Rules, terms, and conditions

1. Phase 3 of the competition was open to entrants of Phase 2 of the LymeX Diagnostics Prize, by invitation of the competition administrator.
2. Phase 4 of the competition is open to individuals or entities by invitation of the competition administrator.
3. Invitations to participate in Phase 3 or Phase 4 of the competition are made by the competition administrator on the guidance of the judges’ recommendations. 
4. To be eligible to be an entrant in Phase 3 and Phase 4 of the competition, any further individuals, groups, or entities must be invited to compete at the discretion of the competition administrator, and through the formal invitation of competition administrator.
5. Invitees to participate will be required to meet conditions of entry provided upon invitation, and all other rules, terms and conditions of the competition.

To be eligible to win a prize under the competition, an entrant (whether an individual, group of individuals, or entity) —

1. Shall have registered to participate in the competition under the rules promulgated by the competition administrator;
2. Shall have complied with all the requirements set forth in this announcement;
3. In the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States. However, non-U.S. citizens and non-permanent residents can participate as a member of a team that otherwise satisfies the eligibility criteria. Non-U.S. citizens and non-permanent residents are not eligible to win a monetary prize (in whole or in part). Their participation as part of a winning team, if applicable, may be recognized when the results are announced.
4. May not be a director, officer, owner, or employee of the Steven & Alexandra Cohen Foundation, Digital Harbor Foundation, Luminary Labs, HHS, or any HHS contractors participating in LymeX or any family member of the same;
5. May not be a judge of the competition, or any other party involved with the design, production, execution, or distribution of the competition or the family members of such a party.

1. Submissions must not infringe upon any copyright or any other intellectual property or other rights of any third party or violate applicable laws.
2. By participating in the competition, each entrant (whether an individual, group of individuals, or entity) agrees to assume any and all risks and waive claims against Luminary Labs and the Digital Harbor Foundation, 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 the competition, whether the injury, death, damage, or loss arises through negligence or otherwise.
3. Based on the subject matter of the competition, the type of work that it will possibly require, as well as an analysis of the likelihood of any claims for death, bodily injury, property damage, or loss potentially resulting from competition participation, no entrant (whether an individual, group of individuals, or entity) participating in the competition is required to obtain liability insurance or demonstrate financial responsibility in order to participate in the competition.
4. By participating in the competition, each entrant (whether an individual, group of individuals, or entity) agrees to indemnify the Steven & Alexandra Cohen Foundation (and its directors, officers, and employees), the Digital Harbor Foundation (and its directors, officers, and employees) Luminary Labs, L.L.C. (and its directors, officers, and employees), and HHS (and its directors, officers, and employees) against third party claims for damages arising from or related to competition activities.
5. By participating in the competition, each entrant (whether an individual, group of individuals, or entity) warrants that they are the sole author or owner of, or has the right to use, any copyrightable works that the submission comprises, that the works are wholly original with the entrant (or is an improved version of an existing work that the entrant has sufficient rights to use and improve), and that the submission does not infringe any copyright or any other intellectual property or other rights of any third party, and will not breach any confidentiality or contractual obligation. In addition, each entrant grants to the Steven & Alexandra Cohen Foundation, Luminary Labs, Digital Harbor Foundation and HHS an irrevocable, perpetual, paid-up, royalty-free, transferable, sublicensable, non-exclusive worldwide license to reproduce, publish, post, link to, share, and display publicly (e.g., on websites) and distribute the abstract of the submission and any other non-proprietary submission content and supporting material on the web or elsewhere in any media in furtherance of the Steven & Alexandra Cohen Foundation’s charitable mission. Each entrant will retain all other intellectual property rights in their submissions, as applicable. To participate in the competition and by making a submission, each entrant warrants that there are no legal obstacles to providing the above-referenced nonexclusive licenses of the entrant’s rights to the Steven & Alexandra Cohen Foundation, Luminary Labs, Digital Harbor Foundation, and HHS, and that use by Steven & Alexandra Cohen Foundation, Luminary Labs, Digital Harbor Foundation, and HHS of the submission as described in these Rules will not require the payment of any fees or royalties to any third party. To receive an award, entrants will not be required to transfer their intellectual property rights to any party, but entrants must grant to the Steven & Alexandra Cohen Foundation, Luminary Labs, Digital Harbor Foundation, and HHS the nonexclusive licenses recited herein by executing any additional instruments as may be reasonably requested to effectuate such licenses and warranties set forth in these Rules.
6. The competition administrator reserves the right, in their sole discretion, to (a) cancel, suspend, or modify the competition, and/or (b) not award any prizes if no entries are deemed worthy.
7. Each entrant (whether an individual, group of individuals, or entity) agrees to follow all applicable federal, state, and local laws, regulations, and policies.
8. Each entrant (whether an individual, group of individuals, or entity) participating in the competition must comply with all terms and conditions of the rules, and participation in the competition constitutes each such entrant’s full and unconditional agreement to abide by the rules. Winning is contingent upon fulfilling all requirements herein.

