Base11 Space Challenge
The Base 11 Space Challenge (the “Competition”) is a skill competition sponsored by National Rocketry League, LLC, a California limited liability company (“Sponsor”), where competing teams of college or university students design, build, test, and launch a liquid-propelled, single stage rocket to an altitude of 100 kilometers (The Karman Line). The Challenge will take place over approximately three-and-a-half years and progress through several phases. The winning Competition Teams’ Universities will receive the prize money associated with each Competition Prize, including the Grand Prize of $1 Million U.S. Dollars. Please read the entire rules for the complete Competition details.
By applying to or participating in the Competition, you agree to these Official Rules. Please read them carefully.
This document defines the rules and requirements for participation in the Competition. Additional guidance can be found in the other Competition documents, including the Guidelines, System Requirements, and Safety Documents, which can be found on the HeroX platform.
(a) Individual Entrants: To be eligible to enter the Competition, Entrants must:
(i) be enrolled as a full-time or part-time undergraduate or postgraduate student at an accredited college or university located in the United States or Canada (“Universities”) at the time of entry into the Competition. High school and/or community college students are eligible to participate in the Competition so long as they are affiliated with a Competition Team and have received sanction by that University to be a part of the Competition Team. However, high school and community college students are not permitted to constitute more than 15% of the team composition;
(ii) be at or above the age of majority in your country, state, province or jurisdiction of residence at the time of entry or have parental consent; and
(iii) comply fully with all terms and conditions of this Agreement.
(b) Exclusions: Entrants may not be the following:
(i) Directors, officers, employees, and contractors (“Personnel”) of Sponsor, any prize sponsors, their parents, subsidiaries, affiliates, and their respective advertising, promotion and public relations agencies, representatives, and agents (collectively, “Competition Entities”), immediate families members of such Personnel (parents, siblings, children, spouses, and life partners of each) and members of the households of such Personnel (whether related or not) are ineligible to participate in this Competition.
(ii) An individual, organization, or sponsor that is named in the Specially Designated Nationals list of the U.S. Department of Treasury, or located in a jurisdiction where participation in the Competition is prohibited or otherwise restricted by law due to OFAC restrictions (including residents or nationals of Cuba, Iran, Syria, North Korea or Sudan); or where otherwise prohibited by law.
Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time. This Competition is subject to all applicable federal, state, territorial, provincial and local laws. Competition is void where prohibited. By participating in the Competition, all Entrants unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of the Sponsor, which will be final and binding including the Sponsor’s right to verify eligibility, to interpret these Official Rules, and to resolve any disputes relating to this Competition at any time.
(c) Competition Team: Individual Entrants must enter as part of a “Competition Team” consisting of four or more students and one faculty advisor from a single University and have received sanction from that University to enter. The team structure is flexible, and has no maximum number (within reason). An Entrant is only permitted to be part of one Competition Team. Any Entrant that is part of more than one Competition Team may be disqualified and his/her corresponding Competition Teams may be disqualified as well at the sole discretion of Sponsor. Only one member of the Competition Team may submit an application on behalf of a Competition Team but all those listed on the application will be deemed Entrants. Each team must select a faculty advisor, who will act as the official representative for the Competition Team’s University (the “Faculty Advisor”). Each Entrant must be eligible to participate in this Competition and comply with these Official Rules or the Entrant will and the Competition Team associated with the Entrant in question may be disqualified. Teams may add or remove a team member at any time throughout the Competition, but must notify Sponsor or else be subject to disqualification. Each Competition Team has sole responsibility for adding and removing team members. Entrants and Competition Teams are solely responsible for all of their own costs related to participation in the Competition and preparation of Team Submissions. Neither Sponsor nor any of its agents (including judges) will officiate or be responsible for any disputes between or among Entrants and/or Competition Teams, including disputes regarding conduct, cooperation, contributions, intellectual property, ownership, or prize distributions or sharing.
