[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Notices]
[Pages 4875-4881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01743]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number: 150123071-5071-01]


Announcement of Requirements and Registration for Head Health 
Advanced Materials Prize Competition--Head Health Challenge III

AGENCY: National Institute of Standards and Technology (NIST), 
Commerce.

ACTION: Notice.

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SUMMARY: The National Institute of Standards and Technology (NIST), a 
non-regulatory agency of the United States Department of Commerce, in a 
cooperative partnership with the National Football League (NFL), the 
General Electric Company (GE) and Under Armour, Inc. (UA), is 
conducting a prize competition funding initiative to support the 
discovery, design and deployment of materials that improve the 
protection of athletes, members of the military, and society overall.
    The Head Health Advanced Materials Prize Competition (Head Health 
Challenge III, Challenge III, or Competition) is being conducted to 
broadly advance the science of materials for impact protection, as well 
as measurements and standards for assessing the performance of such 
materials. These advances are essential for the health of athletes of 
every age, and they will have a broad positive impact on the range of 
activities and occupations in our society that require protective gear. 
It is hoped that Head Health Challenge III will stimulate engagement 
with diverse science and technology communities across industry, 
academia and government (e.g. automotive, aerospace, light-weighting,

[[Page 4876]]

and physical security) that can realize innovative approaches to this 
problem.
    Efforts to speed diagnosis and improve prevention, protection and 
treatment for mild traumatic brain injury hold promise for improved 
safety of athletes, members of the military and the American public. 
The NFL, GE and UA share a commitment to the importance of research and 
technology development to better understand, diagnose, prevent and 
protect against brain injury, as reflected in collaborations, including 
the Head Health Initiative. In this context, the development of energy-
absorbing materials is highly aligned with the broader efforts of NIST 
under the President's Materials Genome Initiative, aimed at 
accelerating innovation in advanced materials to address critical 
national needs, and in keeping with NIST's mission.
    Previous Head Health Challenge collaborations by the NFL, GE and UA 
have addressed the detection and management of mild traumatic brain 
injuries, focused on discovering imaging and algorithms to better 
detect and analyze subtle changes in the brain (Head Health Challenge 
I: Methods for Diagnosis and Prognosis of Mild Traumatic Brain 
Injuries), and on novel technologies, system designs, or materials that 
can quantify head impact in real time, detect, track or monitor 
biologic or physiological indicators of traumatic brain injury, protect 
the brain from traumatic injury, mitigate or prevent short or long-term 
consequences of brain trauma, and assist in training to prevent 
traumatic brain injury (Head Health Challenge II: Innovative Approaches 
For Preventing And Identifying Brain Injuries). Information on Head 
Health Challenges I and II may be found at www.HeadHealthChallenge.com.
    The National Football League, Under Armour, GE and the National 
Institute of Standards and Technology have established a joint effort 
to advance the state-of-the-art in advanced materials for impact 
mitigation. The objective of Challenge III is to stimulate the 
development of a range of materials that provide excellent energy 
absorbing and energy dissipating properties. The NFL, Under Armour, GE 
and NIST look forward to receiving submissions consistent with the 
listed specifications that will aid in advancing safety and protection 
for athletes, the warfighter, and civilians.

DATES: 
    Abstract Submission Period: February 2, 2015-March 13, 2015.
    Invitations to Submit Full Proposals and Materials for First Round 
Competition: April 15, 2015
    Announcement of First Round Award Winners: September, 2015
    Announcement of Grand Prize Award Winner: September, 2016
    The Abstract Submission Period begins February 2, 2015, at 9:00 
a.m. EST and ends March 13, 2015, at 5:00 p.m. EST. Competition dates 
are subject to change at the discretion of the Competition Sponsors. 
Entries submitted before or after the Abstract Submission Period will 
not be reviewed or considered for award.

FOR FURTHER INFORMATION CONTACT: Changes or updates to the Competition 
rules will be posted and can be viewed at the Head Health Challenge III 
Competition Web site at www.HeadHealthChallenge.com.
    Questions about the Competition can be directed to the Competition 
Sponsors at www.HeadHealthChallenge.com, or by email to Michael Fasolka 
of NIST at <a href="/cdn-cgi/l/email-protection#88c0c0cbc1c1c1c8e6e1fbfca6efe7fe"><span class="__cf_email__" data-cfemail="7f37373c3636363f11160c0b51181009">[email protected]</span></a>, phone 301-975-8301.
    Results of the Competition will be announced on the competition Web 
site at www.HeadHealthChallenge.com.