The following rules complement and further specify the requirements and terms defined in the announcement.

1. Entrants to the competition agree to be bound by the rules of the competition, agree that the winner selection decisions for the competition are final and binding, and that they are responsible for identifying and marking all business confidential and proprietary information in their submissions.
2. Entrants are free to discuss their submissions and their ideas or technologies that it contains with other parties, are encouraged to share ideas/technologies publicly, are encouraged to collaborate or combine with other teams to strengthen their solutions, and are free to contract with any third parties. Entrants should be aware that any agreement signed or obligation undertaken in regard to their participation in the competition that conflicts with the rules may result in disqualification of the entrant’s submission.
3. Entrants selected as monetary prize winners must submit all required taxpayer identification and bank account information required to complete an electronic payment of the monetary prize. Failure to provide the competition administrator with required documents for electronic payment within 30 days of notification by the competition administrator will result in a disqualification of the winning entry.
4. Entrants in the competition agree, as a condition for winning a monetary or non-monetary prize, to complete and submit all required winner verification documents to the competition administrator within 3 days of notification. Failure to return all required verification documents per return instructions by the date specified in the notification may be a basis for disqualification of the winning entry.
5. Entrants to the competition must agree and consent, as a condition for receiving a monetary or non-monetary prize, to the use of their name, affiliation, city and state, likeness or image, comments, and a short synopsis of their winning solution as a part of the promotion of this competition.
6. Entrants must own or have access at their own expense to a computer, an Internet connection, and any other electronic devices, documentation, software, or other items that entrants may deem necessary to create and enter a submission.
7. Use of Marks: Except as expressly set forth in the rules, entrants shall not use the names, trademarks, service marks, logos, insignias, trade dress, or any other designation of source or origin subject to legal protection, copyrighted material or similar intellectual property (“Marks”) of the Luminary Labs, Digital Harbor Foundation, Steven & Alexandra Cohen Foundation, HHS, or other competition partners, sponsors, or collaborators in any way without such party’s prior written permission in each instance, which such party may grant or withhold at its sole and absolute discretion.
8. Individuals with disabilities who need accommodation or auxiliary aid in connection with the submission process should contact the person listed under “For Further Information Contact” in this announcement at least one week prior to the submission deadline. Entrants who use a TDD or a TTY may call the Federal Relay Service (FRS), toll free, at 1-800-877-8339. If an accommodation or auxiliary aid to an individual with a disability is provided in connection with the submission process, the submission remains subject to all other requirements and limitations set forth in this announcement.

By participating in the competition, each entrant hereby irrevocably grants to Luminary Labs, Digital Harbor Foundation, Steven & Alexandra Cohen Foundation, and HHS the worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right to use their name, affiliation, city and state, likeness or image, biography and a short synopsis of their winning solution as a part of the promotion of this competition.

