Elmridge Protection Products has been named the grand prize Challenge winner and will be awarded the $100,000 prize!
In January 2020, three finalist teams participated in an on-site event to demonstrate their prototypes before a panel of judges. DHS S&T awarded Elmridge Protection Products, LLC the grand prize of $100,000 for their solution. Learn more about the finalists and their technology solutions below.
To ensure fairness, once a valid application has been submitted for assessment, a minimum of five reviewers will grade each submission. Those reviewers will offer both scores and comments against each of four distinct traits. Each trait will be scored on a 0-5 point scale, in increments of 0.1. Those scores will combine to produce a total normalized score. Examples of possible scores for a trait are… 1.4, 3.7, etc.
The most straightforward way to ensure that everyone is treated by the same set of standards would be to have the same reviewers score every application; unfortunately, due to the number of applications that we may receive, that is not possible.
Since the same reviewers will not score every application, the question of fairness needs to be explained carefully. One reviewer scoring an application may take a more critical view, giving any assigned team a range of scores only between 1.0 and 2.0, as an example; meanwhile, another reviewer may be more generous and want to score every submission between 4.0 and 5.0.
For illustrative purposes, let’s look at the scores from two hypothetical reviewers:
The first reviewer is far more generous, as a scorer, than the second reviewer, who gives much lower scores. If your application was rated by the first reviewer, it would earn a much higher total score than if it was assigned to the second reviewer.
We have a way to address this issue. We ensure that no matter which reviewers are assigned to your team, each application will be treated fairly. To do this, we utilize a mathematical technique relying on two measures of distribution, the mean and the standard deviation.
The mean takes all the scores assigned by a reviewer, adds them up, and divides them by the number of scores assigned, giving an average score.
Formally, we denote the mean like this:
The standard deviation measures the “spread” of a reviewer’s scores. As an example, imagine that two reviewers both give the same mean (average) score, but one gives many zeros and fives, while the other gives more ones and fours. It wouldn't be fair, if we didn’t consider this difference.
Formally, we denote the standard deviation like this:
To ensure that the scoring process is fair, we rescale all the scores to match the population of reviewers. In order to do this, we measure the mean and the standard deviation of all scores across all reviewers. Then, we change the mean score and the standard deviation of each reviewer to match.
We rescale the standard deviation like this:
Then, we rescale the mean like this:
Basically, we are finding the difference between both distributions for a single reviewer and those for all of the reviewers combined, then adjusting each score so that no one is treated unfairly according to which reviewers they are assigned.
If we apply this rescaling process to the same two reviewers in the example above, we can see the outcome of the final resolved and normalized scores. They appear more similar, because they are now aligned with typical distributions across the total population of reviewers.
We are pleased to answer any questions you have about how we seek to ensure a level playing field for every team. Please REGISTER today and join our discussion forums, where you can ask questions or seek clarification.
Thank you for your interest in the Escape Respirator Challenge (the “Competition”). The Competition is sponsored by the Department of Homeland Security Science and Technology Directorate with platform support provided by RAMPIT. Please know that by participating in this Competition and in accordance with these Rules you are eligible to receive various forms of recognition and a possible award from Common Pool, LLC, of up to $50,000 as a Finalist and another award of $100,000 as a Winner. The Rules governing this Competition ("RULES") are stated here as an extension of the Terms & Conditions ("TERMS") for use of this website. The full TERMS are available for your review by accessing them on this website. The RULES constitute "Competition Terms and Conditions" under Clause 2.3 of the Terms. Capitalized words used but not defined in the RULES have meanings given to them in the TERMS.
Please read these RULES and the TERMS carefully, as they describe the conditions under which you are allowed to participate. As you participate, you may periodically be asked to recognize your acceptance of these RULES and the Terms by clicking "accept" at various pages on this website, but by continuing any use of this website you expressly consent to all of these RULES and the TERMS.
SUBMISSION OF AN ENTRY IN THE ESCAPE RESPIRATOR CHALLENGE CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE RULES.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.
The Department of Homeland Security Science and Technology Directorate welcomes applications from individuals, teams, and organization or entities that have a recognized legal existence and structure under applicable law (State, Federal or Country) and that are in good standing in the jurisdiction under which they are organized.
U.S. government employees may participate so long as they rely on no facilities, access, personnel, knowledge or other resources that are available to them as a result of their employment except for those resources available to all other participants on an equal basis.
U.S. government employees participating as individuals, or who submit applications on behalf of an otherwise eligible organization, will be responsible for ensuring that their participation in the Competition is permitted by the rules and regulations relevant to their position and that they have obtained any authorization that may be required by virtue of their government position. Failure to do so may result in the disqualification of them individually or of the entity which they represent or in which they are involved.
Registered competitors shall be responsible for the actions of and compliance with the rules by their employees, subcontractors, officers, owners, and other affiliated persons.
Federal entities or Federal employees acting within the scope of their employment are not eligible to win an award.
An individual or entity that is determined to be on the GSA Excluded Parties List (www.sam.gov) is ineligible to participate, receive a monetary or non-monetary prize award, and will not be selected as a Prize Competition winner.
If you/entity/team/organization are a resident or entity designated by the United States Treasury’s Office of Foreign Assets Control, you are not eligible. (See www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx for additional information.)
Employees of the Department of Homeland Security Science and Technology Directorate, Common Pool, RAMPIT, and any of their subsidiaries and affiliates, and immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, are not eligible.
The following Participants (including any individuals participating as part of a team or entity) are not eligible to win a monetary prize regardless of whether they meet the criteria set forth above:
No U.S. government funds may be used to prepare your submission.
If a team of individuals and/or entities is selected as a Finalist or Winner, one payment will be made to the person who registered the team and submitted the application. That person is responsible for ensuring the award funds are appropriately distributed to each member of the team.
