PLEASE READ THIS CAREFULLY! You ("Solver”) and IARPA ("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, Solver must accept these terms, and therefore should take the time to understand them.
If Solver clicks "Accept" and proceeds to register for this Challenge, this CSA will be a valid and binding agreement between Solver and Challenge Sponsor and is in addition to the existing HeroX Terms of Use for all purposes relating to this Challenge. Solver should print and keep a copy of this CSA. No provisions that Solver may have agreed to that are specific to any other individual challenge will apply.
1. Submissions. By participating in this Challenge, Solver may submit to Challenge Sponsor submission materials ("Submission”), as outlined in the Challenge Rules specific to this challenge on HeroX.com, for the Challenge to which this CSA relates. By submitting a Submission, Solver thereby agrees to provide reasonable assistance and additional information concerning the Submission to Challenge Sponsor, if requested.
2. Acceptance of Submission and License to Use. Challenge Sponsor will notify Solver if Submission has been selected for a prize ("Prize”), as outlined in the Challenge Rules, according to the schedule set forth in the Challenge Rules. Challenge Sponsor will judge all Submissions against the criteria set forth in the Challenge Rules and determine, in its sole discretion, which Submission best addresses the Challenge Rules. Challenge Sponsor has absolute and sole discretion to determine whether to accept the Solver Submission, or any Submission, and whether to make a Prize, multiple Prizes or any Prize. The meeting of the Challenge Rules does not automatically mean that the Submission will be eligible for a Prize. Submissions also must NOT contain or include ideas, concepts, solutions or technology in respect of which a third party owns or controls the intellectual property. Submissions and descriptions thereof may not include trademarks or trade names of corporations or entities without the permission of their owners. By entering, Solver represents and warrants that:
a. Solver’s entire Submission is an original work by Solver and Solver has not included third-party content (such as writing, text, computer code, algorithms, data sets, 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 the Submission, unless (i) otherwise requested by the Challenge Sponsor and/or planned to be disclosed by Solver in the Submission description document, and that (ii) Solver has either obtained the rights to use such third-party content or the content of the Submission is considered in the public domain without any limitations on use;
b. no person or entity other than Solver has any right, title or interest in any part of the Submission;
c. unless otherwise disclosed in the Submission, the use thereof by Challenge Sponsor, or the exercise by Challenge Sponsor of any of the rights granted by Solver under this Agreement, 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;
d. Solver has all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that Solver has granted to Challenge Sponsor hereunder, including the right for Challenge Sponsor to use and develop derivative works of and from the Submission;
e. all persons who were engaged by Solver to work on the Submission or who appear in the Submission in any manner have:
i. given Solver their express written consent to submit the Submission for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity;
ii. provided written permission to include their name, image or pictures in or with the Submission (or if a minor who is not Solver’s child, Solver must have the permission of their parent or legal guardian) and Solver may be asked by Challenge Sponsor to provide permission in writing;
iii. no claims for payment of any kind, including, without limitation, for royalties or residuals;
iv. no approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of the Submission; and
v. 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 Submission;
vi. Solver understands, recognizes and accepts that Challenge Sponsor has access to, may create or has created materials and ideas which may be similar or identical to the Submission in concept, theme, idea, format or other respects. Solver acknowledges and agrees that Challenge Sponsor shall have the right to use such same or similar materials, and that Solver will not be entitled to any compensation arising from Challenge Sponsor's use of such materials. In the event that Solver’s entry is identical or similar to the Submission of another Competitor, Challenge Sponsor reserves the right, at the sole discretion of Challenge Sponsor, to either score one Submission higher than the other subject to the Challenge Rules or to randomly choose a Submission from all of those submitted which respond to the Challenge Rules.
3. A. By entering, Solver agrees that: (i) all submitted copies of Forecasts & Solution Descriptions (electronic or otherwise) become Challenge Sponsor’s property and will not be returned; (ii) subject to 3B below, Challenge Sponsor has the right to use, modify, reproduce, release, perform, display, or disclose all submitted forecasts and non-proprietary Solution Description data within the U.S. Government without restriction; and to release and to disclose all submitted non-proprietary information and forecast data outside the U.S. Government and authorized persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that data for U.S. Government Purposes; (iii) subject to 3B below, Challenge Sponsor and its licensees, successors and assignees have the right to use any and all Forecasts & non-proprietary portions of Solution Descriptions, and the names, likenesses, voices and images of all persons appearing in the Forecasts & Solution Descriptions, for future advertising, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity without any right by you to inspect, approve, or disapprove the foregoing.
B. Solvers are discouraged from including any proprietary information in their Solution Descriptions, and Challenge Sponsor reserves the right to reject a submission or request revisions where inclusion of proprietary information unreasonably interferes with full execution of the Challenge. By entering, Solver agrees (i) to limit the inclusion of proprietary information in its Forecast & Solution Descriptions to only that which is reasonable and absolutely necessary; (ii) to mark all such proprietary information clearly and specifically, (iii) to engage in good faith discussions with Challenge Sponsor should it determine that inclusion of proprietary information interferes with full execution of the Challenge; and (iv) that Challenge Sponsor has the right to use, modify, reproduce, release, perform, display, or disclose all submitted proprietary information and data for purposes of judging, administering, and overseeing the Challenge and to disclose all such information and data for the same purposes. Challenge Sponsor will make every effort to hold information marked as proprietary in confidence to the extent consistent with the rights stated in 3B(iv).
All intellectual property ownership, if any, in the idea, concept, or activities demonstrated by the Submission will remain with the Solver. The Solver retains ownership of the Submission.
Beyond automated notifications from the API, Forecast submission may not be acknowledged. The act of submitting a Submission does not create a confidential relationship or obligation of secrecy between Solver and any of the entities involved in this Challenge, however, the Government will not share Solver-submitted forecasts with other Solvers during the challenge.