The competition administrator reserves the right in their discretion to disqualify any entrant who is found to be tampering with the entry process or the operation of the competition, the competition website, or other competition-related websites; to be acting in violation of the rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the competition; or to annoy, abuse, threaten, or harass any other person; and the competition administrator reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.

The competition website may contain links to third-party websites that are not owned or controlled by the Luminary Labs, Digital Harbor Foundation, Steven & Alexandra Cohen Foundation, or HHS, and the foregoing parties do not endorse or assume any responsibility for any such third-party sites. If you access a third-party website from the competition website, you do so at your own risk and expressly release Luminary Labs, Digital Harbor Foundation, Steven & Alexandra Cohen Foundation, and HHS from any and all liability arising from use of any third-party website content.

Attempts to notify winner(s) will be made using the email address associated with the Team Lead’s email account used to register on the competition platform. Luminary Labs is not responsible for email or other communication problems of any kind (nor is Digital Harbor Foundation, Steven & Alexandra Cohen Foundation, or HHS). If, despite reasonable efforts, a potential winner does not respond within three days of the first notification attempt regarding selection as a winner (or a shorter time as exigencies may require), or if the notification is returned as undeliverable to such entrant, that entrant may forfeit the entrant’s winner status and any associated prizes, and an alternate winner may be selected. If any potential winner is found to be ineligible, has not complied with the rules, or declines the applicable prize for any reason prior to award, such potential winners will be disqualified, and alternate winners may be selected.

Each entrant also warrants that their submission is free of security threats and malware or malicious code.

Each entrant must clearly delineate any confidential commercial or financial information or any trade secret contained in a submission that the entrant wishes to protect as proprietary data or information, or as a trade secret.

Any confidential commercial or financial information, or trade secret contained in a submission must be clearly designated at the time of submission.

If the submission includes any third party intellectual property (such as third party content or open source code), the entrant must note such third party intellectual property in the submission and be able to provide, upon request at any time, documentation of all appropriate licenses and releases for use of such third party intellectual property. If the entrant cannot provide documentation of all required licenses and releases, the competition administrator reserves the right, at their sole discretion, to disqualify the submission.

Each entrant grants HHS, the Steven & Alexandra Cohen Foundation, Luminary Labs, and Digital Harbor Foundation the intellectual property licenses set forth above in the rules. 

The competition administrator reserves the right to modify any dates or deadlines set forth in the announcement.

The competition administrator reserves the right to cancel, suspend, and modify the competition, or any part of it, for any reason, at their sole discretion and reserve the right not to award any prizes if no entries are deemed worthy.

By participating in the competition, each entrant hereby agrees that:

1. The Luminary Labs, Digital Harbor Foundation, Steven & Alexandra Cohen Foundation, and HHS  (and their respective directors, officers, and employees, agents and representatives) (together the “Released Parties”), shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the competition or any competition-related activity, or from a entrant’s acceptance, receipt, possession, use, or misuse of any monetary prize.
2. The entrant, on behalf of the entrant, and the entrants’ successors, heirs, and executors, as applicable, expressly and irrevocably release the Released Parties from any claims of any nature, known or unknown, that the entrant may have or ever may have, arising out of entrant’s participation in the competition, any competition-related activity, or from entrant’s acceptance, receipt, possession, use, or misuse of any monetary prize. To the extent applicable, the entrant expressly waives all rights and benefits that the entrant may have under California Civil Code Section 1542 which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor” or similar law of any other jurisdiction. The entrant will indemnify, defend, and hold harmless the Released Parties (and their respective directors, officers, and employees) from and against all third-party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to, or arising from, the entrant’s participation in the competition.
3. Without limiting the generality of the foregoing, the Released Parties are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, cable transmissions or other communications; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
4. The rules cannot be modified except by the competition administrator. The invalidity or unenforceability of any provision of the rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

Entrants are required to identify and address privacy and security issues in their proposed projects and describe specific solutions for meeting them. In addition to complying with appropriate policies, procedures, and protections for data that ensures all privacy requirements and institutional policies are met, use of data should not allow the identification of personally identifiable information from the individual from whom the data was collected.

