Below are the rules on eligibility and submissions, as well as additional terms and conditions. Please read the Official Rules document for detailed rules on all aspects of this challenge.
7. SUBMISSION AND ELIGIBILITY REQUIREMENTS
7.1 SUBMISSION REQUIREMENTS
In order for submissions to be eligible for review, recognition and award, Participants must meet the following requirements:
- Deadline — The submission must be available for evaluation by the end date noted in the "Important Dates" section of these rules.
- No NIST logo — Submission(s) must not use NIST's logo or official seal and must not claim NIST endorsement.
- Each submission must address one of the ten contests that are part of the Tech to Protect Challenge.
- Each submission must be the original work of the Participant. The Participant must not knowingly infringe, misappropriate, or otherwise violate any intellectual property rights, privacy rights, or any other rights of any person or entity in the performance of the work.
- It is an express condition of submission and eligibility that each Participant warrants and represents that the Participant's submission is solely owned by the Participant, that the submission is wholly original with the Participant, and that no other party has any ownership rights or ownership interest in the submission. The Participant must disclose if they are subject to any obligation to assign intellectual property rights to parties other than the contest Participant, if the Participant is licensing or, through any other legal instrument, utilizing intellectual property of another party.
- Each Participant further represents and warrants to NIST that the submission, and any use thereof by NIST shall not: (i) be defamatory or libelous in any manner toward any person, (ii) constitute or result in any misappropriation or other violation of any person's publicity rights or right of privacy, or (iii) infringe, misappropriate, or otherwise violate any intellectual property rights, privacy rights, or any other rights of any person or entity.
- While a Participant may contract with a third party for technical assistance to create the submission, the documentation should clearly indicate which components of the solution are the result of the Participant’s ideas and creativity (the submission) and which components are from third parties (supporting technology). The Participant must also represent that they own all rights to the submission and all supporting technology.
- Each Submission must be in English and must contain a high-level summary of the submission for public disclosure.
- Submissions containing any matter which, in the sole discretion of NIST, is indecent, defamatory, in obvious bad taste, which demonstrates a lack of respect for public morals or conduct, which promotes discrimination in any form, which shows unlawful acts being performed, which is slanderous or libelous, or which adversely affects the reputation of NIST, will not be accepted, and will not be evaluated or considered for award. NIST shall have the right to remove any content from the Event Website in its sole discretion at any time and for any reason, including, but not limited to, any online comment or posting related to the Challenge.
- If NIST, in its sole discretion, finds any submission to be unacceptable, then such submission shall be deemed disqualified.
7.2 PARTICIPANT ELIGIBILITY
To be eligible for the cash prizes, each Participant or team of Participants must include an individual who is age 18 or older at the time of entry and is a U.S. citizen or permanent resident 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. Participants may not be a Federal entity or Federal employee acting within the scope of their employment. NIST Guest Researchers, as well as direct recipients of NIST funding awards through any Center of Excellence established by NIST, are eligible to enter, but are not eligible to receive cash awards. Non-NIST Federal employees acting in their personal capacities should consult with their respective agency ethics officials to determine whether their participation in this challenge is permissible. A Participant shall not be deemed ineligible because the Participant consulted with Federal employees or used Federal facilities in preparing its entry to the Challenge if the Federal employees and facilities are made available to all Participants on an equitable basis. Participants, including individuals and private entities, must not have been convicted of a felony criminal violation under any Federal law within the preceding 24 months and must not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Participants must not be suspended, debarred, or otherwise excluded from doing business with the Federal Government. Multiple individuals and/or legal entities may collaborate as a group to submit a single entry and a single individual from the group must be designated as an official representative for each entry. That designated individual will be responsible for meeting all entry and evaluation requirements. A Participant is eligible to submit a single submission to each contest in Regional Codeathon Burst 1, Burst 2, and the best and final for the Online Contest.
Contest submissions can be from an individual or a team(s). If a team of individuals, a corporation, or an organization is selected as a prize winner, NIST will award a single dollar amount to the winning team(s) and each team, whether consisting of a single individual or multiple Participants, is solely responsible for allocating any prize amount among its member Participants as they deem appropriate. NIST will not arbitrate, intervene, advise on, or resolve any matters between entrant members. It will be up to the winning team(s) to reallocate the prize money among its member Participants, if they deem it appropriate. NIST will not accept duplicate or substantially identical submissions from individual Participants, or teams of Participants. If a situation arises in which a Participant knowingly submits a duplicate or substantially identical submission without an explanation of the circumstances to NIST, NIST may reject that submission or both submissions as noncompliant in its sole discretion. If Participants are submitting as a team, they must provide a complete team roster as part of their submission. The team of Participants is eligible to submit a single submission to each contest in Regional Codeathon Burst 1, Burst 2, and the best and final for the Online Contest.
7.4 SUBMISSION RIGHTS
Any applicable intellectual property rights to a submission 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 submission. However, by submitting a contest submission, the Participant is granting the Department of Commerce, National Institute of Standards and Technology certain limited rights as set forth herein.
- The Participant grants to the Department of Commerce and to the National Institute of Standards and Technology, the right to review the submission, to publicly describe the submission in any materials created in connection with this competition, and to screen and evaluate the submission, and to have the Judges, the Challenge administrators, and the designees of any of them, review the submission. The Department of Commerce, National Institute of Standards and Technology will also have the right to publicize Participant’s name and, as applicable, the names ofParticipant’s team members and/or organization which participated in the submission following the conclusion of the competition.
