To be eligible to win a prize under the AI Health Outcomes Challenge, an individual or entity-

  1. Shall have timely submitted an entry to participate in the relevant stage of the challenge;

  2. Shall have complied with all the requirements described in this announcement for participation in this challenge;

  3. For prize money from CMS and/or partners, who are jointly sponsoring this challenge: In the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States. Note: Non-U.S. citizens and nonpermanent residents can participate as individuals or as a member of a team that otherwise satisfies the eligibility criteria but will not be eligible to win a monetary prize (in whole or in part); however, their participation as part of a winning team, if applicable, may be recognized when results are announced;

  4. May not be a Federal entity or Federal employee acting within the scope of his or her employment (all non-HHS Federal employees must consult with their agency Ethics Official to determine whether the Federal ethics rules will limit or prohibit the acceptance of the AI Health Outcomes Challenge prize);

  5. Shall not be a HHS employee;

  6. Federal grantees may not use Federal funds to develop entries unless consistent with the purpose of their grant award; and

  7. Federal contractors may not use Federal funds from a contract to develop AI Health Outcomes Challenge applications or to fund efforts in support of an AI Health Outcomes Challenge entry.

Additional Requirements

  1. An individual or entity shall not be deemed ineligible because the individual or entity used Federal facilities or consulted with Federal employees during a competition if the facilities and employees are made available to all individuals and entities participating in the competition on an equitable basis.

  2. Participants must also agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from their participation in this prize contest, whether the injury, death, damage, or loss arises through negligence or otherwise.

  3. Participants are not required to obtain liability insurance or demonstrate financial responsibility for claims by a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in the AI Health Outcomes Challenge.

  4. Participants must also agree to indemnify the Federal Government against third party claims for damages arising from or related to AI Health Outcomes Challenge activities.

  5. CMS reserves the right to cancel, suspend, and/or modify the AI Health Outcomes Challenge, or any part of it, for any reason, at CMS’s sole discretion.

Intellectual Property (IP) Rights

  1. Participants are free to discuss their entry and the ideas or technologies that it contains with other parties, are encouraged to share ideas/technologies publicly, are encouraged to collaborate or combine with other participants to strengthen their solutions, and are free to contract with any third parties. Participants should be aware that any agreement signed or obligation undertaken in regard to their participation in the AI Health Outcomes Challenge that conflicts with the challenge rules, terms, and conditions may result in disqualification of the participant’s entry.

  2. By participating in this challenge, each participant (whether individuals, participating singly or in a group, or entities) warrants that he or she is the sole author or owner of, or has the right to use, any copyrightable works that the submission comprises, that the works are wholly original with the participant (or is an improved version of an existing work that the participant has sufficient rights to use and improve), and that the submission does not infringe any copyright or any other rights of any third party of which participant is aware. In addition, each participant (whether individuals, participating singly or in a group, or entities) grants to CMS an irrevocable, paid-up, royalty-free nonexclusive worldwide license to reproduce, publish, post, link to, share, and display publicly (e.g., on websites) the submission and abstracts on the web or elsewhere. Each participant will retain all other intellectual property rights in their submissions, as applicable. To participate in the challenge, each participant must warrant that there are no legal obstacles to providing the above-referenced nonexclusive licenses of participant rights to the Federal government. To receive an award, winners will retain ownership of their intellectual property rights in the solution, but participants must grant to the Federal government the nonexclusive, nontransferable, irrevocable, paid up license to practice, or have practiced for or on its behalf, the solution throughout the world for Federal government purposes. Each participant also warrants that the work is free of security threats and/or malware.

  3. Each participant must clearly delineate any Intellectual Property (IP) and/or confidential commercial information contained in an entry that the participant wishes to protect as proprietary data.

  4. All materials submitted to CMS as part of an entry become CMS agency records. Any confidential commercial or financial information contained in an entry must be clearly designated at the time of entry.

  5. If the entry includes any third-party works (such as third-party content or open source code), the participant must be able to provide, upon request, documentation of all appropriate licenses and releases for use of such third-party works. If the participant cannot provide documentation of all required licenses and releases, CMS and Partners reserve the right, at their sole discretion, to disqualify the entry.
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