SUPPLEMENTARY INFORMATION: 

Competition Sponsors

    The National Institute of Standards and Technology (NIST; 
www.nist.gov) is a non-regulatory Federal agency within the United 
States Department of Commerce. Founded in 1901, NIST's mission is to 
promote U.S. innovation and industrial competitiveness by advancing 
measurement science, standards, and technology in ways that enhance 
economic security and improve our quality of life. NIST carries out its 
mission through its programs, which include: The NIST Laboratories, 
conducting world-class research, often in close collaboration with 
industry, that advances the Nation's technology infrastructure and 
helps U.S. companies continually improve products and services; the 
Hollings Manufacturing Extension Partnership (MEP), a nation-wide 
network of local centers offering technical and business assistance to 
smaller manufacturers to help them create and retain jobs, increase 
profits, and save time and money; and the Baldrige Performance 
Excellence Program, which promotes performance excellence among U.S. 
manufacturers, service companies, educational institutions, health care 
providers, and nonprofit organizations; conducts outreach programs; and 
manages the annual Malcolm Baldrige National Quality Award, which 
recognizes performance excellence and quality achievement. The agency 
operates in two locations: Gaithersburg, Maryland (headquarters--234-
hectare/578-acre campus) and Boulder, Colorado (84-hectare/208-acre 
campus). NIST employs about 3,000 scientists, engineers, technicians, 
and support and administrative personnel. NIST also hosts about 2,700 
associates from academia, industry, and other government agencies, who 
collaborate with NIST staff and access user facilities. In addition, 
NIST partners with more than 1,300 manufacturing specialists and staff 
at more than 400 MEP service locations around the country.
    The NIST Material Measurement Laboratory (MML) is one of two 
metrology laboratories within NIST, and supports the NIST mission by 
serving as the national reference laboratory for measurements in the 
chemical, biological and material sciences. MML activities range from 
fundamental and applied research on the composition, structure and 
properties of industrial, biological and environmental materials and 
processes, to the development and dissemination of tools including 
reference measurement procedures, certified reference materials, 
critically evaluated data, and best practice guides that help assure 
measurement quality. MML research and measurement services support 
areas of national importance that include advanced materials, 
bioscience and healthcare, electronics, energy, environment and 
climate, food safety and nutrition, physical infrastructure, and 
forensics.
    The National Football League: Throughout its history, the NFL has 
made the health and safety of its players a priority. This commitment 
extends to football played at all ages and also benefits other sports. 
At the youth level, the NFL's partnership with the Centers for Disease 
Control and Prevention and the NFL's support for USA Football, 
including their Heads Up Football initiative, helps parents, coaches, 
clinicians and athletes understand the signs and symptoms of possible 
head injuries. The League has successfully advocated for the passage of 
youth concussion laws in nearly all 50 states. Through funding for 
medical studies, including a $30 million grant to the Foundation for 
the National Institutes of Health for medical research; collaboration 
with the military on research and recognizing and reporting potential 
head injuries; and the work of the NFL's medical committees, the NFL is 
committed to supporting and advancing science that will have an impact 
far beyond football. With a continued emphasis on improved

[[Page 4877]]

equipment, rule changes, and in-game policies, the NFL fosters a 
culture that promotes health and safety at every level of the game.
    The General Electric Company: At GE we have a relentless drive to 
build things that matter. As a leader in the development of brain 
diagnostic tools, we are at work to improve the speed and accuracy of 
concussion evaluation. We invite innovators around the world to join 
us. There is real power in partnership. True breakthroughs and 
innovation happen faster when we come together. The power of 
collaboration between diverse networks cannot be overstated. Our 
experience has shown us that at GE we don't have all of the solutions, 
but rather the unique opportunity to seek out great ideas and 
accelerate their growth. We can leverage our scale and expertise to 
nurture innovation wherever its seeds grow. We've seen this in our 
partnership to accelerate early detection and personalized treatment of 
breast cancer and we know we will see it again in cooperating with the 
NFL on the Head Health Initiative.
    Under Armour, Inc.: As a global leader in sports performance and 
innovation, Under Armour is proud to outfit athletes around the world 
with transformative designs and technologies. Every fabric, every 
stitch of every Under Armour product, on every field of play exists for 
one singular purpose--to make all athletes better. To continue 
fulfilling this long-standing brand mission, our responsibility doesn't 
end there. We believe in advancing innovation, awareness, and education 
to create safer playing fields and competition environments for all. 
With this in mind, we have collaborated with the NFL and GE to increase 
our access to some of the best minds in the world and empower others to 
join the Head Health Challenge movement.
    Collectively, NIST, the NFL, GE and UA are the ``Head Health 
Challenge III Sponsors,'' or the ``Competition Sponsors.'' The 
Competition Sponsors will make all decisions related to the 
development, management, and implementation of the Head Health Advanced 
Materials Prize Competition.