If an organization is selected as a Finalist or Winner, one payment will be made to the person who registered the organization and submitted the application. You warrant that the appropriate officers, executives, managers, or other persons who have the authority to approve participation in this competition have approved Your Entry and You understand that these terms will be binding on both You and your Entity. Furthermore, You understand that if You enter without obtaining the appropriate approval, the Department of Homeland Security may, in its sole discretion, disqualify your Entry. Finally, if an entity is selected to receive an award, an officer or person entitled to bind the entity will be required to validate that You are entitled to receive the award on the behalf of the entity and the officer or person entitled to bind the entity must provide the appropriate information for payment of the award.
Each application should reflect the anticipated ownership, use, and licensing of any intellectual property. You represent and warrant that your Entry is an original work created solely by You, that You own all Intellectual Property in and to the Entry, and that no other party has any right, title, claim or interest in the Entry, except as expressly identified by You to us in writing in Your application.
You retain all right, title, and interest in any inventions, software or work of authorship You invent or create. The ownership and use of intellectual property arising from this competition remains with You, including, if any, the ideas, concepts, inventions, data, and other materials submitted in the Competition. By entering the Competition, You agree to grant to the United States Government an irrevocable, paid-up, royalty-free, world-wide license for the Government to use, modify, reproduce, release, or disclose for Governmental purposes the data and materials that are generated in connection with this prize competition. A Governmental purpose is any activity in which the United States Government participates, but does not include the right to use, or have or permit others to use, modify, reproduce, release, or disclose data for commercial purposes.
7.1 Your application must be in English.
7.2 You must complete registration to participate in the Competition. Individuals must be 18 years of age or older at the time of entry to participate either individually or by representing an applicant organization. You cannot reside in nor be governed by countries that are prohibited by law, regulation (including United States or other applicable export laws and regulations), treaty or administrative act from entering into trade relations (including export of technology) with the United States of America or its citizens.
7.3 Your Entry should meet the application requirements stipulated on this website. You are required to register in advance of any deadlines for the submission of an Entry, and You must comply with all other deadlines posted on this website. Your Entry may not, in the sole and unfettered discretion of the Department of Homeland Security and/or RAMPIT, contain obscene, provocative, defamatory, or otherwise objectionable or inappropriate content. the Department of Homeland Security reserves the right to cancel, modify or suspend Competition in whole or in part without liability to You. The Department of Homeland Security and/or RAMPIT also reserves the right to disqualify You from participating.
7.4 By participating in the Competition, You represent, warrant, and agree that:
7.5 You may participate by registering, but You may not register more than one true and uniform identity; multiple registrations for a participant using multiple identities are not allowed. The Department of Homeland Security and/or RAMPIT reserve the right to disqualify any Entry made by a participant violating this limitation, regardless of whether all of the respective parties had knowledge of such violation. You may only submit one Entry.
7.6 The application requirements for your Entry are clearly described on this website. Your Entry will be assessed initially by five reviewers, who will be assigned to score your Entry either randomly or after considering any potential conflicts of interest, using the scoring rubric and any other judging criteria that are also described on this website. In cases where a Judge indicates any potential conflict of interest, the Entry will be assigned to another Judge. Those Judges, each of whom is named on this website, will be responsible for scoring your Entry. The Selection Committee judges are permitted to communicate with Participants solely for the purposes of carrying out due diligence for evaluating your Entry and assigning a score during the review process, but those Judges are not required to contact directly any individual. The judging criteria are to be applied in the sole discretion of the Judges. By participating in the Escape Respirator Challenge, You acknowledge and agree to be bound by the final decision of the Judges.
7.7 Once a rank order of Entries has been calculated, the top three Competitors will be named as Finalists. Finalists will be asked to attend a one-week demonstration period, currently scheduled for the week of January 27, 2020, where they will present and demonstrate their prototype. Finalists may be asked to prepare additional materials in advance or upon the date of the event or shortly thereafter. You will be required to respond to any invitations to attend any events as promptly and as clearly as possible. If a Finalist is unable to attend the demonstration, then they may forfeit their award, and the next Competitor in the rank order of Entries may be named a Finalist in their place.
7.8 The Selection Committee will be present during the demonstration period to review and discuss the Finalists’ prototypes and will determine the Winner using judging criteria that may not incorporate the same scoring rubric employed by the previous assessment.
7.9 While RAMPIT, LLC (“RAMPIT”) is providing an online platform for your participation, RAMPIT is not responsible for the payment of any Award(s). Payment of any Award(s) is the sole responsibility of Common Pool, LLC, and its designees, and under the Terms each participant has agreed to look solely to Common Pool, LLC, for the payment of any Award.
7.10 By submitting your Entry, you agree to release, discharge and hold harmless the Department of Homeland Security, The Common Pool, LLC, and RAMPIT and their partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors and representatives from any Loss arising out of your participation in Competition and the acceptance and use, misuse, or possession of any Award(s). Neither the Department of Homeland Security, The Common Pool, LLC, nor RAMPIT assume responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Competition entries or entry forms; or alteration of entries or entry forms. Neither the Department of Homeland Security, The Common Pool, LLC, nor RAMPIT are responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the Internet or any website, human errors of any kind, or any combination thereof, including any injury or damage to competitors’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to this Competition. In the event of a dispute about the identity of any Competitor, an online registration will be declared as if made by the authorized account holder of the e-mail address submitted at time of entry.
7.11 THIS COMPETITION IS VOID WHERE PROHIBITED. Competitors agree that this Competition shall be subject to and governed by the laws of the United States of America and the forum of any dispute shall be in the courts of the United States of America.
7.12 If for any reason the Competition is not capable of running as planned, due to infection by computer virus, bugs, worms, Trojan horses, denial of service, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of RAMPIT that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, RAMPIT reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the process, and/or to cancel, terminate, modify, or suspend the Competition. If the Department of Homeland Security and/or RAMPIT terminates the Competition, it will not retain any rights in the submitted Entries.
7.13 The Competition Sponsor reserves the right in its sole discretion to disqualify any Competitor who is found to be tampering with the entry process or the operation of the Competition, to be acting in violation of these 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.
