[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60657-60663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25245]


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DEPARTMENT OF EDUCATION


Announcement of Requirements and Registration for the Reach 
Higher Career App Challenge

AGENCY: Office of Career, Technical, and Adult Education, Department of 
Education.

ACTION: Notice; public challenge.

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SUMMARY: The U.S. Department of Education (the Department) is 
announcing the Reach Higher Career App Challenge (RHCAC or Challenge), 
a prize competition funded by the Carl D. Perkins Career and Technical 
Education Act of 2006 (Perkins IV or Act). RHCAC calls upon potential 
entrants, who may include eligible educators, mobile application (app) 
developers, and other interested individuals to submit information 
concerning concepts for mobile apps, which may include a prototype, to 
improve access to information about career and technical education 
(CTE), help students, including students with disabilities and English 
Learners, navigate education and career paths, and increase the 
capacity of career counselors to serve students. The Challenge seeks 
solutions that: (1) Are focused on middle and high school students, (2) 
include integrated tools to assess user skills and interests, and (3) 
offer users accessible information on occupations, education options, 
credentials, and career-seeking skills through an individualized user 
experience.

DATES: We must receive your Challenge submission on or before December 
7, 2015.
    The timeframes for judging the submissions and selecting the 
finalists will be determined by the Department.
    The Department will conduct at least one online information session 
during the open submission phase of the challenge. The date of the 
session will be determined and announced by the Department, posted on 
the Luminary LightboxTM platform at 
www.reachhigherchallenge.com (Challenge Web page), and sent to entrants 
by email. The dates for finalist activities including the Virtual 
Accelerator phase, finalist mentorship, Innovator's Boot Camp, and 
Demonstration Day (all of these activities are described elsewhere in 
this notice) will be determined and announced by the Department.
    The date for the final judging will be determined and announced by 
the Department following Demonstration Day.
    The winner(s) will be announced on a date determined and announced 
by the Department.

ADDRESSES: Submit entries for the prize at 
www.reachhigherchallenge.com/.

FOR FURTHER INFORMATION CONTACT: Albert Palacios, U.S. Department of 
Education, 550 12th Street SW., Room 11086, Washington, DC 20202 or by 
email: [email protected]. If you use a telecommunications device 
for the deaf (TDD) or a text telephone (TTY), call the FRS, toll free, 
at 1-800-877-8339.

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SUPPLEMENTARY INFORMATION:

I. Administration of the Challenge Competition

    The RHCAC is being conducted by the U.S. Department of Education. 
Luminary Labs, L.L.C. (Luminary Labs), has been contracted by the 
Department to assist and support the Department in organizing and 
managing this competition. Activities conducted by Luminary Labs may 
also include providing technical assistance to potential entrants, 
entrants, and finalists.