Entrants are responsible for compliance with all applicable federal, state, local, and institutional laws, regulations, and policies. These may include, but are not limited to, Health Information Portability and Accountability Act (HIPAA) protections, HHS Protection of Human Subjects regulations, and Food and Drug Administration (FDA) regulations. If approvals (e.g., from an Institutional Review Board) will be required to initiate any activities associated with submission development in the competition, it is recommended that entrants apply for approval at or before that phase’s submission deadline. The following links are intended as a starting point for addressing potentially applicable regulatory requirements but should not be interpreted as a complete list of resources on these issues:

HIPAA
Main link: http://www.hhs.gov/ocr/privacy/index.html.
Summary of the HIPAA Privacy Rule: https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html.
Summary of the HIPAA Security Rule: https://www.hhs.gov/hipaa/for-professionals/security/laws-regulations/index.html.

Human Subjects—HHS
Office for Human Research Protections: http://www.hhs.gov/ohrp/index.html.
Protection of Human Subjects Regulations:http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html.
Policy & Guidance: https://www.hhs.gov/ohrp/regulations-and-policy/regulations/45-cfr-46/index.html.
Institutional Review Boards & Assurances: https://www.hhs.gov/ohrp/irbs-and-assurances.html.

Human Subjects—FDA
Clinical Trials: https://www.fda.gov/science-research/science-and-research-special-topics/clinical-trials-and-human-subject-protection.
Office of Good Clinical Practice: https://www.fda.gov/science-research/clinical-trials-and-human-subject-protection/regulations-good-clinical-practice-and-clinical-trials.
Consumer Protection—Federal Trade Commission
Bureau of Consumer Protection: https://www.ftc.gov/business-guidance/privacy-security

The failure of the competition administrator to exercise or enforce any right or provision of the rules shall not constitute a waiver of such right or provision.

All issues and questions concerning the construction, validity, interpretation, and enforceability of the rules shall be governed by and construed in accordance with the laws of the State of New York. Any actions or proceedings of any kind relating hereto will be instituted and prosecuted solely in the courts of the State of New York or the United States Federal District Court in the Southern District of New York, and each party agrees to submit to the jurisdiction of any such court.

By participating in the competition, each entrant hereby agrees that occasionally the competition administrator may also use the entrant’s personally identifiable information to contact the entrant about federal competition and innovation related activities, and entrant consents to such use and acknowledges that the entrant has read and accepted the Privacy Policy published on the competition website.

Please review the Luminary Lightbox Terms of Service at https://www.luminarylightbox.com/terms-and-conditions for additional rules that apply to your participation in the competition and more general use of the competition website. Such Terms of Service are incorporated by reference into the rules. If there is a conflict between the Terms of Service and the rules, the latter terms shall control with respect to this competition only.

Entry in the competition constitutes the entrant’s full and unconditional agreement to the rules. By entering, an entrant agrees that all decisions related to the competition that are made pursuant to the rules are final and binding, and that all such decisions are at the sole discretion of the competition administrator.

Personal information collected from entrants to the competition is subject to the competition platform Privacy Policy located here: https://www.luminarylightbox.com/privacy-policy.

To obtain a list of winners (after the conclusion of the competition) or a copy of these Official Rules, Terms and Conditions, send a self-addressed envelope with the proper postage affixed to: Luminary Labs, 61 Broadway, Suite 2800, New York, NY 10006. Please specify “Winner List” or “Rules, Terms and Conditions” and the name of the specific competition in your request.

Prizes awarded under this competition will be paid by electronic funds transfer and may be subject to Federal income taxes. The competition administrator and the fiscal sponsor will comply with the Internal Revenue Service withholding and reporting requirements, where applicable.

The rules, terms, and conditions for Phase 1 and 2 of the Lyme X Diagnostics Prize can be found on challenge.gov through this link.