- The Participant must provide written consent granting the Department of Commerce, National Institute of Standards and Technology, 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 the website(s) of the Department of Commerce, the National Institute of Standards and Technology and its competition contractor(s), including the competition website and other media worldwide.
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):
- is the Participant’s own original work, or is submitted by permission with full and proper credit given within the entry and that the Participant has acquired sufficient rights to use and authorize others, including the Department of Commerce, National Institute of Standards and Technology, to use the submission;
- contains an accurate public summary acceptable for immediate publication worldwide;
- does not disclose trade secrets (the Participant’s or anyone else’s);
- 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;
- does not contain malicious code, such as viruses, malware, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
- 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
- does not trigger any reporting or royalty or other obligation to any third party.
8. ADDITIONAL TERMS AND CONDITIONS
8.1 CONTEST SUBJECT TO APPLICABLE LAW
This prize challenge competition shall be performed in accordance with the America COMPETES Reauthorization Act of 2010, Pub. Law 111-358, title I, § 105(a), Jan. 4, 2011, codified at 15 U.S.C. § 3719 as amended.
All contests are subject to all applicable federal laws and regulations. Participation constitutes each Participant's full and unconditional agreement to these Official Rules and administrative decisions, which are final and binding in all matters related to the contest. Eligibility for a prize award is contingent upon fulfilling all requirements set forth herein. This notice is not an obligation of funds; the final award of prizes is contingent upon the availability of appropriations.
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. The Department of Commerce, National Institute of Standards and Technology 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. 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.
All cash prize awarded to Participants by the Department of Commerce, National Institute of Standards and Technology are subject to tax liabilities, and no withholding will be assessed by the Department of Commerce National Institute of Standards and Technology on behalf of the Participant claiming a cash prize.
8.2 RESOLUTION OF DISPUTES
The Department of Commerce, National Institute of Standards and Technology is solely responsible for administrative decisions, which are final and binding in all matters related to the contest.
In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Participant. The "authorized account holder" is the natural person or legal entity assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Participants and potential winners may be required to show proof of being the authorized account holder.
The winners of these prizes (collectively, "Winners") will be featured on the Department of Commerce, National Institute of Standards and Technology website, newsletters, social media, and other outreach materials.
Except where prohibited, participation in the contest constitutes each winner's consent to the Department of Commerce, National Institute of Standards and Technology's and its agents' use of each winner's name, likeness, photograph, voice, opinions, public summary, and/or hometown and state information for promotional purposes through any form of media, worldwide, without further permission, payment, or consideration. The public summary will include the project’s title, 200-word project summary, and names and titles of the project’s team members.
8.4 PRIVACY, DATA OWNERSHIP AND MANAGEMENT OF PARTICIPANT INFORMATION
Participants understand that the challenge website is hosted by a private entity and is not a service of NIST or the Federal Government. The solicitation and collection of personal or individually identifiable information is subject to the host’s privacy and security policies. Personally identifiable information collected on this website will be shared with NIST for prize payment purposes only, and only for winners of the challenge.
Participants acknowledge that they have read the challenge website’s data privacy, use, security, and retention policies and understand that all data, except that expressly marked for government use, is subject to these policies. Participants agree not to hold NIST or the U.S. Government liable for the protection, use, or retention of any information submitted through this website.
Participants SHALL AGREE TO ASSUME ANY AND ALL RISKS AND WAIVE CLAIMS AGAINS 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.
Insurance: Participants are not required to obtain liability insurance for this Competition.
Indemnification: Participants shall agree to indemnify the Federal Government against third party claims for damages arising from or related to Challenge activities.
8.6. 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 submission, no confidential or fiduciary relationship or obligation of secrecy is established between NIST or its affiliates and the Participant, the Participant’s team, or the company or institution the Participant represents when submitting, or any other person or entity associated with any part of the Participant’s submission.
VERIFICATION OF WINNERS
ALL CONTEST WINNERS WILL BE SUBJECT TO VERIFICATION OF IDENTITY, QUALIFICATIONS, AND ROLE IN THE CREATION OF THE SUBMISSION BY THE DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
Participants must comply with all terms and conditions of the Official Rules. Winning a prize is contingent upon fulfilling all requirements contained herein. The Participants will be notified by email, telephone, or mail after the date of winning results. Each Winner of monetary or non-monetary award will be required to sign and return to the Department of Commerce, National Institute of Standards and Technology, within ten (10) days of the date the notice is sent, an ACH Vendor/Miscellaneous Enrollment Form (OMB NO. 1510-0056) and a Participant Eligibility Verification form in order to claim the prize.
In the sole discretion of the Department of Commerce, National Institute of Standards and Technology, a potential winner will be deemed ineligible to win if: (i) the person/entity cannot be contacted; (ii) the person/entity fails to sign and return an ACH Vendor/Miscellaneous Enrollment Form (OMB NO. 1510-0056) and a Participant Eligibility Verification form within the required time period; (iii) the prize or prize notification is returned as undeliverable; or (iv) the submission or person/entity is disqualified for any other reason. In the event of a disqualification of a winner, the Department of Commerce, National Institute of Standards and Technology in their sole discretion may award the applicable prize to an alternate winner, when applicable.