Eligibility Rules for Participating in the Competition

    The Head Health Advanced Materials Prize Competition is open to all 
individuals over the age of 18 that are residents of the 50 United 
States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, 
Guam, and American Samoa, and to for-profit or non-profit corporations, 
institutions, or other validly formed legal entities organized or 
incorporated in, and which maintain a primary place of business in, any 
of the preceding jurisdictions. An individual, whether participating 
singly or with a group, must be a citizen or permanent resident of the 
United States, and must not have been convicted of a felony or a crime 
of moral turpitude. A legal entity must not be owned or managed by any 
individual who has been convicted of a felony or a crime of moral 
turpitude.
    To be eligible to win a Competition prize, a participant (whether 
an individual or legal entity) must have registered to participate, 
must have complied with all the requirements under section 3719 of 
title 15, United States Code (``Prize competitions''), must not be in 
active bankruptcy, must not be subject to a filed Notice of Federal Tax 
Claim, and must not be suspended, debarred, or otherwise excluded from 
doing business with the U.S. Federal Government.
    A participant shall not be deemed ineligible because the 
participant used Federal facilities or consulted with Federal employees 
in preparing its submission to the Competition if the facilities and 
employees are made available to all participants on an equitable basis.
    Multiple entries are permitted. Each entry will be reviewed 
independently. Multiple individuals and/or legal entities may 
collaborate as a group to submit a single entry, in which case all 
members of the group must satisfy the eligibility requirements, 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. 
Participation is subject to all U.S. federal, state and local laws and 
regulations. Void where prohibited or restricted by law. Participants 
are responsible for checking applicable laws and regulations in their 
jurisdiction(s) before participating in this 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.
    Employees and contractors of the Competition Sponsors and/or any of 
their respective affiliates or subsidiaries, and any other individuals 
or legal entities involved with the design, production, execution, 
distribution or evaluation of the Competition, are not eligible to 
enter. NIST employees and NIST Guest Researchers, as well as direct 
recipients of NIST funding awards through any Center of Excellence 
established by NIST, are not eligible to enter. Federal entities and 
non-NIST Federal employees acting in their official capacities are not 
eligible to enter. Non-NIST Federal employees acting in their personal 
capacities should consult with their respective agency ethics officials 
to determine whether their participation in this Competition is 
permissible.

Entry Process for Participants

    To enter, visit HeadHealthChallenge.com (the ``Event Web site''), 
and submit a completed abstract (``Abstract'' or ``Entry'') following 
the instructions provided on the Event Web site. Participants may begin 
submitting Competition Entries at 9:00 a.m. EST on February 2, 2015, to 
the Event Web site. Competition Entries must be submitted no later than 
5:00 p.m. EST on March 13, 2015, to the Event Web site.
    Entries submitted before the start date and time, or after the end 
date and time, will not be evaluated or considered for award. Entries 
sent to the Competition Sponsors in any manner other than through the 
Event Web site will not be evaluated or considered for award. Entries 
that do not comply with the formatting requirements set forth in this 
Notice and the Event Web site will not be evaluated or considered for 
award.
    Entries must be complete, non-confidential and in English.
    In general, each Entry:
    (a) Must affirmatively represent that the participant (and each 
participant if more than one) has read and consents to be governed by 
the Competition rules and meets the eligibility requirements;
    (b) Describes in reasonable detail an advanced material that, in 
the participant's good faith opinion, is innovative and original in the 
context of Head Health Challenge III. If the participant has already 
filed a patent application or been issued a patent for any aspect of 
the participant's material, or if the participant has licensed or 
believe that it will need to license any third-party intellectual 
property in order to make, use, sell, offer for sale, or import into 
the United States the participant's material, that fact must be 
included;
    (c) Describes the value proposition of the material discussed in 
the Entry;
    (d) Provides information (including but not limited to expertise 
and capabilities) about the individual innovators, business team, 
company or institution, as applicable, that created or developed the 
material discussed in the Entry;

