Project HealthDesign Developer Challenge

The following terms and conditions govern the Project HealthDesign Developer Challenge (the “Challenge”) sponsored by the Pioneer Portfolio of the Robert Wood Johnson Foundation (the "Sponsor").

SUBMISSION OF AN ENTRY IN THE CHALLENGE CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.

ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. THE CHALLENGE IS VOID WHERE OTHERWISE PROHIBITED BY LAW.

1. ELIGIBILITY.

Entrants in the Challenge (each, an “Entrant”) must satisfy the following eligibility criteria:

• The Challenge is open only to legal residents of the fifty (50) states of the United States and the District of Columbia and entities organized under the laws of the fifty (50) states of the United States and the District of Columbia;
• Entrants who are individuals must be at least eighteen (18) years of age as of the time of entry; and
• Affiliated Persons (as defined below) are ineligible to participate in the Challenge.

As used herein, the term "Affiliated Persons" means (a) the trustees, directors, officers, shareholders, members, employees, contractors, agents, representatives and affiliates of the Sponsor and any entity associated with the funding, administration or processing of the Challenge and (b) the members of the Immediate Family (as defined below) of any of the persons identified in clause (a). The term "Immediate Family" includes a person's spouse/domestic partner and the parents, siblings, children and grandchildren of the person and his or her spouse/domestic partner.

2. ENTRIES.

By submitting an entry in the Challenge, each Entrant:

(a.) represents and warrants that (i) the Entrant is the sole author and creator of the Materials (as defined below), (ii) the Entrant has not previously assigned its intellectual property rights in the Materials (or any portion thereof) to any other person, (iii) the Materials do not violate any applicable law, and (iv) the Materials do not infringe or violate any intellectual property right held by any third person;

(b.) acknowledges and agrees that (i) any ideas, procedures, processes, systems, methods of operation, concepts, principles or discoveries described or otherwise set forth in the Materials (collectively, “Non-Protectable Material”) are not subject to intellectual property protection, including, but not limited to, protection under the Copyright Law of the United States (title 17 of the United States Code) and (ii) none of the Sponsor or any of the Affiliated Persons shall have any obligation to ensure that such Non-Protectable Material is treated as confidential or proprietary; and

(c.) gives the Sponsor permission to use the Entrant's name, logo, likeliness and image for purposes relating to the Challenge.

As used herein, the term “Materials” means the applications, materials, images, ideas, writings, look and feel and other property, whether or not copyrightable, submitted as an entry in the Challenge, whether alone or in conjunction with any other person or entity.

The decision of the judges and all decisions with regard to the selection and disqualification of entries shall be final and binding in all respects.

3. LICENSE.

Entrants grant the Sponsor a royalty-free, non-exclusive, worldwide license to use, copy for use, perform publicly, and display publicly, the Materials for a period of one year after the public announcement of the winners of the Challenge.

4. LIMITATION OF LIABILITY.

ENTRANTS AGREE THAT THE SPONSOR AND THE AFFILIATED PERSONS SHALL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OT LOSSES OF ANY KIND ARISING OUT OF OR RESULTING FROM ENTRY AND PARTICIPATION IN THIS CHALLENGE, ACCEPTANCE OR USE OF A PRIZE OR ANY OTHER MATTER RELATED TO THIS CHALLENGE, INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON PROPERTY DAMAGE, VIOLATION OF INTELLECTUAL PROPERTY RIGHTS, PERSONAL INJURY AND/OR DEATH, PUBLICITY RIGHTS, TAXES OR OTHER DUTIES, DEFAMATION OR INVASION OF PRIVACY OR ANY OTHER LEGAL CLAIMS.