II. Subject of Challenge Competition

    With a constantly evolving career landscape, it is increasingly 
challenging for students to identify, assess, and act upon their 
options as they plan for careers and postsecondary education. While the 
current career guidance and counseling infrastructure plays a critical 
role in assisting students with postsecondary education and career 
selection decisions, nationwide, one in five high schools lacks a 
school counselor.\1\ Furthermore, in 2013, the national average 
student-to-school-counselor ratio for K-12 counselors was 482:1 with 
peaks of 880:1 in Arizona and 826:1 in California.\2\ As a result, 
students receive limited time with their counselor annually, as they 
prepare to make important postsecondary education and career decisions.
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    \1\ ``Data Snapshot: Teacher Equity.'' U.S. Department of 
Education Office for Civil Rights. www2.ed.gov/about/offices/list/ocr/docs/crdc-teacher-equity-snapshot.pdf, Accessed September 11, 
2015.
    \2\ ``Student-to-School-Counselor Ratio 2012-2013,'' American 
Counseling Association. 2014. www.schoolcounselor.org/asca/media/asca/home/Ratios12-13.pdf, Accessed September 11, 2015.
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    The Challenge invites potential entrants, who may include eligible 
educators, mobile app developers, and other interested individuals to 
submit concepts for mobile apps which may include a prototype to 
improve access to CTE information that would help students, including 
students with disabilities and English Learners, navigate education and 
career pathways, and increase the capacity of career counselors to 
assist students in making decisions about their education and career 
options. The Challenge intends that mobile app concepts will be 
developed into prototypes during the Virtual Accelerator phase. The 
Challenge seeks mobile app solutions that include integrated tools to 
assess user skills and interests, while also offering users accessible 
information on occupations, education options, credentials, and career-
seeking skills through an individualized user experience.
    The Challenge will be conducted in four phases:
    (1) Challenge launch and the open submission phase;
    (2) Judging of the submissions and selection of finalists;
    (3) Virtual Accelerator phase (inclusive of finalist mentorship, 
Innovator's Boot Camp, and Demonstration Day); and
    (4) Final judging and selection of winner(s). Up to five finalists 
will be selected from the pool of submissions received during the open 
submission phase. From the total prize pool of $225,000, each of the 
finalists will be awarded $25,000 for their submission based on a 
review by the judging panel using the criteria in paragraph (a) in the 
Selection Criteria section of this notice. Finalists will be encouraged 
to use their winnings to improve upon their submissions, and are 
required to participate in the Virtual Accelerator phase, and to attend 
the Innovator's Boot Camp and Demonstration Day. After the Virtual 
Accelerator phase, Demonstration Day, and final judging using the 
criteria in paragraph (b) in the Selection Criteria section of this 
notice, the winner(s) will be selected by the Department and receive 
the remainder of the prize money.

Virtual Accelerator Phase Description

    The Virtual Accelerator phase begins on the date finalists are 
announced and concludes on Demonstration Day,\3\ which is the day when 
finalists present their submissions to the judging panel. During this 
phase, the finalists will revise and improve upon their submissions in 
preparation for Demonstration Day. On Demonstration Day, the finalists 
will be required to present their concept and demonstrate a final 
prototype.
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    \3\ The date of the announcement of the finalists will be 
determined by the Department.
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    General Elements of the Virtual Accelerator phase include the 
following--
    (1) Mentorship: Finalists will have access to subject matter 
experts (SMEs) who will act throughout the Virtual Accelerator phase as 
mentors, helping the finalists to revise and improve their submissions.
    (2) Innovator's Boot Camp: \4\ Finalists will be required to 
participate in the Innovator's Boot Camp, which will either be a live 
event in the greater New York City metropolitan area or a virtual 
event. Finalists will receive guidance through teaching modules, which 
may include hands-on activities, with SMEs and Luminary Labs staff. 
While the agenda has yet to be finalized, major themes will likely 
include user testing and interface development along with instructions 
on how to best revise and improve finalists' submissions, potentially 
including various design and innovation methodologies that would 
improve CTE programs and improve virtual accessibility for everyone, 
including individuals with disabilities.
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    \4\ The date of the Innovator's Boot Camp will be determined by 
the Department.
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    (3) Demonstration Day Presentation Support: After the Innovator's 
Boot Camp and prior to Demonstration Day, all finalists will have the 
opportunity to practice their presentations and receive feedback from 
Luminary Labs on how to improve their Demonstration Day presentations.
    Following Demonstration Day, a judging panel will provide 
recommendations to the Department on the selection of one or more 
winners from the pool of finalists to receive the remainder of the 
prize money.
    Program Authority: The goals, purposes, and activities related to 
the Challenge are authorized by section 114(c)(1) of Perkins IV, 20 
U.S.C. 2324(c)(1). Under this section, the Secretary of the U. S. 
Department of Education is authorized to carry out research, 
development, dissemination, evaluation and assessment, capacity 
building, and technical assistance with regard to CTE programs under 
Perkins IV. Following the RHCAC, submissions selected as finalists will 
be made available to the public to improve access to information on CTE 
programs and career guidance strategies that can be adapted and 
implemented in local areas thereby building local capacity to counsel 
students regarding CTE programs.

