Terms & Conditions
These terms and conditions apply to all users of the challenge website (“https:\\mosaichallenge.com”) and the participants in the Challenge.
Agreement to Terms
Use of this website and/or Submission of an entry constitutes a participant’s full and unconditional agreement to all applicable rules and conditions set forth in this prize challenge. Eligibility for the prize award is contingent upon fulfilling all requirements set forth herein. The final determination of Winners is final and binding on all Participants. The final determination of Winners may not be challenged by the Participants.
The Challenge is open to all individuals/groups/companies except those that are proposing technologies already receiving funding by the U.S. or Israeli governments (hereafter: “the Government”). Participants must certify that they do not have identical or essentially equivalent technologies that are being funded by the Government. Submission of an entry constitutes a contestant’s full and unconditional agreement to all applicable rules and conditions. Eligibility for the prize award(s) is contingent upon fulfilling all requirements set forth herein.
Candidates must certify that their submission is virus free and free of malware.
Government Right to Cancel, Suspend or Modify Challenge
The Government reserves the right, in its sole discretion, to cancel, suspend or modify the Challenge. These rules may be changed without prior notice, and all participants should monitor https://mosaichallenge.com for the latest information. The Government further reserves the right to select no winners and award no prize money if the Government determines, in its sole discretion, that an award is not in the best interest of the Government.
The Government and the Merage Institute may cancel the participation of any applicant/competitor if they do not meet the participation criteria or if the way they are being conducted at any stage is unbecoming of the spirit of the competition.
Protection of Participant Data
All submissions and other contestant generated data should be delivered in accordance with the Department of Defense Federal Regulation Supplement (DFARS) 252.227-7016, “Rights in Bid and Proposal Information.” The government and the Merage Institute shall use any information marked by the contestant as “restricted” in the submission for evaluation purposes only and shall not disclose, directly or indirectly, such information to any person including potential evaluators, unless that person has been authorized by the head of the agency, his or her designee, or the Contracting Officer to receive such information. All evaluators and mentors will sign non-disclosure agreements (NDA) that precludes them from disclosing any proprietary data outside of the Government and the Merage Institute.
The candidates are requested not to include or divulge any confidential material in the registration documents (the registration form and the executive summary). The Merage Institute will undertake reasonable measures to maintain the confidentiality of participant data, including the Merage Institute team signing NDAs.
All communications between the challenge team and you, including the Challenge Website and email communications, will be in English.
Data Rights and Marking
All data submitted under the Prize Challenge will be made available to the Government and parties authorized to act on behalf of the Government as discussed below. By accepting these Terms and Conditions, the Participant consents to the use of data submitted to Government. Any materials submitted to Government as part of a prize challenge submission become Government records and will not be returned.
The use of protective markings such as “Do Not Publicly Release – Trade Secret” or “Do Not Publicly Release – Confidential Proprietary Business Information” in the Header or Footer of the Submission is strongly encouraged where appropriate. However, Participants should be aware that the use of protective markings is not dispositive as to whether information will be released publicly pursuant to a request for records under the Freedom of Information Act, (FOIA) 5 U.S.C. §552, et. seq., as amended by the OPEN Government Act of 2007, Pub. L. No. 110-175. Any information received from the Participant is considered to be a federal agency record, and as such, subject to public release under FOIA. Decisions to disclose or withhold information received from a Participant are based on the applicability of one or more of the nine FOIA exemptions, not on the existence or nonexistence of protective markings. All FOIA requests received by Government are processed in accordance with 10 C.F.R. Part 1004. Participants will be notified of any FOIA requests for their submissions in accordance with 29 C.F.R. § 70.26. Participants may then have the opportunity to review materials and work with a Government FOIA representative prior to the release of materials.
By participating in this Challenge, each individual (whether participating singly or in a group) warrants and assures the Government and the Merage Institute that any data used for the purpose of submitting an entry for this Challenge, were obtained legally through authorized access to such data.
Upon submission, the Participant hereby represents and warrants that:
- it is the sole author and copyright owner of the submission; that the submission is an original work of the Participant and that the Participant has sufficient rights to use and to authorize others, including the Government and the Merage Institute, to use the submission, as specified throughout the Official Rules; that the submission does not infringe upon any copyright or upon any other third party rights of which the Participant is aware; and that there are no known or pending patents on or related to the technology proposed within the submissions or, if there are known or pending patents, that the patent holder grants to the Government and the Merage Institute a fully paid, nonexclusive, irrevocable, worldwide license to use, or have used on the Government’s behalf, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly copyrightable works of the patented material. Except as provided above, any submission shall be accompanied by a statement delineating which intellectual property rights and licenses will not be extended to the government and the Merage Institute for this challenge.