7.14 Entry into the Competition does not constitute entry into any other the Department of Homeland Security Science and Technology Directorate competition, Common Pool Competition, RAMPIT competition, or promotion that may be offered by the Competition Sponsor and/or its affiliates.
7.15 The Department of Homeland Security Science and Technology Directorate and/or RAMPIT reserves the right to disqualify any participant who violates these RULES, the Terms and any standards of behavior expressed or implied in them.
7.16 The names of the Finalists and Winner will be posted on this website for such period of time as the Competition Sponsor deems reasonable.
You may contact us with any questions or comments about these RULES. Please enter Escape Respirator Challenge in the subject line of your email. You may reach us at: [email protected]org.
In order to submit a competitive application, we suggest you follow these design guidelines in your application:
The Escape Respirator Challenge, sponsored by the Department of Homeland Security Science and Technology Directorate, invites you to submit ideas to protect end users from aerosolized chemical, biological and radiological (CBR) hazards and allow for safe egress from a smoke-filled and oxygen-deficient environment.
Currently available escape hoods have several shortcomings for all hazards protection. One shortcoming is an inability of some designs to be packaged compactly such that it can be carried discreetly by an individual (e.g., small enough in size to fit conveniently within a suit coat inner pocket). Another shortcoming is the lack of an oxygen delivery mechanism for respiratory protection when worn in an oxygen-deficient environment (e.g., smoke-filled). Current designs have incorporated solutions to one of the above shortcomings, but none have adequate solutions for both problems.
The escape respirator solutions should be capable of being donned rapidly and provide delivery of oxygen for safe egress from smoke-filled, oxygen-deficient, and CBR environments. Although commercial solutions exist, they aren’t small enough to be carried in a coat pocket. Also, the weight is great due to the design and packaging of the current commercial solutions. Be sure to review the Design Guidelines, which contain the specifics for creating a more competitive application.
Please read all of the application requirements before completing each section. All applications must be submitted in English. Portions of your application, including the Proposal Title, Technical Abstract, and Video, may be published on this website; the remainder of your application will only be viewed by prize administrators and judges.
Be sure to review your application as the judges will see it, and confirm your changes have been saved. When you have completed all of the requirements, a message will be displayed on the screen. At that point, you can submit your final application. Once you have submitted the application, you will no longer be able to make changes.
You must submit your application no later than Thursday, May 30, 2019, at 5:00 PM Eastern.
Please provide a title for your proposal. This title may be displayed on the competition website post-submission so please be descriptive.
Provide a brief summary description of the technology you are proposing to either adapt or create to protect an end user against aerosolized chemical, biological and radiological (CBR) hazards and provide delivery of oxygen. Your Technical Abstract should be contained in a single paragraph. Focus on delivering a compelling overview so that the Evaluation Panel members assigned to score your application will want to read more. Therefore, the paragraph should not require any other context to explain clearly your proposed technology. This is your opportunity to make a strong first impression, so make every word count.
Technology Readiness Levels (TRL) are a type of measurement system used to assess the maturity level of a particular technology. Provide the estimated technology readiness level for the technology behind your proposal. We anticipate that most of the proposals submitted will be at TRL 1, TRL 2, or TRL 3.
Describe why you selected the Technology Readiness Level in the previous section. Provide supporting statements that back-up your selection.
The following information is required to capture a basic understanding of the leadership, structure, vision, and capabilities of the people working on this project. Individuals, teams of individuals, and organizations may apply. While government agencies cannot register or apply, individuals affiliated with government agencies can be recognized as part of a team so long as no governmental resources are used to develop the submission or perform actual work leading to prototype.
Describe your or your team’s skills, capacity, and experience to deliver the proposed solution. Be sure to include core competencies and how they apply to your solution, any relevant past projects or experience, and any other additional details that support your ability to deliver a prototype of your solution.
Here’s your opportunity to provide the details of your proposed technology for the Escape Respirator Challenge. Be sure to emphasize how your proposed solution aligns with the four criteria that will be used to assess each valid application (see Scoring Rubric).
Each solution must demonstrate a clear understanding of the problem currently holding back progress on this type of technology and how your approach unlocks the solution. To achieve a deeper understanding of your idea, convince those reviewing your application that you understand the greater context of limited visibility, oxygen-deficient, and CBR environments in which your technology may be used.
Describe the technology that you plan to prototype. How does it meet the goals of the Department of Homeland Security Science and Technology Directorate to protect the end user against aerosolized chemical, biological and radiological hazards? How does it meet the need of being donned rapidly while providing delivery of oxygen for safe egress? Focus on how your technology will meet the Design Guidelines that the Department of Homeland Security Security Science and Technology Directorate dhas identified. If you plan to build on an existing product or technology, describe the baseline and specific changes you intend to make. If you are creating a new technology, provide an explanation for that decision and a summary of the principles of operation.
Build on the overview of your technology, and offer a complementary description of how your technology is suitable for use in limited visibility, oxygen-deficient, and CBR environments. How might end users use your technology to safely egress an environment? Explain your understanding of the necessary operations or tactics critical to overcoming any local implementation challenges.
Describe one or more scenarios of how an end user will use your solution. How quickly would she be able to put on the solution in a low/no light setting? Is there any training that an end user would need in order to use your solution? What does the end user need to do to activity oxygen flow? Be sure to include a description of how your solution will protect a wearer’s eyes, nose, and mouth.
Describe the form factor for your technology. List the packaged and unpackaged size and weight of your solution. What materials will you use to create your solution? How do they meet the heat-resistance and transparency Design Guidelines? Are the materials water resistant? Will the solution be transportable on a commercial aircraft?
Indicate what types of hazards your technology will protect against. We recognize that it may be challenging to deliver a solution that protects against all three types of hazards (chemical, biological, radiation). If there are one or more types of hazards for which your solution is better suited, please describe which ones they are. How does the end user check if the devise is put on properly (e.g., fit test)?