(d) Competition Team Risk Management Requirements. To be eligible to compete, Competition Teams must maintain insurance, self-insurance, or other risk management means as required by applicable law and reasonably determined by Sponsor to be adequate to protect against potential claims, losses, or damages arising from Competition Team’s participation in the Competition. Sponsor’s Insurance Guidelines will be provided to Team prior to the team registration deadline. Competition Teams shall provide Sponsor with proof of insurance consistent with the Insurance Guideline upon request.
(e) University Sanction. All Competition Teams must be sanctioned by their respective University in order to participate. Competition Teams must submit proof of sanction by their University at the time of registration and must be able to show proof of sanction at any time throughout the Competition for each and every Competition Team member (whether enrolled at the university or not) who is listed as a Competition Team member. Universities are required to ensure that all releases or transfers of technical data by the University to foreign persons within the U.S. comply with International Traffic in Arms Regulation (ITAR), 22 C.F.R. §§ 120.1 to 130.17.
4. Combining Of Teams. During the Competition, Competition Teams will have the opportunity to interact with other Competition Teams and may choose to combine and/or pool resources as they move forward. In the event that two or more Competition Teams decide to merge, they are required to notify Sponsor in advance of such merger and designate one University’s Competition Team to be the remaining Competition Team; the other Competition Team(s) will be deemed disqualified from the Competition upon such notice, but the Entrants associated with those disqualified Teams may be added to the roster of the remaining Competition Team so long as all other requirements of these Rules are met. Sponsor shall not be involved in how any Prize is allocated among merging Competition Teams and will award the applicable Prize(s) only to the University of the remaining, non-disqualified, Competition Team. Neither Sponsor nor any of its agents (including judges) will officiate or be responsible for any disputes between or among Entrants and/or Competition Teams, including disputes regarding conduct, cooperation, contributions, intellectual property, ownership, or prize distributions or sharing in the event of Competition Teams merging.
5. Competition Timeline.
The Competition starts on June 6, 2018 and ends in approximately December 2021 (the “Competition Period”). The Competition Deliverables and Deadlines are noted in the table below. Teams may elect to submit deliverables in advance of the official deadline and progress through the competition at a faster rate. The dates are approximate and are subject to changes at the Sponsor’s discretion.
Available for early submission?
September 28, 2018
Phase 1 Preliminary Design Report
March 22, 2019
Phase 2 Critical Design Report
March 20, 2020
Phase 2 Static Test Fire Report (Optional)
May 22, 2020
Phase 3 Launch Readiness Report
June 18, 2021
Yes, at least 90 days in advance of selected launch window I, II, and III. On or prior to June 18, 2021 for launch window IV.
Yes, at the following dates:
* While teams may submit Phase 2 Static Test Fire Reports in advance of the official deadline, prizes for these awards will be conferred following the official deadline and judging process.
** Interim reports must be submitted according to the timeline outlined above as long as the Grand Prize is unclaimed.
Throughout the Competition, Competition Teams will be required to submit documents, materials, writings, and other submissions to the Sponsors, Judges, and Safety Advisory Council. Subject to Section 4, only Entrants may work on Competition Team’s Submission Material, including the Competition Team Rocket, although mentors may provide support to the Competition Team during the Competition Period, and the Faculty Advisor, and other students and faculty members at the Competition Team’s University, may provide support and advice to the Competition Teams. To be eligible for a prize, all required submissions must be timely submitted, must meet the requirements set forth in the specific submission documents, and must also comply with the following requirements:
By entering, each Entrant and Competition Team agrees that Sponsor and its licensees, successors and assignees have the right to use any and all Submissions, and the names, likenesses, voices and images of all persons appearing in the Submission, for future advertising, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity. However, all intellectual property rights, if any, in the idea, concept, or activities demonstrated by the Submission will remain with the Competition Team.
7. Description of Competition Phases.
Entrant Application Period
Between June 6, 2018 and September 28, 2018, every Entrant (student or faculty listed on the Team Roster) must visit the HeroX website (“Competition Site”) where they must accept the Official Rules via clicking ACCEPT CHALLENGE on the HeroX application portal (www.herox.com/spacechallenge). Entrants may accept the Official Rules at any time during the Participant Application Period.