4. Other Contracts, Confidentiality, and Indemnification. Solver agrees that Solver will not disclose to Challenge Sponsor any information which Solver is under an existing contractual or other legal obligation to maintain in confidence or otherwise does not have the right to sell or license. Solver agrees to defend, indemnify and hold harmless Challenge Sponsor, and their respective officers, directors, employees, agents, licensors, and suppliers (including, but not limited to Booz Allen Hamilton Inc., Cultivate Labs, HeroX, and MITRE and collectively the “Released Parties”), from and against all claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, arising from participation in the challenge, to include, but not limited to activities in connection with (a) unauthorized and prohibited disclosure of confidential information, (b) registration for and participation in the Challenge in violation of the rules, (c) receipt or use of the prizes to be awarded in connection with the Challenge (d) any injury or harm resulting from any travel to the Challenge, (e)technical errors that may impair your ability to participate in the Challenge; (f) entries infringing any copyright, trademark, or any other intellectual property right; (g) disputes between team members; (h) claims relating to damage to persons or property relating in any way to your participation in the Challenge. The Challenge Sponsor and Released Parties shall not have any liability for any incorrect or inaccurate registration information; technical malfunctions, failures, interruptions, or defects of any telephone network, computer online systems, computer equipment, service or server providers, or software, including any injury or damage to a registrant’s, participant’s, or any other person's computer or any data contained on or accessed via such computer relating to or resulting from registration for or participation in the Challenge; inability to access the Internet; unauthorized access to, or alteration of registration information; or registrations that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction, traffic congestion on the Internet or at any website, or otherwise. All registrations, including all information provided in connection with a registration, become the property of IARPA and will not be returned.
5. Changes and Cancellation. Challenge Sponsor has the right to make updates and/or make any changes to, or to modify the scope of the Challenge Rules, Challenge Schedule, and Winning Criteria at any time during the Challenge. Solvers are responsible for regularly reviewing the Challenge 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.
6. General Conditions. Challenge Sponsor has the right to verify each Solver's eligibility and compliance with this CSA. Challenge Sponsor has the right to enforce the terms and conditions hereof directly against Solver. Participation is conditioned on providing the data required in the online registration form. Solvers should direct any request to access, update, or correct information to Challenge Sponsor. Challenge Sponsor is not responsible for human error, theft, destruction, or damage to Submissions, or other factors beyond its reasonable control.
a. Solvers should not register with multiple e-mail and/or street addresses. In the event of a dispute as to any Submission, the authorized account holder of the email address used to enter will be deemed to be the person who submitted the Submission. The authorized "account holder" is the natural person 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;
b. Solver is responsible for any related costs to complete activities related to solving the challenge;
c. Solver is responsible for obeying any local, national, and international laws in undertaking any activities related to solving the challenge;
d. Solver is responsible for obtaining any insurance related to activities performed to solve the challenge;
e. Solver is responsible for truthful representation of all activities undertaken to solve the challenge; Challenge Sponsor reserves the right, at any time, to verify such activities;
f. Solver is responsible for maintaining accurate records and truthfulness of metrics, or impact related to activities undertaken to solve the challenge; Challenge Sponsor is not responsible for calculating results, but reserves the right, at any time, to verify such information;
g. Solver is responsible for completing registration and submitting Submissions by the dates outlined in the Challenge Rules; Challenge Sponsor is not required to accept late registrations or late Submissions;
h. Challenge Sponsor is not liable for any activities undertaken to solve the challenge;
i. Challenge Sponsor has the right to disqualify an individual from the challenge at any time.
7. Representations and Warranties. Solver represents and warrants that:
a. All information provided by Solver regarding Solver and, if applicable, its business ("Competitor Information") is true, accurate, current, and complete information and Solver will maintain and update the Competitor Information to keep it true, accurate, current and complete.
b. If Solver is an individual representing a business or other entity, Solver is authorized to enter into this Agreement on behalf of that business or entity.
c. Unless otherwise disclosed in the Submission, Solver is the owner of the Submission and the Submission does not infringe or violate any patent, copyright, trade secret, trademark or other third-party intellectual property right.
8. Prizes. Prize winners will be announced at the end of the Challenge. Challenge Sponsor or a designee will attempt to contact all selected winners by the email address provided by each participant/team. No more than three (3) attempts shall be made to contact a winning participant. Challenge Sponsor is not responsible for any change of email address of participants. Notification is deemed to have occurred immediately upon sending of an e-mail or any other form of communication to contact a winning participant (including emails sent to all participants and not just the winning participant that announces the Challenge winners). Challenge Sponsor is not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a winner. If a winning participant does not claim a prize within thirty (30) days from the third contact attempt, the participant understands and agrees that the prize will be forfeited and no alternative prize will be substituted. All costs, taxes and reporting, fees, and expenses associated with the prizes or the acceptance and use of the prizes not specifically addressed above are the sole responsibility of the winners. IARPA reserves the right to substitute any prize, or portions thereof, with a prize of comparable or greater value. If a winning participant is a U.S. citizen, the participant must also sign and return an IRS W-9 form, or if a foreign resident, an IRS W-8BEN form in order to claim the prize.
9. Law: You agree that these terms and the relationship between you and Challenge Sponsor shall be governed by Federal Law.
10. Section Headings: The headings of the sections are inserted for reference only and are not intended to be part of nor affect the meaning or interpretation of these Rules.
11. Copy of Rules: These official rules are also available by emailing The Geopolitical Forecasting Challenge Team at gfchallenge@iarpa.gov.
12. Conflict. In the case of any conflict between the terms of this CSA and the Terms of Use, this CSA controls.