Describe the oxygen delivery system for your solution. Why did you choose this method of delivery? What is the maximum amount of breathable air your solution provides and how long will the air last? Please provide two estimates: one assuming that the end user is an active or stressed state and one assuming the end user is in a resting state.
One of the intended uses of this technology is for end users to carry it with them. As a result, the solution may not be used for some period of time. What is the estimated shelf life of your technology? What range of temperature and humidity will the solution be able to function in? Eventually, we intend for the successful solution to meet National Institute of Occupational Standards and Health (NIOSH) standards with further test and evaluation after challenge completion. How will you plan for meeting these standards?
Explain who owns the intellectual property of your proposed technology. If you are building on existing or off-the-shelf technology, detail the permissions you have to use that technology. If you are part of a team, indicate which team members own the intellectual property.
Describe the commercial viability and manufacturability of your proposed technology. What is the projected production cost per unit, with rationale, for a quantity of 10 units and a quantity of 150 and 1,000 units?
If your solution does not meet some of the requirements in the Design Guidelines, please describe why you’ve made the choices you did in proposing your solution. This is also your opportunity to describe any outstanding issues that you could not explain in any other sections. What makes your solution unique?
If your team is named a Finalist, you will have six months to build your prototype. In chronological order, identify the milestones for those six months. If you have existing technology that you are augmenting, describe the initial state as well as milestones.
Describe the milestones and timeline needed to build your prototype if your team is named a Finalist.
Please offer a general overview for how you would use the award if you are named as a Finalist. This Budget Narrative should complement your project plan.
You are required to submit a video presentation that captures your own pitch for why your approach should be funded. You will upload a short digital film using YouTube. Set the Privacy Settings on your video to Public or Unlisted; do not set them to Private. Your video may be extracted from your submission and made available to the public.
Your video should comply with the following guidelines. If it does not, your submission may be invalid and no longer eligible for an award.
Here are general suggestions for delivering a high-quality video pitch:
Hone your content:
If you are named as a Finalist and awarded $50,000, please note the following:
We are not in the business of selling your information. We do, however, disclose your personally identifiable information in a variety of circumstances in connection with developing and maintaining this Website and operating or supporting Competitions. For example:
You may, of course, decline to share certain personally identifiable information with RAMPIT, in which case RAMPIT may not be able to provide to you some of the features and functionality found on this Website. Please note that we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
We may now or in the future make certain tools and features for configuring your privacy settings available to you through this Website, but any such features and settings we may provide do not guarantee the anonymity or confidentiality of any information, including personally identifiable information and Postings you provide or submit to this Website.
Rights that you may have, depending on the country in which you live, include:
Note that Rampit is a controller of your information. Other organizations, such as Competition Sponsors, may also act as controllers of your information. You should contact the Competition Sponsor if you have any questions about how they use information that you have provided to them.
This Website contains links to Websites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party's policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on this Website. We encourage you to learn about third parties' privacy and security policies before providing them with personally identifiable information. We do not sell or share your information with online marketers.
Protecting the privacy of children is especially important. For that reason, RAMPIT does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age, and no part of this Website is directed to persons under 18 years-of-age. IF YOU ARE UNDER 18 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THIS WEBSITE FOR THE PURPOSES OF THE COMPETING AT ANY TIME OR IN ANY MANNER. If RAMPIT learns that personally identifiable information of persons less than 13-years-of-age has been collected on this Website without verifiable parental consent, then RAMPIT will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained a User Account on this Website, then you may alert RAMPIT at [email protected] and request that RAMPIT delete that child's personally identifiable information from its systems.
RAMPIT uses a variety of physical, managerial, and technical safeguards designed to improve the security of our systems and your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to RAMPIT, nor can we guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. You transfer your information to RAMPIT at your own risk.
If RAMPIT learns of a security systems breach, then we will attempt to notify you electronically so that you can take appropriate protective steps. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. If you'd like to receive such a notice, please notify us at [email protected].
RAMPIT, LLC (“RAMPIT”) provides an online platform for skill-based competitions through various websites, including but not limited to this website, which are subject to the following terms and conditions. RAMPIT has an agreement with the Department of Homeland Security Science and Technology Directorate to host a Competition, as described below, on this online platform. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS SET OUT THE TERMS OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RAMPIT FOR YOUR USE OF THIS WEBSITE AND THE RELATED SERVICES. BY RECOGNIZING YOUR ACCEPTANCE OF THESE TERMS, EITHER BY REGISTERING A USER ACCOUNT AND/OR BY ACCESSING AND USING THIS WEBSITE, AS APPLICABLE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MUST CEASE USING THIS WEBSITE AND THE RELATED SERVICES.
In this document, the following capitalized terms have the following meanings, unless otherwise expressly indicated:
1.1 “Affiliated Persons” means:
1.2 "Agreement" means:
1.3 "Award" means any form of benefit or other forms of recognition to declared or selected Finalist(s) and Winner(s), as set out in the Competition Terms and Conditions. In this case, an award of $50,000 to each of three (3) Finalists and one award of $100,000 to the Winner may be provided in the form of a single payment to each from Common Pool, LLC.
1.4 “Competition" means any challenge or contest posted on this Website, however expressed.
1.5 "Competition Information" means all Content provided in relation to a particular Competition, including the Competition Terms and Conditions.
1.6 "Competition Sponsor" means in relation to any Competition posted on this Website, the entity responsible for the Competition or procuring RAMPIT and/or its owners to post the Competition. For this Competition, the Competition Sponsor is the Department of Homeland Security Science and Technology Directorate, a government agency, located in Washington, DC, United States of America.
1.7 "Competition Terms and Conditions" has the meaning given to that term in Clause 2.3.
1.8 "Competitor" means in relation to any Competition posted on this Website, a person, a team of persons, or an organization that meet the eligibility requirements of this Competition and that submits or proposes to submit an Entry to the Competition. See the Rules for the eligibility requirements.
