Terms of Participation

Health+ SCD Healthathon

September 2020

Participation in this Healthathon constitutes your full and unconditional agreement to these terms and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Healthathon. Winning a prize is contingent upon fulfilling all requirements set forth herein (the “Terms”).

Eligibility. The Health+ SCD Healthathon (the “Healthathon”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old. Employees of &Partners, Pistis, LLC, and the U.S. Department of Health and Human Services, agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible. The Healthathon is subject to all applicable federal, state, and local laws and regulations and is void where any aspect of the Healthathon is prohibited or otherwise restricted by law.

In order to compete for prizes, participants must submit a proposed solution to the Healthathon challenge and give a presentation to the Administrator at the Healthaton finale in accordance with these Terms (the proposed solution and presentation comprises a participant’s “Submission” to the Healthathon).

Administrator and Sponsor. The Administrator of the Healthathon is PRTNRS, LLC (dba &Partners), located at 1200 18th Street NW, Suite 700, Washington, DC 20036 (the “Administrator”). The Sponsors of the Healthathon are the Health and Human Services Office of the Chief Technology Officer and the Office of the Assistant Secretary for Health (the “Sponsors”) located at 200 Independence Avenue SW, Washington, DC 20201. The Administrator and Sponsors of this Healthathon are known as the “Organizers.”

Registration and Healthathon Timing. Participants may register for the Healthathon by 5pm PST on Friday, September 4th. The Healthathon begins on September 7, 2020 at 6am Pacific Daylight Time and ends on Friday, September 18 at 11:59:59 PM Pacific Daylight Time.

Submission Guidelines. The Submission must not:

Contain privileged or confidential information, any material non-public information about any company, or any other information that entrant does not wish to make available for public viewing;
Contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or constitute copyright infringement;
Disparage the Organizers or any other person or party affiliated with the Healthathon;
Contain brand names or trademarks other than those owned by you, owned by the Organizers, or which entrant has a sufficient license to permit the use in entrant’s Submission in this Healthathon;
Contain images or artwork not created, licensed, or owned by you;
Contain material that is unlawful, indecent, obscene, hateful, tortious, defamatory, or otherwise inappropriate, as determined by either Administrator or Sponsor in its sole discretion.
Falsely state or misrepresent any affiliation with any person or entity;
Endorse any religious or political cause or candidate;
Contain any personally identifying information about participant or any other person;
Depict any minor; and
Contain any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software or network.

The Organizers reserve the right, in their sole and absolute discretion, to refuse to accept any Submission for any reason.

Intellectual Property. All intellectual property rights, including rights and ownership of original products, code, ideas, patents or other work that was previously created by entrants or developed by entrants during the Healthathon (hereinafter “Participant Intellectual Property”) are, and shall remain the sole and exclusive property of the respective owners. Notwithstanding the foregoing, Participant Intellectual Property created by employees of the U.S. government who attend or participate in the Healthathon in the course of their official duties shall be deemed in the public domain and such employee shall retain no copyright to their Participant Intellectual Property. The Organizers agree not to claim any ownership in or to Participant Intellectual Property, except as otherwise stated in these Terms, or by future written agreement between the applicable parties. Providing a Submission constitutes a participant’s agreement to grant the Organizers, and their respective designees a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, participant’s will sign any documentation that may be required for Administrator, Sponsor, or their respective designees to make use of the non-exclusive rights participant is granting to use the Submission. Participants agree to publish their Participant Intellectual Property and related data on GitHub (for code) and/or Crowdicity (for everything else) no later than the conclusion of the Healthathon.

