines specific to this Challenge on HeroX.com. By submitting a Submission, Innovator thereby agrees to provide reasonable assistance and additional information concerning the Submission to Challenge Sponsor, if requested.
5. Warranties: By submitting an Entry, the Participant represents and warrants that all information submitted is true and complete to the best of the Participant’s knowledge, that the Participant has the right and authority to submit the Entry on the Participant’s own behalf or on behalf of the persons and entities that the Participant specifies within the Entry, and that the Entry (both the information and materials submitted in the Entry and the underlying technology/method/idea/treatment protocol/solution described in the Entry):
a. Is the Participant’s own original work, or is submitted by permission with full and proper credit given within the Entry;
b. Does not contain trade secrets (the Participant’s or anyone else’s);
c. Does not knowingly violate or infringe upon the patent rights, industrial design rights, copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;
d. Does not contain malicious code, such as viruses, malware, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
e. Does not and will not violate any applicable law, statute, ordinance, rule or regulation, including, without limitation, United States export laws and regulations, including but not limited to, the International Traffic in Arms Regulations and the Department of Commerce Export Regulations; and
f. Does not trigger any reporting or royalty or other obligation to any third party.
6. Intellectual Property: Any applicable intellectual property rights to an Entry will remain with the Participant. By participating in the prize challenge, the Participant is not granting any rights in any patents, pending patent applications, or copyrights related to the technology described in the Entry. However, by submitting an Entry, the Participant is granting NIST, NASA, and any parties acting on their behalf certain limited rights as set forth herein.
a. By submitting an Entry, the Participant grants to NIST, NASA, and any parties acting on their behalf the right to review the Entry, to describe the Entry in any materials created in connection with this competition, and to screen and evaluate the Entry. NIST and NASA, and any parties acting on their behalf will also have the right to publicize Participant’s name and, as applicable, the names of Participant’s team members and/or Organization which participated in submitting the Entry following the conclusion of the Competition.
b. As part of its submission, the Participant must provide written consent granting NIST, NASA, and any parties acting on their behalf, a royalty-free, non-exclusive, irrevocable, worldwide license to display publicly and use for promotional purposes the Participant’s entry (“demonstration license”). This demonstration license includes posting or linking to the Participant’s entry on NIST and NASA’s websites, including the Competition Website, and partner websites, and inclusion of the Participant’s Entry in any other media, worldwide.
7. Trade Secret Information: By making a submission to this prize competition, the Participant agrees that no part of its submission includes any Trade Secret information, ideas or products. All submissions to this prize competition are deemed non-proprietary. Since NIST does not wish to receive or hold any submitted materials “in confidence” it is agreed that, with respect to the Participant’s Entry, no confidential or fiduciary relationship or obligation of secrecy is established between NIST, NASA, or any parties acting on their behalf and the Participant, the Participant’s team, or the company or institution the Participant represents when submitting an Entry, or any other person or entity associated with any part of the Participant’s Entry.
8. Liability: Participants shall agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in this prize competition, whether the injury, death, damage, or loss arises through negligence or otherwise.
9. Insurance: Participants are not required to obtain liability insurance for this Competition.
10. Indemnification: Participants shall agree to indemnify the Federal Government against third party claims for damages arising from or related to Challenge activities.
11. Changes and Cancellation: Challenge Sponsor has the right to make updates and/or make any changes at any time during the Challenge. Innovators are responsible for regularly reviewing the official rules on Challenge.gov and updates on the HeroX site to ensure they are meeting all rules and requirements of the Challenge. Challenge Sponsor has the right to cancel the Challenge at any time, without warning or explanation, and to subsequently remove the Prize completely.
12. Payments: The prize competition winners will be paid prizes directly from NIST. Prior to payment, winners will be required to verify eligibility. The verification process with the agency includes providing the full legal name, tax identification number or social security number, routing number and banking account to which the prize money can be deposited directly.
13. Existing Laws: The Federal Government shall not, by virtue of conducting this prize competition, be responsible for compliance by Participants in the prize competition with Federal law, including licensing, export control, and nonproliferation laws, and related regulations.
Participation is subject to all U.S. federal, state and local laws and regulations. Participants are responsible for checking applicable laws and regulations in their jurisdiction(s) before participating in the prize competition to ensure that their participation is legal. Individuals entering on behalf of or representing a company, institution or other legal entity are responsible for confirming that their entry does not violate any policies of that company, institution or legal entity.
17. Popular Choice Award Voting: The $5,000 popular choice award will be awarded based on number of votes received during the voting period. A competitor is eligible to win both a judges' award and the popular choice award.
18. Privacy Advisory: The HeroX.com website is hosted by a private entity and is not a service of NIST. The solicitation and collection of your personal or individually identifiable information is subject to the host’s privacy and security policies and will not be shared with NIST unless you win the Challenge. Challenge winners’ personally identifiable information must be made available to NIST in order to collect an award.