In addition, the Faculty Advisor, in collaboration with the CEO, of each Competition Team that wishes to enter into the competition must visit the Competition Site where they may submit their Team Entry information and documentation via the HeroX application portal (“Entry Applications”). Entry Applications may be submitted at any time during the Participant Application Period. All Entry Applications must be complete when the Participant Application Period closes at 4:59 pm Pacific Time on September 28, 2018. Entry Applications are not complete until all the online prompts and instructions to upload the Entry Application have been properly followed and the Official Rules have been affirmatively accepted by all Entrants. Entry Applications may not be revised once submitted. Entry Applications will not be returned and become the property of the Sponsor. Determination of compliance with entry and other requirements and these Official Rules will be in the sole discretion of the Sponsor.
Application Review and Participant Notification Period.
Between June 6, 2018 and September 28, 2018, all eligible Entry Applications will be reviewed by the Sponsor. The Entry Applications will be evaluated based on their timeliness and completeness. The completeness of the Entry Applications will depend on providing all required documents and information described in the Entry Applications.
Competition Teams that have been approved by the Sponsor to participate in the Competition will be notified by email at the email address provided at time of Entry Application. Competition Teams may begin working on their subsequent submission upon acceptance into the Competition. All Competition Teams that have been selected by Sponsor to participate in the Competition will be notified by October 12, 2018.
Phase 1: Preliminary Design Period.
By the end of this phase, Competition Teams will have produced a complete high-level design of their vehicle, with sufficient detail for each major subsystem to demonstrate the soundness of the design, supported by calculation, analysis, simulation and/or initial test data. Designated safety officers for each Competition Team will be required to attend an in-person safety meeting. In addition, before the start of any prototyping or testing, all Competition Teams will be required to attend the virtual safety series. The safety officers from each Competition Team will be required to maintain a Safety Log that records all safety incidents including near-misses and documents remedial action(s) taken to prevent recurrence. A Safety Log template will be provided by the Sponsor. All Competition Teams will be required to provide in Interim Update with the Sponsor in January, 2019. , which will allow each Competition Team’s Safety Officer to review efforts to implement the safety protocols outlined in the Safety Requirements and Guidelines.
There will be a demonstration of a static engine test firing in May 2019 (the “Static Engine Firing”). This demonstration will be an excellent opportunity for Competition Teams to meet one another and to meet Challenge sponsors and Sponsor personnel. In addition to observing a static test firing, there will be an opportunity to develop relationships with sponsors, Judges, and other professionals in the field. The test firing will be accompanied by a mandatory live safety session/demonstration. The four key members of each Competition Team (CEO, Chief Engineer, Chief Safety Officer, and Business Development Director) will be required to attend, and it is strongly recommended that members of the propulsion design group also attend.
Best Preliminary Design Competition
The Phase I Best Preliminary Design Competition awards prizes based on the Phase 1 Preliminary Design Reports. Competition Teams will be required to submit Phase 1 Preliminary Design Reports by the Phase I Submission Deadline. Preliminary Design Reports will be evaluated and judged according to the Phase 1 Judging Criteria. Winners will be selected based on the Preliminary Design Report scores and the discretion of the Judges. The winners of the Preliminary Design Report challenge will be announced during the Phase 1 Static Test Firing Demonstration scheduled for May 2019.
Phase 2: Critical Design Period
During this phase, the iterative process of prototyping designs, testing them, incorporating test results into the next design version, prototyping the new version, etc. occurs. Due to the aggressive timeframe for Phase 2, operational and design safety must be emphasized. Phase 2 Submission Documents will be available to Competition Teams at a later date.
All Competition Teams will be required to submit Interim Update Report reports by November 2019. Competition Teams will be required to submit Phase 2 Critical Design Reports by March 20, 2020. Judges will review the submitted content and provide written and/or in-person feedback at the May 2020 Base 11 Aerospace Symposium. Competition Teams may submit Phase 2 Submissions in advance of the March 2020 deadline and will receive written feedback within approximately 6 weeks of submission. A teleconference with the Judges to review feedback will be held within approximately 2 weeks from return of Judges’ feedback.