Confidentiality. During the Healthathon, the Organizers may include materials and information belonging to or in the possession of the Organizers that is not generally known to the public and which the Organizers consider confidential. Confidential materials as described herein may include, without limitation, all information, technical data, or know-how provided to participants as part of the Healthathon, including without limitation, that which relates to research, products, personnel, contractors, suppliers and customers, software, services, development, concepts, ideas, inventions, processes, designs, drawings, models, prototypes, engineering, marketing, business strategies and shall further include, without limitation, all information marked "confidential" by the Organizers (the “Confidential Materials”). Confidential Materials may be conveyed in written, graphical, physical or oral form. PARTICIPANTS HEREBY AGREE TO AND WILL HOLD IN CONFIDENCE AND USE A REASONABLE DEGREE OF CARE TO PRESERVE THE CONFIDENTIALITY OF THE CONFIDENTIAL MATERIALS PROVIDED UNDER THE AGREEMENTS. For purposes hereof, Confidential Materials does not include information that: (i) at the time of disclosure, is in the public domain; (ii) after disclosure, becomes part of the public domain, except by breach of these Terms by participant; (iii) participant can establish by competent proof was in participant’s possession and at free disposal at the time of disclosure by the Organizers and was not acquired, directly or indirectly, from the Organizers (or an affiliate thereof); or (iv) participant obtains from a third party (other than the Organizers or an affiliate thereof); provided, however, that such information was not obtained by said third party, directly or indirectly, from the Organizers (or an affiliate thereof) under an obligation of confidentiality. PARTICIPANTS HEREBY AGREE TO PROMPTLY RETURN TO ORGANIZERS ALL CONFIDENTIAL MATERIALS PROVIDED IN WRITING OR IN ANY OTHER TANGIBLE FORM AT THE CONCLUSION OF THE HEALTHATHON AND FURTHER AGREE TO NOT RETAIN ANY COPIES OF ANY CONFIDENTIAL MATERIALS.

Data Privacy. Data collected from participants is governed by the privacy policy here.

Release and Indemnity; Limitation of Liability. By participating in the Healthathon, participants agree to release, indemnify and hold harmless the Organizers and their respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, any participation in the Healthathon or receipt or use or misuse of any prize, including: (a) claims that participant’s Submission violates any copyrights, patents, trademark rights, publicity rights, privacy rights or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit, participant’s Submission; (c) claims arising from any breach or alleged breach by participant of these Terms, or any act or omission by any member of a participant’s team, if applicable, that would constitute such a breach or alleged breach if undertaken by participant; (d) claims of misappropriation of ideas or other intellectual property; (e) claims arising from any technical errors or printing errors; (f) claims arising from unauthorized human intervention in the Healthathon; (g) claims arising from lost, late, postage-due, misdirected or undeliverable mail or email; (h) claims arising from errors in the administration of the Healthathon or the processing of entries or Submissions; and (i) claims arising from injury, death or damage to persons or property. The Released Parties are not responsible for any unauthorized third party use of any Submission or Participant Intellectual Property. The Released Parties make no representations or warranties of any kind, express or implied, regarding any prize. IN NO EVENT WILL ORGANIZERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE HEALTHATHON, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

General Conditions. The Healthathon is void where prohibited by law. The Organizers reserve the right to cancel, suspend and/or modify the Healthathon, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Healthathon, as determined by the Organizers in their sole discretion. If terminated, the Organizers may, in their sole discretion, determine the winners from among all eligible Submissions received up to time of such action using the judging procedure outlined above. The Organizers, in their sole discretion, reserve the right to disqualify any participant (and any team to which such participant belongs) it finds to be tampering with the operation of the Healthathon or to be acting in violation of the Terms or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Healthathon may be a violation of criminal and civil law, and, should such an attempt be made, the Organizers reserve the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Administrator’s or Sponsors’ failure to enforce any term of these Official Contest Rules shall not constitute a waiver of that or any other provision. Participants agree that except where prohibited, participation in the Healthathon constitutes participants consent to the Organizers’ use of a participant’s name, likeness, photograph, audio or visual recording, opinions and/or hometown and state for promotional purposes in any media, worldwide, without payment or consideration. Nothing herein shall constitute an employment, joint venture, or partnership relationship between Participant and Sponsor. Participants agree to abide by the Healthathon Code of Conduct found here.
Disputes. These terms of participation and this Healthathon are governed by the law of the District of Columbia without reference to rules governing choice of laws. Any action, suit, or proceeding arising out of, or in connection with this Healthathon must be brought in either the federal or state courts located in Washington, DC.

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