Terms and Conditions
These Terms and Conditions (“Terms”) apply to the Launch Challenge sponsored by the Defense Advanced Research Projects Agency (DARPA) (the "Challenge"). Please read these Terms carefully as they form a binding legal agreement between you and the Challenge Sponsor. As owner of this website, DARPA may revise the Terms at any time by posting an updated version to this website without notice.
CHALLENGE SPONSOR: Defense Advanced Research Projects Agency (DARPA) is sponsoring the Launch Challenge under the authority granted in 10 U.S.C. 2374(a).
CHALLENGE HOST "Challenge Website": www.darpalaunchchallenge.org
YOU MAY NOT SUBMIT AN ENTRY TO A CHALLENGE UNLESS YOU AGREE TO THESE TERMS. YOUR SUBMISSION OF AN ENTRY IN THE LAUNCH CHALLENGE CONSTITUTES YOUR AGREEMENT TO THE CHALLENGE TERMS AND CONDITIONS. YOUR SUBMISSION OF AN ENTRY CONSTITUTES A CONTRACT BETWEEN YOU AND THE U.S. GOVERNMENT.
1. Challenge Structure.
1.1 Overview. The Challenge requires participants is to develop a small launch system that is flexible and responsive.
1.2 Guidelines and Rules. The Challenge will provide Guidelines and Rules that describe how to participate in the Launch Challenge. Guidelines and Rules will be posted to the Challenge Website.
(A) Applications submitted after the applicable deadline will not be accepted.
1.3 Communications. All communications between DARPA and you, including the Challenge Website and email communications, will be in English.
1.4 Modifying the Challenge. DARPA may cancel or modify the structure, location, and times of the Challenge to run the Challenge in accordance with these Terms or to prevent an unfair result.
2. Eligibility and Disqualifications.
2.1 ELIGIBILITY. The DLC is open to all teams and institutions, subjects to the caveats below.
(A) All participants under 18 years of age require the authorization by a parent or guardian.
(B) The following individuals and organizations are not eligible to participate in the DLC:
• Individual, organization or sponsor that is named in the Specially Designated Nationals list of the U.S. Department of Treasury.
• Residents of Iran, North Korea, Sudan, Syria, or other countries prohibited on the U.S. State Department State Sponsors of Terrorism list (due to OFAC restrictions), and where prohibited by law.
• Federal employees, including DARPA employees and DARPA support contractors and their spouses, dependents, and household members are not eligible to participate in the DLC. Federal employees and contractors acting outside the scope of their employment should consult their ethics official and appropriate management before participating in the DLC.
(A) You may be disqualified from the Challenge and forfeit any prizes you may be eligible to receive if DARPA reasonably believes that you have attempted to undermine the legitimate operation of the Challenge, including:
(1) Providing false information about yourself during registration or concerning your eligibility;
(2) Breaching or refusing to comply with these Terms;
(3) Tampering or interfering with administration of the Challenge or with the ability of other participants to participate in the Challenge;
(4) Determinations that you have failed to comply with the Challenge Guidelines and/or Rules.
(5) Submitting content that:
(a) violates the rights of a third party,
(b) is lewd, obscene, pornographic, racist, sexist, or otherwise inappropriate to the Challenge, or
(c) violates any applicable law; or
(d) violates the U.S. Department of Defense Social Media User Agreement at http://www.defense.gov/socialmedia/terms-of-service.aspx (the "Agreement"). Using discussion forums connected with the Challenge constitutes your agreement to comply with the Agreement.
(B) Threatening or harassing other participants or DARPA, including their employees and representatives. Harassing behavior includes, offensive, threatening, and/or hateful comments directed toward an individual or protected class (gender, sexual orientation, disability, gender identity, age, race, religion, ethnicity, veteran status), the use or display of sexual images in public spaces, deliberate intimidation, stalking, following, taking unwelcome photos/videos, sustained disruption of talks or other events, inappropriate physical contact, unwelcome sexual attention, and developing and/or promoting any applications designed to encourage any of these behaviors.
(C) The U.S Government reserves the right to disqualify anyone who brings discredit to the U.S. Government or whose actions could reasonably be expected to do so. This includes associations with an organization that might bring discredit to the United States Government, such as hacker groups.