Best Static Test Firing Competition
The Phase II Best Static Test Firing Competition awards prizes based on the Static Test Firing Report and Static Test Firing Performance. Competition Teams who opt to participate in the Static Test Firing Competition will be required to submit Static Test Firing Reports by May 22, 2020. Static Test Firing Reports will be evaluated and judged according to the Static Test Firing Criteria. The winners of the Best Static Test Firing Competition will be determined based on the Static Test Firing Report scores, the Static Test Firing Performance, and the discretion of the Judges, and they will be announced in August 2020.
Phase 3: Launch Readiness Period.
During this phase, Competition Teams are collecting data, and building and refining their rockets in preparation for receiving launch approval and scheduling a launch attempt. Competition Teams will be required to post update videos to document progress.
There are four separate Launch Windows during which Competition Teams may attempt to launch their rocket to win the Grand Prize. The Launch Windows are tentatively scheduled as follows:
First Launch Window
Second Launch Window
Third Launch Window
Fourth Launch Window
In order to attempt a launch, Competition Teams must have successfully submitted both Phase 1 and 2 Reports, and must submit their Phase 3 Launch Readiness Report, including all related design files and safety logs.
To attempt a launch at one of the first three launch windows (May 2020, December 2020, May 2021), Competition Teams must submit their Phase 3 documents at least 90 days in advance of the launch window. Judges will provide written feedback within approximately 4-6 weeks and will provide review and discussion of any necessary next steps by teleconference with the Competition Team within 2 weeks of providing the written feedback. The Judges will inform the Competition Team whether or not they have received launch approval at the end of the teleconference, or shortly thereafter.
In order to attempt a launch at the final launch window (December 2021), Competition Teams must submit their Phase 3 documents by June 18, 2021. Judges will provide written feedback by August 13, 2021 and will provide review and discussion of any necessary next steps by teleconference with the Competition Team in early September 2021. The Judges will inform the Competition Team whether or not they have received launch approval soon after the teleconference, and no later than early October 2021.
Additionally, as Competition Teams prepare their launch readiness reports, they will prepare and submit to the FAA their applications for a Class 3 waiver. It is anticipated that much of the information necessary for the launch readiness reports will be reused in the waiver applications. Competition Teams should budget at least 60 days for the FAA to grant the waivers. The deadline to apply for FAA Class 3 waivers is October 11, 2021.
Competition Teams that are unsuccessful in an initial launch attempt are permitted to try again, time and resources permitting, as long as successive attempts occur before the December 30, 2021 deadline. Competition Teams must request and receive launch approval from the Judges before each attempt.
Determining A Successful Launch and Grand Prize Winner
Competition Teams that have received launch approval prior to a Launch Window are deemed to have attempted their launch at the same time regardless of the actual order in which they launch during the particular launch window. For example, if three Competition Teams are approved for launch during the First Launch Window, then all three Competition Teams are deemed to have launched at the same time. If only one Competition Team’s rocket reaches the Karman Line during the Launch Window, then that Competition Team wins the Grand Prize. If two or more Competition Teams’ rockets reach the Karman Line during the same Launch Window, the Grand Prize winner will be determined based on the Grand Prize Secondary Criteria. The determination of whether a Competition Team’s rocket reaches the 100 km altitude mark will be based on third party verification of altitude by instrument readings and may not be instantaneous. For the avoidance of doubt, if no Competition Team succeeds in launching a rocket to the Karman Line, there will be no $1,000,000 U.S. Dollar Grand Prize awarded to the University for the Competition Team.
(a) Winners of the specific contests will be determined by their scores in each competition and prizes will be awarded accordingly. For competitions based on judge’s discretion, judges will judge all submissions against the criteria set forth for the specific challenge and determine, in their sole discretion, which submission best addresses the challenge criteria. If and only if the Competition Teams wins the applicable Prize, the Sponsor will provide the prize amount in the form of a restricted grant to the University of the Competition Team, subject to the University signing and returning any document required by Sponsor. For the sake of clarity, these Prizes will be awarded to the Universities and not to Competition Teams or Entrants, and will be subject to the University signing and returning any documents required by Sponsor. Each University will be responsible for allocating and managing the funds, and Sponsor is not responsible for ensuring all or any portion of restricted grants are distributed to Entrants, though it encourages the Universities to do so.