III. Eligibility

    (a) Eligible entrants must be:
    (1) Individuals at least 18 years of age and a citizen or permanent 
resident of the United States; \5\
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    \5\ The 50 States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, and the outlying areas of 
the United States Virgin Islands, Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, and the Republic of 
Palau.
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    (2) Teams of individuals that:
    (i) Are all at least 18 years of age;
    (ii) Include at least one citizen or permanent resident of the 
United States; and
    (iii) May also include foreign citizens who affirm at the time of 
submission of an entry for the Challenge that they are foreign 
citizens, who are not permanent residents; or

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    (3) An entity registered or incorporated in accordance with 
applicable State and local laws, and maintaining a primary place of 
business in the United States. The entity may include foreign citizens 
participating as employees of the entity.
    (b) Ineligible entrants include--
    (1) A foreign citizen unless participating as part of an eligible 
team or entity;
    (2) A Federal entity;
    (3) A Federal employee acting within the scope of his or her 
employment; and
    (4) All employees of the Department, Luminary Labs, Challenge 
sponsors, and/or any other individual or entity associated with the 
development or administration of the Challenge, as well as members of 
such persons' immediate families (spouses, children, siblings, 
parents), and persons living in the same household as such persons, 
whether or not related.
    (c) Entrants must:
    (1) Register on the Challenge Web page (see Additional Terms that 
are Part of the Official Rules, under the General Terms and Conditions 
in this notice);
    (2) Enter a submission on the Challenge Web page according to the 
rules, terms, and conditions in this notice;
    (3) Comply with all requirements; and
    (4) Provide affirmation upon submission of an entry for the 
Challenge that an entrant is eligible under subsection (a) of this 
section. If selected as a finalist, entrants must provide documentation 
to demonstrate their eligibility at that time.
    (5) Agree to--
    (i) 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 the Challenge, whether the injury, 
death, damage, or loss of property, revenue, or profits, whether 
direct, indirect, or consequential, arises through negligence or 
otherwise;
    (ii) Indemnify the Federal government against third party claims 
for damages arising from, or related to, competition activities, 
patents, copyrights, and trademark infringements; and
    (iii) Comply with and abide by the Official Rules, Terms and 
Conditions in this notice, and the decisions of the Department which 
shall be final and binding in all respects.
    (d) Entrants are not required to obtain liability insurance or 
demonstrate financial responsibility in order to participate in the 
Challenge.

IV. Prizes

    The total prize pool for the Challenge is $225,000. From the 
$225,000 Challenge prize pool funds, up to five finalist teams will be 
awarded $25,000 each following the judging of the open submissions. 
Finalists will improve and revise upon their submissions during the 
Virtual Accelerator phase in preparation for Demonstration Day. After 
Demonstration Day, a judging panel will provide recommendations to the 
Department on the selection of one or more winners from the pool of 
finalists to receive the remainder of the prize money.
    Prizes awarded under this competition will be paid by electronic 
funds transfer. Winners are responsible for any applicable local, 
State, and Federal taxes and reporting that may be required under 
applicable tax laws.

V. Selection Criteria

    (a) To participate in the Challenge, an entrant must submit an 
eligible entry according to the Eligibility section of this notice. 
Each of the following five selection criteria may be assigned up to 20 
points during the judging of open submissions in order to select 
finalists (for a total of up to 100 points). The following criteria 
will be used to select the finalists:
    (1) Actionable Outcomes. The extent that the submission 
demonstrates seamless career choice decision-making through the 
integration of--
    (i) An interactive tool that assesses user skills and interests;
    (ii) Up-to-date occupational data;
    (iii) Educational options, including CTE programs,\6\ technical 
skill credentials, and postsecondary certificate and degree programs; 
and
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    \6\ ``Career and technical education'' or ``CTE'' as defined in 
section 3(5) of Perkins IV.
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    (iv) Career-seeking skills which may include, e.g., resume writing 
skills, interviewing skills, etc.
    (2) Target Audience. The extent that the submission provides--
    (i) Support for educational and career path decision-making across 
a broad cross-section of students including students with disabilities, 
English Learners, and students in CTE programs; and
    (ii) Support for counselor and/or teacher interactions with 
students, or plans for accessible features that will provide this 
support as the app is further developed.
    (3) Scalability. The extent that the submission offers a viable 
plan for:
    (i) The full development of features, including the integration of 
comprehensive employment data, effective communication for English 
Learners and individuals with disabilities, and virtual accessibility 
in a form that meets a government or industry-recognized standard for 
accessibility; and
    (ii) A prototype to be customized to offer local educational and 
employment information including how local data and application 
programming interfaces (APIs) will be used.
    (4) Market Differentiation. The extent that the submission 
demonstrates clear differentiation from the current market offerings.
    (5) Commitment. The extent that the submission illustrates 
commitment and ability of the finalist to develop a prototype into a 
fully functional app.
    (b) When judging the finalist submissions, judges will recommend to 
the Department the winner or winners from the pool of the finalists. 
From the pool of finalists, the winner(s) will be selected based on the 
five criteria in paragraph (a) of this section and the two additional 
criteria below. Each of the seven criteria may be assigned up to 20 
points during the judging of the finalist submissions (for a total of 
up to 140 points). These two additional criteria are:
    (1) Demonstration of the finalist's ability to effectively revise 
and improve their concept over the course of the Virtual Accelerator 
phase; and
    (2) Perceived ability of the finalist and their prototype to 
materially transform career and education decision-making for students.