1.9 "Content" means any information, files, text, code, material, images, data, sounds, graphics, software, photos, designs, software downloads, goods, services documents, layouts, applet, CGI interfaces, descriptions, illustrations, catalogues, advertisements, audio and video material or specifications contained in or referred to in this Website, obtained through or via this Website or available to be viewed by accessing any part of this Website (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format. Without limiting the foregoing, “Content” includes any Entry submitted through or via this Website.
1.10 "Entity" means an entity duly organized and validly existing under state or federal law in the United States of America that maintains a primary place of business in the United States and that is represented on the Website by a person at least 18 years of age who is a U.S. citizen or permanent resident and who is the duly authorized representative of such Entity.
1.11 "Entry" means an entry by a Competitor in response to a Competition.
1.12 "Entry Content" means all Content used, in whole or in part, directly or indirectly, in describing, drafting, developing, devising, calibrating, testing, evaluating, analyzing or generating an Entry, or which itself constitutes the whole or part of an Entry.
1.13 "Finalist" means, in relation to any Competition posted on this Website, those Competitors whose Entries are selected by the Competition Sponsor as a winner of the $50,000 Awards. Competitors may disqualify their Entries from this selection by expressly informing the Competition Sponsor of their decision within 48 hours after the close of the competition.
1.14 "Intellectual Property Rights" means all intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, or trademark rights, whether or not such rights are registered or capable of being registered.
1.15 “Judge” means any individual, organization or other entity represented on this website as responsible for the subjective assessment of Entry Content, either for the purposes of determining or informing the determination of any Award(s) or designation(s) of the Finalists and Winner in the Competition.
1.16 "Loss" means any direct, indirect, special, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, demands or suits, whether in contract, tort (including liability due to infringement of intellectual property rights or due to negligence), statute or otherwise and whether pecuniary or non-pecuniary. This includes, but is not limited to, loss of profits, legal costs and defense or settlement costs.
1.17 "Posting(s)" means any addition, insertion or uploading of content to this Website, as well as any submission or communication made through or via this Website. For the avoidance of doubt, this includes (in the case of a Competitor) all Entries and Entry Content posted by that Competitor.
1.19 “Rules” means any set of provisions that establish specific conditions, under which participants are bound, that are posted on this website, either as a notice of an extension of these Competition Terms and Conditions or in addition to these Competition Terms and Conditions.
1.20 "RAMPIT" means RAMPIT, LLC, a Tennessee limited liability company, with a place of business at 805 2nd Avenue South, #3, Nashville, TN 37210
1.21 "RAMPIT Affiliate" means an entity affiliated with RAMPIT by ownership or common ownership (including The Common Pool, LLC, and 23Com Software, LLC) or any subsidiary of RAMPIT.
1.22 "Services" means the services provided by RAMPIT on or via this Website and includes all Competitions.
1.23 "Third Party Sites" means sites and resources located on servers maintained by others over whom RAMPIT has no control.
1.24 "User" means any person who has registered a user account on this Website. The term "User" includes all Competitors.
1.25 "User Account" means Your online account with RAMPIT which enables You to use this Website and includes (but is not limited to) Your username, password, rating score and feedback.
1.26 "Website" means any web pages contained within this domain and any sub-domains and all underlying software and infrastructure which permits the holding of Competitions. Where the context permits, ‘Website’ or 'website' includes the Services provided on the Website.
1.27 "Winner" means, in relation to any Competition posted on this Website, those Competitor whose Entries are selected by the Competition Sponsor as a winner of the $100,000 Award. Competitors may disqualify their Entries from this selection by expressly informing the Competition Sponsor of their decision within 48 hours after the close of the competition.
1.28 "You" means the person, team, or organization team using the Website, including a User, or an Entity duly organized and validly existing under state or federal law in the United States of America or the host country of origin that is represented on the Website by a User that is a person at least 18 years of age who is the duly authorized representative of such Entity.
1.29 "Your" means the possessive of the person, team, or organization using the Website, including a User.
2.1 Use of this Website is subject to this Agreement. You agree to be bound by this Agreement and any subsequent amendments to this Agreement, as set forth below.
2.2 RAMPIT reserves the right to amend or modify this Agreement at any time, provided that if such modifications materially limit Your rights and/or expand Your obligations hereunder, RAMPIT will notify You electronically, such as by email or through the Website. Such material modifications will take effect on the earlier of the date You indicate Your assent (by clicking "Accept" or otherwise). No modification of the Agreement will apply to any dispute between You and RAMPIT that arose prior to the effective date of the modification. If at any time You disagree with the Agreement or any modifications thereof, You may terminate this Agreement and shall cease using this Website. Your continued use of the Website after the revised Agreement becomes effective (such as following notice as set forth above) indicates that You have read, understood, and agreed to the revised Agreement. Any new or different terms supplied by You are specifically rejected by RAMPIT unless RAMPIT agrees to them in a signed writing specifically including those new or different terms.
2.3 Particular Competitions may be subject to additional terms and conditions ("Competition Terms and Conditions"). Competition Terms and Conditions will apply in addition to this Agreement and will not limit this Agreement in any way unless RAMPIT notifies the parties to a Competition that this Agreement is amended by the Competition Terms and Conditions. If RAMPIT does not provide such notification to the parties, this Agreement will prevail in the event of any inconsistency between it and the Competition Terms and Conditions.
2.4 RAMPIT may alter this Website from time to time by adding or removing features. This Agreement will not be affected by any alterations to this Website.
2.5 Users may use this Website, including but not limited to those in the capacity of a Competitor. This Agreement will apply to Your use of the Website in that capacity, but Users may also include Competition Administrators or representatives of the Competition Sponsor, and any conditions placed on them as Users are identified in the Terms.
3.1 In order to participate in any Competition, You must register as a User. Participation on this Website is free.
3.2 Participation is available only to individuals, teams, and Entities that are able to form legally binding contracts under applicable law. If You do not accept this Agreement, You will not be permitted to participate in any Competition or otherwise access or use the Website in any way.