(b) All Prizes except for the Grand Prize of $1 Million U.S. Dollars will be awarded during the Competition and are intended to be used to offset or defray some of the expenses associated with participation in the Competition. It is intended that the University of the Competition Team winning the $1 Million Grand Prize use 50% of funds to support STEM education with an emphasis on diversity and inclusion and the other 50% to directly support the University’s rocketry team (through scholarships, lab equipment, materials, or even stipends to team members who contributed to the development of the successful rocket). The Prize amounts for each competition are as follows:
Best Preliminary Design
Based on Preliminary Design Reports.
$25k – 1st
$15k – 2nd
$10k – 3rd
Best Static Test Firing
Based on Static Test Firing Report and Static Test Firing Performance
$25k – 1st
$15k – 2nd
$10k – 3rd
Pop-Up Innovation Awards
First Competition Team to launch a liquid-propelled, single-stage rocket to an altitude of 100 km.
9. Prize Conditions
Prizes are non-transferable except as directed by Sponsor. No prize substitutions allowed. Except where prohibited by law, all federal, state, provincial or other tax liabilities are the responsibility of the prize winning Universities, the Sponsor will not be responsible for any tax deductions which may be necessary and Sponsor reserves the right to withhold taxes as required by law. Prize winning universities will be responsible for paying all costs and expenses related to the prize that are not specifically mentioned, including, but not limited to, taxes, withholdings, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize. All prizes awarded will be subject to any taxes Sponsor is required by law to withhold as well as applicable sales, use, gross receipts, goods and service, or similar transaction based taxes. Prize winning Universities are responsible for ensuring that the tax documentation submitted to Sponsor complies with all applicable tax laws and requirements. If a University fails to provide the documentation or submits incomplete documentation, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternate winning University. Sponsor has absolute and sole discretion to determine whether to accept any Submission, and whether to make a Prize, multiple Prizes or any Prize.
IF TAXES ARE APPLICABLE TO THE PRIZE(S), IT IS THE RESPONSIBILITY OF THE WINNER TO PAY TO THE APPROPRIATE AUTHORITIES. PAYMENTS TO WINNING UNIVERSITY(IES) ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THE WINNER SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS.
10. Judging Panel
The Judging Panel shall have sole and absolute discretion: (i) to allocate duties among the Judges; (ii) to determine the degree of accuracy and error rate that is acceptable to the Judging Panel for all competition calculations, measurements, and results, where not specified in the Rules and Regulations; (iii) to determine the methodology used by the Judging Panel to render its decisions; and (iv) to declare the winners of a competition. Decisions of the Judging Panel shall be binding on teams and each team member. Teams agree not to dispute any decision or ruling of the Judging Panel, including decisions regarding the degree of accuracy or error rate of any competition calculations, measurements, and results.
11. Official Language and Currency
The official language for this Challenge is English. All references to currency are expressed in United States Dollars (USD).
12. Media Rights. Entrant grants Sponsor, Corporate Sponsors, Administrative Partners, and all of their respective affiliates, employees, officers, directors, or agents, a perpetual, royalty-free, fully paid-up, sublicensable, worldwide, irrevocable right and license, exercisable in the sole and absolute discretion of Sponsor to capture footage and otherwise record preparations for, participation in and the proceedings of the Competition, including but not limited to Entrant’s name, voice, image, statements or any indicia of their, his or her identity (“Likeness”) in any and all Competition Media. For the purposes of this Agreement, “Competition Media” shall be defined as all pre-existing or developed media emanating from documenting, filming , recording, or otherwise fixing any aspect of the Competition in a tangible means of expression by any means or in any manner or medium now existing , including without limitation, audio, video, digital, and photographic material, or developed in the future, including without limitation, Entrant preparation to enter or register for the Competition, the story of Entrant’s participation, other Competition participants, and events related to the Competition whether such Competition Media is owned, controlled, or created by, or on behalf of Entrant, any Competition Team member, or Sponsor. Sponsor and Corporate Sponsors shall have the right to exploit all Competition Media in any manner and in any medium, including licensing the media to third parties. Sponsor will retain all rights and title in and to any Competition Media.
