[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Pages 76334-76340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26262]


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DEPARTMENT OF EDUCATION


Announcement of Requirements and Registration for the EdSim 
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 EdSim Challenge (Challenge), a prize competition funded 
by the Carl D. Perkins Career and Technical Education Act of 2006 
(Perkins IV or Act). The Challenge calls upon the virtual reality, 
video game developer, and educational technology communities to design 
next-generation computer-generated simulations for career and technical 
education (CTE) that prepare students for the globally competitive 
workforce of the 21st century.
    The Challenge seeks designs that lead to the acquisition of 
academic, technical, and employability skills through engaging 
simulated experiences in the hybrid reality continuum. For the purpose 
of this notice, ``hybrid reality continuum'' refers to the range of 
computer-generated simulations that extend from completely simulated 
environments to environments that incorporate aspects of the real 
world.\1\ For the purpose of this Challenge, ``EdSim'' is broadly 
defined as computer-generated three-dimensional learning environments, 
including virtual, augmented, and mixed realities that draw upon or 
mimic real-world experiences and are designed to educate users.
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    \1\ Estes, J. S., Dailey-Hebert, A., & Choi, D. H. (2016). 
Integrating Technological Innovations to Enhance the Teaching-
Learning. In D. H. Choi, A. Dailey-Hebert, and J. S. Estes (Ed.S.) 
Process. Emerging Tools and Applications of Virtual Reality in 
Education (pp 277-304), Hersey, PA: Information Science Reference 
(an imprint of IGI Global).
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    The purpose of this Challenge is to stimulate the marketplace for 
computer-

[[Page 76335]]

generated virtual and augmented reality educational experiences that 
combine existing and future technologies with skill-building content 
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and embedded assessment.

DATES: We must receive your first round Challenge submission on or 
before 4:59:59 p.m., Washington, DC time on January 17, 2017.
    The timeframes for judging the first round submissions and 
selecting the finalists will be determined by the Department.
    The Department will conduct at least one online information session 
during the first round submission phase of the Challenge. The date of 
the session will be determined and announced by the Department, posted 
on www.edsimchallenge.com (Challenge Web page), and sent to entrants by 
email. The dates for Challenge events and deadline for second round 
submissions 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 Challenge on www.edsimchallenge.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 Federal Relay Service, toll free, at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION: 

I. Administration of the Challenge Competition

    The Challenge will be 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

    Simulated digital learning environments, such as virtual and 
augmented reality experiences, training simulations, and multiplayer 
video games, represent an emerging class of instructional content 
delivery in education. Research indicates that simulation-based 
learning provides students with enriched experiences in information 
retention, engagement, skills training, and learning outcomes.\2\ The 
virtual reality, video game developer, and educational technology 
communities are invited to design simulations that prepare America's 
students for the increasingly competitive workforce through next-
generation career and technical education.
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    \2\ Tobias, S., and J. D. Fletcher. ``Reflections on `A Review 
of Trends in Serious Gaming' '' Review of Educational Research 82, 
no. 2 (2012): 233-37; Rutten, Nico, Wouter R. Van Joolingen, and Jan 
T. Van Der Veen. ``The Learning Effects of Computer Simulations in 
Science Education.'' Computers & Education 58, no. 1 (2012): 136-53.
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    A call for public feedback, which took place from November 4 to 
December 9, 2015, helped to shape the Challenge. This public feedback 
informed the design of several Challenge elements, including the 
selection criteria, approach to technology, and the content of the 
submission form. Specifically, the public feedback indicated that the 
field was interested in the Department allowing maximum flexibility to 
entrants designing concepts. More information regarding the call for 
public feedback can be found on the Challenge Web page.
    The Challenge will be conducted in four phases:
    (1) Challenge launch and the first round submission phase;
    (2) Judging of first round submissions and selection of finalists;
    (3) Virtual Accelerator Phase (inclusive of finalist mentorship, 
Innovator's Boot Camp, second round submissions, and Demonstration 
Day); and
    (4) Final judging and selection of winner(s).
    The Challenge calls upon potential entrants to submit information 
concerning concepts that would allow users to gain and demonstrate new 
academic, technical, and employability skills through engaging 
simulation experiences. The Department is most interested in immersive 
and engaging simulations that will help define the next generation of 
applied learning.
    The Department invites potential entrants to submit concepts which 
may include a prototype for discrete, playable simulations with clearly 
defined learning goals. The Department seeks concepts that aim to build 
competency in multiple skills by familiarizing the user with a 
particular career pathway or providing the user with guided 
experiences.
    The Department seeks concepts with the potential to connect to 
other simulations and set the stage for a more competitive and robust 
marketplace for educational simulations. The Department encourages 
developers to make aspects of their EdSims available through open 
source licenses and low-cost sharable components in order to increase 
access to CTE and educational simulations.\3\
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    \3\ Information on open source education technology and 
resources can be found on the Department Web site at http://tech.ed.gov/developers.
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    Up to five finalists will be selected from the pool of submissions 
received during the first round submission phase. From the total prize 
pool of $680,000, each of the finalists will be awarded $50,000 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. Finalists are required to participate in the 
Virtual Accelerator Phase, submit a second round submission, and 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,\4\ which is the day when 
finalists present their second round 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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    \4\ 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: \5\ Finalists will be required to 
participate in the Innovator's Boot Camp. The Innovator's Boot Camp 
will either be a live event in the greater New York City metropolitan 
area, or a virtual event. Finalists will be required to cover their own 
expenses to