3.3 By entering, You represent that you are not:
3.4 When registering as a User, You warrant to RAMPIT that:
3.5 No individual or represented Entity may register more than once (for example, by using a different username/email).
3.6 Acceptance of registration is at the sole discretion of RAMPIT. If RAMPIT believes that any registration has been made in contravention of clauses 3.1, 3.2, 3.3, 3.4 or 3.5 above (or otherwise in breach of this Agreement), it may refuse to accept the registration.
3.7 You are responsible for all use of this Website made using Your User Account (and/or username/email or password), whether or not You are aware of that use or could reasonably have been aware of that use. You agree to notify RAMPIT immediately if You become aware of any unauthorized use of Your User Account.
3.8 Your User Account is personal to You and may not be sold, assigned or transferred to a third party. If You attempt to sell, assign or transfer Your User Account to a third party, RAMPIT may suspend or terminate Your participation at its sole discretion.
3.9 RAMPIT may communicate with You through the username/email that You provide at registration. You agree to notify RAMPIT within a reasonable time if there are any changes to Your details. If You fail to notify RAMPIT of any changes to Your details, You agree to waive any objection, claim, defense or recourse You might have had as a consequence of RAMPIT failing to communicate with You. If You change Your email address and fail to notify RAMPIT of the change, RAMPIT will be deemed to have communicated with You on the date on which it communicated with the email address most recently provided by You.
3.10 You warrant that any Content provided or posted by You (through registration or otherwise):
3.11 If RAMPIT believes that any Content contravenes Clause 3.10 (or any other provision of this Agreement), it may remove that Content and/or take any other steps as it deems necessary to protect itself or third parties against any Loss. To the maximum extent permitted by law, RAMPIT will not be liable for any Loss to any person arising from the removal of Content under this Section.
4.1 Subject to Clause 4.2, You may terminate Your participation at any time and without cause by notifying RAMPIT through this Website.
4.2 If You terminate Your participation, this Agreement and any other applicable terms and conditions will continue to apply to any Postings made by You prior to giving the notice described in Clause 4.1 above.
4.3 RAMPIT may, in its absolute discretion, terminate or suspend Your participation at any time and without notice if it believes that:
4.4 If RAMPIT terminates Your participation, RAMPIT may in its absolute discretion withdraw any Postings submitted or made by You. If RAMPIT terminates Your participation, RAMPIT may, at its sole discretion, immediately withdraw Your Entries, which will have no force and effect from the date on which Your participation was terminated.
4.5 Subject to Clause 4.4, if RAMPIT suspends Your participation, any entries or other Postings submitted or made by You may be suspended for the period in which Your participation is suspended.
4.6 If Your participation is terminated, either by You or by RAMPIT:
5.1 You must not use the Website to facilitate or participate in any illegal activity or engage in any activity which RAMPIT, in its absolute discretion, considers inappropriate. RAMPIT reserves the right to terminate or restrict Your access to this Website immediately and indefinitely if it suspects that You are engaging in any such behavior or are in breach of any terms of this Agreement. You agree that You will only use Your User Account and this Website for the purposes of using the Services and for no other purpose. Without limiting the foregoing, in using Your User Account and accessing the Website, You agree not to:
6.1 If You are registered as a Competitor, You agree and acknowledge that:
6.2 The Competition Sponsor reserves the right to conduct an administrative review of any Entry or any Competitor in order to screen for completeness and other Entry Content requirements (as described in the Competition Terms and Conditions) before distributing approved Entries to Judges.
6.3 Competitors permit RAMPIT, the Competition Sponsor, and/or any entity designated by the Competition Sponsor, to publish any Entry, Entry Content, or Content (specifically, the Proposal Title, Technical Abstract, and Video) on this website; the remainder of any Entry, Entry Content, or Content will also be viewed by the Competition Sponsor, RAMPIT, and Judges, as necessary.
6.4 By participating in the Competition, You retain all right, title and interest in any inventions, software or work of authorship You invent or create. The ownership and use of intellectual property arising from this competition remains with You, including, if any, the ideas, concepts, inventions, data, and other materials submitted in the Competition. By entering the Competition, You agree to grant to the United States Government an irrevocable, paid-up, royalty-free, world-wide license for the Government to use, modify, reproduce, release, or disclose for Governmental purposes the data and materials that are generated in connection with this prize competition. A Governmental purpose is any activity in which the United States Government participates, but does not include the right to use, or have or permit others to use, modify, reproduce, release, or disclose data for commercial purposes.
6.5 If the submission includes the work of any third party (such as third-party content or open source code), the entrant must be able to provide, upon the request of DHS, documentation of all appropriate licenses and releases for such third-party works. If the entrant cannot provide documentation of all required licenses and releases, DHS reserves the right, in its sole discretion, to disqualify the applicable submission, or direct the entrant to secure the licenses and releases for DHS’s benefit within three (3) days of notification of the missing documentation and allow the applicable submission to remain in the Challenge. In addition, DHS reserves all rights to pursue an entrant for claims based on damages incurred by the entrant’s failure to obtain such licenses and releases.
7.1 RAMPIT is not involved in any way in the formation of any contract between the Competitor and the Competition Sponsor. RAMPIT at no time acts as an agent for any Competitor.
7.2 RAMPIT will not be liable to You in any respect if a Competition Sponsor or Competitor fails to perform its obligations under this Agreement or the Competition.
7.3 The Competition Sponsor will at all times be responsible for the bestowal of any Award(s) in accordance with the Agreement and the Competition Terms and Conditions. RAMPIT will have no liability whatsoever in respect to the failure of a Competition Sponsor to bestow any Award(s), and You acknowledge and agree that You will not take action of any kind against RAMPIT in respect to any claim for any Award(s) that You may or may not have or wish to make.