[[Page 4878]]

    (e) Describes a material that the participant is able to produce 
for testing within 12 weeks of the Entry submission deadline; and
    (f) Confirms that the material has the potential to meet the 
following minimum performance levels:
    (1) Withstand a force range of 3-12kN;
    (2) Have the potential for withstanding 1200 impacts above 20 KE 
(J);
    (3) Perform in the impact velocity range of 3.4 m/s to 11.2 m/s; 
and
    (4) Maintain performance under the following environmental 
conditions:
    i. Temperature range of 0 [deg]C to 40 [deg]C; and
    ii. Relative humidity range of 40% to 100%.

Competition Award(s)

    The Prize Purse is a combined pool from the Competition Sponsors of 
$2 million. The Prize Purse may increase, but will not decrease. Any 
increases in the Prize Purse will be posted on the Event Web site and 
published in the Federal Register. The Prize Purse will be used to fund 
one or more awards.
    The Competition Sponsors will announce via the Event Web site any 
Entry(ies) as to which the Judges have made an award (each, an 
``Award''). The anticipated number and amount of the cash awards that 
will be awarded for Head Health Challenge III will be set forth as part 
of the announcement of Head Health Challenge III at the Event Web site; 
however, the Judges reserve the right to award fewer than the 
anticipated number of cash awards in the event an insufficient number 
of eligible Entries meet the Judging Criteria for Challenge III, in the 
Judges' sole discretion. Awards will be made based on the Judges' 
analysis of an Entry's compliance with the Judging Criteria for 
Challenge III. All potential winners will be notified by the email 
address provided in the submission document and may be required to 
complete further documentation confirming their eligibility. Return of 
any notification as ``undeliverable'' will result in disqualification. 
After verification of eligibility, awards will be distributed in the 
form of a check addressed to the official representative specified in 
the winning entry. That official representative will have sole 
responsibility for further distribution of any cash Award among 
participants in a group Entry or within a company or institution that 
has submitted an Entry through that representative. Each list of 
Entries receiving cash Awards for Challenge III will be made public 
according to the timeline outlined on the Event Web site 
[www.headhealthchallenge.com].
    The initial round of cash Awards (First Round Awards) will be 
offered by the First Round Competition Sponsors (the NFL, GE and UA) to 
Entries selected by the Judges (the First Round Winners) and will be 
disbursed in two equal installments. The first installment of a First 
Round Award will be awarded after each First Round Winner meets with 
the First Round Competition Sponsors to agree upon a progress plan. The 
progress plan will include a progress report due six months from the 
first installment award date (or such other time as may be set by the 
First Round Competition Sponsors), and the second installment of the 
First Round Award will be awarded following approval by the First Round 
Competition Sponsors of the First Round Winner's progress report. A 
final progress report, summarizing the results and comparing the 
outcomes to the progress plan, will be required at the end of the First 
Round Award Period in order for a First Round Winner to be eligible for 
the single Grand Prize Award, which will be awarded to a First Round 
Winner selected by the Judges at the conclusion of the second round of 
judging. Use of NIST facilities, and consultation with NIST employees, 
may be made available by NIST on an equitable basis to all First Round 
Winners during the First Round Award Period. The Grand Prize Award 
winner's cash Award will be awarded by NIST to the Grand Prize Winner.
    All cash Awards are a one-time offer and there is no offer of 
licensure, royalty, or other financial compensation implied beyond the 
initial round of cash Awards. Winners are responsible for all taxes and 
reporting related to any Award received as part of Challenge III.
    All costs incurred in the preparation of Competition Entries are to 
be borne by participants.

Evaluation, Judging, and Selection of Winner(s)

Submission Evaluation Criteria

    This section discusses how participant submissions will be 
evaluated.