VI. Submission Information

    1. To participate in the Challenge, an entrant--
    (a) Must register on the Challenge Web page.
    (b) Must enter the required information on the Challenge Web page 
submission form--
    (1) Contact Information.
    (2) Submission Name and Information.
    (3) Actionable Outcomes. [500 word limit] \7\ The entrant must 
provide a description of how its submission meets each component in 
paragraph (a)(1), Actionable Outcomes, under the Selection Criteria in 
this notice.
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    \7\ The Challenge Web page will be programmed to limit the 
number of words to the word limit indicated.
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    (4) Target Audience. [500 word limit] The entrant must provide a 
description of how its submission meets each component in section 
(a)(2), Target Audience, under the Selection Criteria in this notice.
    (5) Scalability. [500 word limit] The entrant must provide a 
description of

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how their submission meets each component in paragraph (a)(3), 
Scalability, under the Selection Criteria in this notice.
    (6) Market Differentiation. [500 word limit] The entrant must 
provide a description of how its submission meets the component in 
paragraph (a)(4), Market Differentiation, under the Selection Criteria 
in this notice.
    (7) Commitment. [500 words limit] The entrant must provide a 
description of how their submission meets each component in paragraph 
(a)(5), Commitment, under the Selection Criteria section in this 
notice.
    (8) Design Documents. On the submission form of the Challenge Web 
page, entrants must upload an asset (e.g., video, image, visualization) 
that illustrates the major design features of the proposed prototype 
app. (Accepted upload file formats include: .ppt, .pdf, .mp4, .mov, 
.jpg, .png; files must not exceed 20 megabytes.)
    (9) Third Party Works. The entrant must indicate whether the 
submission includes any third party works. If so, the entrant must 
describe these works and affirm that appropriate documentation for all 
licenses and releases can be supplied upon request of the Department 
and/or Luminary Labs.
    (10) Submission Checklist. The entrant must complete each of the 
following on the Challenge Web page when submitting their entry:
    (i) The entrant attests that if selected as a finalist, their 
submitted concept could be developed into at least a fully functioning 
prototype by the conclusion of the Virtual Accelerator phase.
    (ii) The entrant agrees to participate in the required Innovator's 
Boot Camp and present their submission on Demonstration Day if selected 
as a finalist.
    (iii) The entrant acknowledges having read, understood and agreed 
to the Rules, Terms and Conditions.
    (iv) The entrant confirms that the eligibility requirements are 
met.
    (v) The entrant confirms that the submission complies with all 
applicable privacy laws.
    (vi) The entrant confirms that the entrant did not receive 
assistance from subject matter experts or judges associated with the 
Challenge when preparing their submission.
    (c) May provide the following information on the Challenge Web page 
submission form--
    (1) Demonstration (Upload). On the submission form of the Challenge 
Web page, entrants may upload an asset (e.g., video, image, 
visualization) that illustrates a demonstration of the prototype. 
Entrants should not upload files that repeat the information they 
provided in paragraphs (b)(3) through (b)(9) of this section above. 
(Accepted file formats include: .ppt, .pdf, .mp4, .mov, .jpg, .png; 
files must not exceed 20 megabytes.)
    (2) Demonstration (Link). On the submission form of the Challenge 
Web page, entrants may provide a link to an asset (e.g., video, image, 
visualization, working prototype) that illustrates a demonstration of 
the prototype. Entrants should not provide links to files that repeat 
the information they provided in paragraphs (b)(3) through (b)(9) of 
this section. (Videos may be posted to video-sharing sites like YouTube 
or Vimeo.)
    (3) GitHub Link. On the submission form of the Challenge Web page, 
entrants may provide a link to the GitHub repository for the entrant's 
prototype.
    2. Content and Form of Application Submission: To submit an entry 
to the Challenge, an entrant must complete the submission form on the 
Challenge Web page.
    3. Submission Dates and Times:
    To submit an entry to the Challenge, an entrant must go to the 
Challenge Web page and complete all required fields of the Challenge 