8.1 Finalists and Winner agree that any Award is conditional upon receipt by the Competition Sponsor of any Entry Content used or consulted by that Finalist or Winner in generating the winning Entry and that any Award will not be bestowed until this condition has been satisfied.
8.2 Finalists and Winners may be required to execute a Purse Payment Form as a condition to receiving an Award. If a Finalist or Winner fails or refuses to sign and return the Purse Payment Form within five days of Common Pool’s request (or a shorter time as exigencies may require), the Finalist or Winner may be disqualified, and an alternate Finalist or Winner may be selected.
8.3 By participating in the Competition, in addition to any other rights granted herein or which may be granted in any other agreement entered into between the Competition Sponsor, Common Pool, and RAMPIT, on the one hand, and You, on the other hand, You, to the extent allowed by applicable law, hereby irrevocably (a) grant to each of the Competition Sponsor, Common Pool, and RAMPIT the right to use Your name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and promotional purposes relating to the Competition and (b) releases Competition Sponsor and Common Pool from any liability with respect thereto.
8.4 No more than the advertised number of awards will be distributed. Awards will be delivered only to an address provided on the Finalist’s and Winner’s Entry.
8.5 Attempts to notify potential Finalists and Winner will be made using the contact information provided on the Finalist’s and Winner’s Entry. The Competition Sponsor and RAMPIT are not responsible for e-mail or other communication problems of any kind. If, despite reasonable efforts, a potential Finalist or Winner does not respond within five days of the first notification attempt (or a shorter time as exigencies may require), or if the Award or Award notification is returned as unclaimed or undeliverable to such potential Finalist or Winner, such potential Finalist or Winner will forfeit the Award and an alternate Finalist or Winner may be selected. If any potential Finalist or Winner is found to be ineligible or has not complied with these Rules or declines the applicable Award for any reason, such potential Finalists or Winner will be disqualified and an alternate Finalist or Winner may be selected.
8.6 The Competition Sponsor acknowledges that RAMPIT does not make any warranties or representations as to the accuracy or utility of any Entry or associated Entry Content from a Winner.
9.1 You will be responsible for any tax, levy, or other charge that may arise under any applicable law from the use of this website, including from receiving any Award(s). You acknowledge that You will not be entitled to demand any additional payment by reason of any Award(s) being subject to any tax, levy, or other charge in any jurisdiction.
10.1 THIS WEBSITE AND SERVICES, AND ALL CONTENT ASSOCIATED THEREWITH, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RAMPIT AND COMPETITION SPONSOR AND THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS OF EACH EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RAMPIT DOES NOT WARRANT THIS WEBSITE AND RELATED SERVICES AND THE CONTENT PROVIDED THROUGH IT, INCLUDING THE ENTRIES AND ASSOCIATED ENTRY CONTENT, TO BE AVAILABLE, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THIS WEBSITE (INCLUDING THE SERVICES).
10.2 UNDER NO CIRCUMSTANCES WILL RAMPIT OR COMPETITION SPONSOR OR THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS OF EITHER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THIS WEBSITE, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, EVEN IF RAMPIT OR COMPETITION SPONSOR OR THE AUTHORIZED REPRESENTATIVE OF EITHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Without limiting the generality of the foregoing, You agree that neither RAMPIT NOR THE COMPETITION SPONSOR are responsible for any Loss arising out of, or in any way connected with:
10.3 For the avoidance of doubt, You acknowledge that RAMPIT is a provider of an interactive computer service and that neither RAMPIT nor COMPETITION SPONSOR is a publisher under Section 230 of the Communications Decency Act of 1996, and therefore not responsible for any of the Users' Postings. If, notwithstanding the provisions of this Clause 11.3, a court of competent jurisdiction holds RAMPIT or COMPETITION SPONSOR liable in respect of any matters arising under or incidental to this Agreement, RAMPIT'S AND COMPETITION SPONSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR RELATED SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) WILL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USING THIS WEBSITE DURING THE 12 MONTHS PRECEDING YOUR CLAIM, OR, IF NO AMOUNT WAS PAID, SUCH LIABILITY WILL BE LIMITED TO $100.
10.4 You agree that neither RAMPIT nor COMPETITION SPONSOR nor the third-party providers of either will be liable or responsible for any failure in, or delay to, the provision of the Services or in RAMPIT nor COMPETITION SPONSOR complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:
10.5 In the event an insufficient number of eligible entries is received or the Competition Sponsor is prevented from awarding an Award or continuing with the Competition as contemplated herein by any event beyond its control, including, without limitation, fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within the Competition Sponsor’s control (“Force Majeure”), the Competition Sponsor shall have the right to modify, suspend, or terminate the Competition. If the Competition is terminated for Force Majeure before expiration of the Competition, the Competition Sponsor will (if reasonably possible) select a Finalists from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.
10.6 All obligations of the Competition Sponsor under or pursuant to this Agreement are subject to the availability of funds, and no provision of this Agreement shall be interpreted to require obligation or payment of funds in violation of the Anti-Deficiency Act, (31 U.S.C. § 1341).
10.7 You agree that the Competition Sponsor, Common Pool, and RAMPIT:
11.1 You agree to indemnify and hold each of the Competition Sponsor, Common Pool, RAMPIT, and their owners, officers, employees, agents and suppliers, harmless from all claims and Losses (including legal fees) due to or arising out of or in connection with Your Postings, Competition, Competition Information and other Content (as applicable), Your use of this Website, or Your breach of this Agreement.
11.2 You, by submitting an Entry, agree to indemnify, defend, and hold harmless each of the Competition Sponsor, Common Pool, and RAMPIT, and each of their respective directors, trustees, officers, employees, agents, consultants, and successors and assigns, 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 Competitor’s entry or any breach or alleged breach of any of Your representations, warranties, and covenants in this Agreement.
12.1 Neither RAMPIT nor COMPETITION SPONSOR represents or warrants that the content on this Website complies with the laws of any country outside of the United States. If You access this Website from outside the United States, You do so at Your own risk.