Abstract Submission and Review

    The first step in this Competition is submission, via the Event Web 
site, of an Abstract, which describes the proposed work and material 
that a participant intends to submit. Initial Evaluations of Abstracts 
will be conducted by Subject Matter Experts, described below. Subject 
Matter Experts will use the following criteria to determine whether a 
participant will be invited to submit a full proposal and material 
samples into the next round of the Competition:
    (1) Abstract completeness and participant eligibility: Participant 
Abstracts that are incomplete--that do not provide all information 
required by this Notice and the Abstract submission template (available 
at the Event Web site)--will not be evaluated and will not move forward 
in the Competition. In addition, Entries from a participant(s) who does 
not meet the eligibility criteria as described elsewhere in this 
document will not be evaluated or move forward in the Competition. For 
complete Abstracts from eligible participants, the Subject Matter 
Experts will conduct a double blind evaluation using the following 
criteria (Items 2-4), and the weighting percentage for each criterion 
is given in parentheses:
    (2) Evidence that the material will meet minimum performance levels 
(25%): The Subject Matter Experts will evaluate preliminary data and 
narrative evidence provided by the participant to determine whether the 
proposed material can:
    <bullet> Withstand a force range of 3 kN to 12 kN;
    <bullet> Have the potential for withstanding 1200 impacts above 20 
KE (J);
    <bullet> Perform in the impact velocity range of 3.4 m/s to 11.2 m/
s; and
    <bullet> Maintain performance under the following environmental 
conditions:
    [cir] Temperature range of 0 [deg]C to 40 [deg]C;
    [cir] Relative humidity range of 40% to 100%.
    (3) Innovation of the Material for Impact Protection (50%): Subject 
Matter Experts will evaluate narrative evidence and data provided by 
the participant that demonstrates that the material is an advancement 
over existing materials used in impact mitigation.
    (4) Quality and Capabilities of the Participant (25%): Subject 
Matter Experts will evaluate narrative evidence and data provided that 
demonstrates that the participant (or, if more than one, the 
participant's team) is technically capable of excelling in further 
stages of the Challenge.

First Round: Full Proposal and Material Submission

    Based upon Abstract evaluations by the Subject Matter Experts, 
participants ranked highly according to the criteria described will be 
invited to submit more detailed proposals and material samples to the 
First Round of the Competition. The proposal format, proposal and 
material submission deadlines, submission instructions and other 
necessary information will be detailed

[[Page 4879]]

in the invitations to submit full proposals.
    If invited to propose, a participant's proposal submission must 
include a sample of the participant's material for testing, in 
accordance with the submission instructions. Proposal submissions that 
fail to include a material sample for testing in accordance with the 
submission instructions (including but not limited to any submission 
deadlines), will not be evaluated and will not move forward in the 
Competition.
    Proposals in the First Round will be evaluated by Subject Matter 
Experts, described below, and representatives of the First Round 
Competition Sponsors. The Subject Matter Experts and representatives of 
the First Round Competition Sponsors will conduct a double blind 
evaluation of proposals using the following criteria (the weighting 
percentage for each criterion is given in parentheses):
    (1) Significance (30%): The proposed material addresses the problem 
of impact protection, and extends the current state of the art in 
materials in this field.
    (2) Participant Capabilities (10%): The participant (or, if more 
than one, the participant team) has, as appropriate, the technical 
capabilities, scientific expertise, resources, management structure, 
business awareness, and collaborations necessary to execute its 
proposal, and a demonstrated track record of success in scientific, 
engineering and business enterprises as appropriate.
    (3) Innovation (40%): The proposed material employs or embodies 
novel materials science concepts or novel repurposing of a material, 
and/or the participant/participant team is employing new approaches and 
methodologies to materials engineering in order to create exceptional 
impact protection.
    (4) Approach (10%): The overall strategy, and methodologies 
employed by the participant/participant team are scientifically sound 
and technically feasible.
    (5) Material Readiness (10%): It is technically feasible that 
production of the proposed material can be scaled to commercial 
volumes.
    Based upon proposal evaluations by the Subject Matter Experts and 
representatives of the First Round Competition Sponsors, highly ranked 
participants will be selected for Materials Testing. These materials 
will be tested by NIST for energy absorption/dissipation performance. 
Up to six of the participants will be selected by a panel of Judges for 
First Round Awards (described above) based upon materials testing 
results and the Judges' reviews of full proposal submissions.
    Materials Testing will be conducted at NIST facilities, or at other 
facilities arranged for by NIST, using methods determined by NIST in 
consultation with experts from industry, academia and other government 
agencies. Materials testing will assess the ability of materials to 
absorb impact energy and dissipate the transfer of momentum under 
impact. The key measure to be assessed will be energy absorption or 
dissipation per unit mass or volume of material under the impact 
velocity ranges and environmental conditions described above.
    Final Round and Grand Prize Awards:
    First Round Award Winners will enter into the Final Round and will 
have the opportunity to improve their materials for a period of 
approximately one year with guidance from the First Round Competition 
Sponsors. A final progress report, due at the end of the one-year 
period, will be evaluated by the Judges. The evaluation criteria for 
the final progress report will be the same as those used to evaluate 
full proposals. In addition, NIST will conduct a final round of 
materials testing.
    One Grand Prize Winner will be selected from among the Final Round 
competitors by the Judges, based on the Judges' professional assessment 
of the total potential of submitted materials to improve impact 
protection, with proposal and report evaluations and material testing 
data being the assessment criteria.