submission form before the close of the open submission phase, which is 
currently scheduled for December 7, 2015 at 11:59:59 p.m., Washington 
DC time. Each entrant must complete all of the required fields in the 
Challenge submission form in accordance with the Official Rules, Terms 
and Conditions in this notice.
    All entrants are required to provide consent to the Official Rules, 
Terms and Conditions in this notice upon submitting an entry. 
Submissions must be received during the open submissions phase of the 
Challenge to be eligible. The open submissions phase officially begins 
October 7, 2015 with this announcement of the Challenge and continues 
to December 7, 2015 at 11:59:59 p.m., Washington DC time. Luminary Labs 
is the official timekeeper for the Challenge. Once submitted, a 
submission may not be altered during the open submissions phase. The 
Department reserves the right to disqualify any submission that the 
Department deems inappropriate.
    During the Virtual Accelerator phase, the finalists will be 
required to give their Demonstration Day presentation and demonstrate a 
final prototype.
    Entrants may enter individually or as part of a team, and teams are 
strongly encouraged. Each team member must be clearly identified on the 
team's submission form for the team to be eligible. Teams must 
designate a primary contact to serve as the team lead (Team Lead) and 
manage the distribution of any awarded prizes. In the event a dispute 
regarding the identity of the entrant who actually submitted the entry 
cannot be resolved by the Department, the affected entry will be deemed 
ineligible.
    The open submissions phase closes at 11:59:59 p.m., Washington DC 
time December 7, 2015. The Department encourages entrants to submit at 
least one hour before the deadline to ensure the completed submission 
is received. If an entrant submits an entry after the deadline date 
because a technical problem with the Challenge Web page system, the 
entrant must immediately contact the person listed under FOR FURTHER 
INFORMATION CONTACT in this notice, and provide an explanation of the 
technical problem experienced on the Challenge Web page system. The 
Department will accept the entrant's application if the Department can 
confirm that a technical problem occurred with the Challenge Web page 
system and that the technical problem affected the entrant's ability to 
submit an application by 11:59:59 p.m., Washington DC time, on the 
entry deadline date. The Department will contact the entrant after a 
determination is made on whether the entry will be accepted.

    Note: These extensions apply only to the unavailability of, or 
technical problems with, the Challenge Web page system. The 
Department will not grant an entrant an extension if the entrant 
failed to submit an entry in the system by the application deadline 
date and time, or if the technical problem experienced is unrelated 
to the Challenge Web page system.

    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the submission process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in this notice. 
If the Department provides an accommodation or auxiliary aid to an 
individual with a disability in connection with the entry submission 
process, the entry remains subject to all other requirements and 
limitations in this notice.

VII. Submission Review Information

Review and Selection Process

    Based on their individual expertise, judges will recommend up to 
five finalists to be selected by the Department from the pool of 
eligible entries. Once the Department has selected a group of finalists 
based on the recommendations of the judges consistent with the 
selection criteria, the finalists will then refine their submissions 
during the Virtual

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Accelerator phase and present their submissions on Demonstration Day.
    Entries will be scored by the judges based on the quality of each 
entry according to the criteria described in paragraph (a) of the 
Selection Criteria section in this notice. When selecting finalists 
from the open submission phase, each criterion may be worth up to 20 
points for a total of up to 100 points. When selecting the winner(s) 
from the finalists, judges will consider two additional criteria. Each 
of the seven criteria will be assigned up to 20 points for a total of 
up to 140 points available.
    By participating in the Challenge, each entrant acknowledges and 
agrees that such recommendations of the judges based on the criteria 
may differ and agrees to be bound by, and not to challenge, the final 
decisions of the Department.