All Universities are responsible for the safety of their students. All Competition Teams will be required to comply with the Safety Requirements and Guidelines. The Sponsor is taking a leadership position on rocketry program safety by establishing a Safety Advisory Council. Additionally, every Competition Team is required to have a Safety Officer. Among the safety officer’s responsibilities is the maintenance of a Safety Log throughout the challenge. It is in the Judges’ and Sponsor’s sole discretion to disqualify any Entrant or Competition Team from the Competition for failure to comply with these safety requirements, safety violations, or any other safety related reasons. Permission to launch a rocket is subject to the authorization of the Sponsor, the Judges, the FAA, and the launch facility.
14. Communication and Notifications.
The winning Competition Teams will be notified on the HeroX website on within one month from the determination of the Competition Winners, or as soon as practicable after the Competition ends. Sponsor will communicate all official information and updates face-to-face, via the HeroX Platform, the 3DExperience Platform, and/or directly via email to each Contestant Team.
16. Waiver & Release. Entrant hereby:
(a) ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AND AGREES TO BE BOUND BY THE DECISIONS OF THE SPONSOR;
(b) ACKNOWLEDGES THAT PARTICIPATION IN THIS COMPETITION MAY BE DANGEROUS AND COULD LEAD TO BODILY INJURY OR DEATH;
(c) ACKNOWLEDGED THAT NONE OF SPONSOR, THE CORPORATE SPONSORS, ADMINISTRATIVE PARTNERS, JUDGES, AND ALL OF THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS WILL BE RESPONSIBLE OR LIABLE FOR ANY LOSSES, LIABILITIES, DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE) AND CLAIMS OR ANY RELATED COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND DISBURSEMENTS OF COSTS OF INVESTIGATION, LITIGATION, SETTLEMENT, JUDGMENT, INTEREST, AND PENALTIES (“LOSSES”) THAT MAY OCCUR DUE TO PARTICIPATION IN THIS COMPETITION;
(d) RELEASES AND FOREVER DISCHARGES SPONSOR, THE CORPORATE SPONSORS, ADMINISTRATIVE PARTNERS, JUDGES, AND ALL OF THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS FROM ANY AND ALL LOSSES ARISING FROM PARTICIPATION IN THE COMPETITION;
(e) WAIVES ANY AND ALL RIGHTS OR CLAIMS FOR LOSSES AGAINST SPONSOR, CORPORATE SPONSORS, ADMINISTRATIVE PARTNERS, JUDGES, AND ALL OF THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS FOR ANY AND ALL LOSSES SUFFERED RESULTING FROM INNOVATOR’S PARTICIPATION IN THE COMPETITION AND COMPETITION-RELATED EVENTS;
(f) COVENANTS NOT TO SUE SPONSOR, CORPORATE SPONSORS, ADMINISTRATIVE PARTNERS, JUDGES, AND ALL OF THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS FOR ANY LOSSES THEREFOR ON ACCOUNT OF INJURY, DAMAGE TO PERSONAL PROPERTY, OR DEATH ARISING FROM INNOVATOR’S PARTICIPATION IN THE COMPETITION OR ANY OTHER LOSSES WHATSOEVER.