Subject Matter Experts and Judges

    Subject Matter Experts, to be selected by the First Round 
Competition Sponsors, as well as any representatives of the First Round 
Competition Sponsors involved in evaluating full proposals, will, as a 
body, represent a high degree of expertise in materials science and 
impact protection technology, scientific stature commensurate with this 
part of the Challenge, and a balance of perspectives from technology 
sectors relevant to the Competition. Subject Matter Experts will 
provide assessments of Abstracts and full proposals using the criteria 
described herein. Neither Subject Matter Experts nor representatives of 
the First Round Competition Sponsors will select winners of any cash 
prizes.
    A panel of highly qualified Judges appointed by the NIST Director 
will select winners of cash prizes to be awarded to First Round Award 
Winners and to the Grand Prize Winner using the criteria described 
herein. The Judges, acknowledged experts in materials science and 
impact protection technology, may not have personal or financial 
interests in, or be an employee, officer, director, or agent of any 
entity that is a registered participant in this Competition, and may 
not have a familial or financial relationship with an individual who is 
a registered participant. In the event of such a conflict, a Judge must 
recuse himself or herself. A participant(s) should review the list of 
the Judges available at the Event Web site, and must identify, as part 
of their Entry submission, any Judge who has personal or financial 
interests in, or is an employee, officer, director, or agent of any 
entity that is a participant in this Competition, or who has a familial 
or financial relationship with an individual who is a participant. 
Thereafter, a participant(s) must immediately inform the Competition 
Sponsors through the Event Web site of a change in status resulting in 
a conflict for any Judge as described above. Failure to do so may 
disqualify a participant(s) from receiving a cash award.
    Intellectual property rights:
    Other than as set forth herein, none of the Competition Sponsors 
makes any claim to ownership of your Entry or any of your intellectual 
property or third party intellectual property that it may contain 
therein. By participating in Challenge III, you are not granting any 
rights in any patents or pending patent applications related to the 
technology described in your Entry; provided that by submitting an 
Entry, you are granting the Competition Sponsors certain limited rights 
as set forth herein.
    By submitting an Entry, you grant to the Competition Sponsors the 
right to review your Entry, to describe your Entry in connection with 
any materials created in connection with Challenge III and to have the 
Subject Matter Experts, representatives of the First Round Competition 
Sponsors, and Judges, and the designees of any of them, review your 
Entry.
    By submitting an Entry, you grant a non-exclusive right and license 
to the Competition Sponsors and their respective affiliates, 
subsidiaries, parents, and licensees, to use your name, likeness, 
biographical information, image, any other personal data submitted with 
your Entry and the contents in your Entry (including any created works, 
such as YouTube[supreg] videos, but not including any material(s) 
submitted with or as part of your Entry), in connection with (i) 
Challenge III, and (ii) the Competition Sponsors' initiatives to 
develop new materials in any media or format now known or