- the submission, and any use thereof by the Government and the Merage Institute is not defamatory or libelous in any manner; does not constitute or result in any misappropriation or other violation of the publicity rights or right of privacy of any person or entity, or infringe, misappropriate or otherwise violate any intellectual property rights, privacy rights or any other rights of any person or entity.
- It is free to enter into this challenge without the consent of any third party and has the capability to fully perform its obligations as stipulated by the Prize rules.
- there is no suit, proceeding, or any other claim pending or threatened against the Participant, nor does any circumstance exist, to its knowledge, which may be the basis of any such suit, proceeding, or other claim, that could limit or impair the Participant’s performance of its obligations pursuant to the Prize rules or Terms and Conditions.
- it will not infringe, violate, or interfere with the intellectual property, publicity, privacy, contract or other right of any third party in the course of performance of this agreement or cause the Government or the Merage Institute to do any of the same.
By participating in this Challenge, each individual (whether participating singly or in a group) warrants and assures the Government and the Merage Institute that there are no known or pending patents on or related to the technology proposed within the submissions or, if there are known or pending patents, that the patent holder provides the Government and the Merage Institute a description of the patented material and its use in the proposed Challenge solution.
Relationship of the Parties
Nothing contained in these Terms and Conditions is intended to create or constitute a relationship between the Government or the Merage Institute with the Participants. Participation in the Prize Challenge does not imply any form of sanction, endorsement or support of the Participant by the Government or the Merage Institute, nor does it grant either party any authority to act as agent, nor assume or create any obligation, on behalf of the other party. Participant may not use the Government or the Merage Institute logo or official seal in their submission.
- the person/entity cannot be contacted;
- the person/entity fails to sign and return the required documentation within the required time period;
- the notification is returned as undeliverable;
- the submission or person/entity is disqualified for any other reason.
Tax treatment of prizes will be under the full responsibility of each winner in accordance with local tax regulations.
Responsibility for Costs Incurred
Nothing in these rules, to include information on the websites publicizing the award, may be interpreted as authorizing the incurrence of any costs, or modifying the statement of work or authorizing work outside the terms and conditions of any existing agreements or contracts with the Government or the Merage Institute. Participation in this prize challenge is at participant expense. The Government and the Merage Institute will not be responsible for any costs incurred by the participant, to include submission costs, travel costs, technology demonstration or development costs or any associated costs.
Release of Claims
The participant agrees to release and forever discharge any and all manner of claims, equitable adjustments, actions, suits, debts, appeals, and all other obligations of any kind, whether past or present, known or unknown, that have or may arise from, are related to or are in connection with, directly or indirectly, this prize challenge or the participant’s submission.
By participating in this challenge, the participant agrees to assume, and thereby has assumed, any and all risks of injury or loss in connection with, or in any way arising from participation in this challenge, or development of any submission. Based on the subject matter of the prize challenge, the type of work that it will require, as well as the unlikeliness of claims for death, bodily injury, property damage, or loss potentially arising from or related to participation in the prize challenge, no individual or entity participating in the prize challenge is required to obtain liability insurance.
The participant agrees to indemnify the Government and the Merage Institute and their affiliates, directors, officers, employees against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding arising from:
- the participant’s acts or omissions in relation to the Challenge (including the participant’s use or acceptance of any prize and the participant’s breach of these Terms); and
- the participant’s submissions violating any rights of any other person or entity or any obligation the participant may have with them.
Compliance with Laws
The participant agrees to follow and comply with all applicable federal, state, and local laws, regulations and policies.
All content provided by the government and the Merage Institute is provided on an “as is” and “as available” basis. The government and the Merage Institute disclaim all representations and warranties (express or implied), including any warranties of merchantability and fitness for a particular purpose. The government and the Merage Institute are not responsible for any incomplete, failed, or delayed transmission of your application information or submissions due to the internet, including interruption or delays caused by equipment or software malfunction or other technical problems.
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the Government or the Merage Institute.
Physical mini challenges participants only are required to sign the DDR&D Disclaimer – Download PDF
If any term (or part of a term) of these terms or rules is invalid, illegal, or unenforceable, the rest of the terms or rules will remain in effect.
In the event of any discrepancy between the English version of these terms and rules and a translated version, the English version will govern.
This prize challenge is subject to all applicable federal laws and regulations. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE GOVERNED BY THE FEDERAL LAWS AND REGULATIONS OF THE UNITED STATES OF AMERICA.
Availability of Funds
The Government’s obligation for prizes under 10USC2374a is subject to availability of appropriated funds from which payment for prize purposes can be made. No legal liability on the part of the Government or the Merage Institute for any payment of prizes may arise unless appropriated funds are available to the IWTSD for such purposes.