Entrant acknowledges and agrees to indemnify, defend, release from liability, and hold harmless Sponsor, Corporate Sponsors, Administrative Partners, Judges, and all of their respective affiliates, employees, officers, directors and agents from and against any and all Losses arising from, relating to, or connected with participation in the Competition or any part of the Submission, or any activities incidental thereto including, without limitation: (i) any third-party claims, including, without limitation, any claims for personal bodily injury and/or personal property damage; (ii) claims based on any alleged breach of this Agreement by any person who is part of a Submission or a Competition; (iii) failure of Entrant to procure an effective waiver; (iv) any claims that the Submission infringes upon or violates the intellectual property rights of any third party, infringes upon or violates any person’s or entity’s right of privacy, or otherwise is in breach of any section of this Agreement; or (v) actual or alleged agreements or arrangements with other Entrants, Competition Teams, Universities, or participants. Entrant acknowledges and agrees that the obligation to indemnify and hold harmless as set forth in this Section will survive the expiration, lapse, or termination of this Agreement.
18. Limitation of Liability and Exclusion of Damages.
NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF CIRCUMSTANCES CAUSE AVAILABLE REMEDIES TO FAIL.
(a) THE TOTAL AGGREGATE LIABILITY OF SPONSOR FOR ANY CLAIMS, CAUSES OF ACTION, DISPUTES OR DEMANDS ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SUCH LIABILITY RESULTING FROM SPONSOR’S BREACH OF ANY TERM OF THIS AGREEMENT AND/OR SPONSOR’S NEGLIGENCE OR OTHER TORTIOUS CONDUCT AND/OR ANY DECISION BY SPONSOR TO DISQUALIFY INNOVATOR AND/OR TERMINATION OF THIS AGREEMENT BY SPONSOR, SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT ENTRANT PAID TO SPONSOR UNDER THIS AGREEMENT; OR (B) ENTRANT’S DIRECT DAMAGES NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00).
(b) To the extent permitted under applicable law, none of Sponsor’s, any Corporate Sponsor, Administrative Partners, Judges, and all of their respective affiliates, employees, officers, directors and agents shall be liable for: (1) any incorrect or inaccurate information, whether caused by Competition Team, printing, typographical or other errors, or by any of the equipment or programming associated with or utilized in the Competition; (2) technical failures of any kind; (3) unauthorized human intervention in any aspect of the Competition; (4) any other claims of damages arising from participation in this Competition or acceptance or use of Prizes; and (5) any claims by a Competition Team that its submission is similar to or competitive with technologies or products received by Sponsor from third parties, including other Competition Teams.
19. No Special Relationship.
Each Entrant and University hereby acknowledges and agrees that the relationship between themselves and the Competition Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the entry to Sponsor for purposes of the Competition does not place the Competition Entities in a position that is any different from the position held by members of the general public with regard to elements of the entry, other than as set forth in these Official Rules.
20. Competition Entities Not Responsible
Entrants further agree that Sponsor, Corporate Sponsors, Administrative Partners, Judges, and all of their respective affiliates, employees, officers, directors and agents are not responsible for the following: (a) electronic transmissions, Submissions or entries or notifications that are lost, late, stolen, incomplete, damaged, garbled, destroyed, misdirected or not received by Sponsor or their agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures and/or human error that may occur in the transmission, shipping errors or delays, receipt or processing of entries or related materials; or for destruction of or unauthorized access to, or alteration of, entries or related material; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to Entrants’ or any person’s computer and/or its contents related to or resulting from participation in this Competition; (d) causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this Competition; (e) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries subject to disqualification in the sole discretion of Sponsor); or (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Competition or the tabulation of votes or scores.
21. Sponsor’s Right to Cancel or Modify
Sponsor reserves the right, in its sole discretion, to cancel, suspend, or modify this Competition, these Official Rules, the Guidelines, competition criteria, or any other document, for any reason, including safety, environmental or technical reasons, or in the event Sponsor does not receive a minimum of two qualified entries from separate eligible Competition Teams. In such cases, notice to this effect will be posted on the Competition Site and prizes may or may not be awarded, in whole or in part, with any such prizes, if any, to be awarded in the sole discretion of Sponsor. Competition Teams are responsible for regularly reviewing the Challenge site to ensure they are meeting all rules and requirements of the Challenge. If, in Sponsor’s opinion, there is any suspected or actual evidence of tampering with any portion of the Competition or if technical, physical, environmental, or financial difficulties compromise the integrity of the Competition, the Sponsor reserves the right to terminate the Competition and/or award prizes in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant, as well as his/her Competition Team, found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Competition or violating these Official Rules.