13.1 You acknowledge that, as between the parties, RAMPIT is the owner of all Intellectual Property Rights in and to this Website (excluding Postings). You acknowledge that You have no Intellectual Property Rights in or to this Website or to any Postings not made directly by you except for a limited license to use this Website as necessary to participate in a Competition or evaluate the possibility of such participation.
13.2 You acknowledge that all text, graphics, user interfaces, photographs, trademarks, logos and artwork, including the design, structure, selection, coordination, expression, 'look and feel' and arrangement of such Content, provided by RAMPIT or its licensors on this Website is owned or licensed by or to RAMPIT and is protected by applicable copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. No such Content can be copied, publicly displayed, modified, sold, licensed or distributed in any way by You without RAMPIT's prior written consent. You shall not use the name “Department of Homeland Security” or the “Common Pool” or any variation, adaptation, or abbreviation thereof, or the name of any of Department of Homeland Security’s or Common Pool’s Board members, officers, employees, or agents, or any trademark, Insignia or program identifier-owned by the Department of Homeland Security or Common Pool, in any promotional material or other public announcement or disclosure, nor copied, publicly displayed, modified, sold, licensed or distributed in any way by You without the prior written consent of the Department of Homeland Security or Common Pool, which consent the Department of Homeland Security or Common Pool may withhold in its sole discretion.
14.1 From time to time, RAMPIT may provide, or any Content may contain, links to Third Party Sites and resources. You acknowledge that:
14.2 You acknowledge and agree that neither RAMPIT nor Competition Sponsor will be responsible or liable, directly or indirectly, for any Loss caused or alleged to be caused by or in connection with Your use of or reliance on any Content or material available on or through any Third Party Sites or resource.
15.1 In the interest of resolving disputes between You and RAMPIT in the most expedient and cost-effective manner, You and RAMPIT agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, You and RAMPIT are each waiving the right to a trial by jury or to participate in a class action.
15.2 You and RAMPIT or Competition Sponsor each agree that nothing herein shall be deemed to waive, preclude, or otherwise limit any rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
15.3 Any arbitration between You and RAMPIT will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at adr.org, by calling the AAA at 1-800-778-7879.
15.4 A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for You, by electronic mail ("Notice"). RAMPIT's address for Notice is: RAMPIT, LLC, 805 2nd Avenue South, #3, Nashville, TN 37210 or [email protected]. The COMPETITION SPONSOR’s address is the Department of Homeland Security Science and Technology Directorate, ATTN: Donald A. Bansleben, Ph.D., Program Manager, Science and Technology Directorate, <<insert address>>, with a copy to the Legal Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and, (b) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 calendar days after the Notice is received, You may commence arbitration proceedings.
15.5 Any arbitration hearings will take place at a location to be agreed upon by the parties to the arbitration or, if a location cannot be agreed upon, then it will be agreed upon by the arbitrator(s), provided that if the claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 calendar days of the arbitrator's ruling on the merits.
15.6 YOU AND RAMPIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and RAMPIT or agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
15.7 If only Clause 15.6 is found to be unenforceable, then the entirety of this Section 15 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 17 shall govern any action arising out of or related to the Agreement.
16.1 If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing RAMPIT's copyright agent (the"Copyright Agent") with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
16.2 RAMPIT's designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, RAMPIT, LLC, 805 2nd Avenue South, #3, Nashville, TN 37210, email: [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section 16, your DMCA notice may not be valid.
16.3 If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
16.4 If a counter-notice is received by the Copyright Agent, RAMPIT may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RAMPIT's sole discretion.
17.1 As defined in Clause 1.2, this Agreement is the entire agreement between You and RAMPIT relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between You and RAMPIT with respect to said subject matter. This Agreement shall not be modified except in a writing signed by both parties, or by a change made as provided in Clause 2.2. If any provision of this Agreement is invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of this Agreement, which is severable from said provision and will remain in full force and effect.
17.2 If You breach any provision of this Agreement and RAMPIT has knowledge (either actual or constructive) of that breach, a failure to pursue legal action or to enforce any remedy against You will not constitute a waiver of its legal rights. Any waiver of rights under this Agreement must be in writing and signed by RAMPIT.
17.3 All matters relating to this Website and this Agreement are governed by and are to be construed according to the laws applicable in the state of Tennessee, United States (without regard to any rules governing choice of law). If one or more of the exceptions from arbitration expressly set forth in Section 16 above apply, You agree unconditionally to submit to the exclusive jurisdiction of the courts in Davidson County, Tennessee, in relation to all matters arising out of or in any way connected with this Agreement or this Website
17.4 RAMPIT may assign its rights and novate or transfer obligations which arise under this Agreement. You must not assign, novate or otherwise transfer Your rights or obligations under this Agreement without the prior written consent of RAMPIT. Any assignment attempted in violation of this Clause 17.4 shall be void.
17.5 The parties agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
17.6 Unless otherwise requested in writing by You, RAMPIT may refer to You and Your corporate identity (if applicable) as part of promoting this Website and RAMPIT in the marketplace.
17.7 RAMPIT accepts content uploaded from Users in good faith and on the basis of warranties provided by Users. It is Your responsibility at all times to investigate and become satisfied as to the accuracy of the information provided by any other party (including all Users) on this Website. RAMPIT at no time makes any representations as to the accuracy of any information provided on this Website.
17.8 You acknowledge and agree that to the extent that this Agreement relates to a Competition, a prospective Competition or any Posting, this Agreement is intended also to be for the benefit of the Competition Sponsor, the Competitors and other Users, who are entitled to enforce the provisions of this Agreement against You.
17.9 All notices, requests, demands, consents, approvals, offers, agreements or other communications given by You to RAMPIT must be emailed to RAMPIT at [email protected].
17.10 In the interpretation of this Agreement, unless the contrary intention appears:
17.11 This Competition is a skills-based challenge to resolve bona fide requirements and not, for clarity, any game(s) of chance.