VIII. Official Rules, Terms and Conditions

General Terms and Conditions

    The Department reserves the right to suspend, postpone, cease, 
terminate, or otherwise modify this Challenge or any entrant's 
participation in the Challenge, at any time at the Department's sole 
discretion.
    All entry information submitted on the Challenge Web page and all 
materials, including any copy of the submission, becomes property of 
the Department and will not be acknowledged or returned by Luminary 
Labs or the Department. However, entrants retain ownership of their 
concepts, including any software, research, or other intellectual 
property (IP) that they develop in connection therewith, subject to the 
license granted to the Department to use submissions as set forth in 
the Intellectual Property of Solutions section of this notice. Proof of 
submission is not considered proof of delivery or receipt of such 
entry. Furthermore, the Department and Luminary Labs shall have no 
liability for any submission that is lost, intercepted, or not received 
by the Department and/or Luminary Labs. The Department and Luminary 
Labs assume no liability or responsibility for any error, omission, 
interruption, deletion, theft, destruction, unauthorized access to, or 
alteration of, submissions.

Representations and Warranties/Indemnification

    By participating in the Challenge, each entrant represents, 
warrants, and covenants as follows:
    (a) The entrants are the sole authors, creators, and owners of the 
submission;
    (b) The entrant's submission--
    (i) Is not the subject of any actual or threatened litigation or 
claim;
    (ii) Does not, and will not, violate or infringe upon the 
intellectual property rights, privacy rights, publicity rights, or 
other legal rights of any third party;
    (iii) Does not, contain any harmful computer code (sometimes 
referred to as ``malware,'' ``viruses,'' or ``worms''); and
    (c) The submission, and entrants' use of the submission, does not, 
and will not, violate any applicable laws or regulations of the United 
States.
    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 the Department and/or Luminary Labs, 
documentation of all appropriate licenses and releases for such third 
party works. If the entrant cannot provide documentation of all 
required licenses and releases, the Department reserves the right, in 
its sole discretion, to disqualify the applicable submission, or direct 
the entrant to secure the licenses and releases for the Department's 
benefit within three days of notification of the missing documentation 
and allow the applicable submission to remain in the Challenge. In 
addition, the Department reserves all rights to pursue an entrant for 
claims based on damages incurred by entrant's failure to obtain such 
licenses and releases.
    Entrants will indemnify, defend, and hold harmless the Department 
and Luminary Labs 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, entrant's submission 
or any breach or alleged breach of any of the representations, 
warranties, and covenants of entrant hereunder. The Department reserves 
the right to disqualify any submission that the Department, in its 
discretion, deems to violate these Official Rules, Terms and Conditions 
in this notice.

Submission License

    Each entrant retains title to, and full ownership of, its 
submission. The entrant expressly reserves all intellectual property 
rights not expressly granted under this agreement. By participating in 
the Challenge, each entrant hereby irrevocably grants a license to the 
Department and Luminary Labs to store and access submissions in 
perpetuity that may be reproduced or distributed in the future. Please 
refer to the Intellectual Property of Submissions section of this 
notice for further information regarding rights to submissions.

Publicity Release

    By participating in the Challenge, each entrant hereby irrevocably 
grants to the Department and Luminary Labs the right to use such 
entrant's name, likeness, image, and biographical information in any 
and all media for advertising and promotional purposes relating to the 
Challenge in perpetuity and otherwise as stated in the Submission 
License section of this notice.

Disqualification

    The Department reserves the right in its sole discretion to 
disqualify any entrant who is found to be tampering with the entry 
process or the operation of the Challenge, Challenge Web page, or other 
Challenge-related Web pages; to be acting in violation of these 
Official Rules, Terms and Conditions; to be acting in an 
unsportsmanlike or disruptive manner, or with the intent to disrupt or 
undermine the legitimate operation of the Challenge; or to annoy, 
abuse, threaten, or harass any other person; and, the Department 
reserves the right to seek damages and other remedies from any such 
person to the fullest extent permitted by law.