22. Dispute Resolution.
Any public dispute regarding any claim or controversy arising out of or related to this Agreement or the making, performance, breach, or interpretation of this Agreement, including, without limitation, any challenge to any decision by the Judges, would detract from the goal of promoting STEM education and would reflect poorly on the Entrants, Competition Teams, Sponsor and its affiliates, corporate sponsors, and administrative partners. Further, any public dispute regarding any claim or controversy arising out of or related to this Agreement or the making, performance, breach, or interpretation of this Agreement, including, without limitation, any challenge to any decision by the Judges, will result in irreparable harm to Sponsor and its affiliates, corporate sponsors, and administrative partners. Accordingly, Entrant, University, and Sponsor agree that (i) any claim, controversy and/or dispute arising out of or related to this Agreement (“Dispute”); (ii) any issues pertaining to a Dispute; and/or (iii) any claim that this Agreement or any part hereof is invalid, illegal, or otherwise voidable or void, shall be submitted to and finally determined by mandatory and binding arbitration. Arbitration will be in accordance with the rules of the American Arbitration Association (“AAA”), which shall administer the arbitration, with the place of arbitration in Orange County, California, United States of America. Entrant, University, and Sponsor agree that the mandatory and exclusive dispute resolution procedures in this Agreement are in the best interests of both Parties.
23. Choice of Law and Forum Selection.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant, University and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
24. General Provisions.
(a) Voluntary Agreement. THE PARTIES BY VOLUNTARILY ENTERING INTO THIS AGREEMENT HEREBY AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF INNOVATOR DOES NOT AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT, THEN INNOVATOR SHOULD NOT ENTER THE COMPETITION. BY SIGNING THIS AGREEMENT, INNOVATOR REPRESENTS AND WARRANTS THAT IT UNDERSTANDS AND AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
(b) Review by Counsel. This Agreement contains important limitations on Entrant’s rights that are necessary in light of Sponsor’s mission to the furtherance of STEM education. In light of these limitations, Entrant is encouraged to consult with legal counsel and ask any questions regarding its decision to enter into this Agreement and agree to these limitations. By entering into this Agreement, Entrant represents and warrants that it has had such opportunity to consult with legal counsel and ask questions regarding this Agreement.
(c) No Third Party Beneficiaries. Except as expressly provided herein, Parties agree and acknowledge that there are, and shall be, no third party beneficiaries to this Agreement.
(d) No Waiver. No failure of either Party to insist upon strict compliance with any covenant, obligation, condition, warranty or agreement contained herein will operate as a waiver of, or estoppel with respect to, any such covenant, obligation, condition, or agreement. Waiver by any Party of any breach of any provision of this Agreement will not be considered as, nor constitute, a continuing waiver or waiver of any other breach of any provision of this Agreement.
(e) Headings. Headings in this Agreement are included for convenience of reference only and will not constitute a part of this Agreement for any other purpose.
(f) Survival. Notwithstanding any termination of this Agreement for any reason, the following provisions shall survive for all purposes: Sections, 12, 16, 17, 18, 19, 22, 23, 24, and any other provision which, expressly by its terms, survives termination of this Agreement.
(g) Severability. If any provision of this Agreement conflicts with the law under which this Agreement is construed or that is otherwise applicable to Entrant, or if any such provision is held invalid by a competent authority, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. If the competent authority holds the provision illegal, invalid, or unenforceable even after restatement, the provision will be limited or eliminated to the minimum extent necessary. The remainder of this Agreement will remain in full force and effect.
Sponsor: The Competition is being administered by the National Rocketry League, LLC and sponsored and funded by the National Rocketry League, LLC and individual and corporate sponsors. Certain provisions of this Agreement are included for the benefit of the sponsors, and Entrant acknowledges that sponsors are third-party beneficiaries of this Agreement.