2.3 Verifying Eligibility. DARPA reserves the right to verify your eligibility and to adjudicate on any dispute at any time. You agree to provide DARPA with any proof of eligibility requested by DARPA and your refusal or failure to provide such proof within 10 days of DARPA’s request will result in your disqualification from the Challenge and forfeiture of any prizes.
2.4 Reporting. You may report to DARPA any harassment, cheating, or violation of these Terms by another participant. DARPA may investigate any such allegations and all decisions by DARPA in these matters are final and binding. If you are asked to stop any harassing behavior, you are expected to comply immediately.
3. Rules, Ranking Participants, Prizes.
3.1 All Challenge Rules posted on www.darpalaunchchallege.org are binding under the Challenge Terms & Conditions
(A) Prize information will be provided in the Launch Challenge Rules and on the Launch Challenge website..
(B) Winners will be awarded cash prizes as a result of the Challenge under the authority granted in 10 U.S. Code § 2371b, as amended.
(C) The Government's obligation for prizes under the DARPA Launch Challenge is subject to the availability of appropriated funds from which payment for prize purposes can be made. No legal liability on the part of the Government for any payment of prizes may arise unless appropriated funds are available to DARPA for such purposes.
3.3 Requirements to Win Prizes.
(A) To receive a monetary prize, participants must provide a U.S. social security or taxpayer identification number (TIN). Information on how to obtain a TIN is available on the U.S. Internal Revenue Service website at www.IRS.gov
(B) The Government reserves the right to withhold prizes to ineligible and disqualified individuals.
3.4 Notice of Winners and Results of Challenge.
(A) Announcement of Winners. The results of the three competitions will be posted on the Challenge Website after their completion. Posted results will include a list of the participants' names in ranked order based on their scores.
4. Ownership, Rights in Your Submissions, Privacy.
4.1 Ownership of Submissions. You retain all rights to your submissions.
(A) How DARPA May Use Your Information.
(1) DARPA will use the information you provide during registration and in any subsequent communications to administer the Challenge (including verifying your eligibility to participate in the Challenge and delivering prizes).
(2) Sharing Your Information. Your Team name you create during registration may be displayed publicly on the Challenge Website. If you win a prize, DARPA may share your Team name and address with third parties to fulfill awarding a prize to you.
(3) Accessing Your Information. You may access, review, and update any of your personal data held by DARPA in connection with the Challenge by emailing DARPA via the contact information listed on the Challenge website.
5. Your Representations, Warranties, Indemnities.
5.1 Representations and Warranties. You represent and warrant that:
(A) the information you provide about yourself while registering or in subsequent communications with DARPA is truthful and accurate;
(B) except as permitted by these Terms, your submissions to the Challenge are original and not created with the assistance of any information about the problems not provided by DARPA;
(C) you own all rights in your submissions or otherwise have the right to submit your submissions to DARPA in these Terms without violating any rights of any other person or entity or any obligation you may have with them; and
(D) your submissions do not violate any applicable laws.
5.2 Indemnities. You will indemnify DARPA and its 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 to the extent arising from:
(A) your acts or omissions in relation to the Challenge (including your use or acceptance of any prize and your breach of these Terms); and
(B) your submissions violating any rights of any other person or entity or any obligation you may have with them.
6.1 THE CHALLENGE WEBSITE AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DARPA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS OR IMPLIED), INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DARPA IS 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.
6.2 REFERENCE HERIN 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 UNITED STATES GOVERNMENT.
7.1 Not an Offer or Contract Of Employment.
(A) You acknowledge that your participation is voluntary.
(B) You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and DARPA and that no such relationship is established by your submission of an entry to the Challenge.
(C) You understand and agree that nothing in these Terms, any Rules, a submission into the Challenge, or an award of a prize may be construed as an offer or contract of employment with DARPA.
7.2 Severability. If any term (or part of a term) of these Terms is invalid, illegal or unenforceable, the rest of the rules will remain in effect.
7.3 Translations. In the event of any discrepancy between the English version of these Terms and a translated version, the English version will govern.
7.4 Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE GOVERNED BY LAWS OF THE UNITED STATES OF AMERICA.