Links to Third-Party Web Pages

    The Challenge Web page may contain links to third-party Web pages 
that are not owned or controlled by Luminary Labs or the Department. 
Luminary Labs and the Department do not endorse or assume any 
responsibility for any such third party sites. If an entrant accesses a 
third-party Web page from the Challenge Web page, the entrant does so 
at the entrant's own risk and expressly relieves Luminary Labs and/or 
the Department from any and all liability arising from use of any 
third-party Web page content.

Disclaimer

    The Challenge Web page contains information and resources from 
public and private organizations that may be useful to the reader. 
Inclusion of this information does not constitute an endorsement by the 
Department or Luminary Labs of any products or services offered or 
views expressed. Blog articles provide insights on the activities of 
schools, programs, grantees, and other education stakeholders to 
promote continuing discussion of educational innovation and reform. 
Blog articles do not endorse any educational product, service, 
curriculum, or pedagogy.

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    The Challenge Web page also contains hyperlinks and URLs created 
and maintained by outside organizations, which are provided for the 
reader's convenience. The Department and Luminary Labs are not 
responsible for the accuracy of the information contained therein.

Notice to Finalists/Winner(s)

    Attempts to notify finalists and winner(s) will be made using the 
email address associated with the finalist's Luminary Lightbox\TM\ 
account. The Department and Luminary Labs are not responsible for email 
or other communication problems of any kind.
    If, despite reasonable efforts, an entrant does not respond within 
three days of the first notification attempt regarding selection as a 
finalist (or a shorter time as exigencies may require) or if the 
notification is returned as undeliverable to such entrant, that entrant 
may forfeit the entrant's finalist status and associated prizes, and an 
alternate finalist may be selected.
    If any potential prize winner is found to be ineligible, has not 
complied with these Official Rules, Terms and Conditions, or declines 
the applicable prize for any reason prior to award, such potential 
prize winner will be disqualified. An alternate winner may be selected, 
or the applicable prize may go unawarded.

Attendance

    To maintain eligibility, finalists are required to participate in 
Challenge activities organized by the Department and Luminary Labs, 
which include the Virtual Accelerator phase, Webinars, Innovator's Boot 
Camp, and Demonstration Day. If a finalist is unable to participate in 
any mandatory activities, the finalist will not be eligible to win the 
Challenge. Finalists and winner(s) are required to attend these events 
at their own expense.

Intellectual Property (IP) of Submissions

    Entrants retain ownership of their submission, including any 
software, research or other IP that they develop in connection 
therewith, subject to the license granted to the Department to use 
submissions as set forth herein.
    Entrants retain all rights to the submission and any invention or 
work, including any software, submitted as part of the submission, 
subject to the following--
    If the submission wins, the Department retains a nonexclusive, 
nontransferable, irrevocable, paid-up world-wide license to any such 
invention or work of the submission throughout the world, in 
perpetuity, to reproduce, publish or otherwise use the work for Federal 
purposes and authorize others to do so. Please refer to Submission 
License section of this notice for further information regarding rights 
to submissions.

Dates/Deadlines

    The Department reserves the right to modify any dates or deadlines 
set forth in these Official Rules, Terms and Conditions or otherwise 
governing the Challenge.

Challenge Termination

    The Department reserves the right to suspend, postpone, cease, 
terminate or otherwise modify this Challenge, or any entrant's 
participation in the Challenge, at any time at the Department's 
discretion.