[[Page 4880]]

hereafter invented, in any and all locations worldwide, without any 
payment to or further approval from you. You also agree that this 
license is perpetual and irrevocable. For uses beyond the license that 
you grant above, you agree that any use of your personal data by the 
Competition Sponsors will be governed by the Privacy Policy posted on 
the Event Web site.
    You agree that nothing in this Notice grants you a right or license 
to use any names, trademarks or service marks of the Competition 
Sponsors, or any other intellectual property or proprietary rights of 
the Competition Sponsors. You grant to the Competition Sponsors the 
right to include your company or institution name and logo (if your 
Entry is from a company or institution) as an entrant on the Event Web 
site and in materials from the Competition Sponsors announcing winners 
or prospective winners of Challenge III. Other than these uses or as 
otherwise set forth herein, you are not granting the Competition 
Sponsors any rights to your trademarks.
    Entries containing any matter which, in the sole discretion of the 
Competition Sponsors, 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 reputations of the Competition Sponsors, will not be 
accepted. If the Competition Sponsors, in their sole discretion, finds 
any Entry to be unacceptable, then such Entry shall be deemed 
disqualified and will not be evaluated or considered for award. The 
Competition Sponsors shall have the right to remove any content from 
the Event Web site in their sole discretion at any time and for any 
reason, including, but not limited to, any online comment or posting 
related to Challenge III.
    Nothing in this Competition requires you to negotiate or do 
business with the Competition Sponsors. You are free to discuss your 
Entry and the ideas or technologies contained therein with other 
parties and you are free to contract with any third parties; provided 
that you do not sign any agreement, grant any license or undertake any 
obligations that conflicts with any agreement that you have entered 
into, agreed to enter into or do enter into with the Competition 
Sponsors regarding your Entry (including as set forth herein). For the 
purpose of clarity, you acknowledge that the intent of Challenge III is 
to encourage people to suggest their ideas and innovations, but your 
participation in Challenge III does not create an obligation on either 
your part, or the Competition Sponsors' part, to enter into any further 
business relationship with you or to sign any commercial agreement with 
you.
    Confidential information:
    By making a submission to Challenge III, you agree that no part of 
your submission includes any confidential or proprietary information, 
ideas or products. Since none of the Competition Sponsors wishes to 
receive or hold any submitted materials ``in confidence,'' it is agreed 
that, with respect to your Entry, no confidential or fiduciary 
relationship or obligation of secrecy is established between the 
Competition Sponsors and you, your Entry team, the company or 
institution you represent when submitting an Entry, or any other person 
or entity associated with any part of your Entry.
    Warranties:
    By submitting an Entry, you represent and warrant that all 
information you submit is true and complete to the best of your 
knowledge, that you have the right and authority to submit the Entry on 
your own behalf or on behalf of the persons and entities that you 
specify within the Entry, and that your 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 your own original work, or is submitted by permission with 
full and proper credit given within your Entry;
    (b) does not contain confidential information or trade secrets 
(yours or anyone else's);
    (c) does not knowingly, after due inquiry (including, by way of 
example only and without limitation, reviewing the records of the 
United States Patent and Trademark Office and inquiring of any 
employees and other professionals retained with respect to such 
matters), 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.
    Limitation of liability:
    By participating in Challenge III, you agree to assume any and all 
risks and to release, indemnify and hold harmless the Competition 
Sponsors each of the Judges and Subject Matter Experts, and their 
respective affiliates, subsidiaries, advertising and promotions 
agencies, as applicable, and each of their respective agents, 
representatives, officers, directors, shareholders, and employees 
(collectively, ``Competition Sponsor Entities'') from and against any 
injuries, losses, damages, claims, actions and any liability of any 
kind (including attorneys' fees) resulting from or arising out of your 
participation in, association with or submission to Challenge III 
(including any claims alleging that your Entry infringes, 
misappropriates or violates any third party's intellectual property 
rights). In addition, you agree to 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 your participation in this Competition, whether the 
injury, death, damage, or loss arises through negligence or otherwise.
    The Competition Sponsor Entities are not responsible for any 
miscommunications such as technical failures related to computer, 
telephone, cable, and unavailable network or server connections, 
related technical failures, or other failures related to hardware, 
software or virus, or incomplete, late, damaged or misdirected Entries 
or material samples. Any compromise to the fair and proper conduct of 
Challenge III may result in the disqualification of an Entry or 
participant, termination of Challenge III, or other remedial action, at 
the sole discretion of the Competition Sponsors. The Competition 
Sponsors reserve the right in their sole discretion to extend or modify 
the dates of Challenge III, and to change the terms set forth herein 
governing any phases taking place after the effective date of any such 
change. By entering, you agree to the terms set forth herein and to all 
decisions of the Competition Sponsors, the Judges, the Subject Matter 
Experts, and/or all of their respective agents, which are final and 
binding in all respects.
    The Competition Sponsor Entities are not responsible for: (1) Any 
incorrect or inaccurate information, whether caused by a participant, 
printing errors, or by any of the equipment or programming associated 
with or used in the