General Liability Release

    By participating in the Challenge, each entrant hereby agrees 
that--
    (a) The Department and Luminary Labs shall not be responsible or 
liable for any losses, damages, or injuries of any kind (including 
death) resulting from participation in the Challenge or any Challenge-
related activity, or from entrants' acceptance, receipt, possession, 
use, or misuse of any prize; and
    (b) The entrant will indemnify, defend, and hold harmless the 
Department and Luminary Labs 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, the 
entrant's participation in the Challenge.
    Without limiting the generality of the foregoing, the Department 
and Luminary Labs are not responsible for incomplete, illegible, 
misdirected, misprinted, late, lost, postage-due, damaged, or stolen 
entries or prize notifications; or for lost, interrupted, inaccessible, 
or unavailable networks, servers, satellites, Internet Service 
Providers, Web pages, or other connections; or for miscommunications, 
failed, jumbled, scrambled, delayed, or misdirected computer, 
telephone, cable transmissions or other communications; or for any 
technical malfunctions, failures, difficulties, or other errors of any 
kind or nature; or for the incorrect or inaccurate capture of 
information, or the failure to capture any information.
    These Official Rules, Terms and Conditions cannot be modified 
except by the Department in its sole and absolute discretion. The 
invalidity or unenforceability of any provision of these Official 
Rules, Terms and Conditions shall not affect the validity or 
enforceability of any other provision. In the event that any provision 
is determined to be invalid or otherwise unenforceable or illegal, 
these Official Rules, Terms and Conditions shall otherwise remain in 
effect and shall be construed in accordance with their terms as if the 
invalid or illegal provision were not contained herein.

 Exercise

    The failure of the Department to exercise or enforce any right or 
provision of these Official Rules, Terms and Conditions shall not 
constitute a waiver of such right or provision.

 Governing Law

    All issues and questions concerning the construction, validity, 
interpretation, and enforceability of these Official Rules, Terms and 
Conditions shall be governed by and construed in accordance with U.S. 
Federal law as applied in the Federal courts of the District of 
Columbia if a complaint is filed by any party against the Department, 
and the laws of the State of New York as applied in the New York state 
courts in New York City if a complaint is filed by any party against 
Luminary Labs.

Privacy Policy

    By participating in the Challenge, each entrant hereby agrees that 
occasionally, the Department and Luminary Labs may also use the 
entrant's information to contact the entrant about Federal Challenge 
and innovation related activities, and acknowledges that the entrant 
has read and accepted the privacy policy at: 
www.reachhigherchallenge.com/privacy.

Additional Terms That Are Part Of The Official Rules, Terms and 
Conditions

    Please review the Luminary Lightbox\TM\ Terms of Service at: 
www.LuminaryLightbox.com/terms for additional rules that apply to 
participation in the Challenge and more generally to use of the 
Challenge Web page. Such Terms of Service are incorporated by reference 
into these Official Rules, Terms and Conditions. If there is a conflict 
between the Terms of Service and these Official Rules, Terms and 
Conditions, the latter terms shall control with respect to this 
Challenge only.
    Participation in the Challenge constitutes an entrant's full and 
unconditional agreement to these Official Rules, Terms and Conditions. 
By entering, an entrant agrees that all decisions related to the 
Challenge that are made pursuant to these Official

[[Page 60663]]

Rules, Terms and Conditions are final and binding, and that all such 
decisions are at the sole discretion of the Department and/or Luminary 
Labs.
    Luminary Labs collects personal information from entrants to the 
Challenge. The information collected is subject to the privacy policy 
located here: www.LuminaryLightbox.com/privacy.

Winners List/Official Rules/Contact

    To obtain a list of finalists and winner(s) (after the conclusion 
of the Challenge) or a copy of these Official Rules, Terms and 
Conditions, send a self-addressed envelope with the proper postage 
affixed to: Luminary Labs, 30 West 22nd St., Floor 6, New York, NY, 
10010. Please specify ``Winners List'' or ``Official Rules'' and the 
name of the specific Challenge in this request.
    Please contact the person listed under FOR FURTHER INFORMATION 
CONTACT in section IX of this notice, should you have any comments or 
questions about these Official Rules, Terms, and Conditions.

IX. Agency Contact

For Further Information contact: Albert Palacios, U.S. Department of 
Education, 550 12th Street SW., Room 11-086, Washington, DC 20202 or by 
email: [email protected].
    If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-
8339.

X. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or compact disk) on request to 
the program contact person listed under FOR FURTHER INFORMATION CONTACT 
in this notice.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: September 29, 2015.
Johan E. Uvin,
Deputy Assistant Secretary, Delegated the Authority of Assistant 
Secretary for Career, Technical, and Adult Education.
[FR Doc. 2015-25245 Filed 10-6-15; 8:45 am]
 BILLING CODE 4000-01-P