[[Page 4881]]

Competition; (2) unauthorized human intervention in any part of the 
Entry process for the Competition; (3) technical or human error that 
may occur in the administration of the Competition or the processing of 
Entries; or (4) any injury or damage to persons or property that may be 
caused, directly or indirectly, in whole or in part, from a 
participant's participation in the Competition or receipt or use or 
misuse of a cash award. If for any reason an Entry is confirmed to have 
been deleted erroneously, lost, or otherwise destroyed or corrupted, 
the participant's sole remedy is to submit another Entry in the 
Competition.
    No obligation:
    You acknowledge that multiple participants may submit Entries that 
contain concepts or technologies similar to your Entry and that the 
Competition Sponsors or their subsidiaries and business partners may 
already be investigating or developing technical solutions or business 
activities that are related or similar to those that you disclose in 
your Entry. You acknowledge and agree that any actions or omissions of 
the Competition Sponsors with respect to another Entry or one of its 
own solutions or business activities, even if similar to your Entry, 
shall not create in the Competition Sponsors, as applicable, any 
liability to you or others. Further, none of the Competition Sponsors 
is or shall be restricted in any way from pursuing, developing, or 
commercializing, in any way that such Competition Sponsor sees fit, 
independent of you and at the Competition Sponsor's sole discretion, 
any technology that is created independent of your Entry. You 
acknowledge that none of the Competition Sponsors is obligated to take 
any action whatsoever with regard to your Entry. You agree that these 
terms and the relationship between you and the Competition Sponsors 
shall be governed by the laws of the United States.
    Termination and Disqualification:
    The Competition Sponsors reserve the authority to cancel, suspend, 
and/or modify the Competition, or any part of it, if any fraud, 
technical failures, or any other factor beyond the Competition 
Sponsors' reasonable control impairs the integrity or proper 
functioning of the Competition, as determined by Competition Sponsors 
in their sole discretion.
    The Competition Sponsors reserve the right to disqualify any 
participant or participant team it believes to be tampering with the 
Entry process or the operation of the Competition or to be acting in 
violation of any applicable rule or condition.
    Any attempt by any person to undermine the legitimate operation of 
the Competition may be a violation of criminal and civil law, and, 
should such an attempt be made, the Competition Sponsors reserve the 
authority to seek damages from any such person to the fullest extent 
permitted by law.
    Verification of Potential Winner(s):
    All potential winners of a First Round Award or Grand Prize Award 
are subject to verification by the Competition Sponsors, whose 
decisions are final and binding in all matters related to the 
Competition.
    Potential winner(s) must continue to comply with all terms and 
conditions of the Competition rules, and winning is contingent upon 
fulfilling all requirements. In the event that a potential winner, or 
an announced winner, is found to be ineligible or is disqualified for 
any reason, the Competition Sponsors may make award, instead, to 
another participant, as may be determined by the Judges.
    Prior to awarding the Grand Prize Award, NIST will verify that the 
potential winner is not suspended, debarred, or otherwise excluded from 
doing business with the U.S. Federal Government. Suspended, debarred, 
or otherwise excluded participants will not be eligible to win the 
Grand Prize Award.
    Privacy and Disclosure under FOIA:
    Personal and contact information is not collected for commercial or 
marketing purposes. Except as provided herein, information submitted 
throughout the Competition will be used only to communicate with 
participants regarding Entries and/or the Competition. Participant 
Entries and submissions to the Competition may be subject to disclosure 
under the Freedom of Information Act (``FOIA'').

    Authority:  15 U.S. C. 3719.

Richard Cavanagh,
Acting Associate Director for Laboratory Programs.
[FR Doc. 2015-01743 Filed 1-28-15; 8:45 am]
BILLING CODE 3510-13-P


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