[[Page 76336]]

attend the Innovator's Boot Camp and may use their prize money for this 
purpose. The Innovator's Boot Camp is expected to be conducted over a 
three-day period. 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 access to CTE programs for everyone, including 
individuals with disabilities.
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    \5\ 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 Challenge, the Department plans to post 
abstracts of the submissions selected as finalists and winners on the 
Challenge Web page for public viewing. Abstracts will include a concept 
summary and a selection of multimedia elements from each finalist's and 
winner's submission. The judge's scores will not be posted. Neither the 
Department nor Luminary Labs will provide feedback to entrants that are 
not selected as finalists.

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; \6\
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    \6\ 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
    (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, 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 of the Challenge;
    (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 $680,000. From the 
$680,000 Challenge prize pool funds, up to five finalists will be 
awarded $50,000 each following the judging of the first round 
submissions. Finalists will improve upon and revise their submissions 
during the Virtual Accelerator Phase. At the conclusion of the Virtual 
Accelerator Phase, finalists must submit a second round submission and 
present their submissions on 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 
five points during the judging of first round submissions in order to 
select finalists (for a total of up to 25 points). The following 
criteria will be used to select the finalists:
    (1) Learning Outcomes (up to 5 points). The extent to which the 
submission contains: Clearly defined academic, technical, and 
employability skill-learning objectives; a comprehensive description of 
the desired change or improvement in the user's knowledge and skills; 
and an efficient mechanism to provide feedback to the user and 
instructor with respect to progress toward achievement of the learning 
outcomes.
    (2) Engagement (up to 5 points). The extent to which the submission 
describes an engaging user experience that is on par with commercially 
available entertainment games.
    (3) Commitment (up to 5 points). The extent that the submission 
demonstrates an appropriate level of commitment and ability of the 
entrant to move from

[[Page 76337]]

concept to the demonstrative prototype within the timeline of the 
Challenge.
    (4) Implementation Strategy (up to 5 points). The extent to which 
the submission considers the implementation challenges that schools 
face, such as cost and potential technological constraints, including 
how to integrate with existing and future technology.
    (5) Scalability and Expansion (up to 5 points). The extent to which 
the submission demonstrates the scalability of the simulation, 
including its potential to connect with other simulations, as well as 
set the stage for a more competitive and robust marketplace for 
educational simulations.
    (b) When judging the finalist submissions, including a prototype, 
judges will recommend to the Department the winner(s) from the pool of 
the finalists. From the pool of finalists, the winner(s) will be 
selected based on the following six criteria. Each of the six selection 
criteria may be assigned up to five points during the selection of the 
winner(s) from the pool of finalists (for a total of up to 30 points). 
The following criteria will be used to select the winner(s):
    (1) Learning Outcomes (up to 5 points). The extent to which the 
simulation prototype contains clearly defined academic, technical, and 
employability learning objectives; spurs change or improvement in the 
user's knowledge and skills; and provides data to the user and 
instructor with respect to progress toward achievement of the learning 
outcomes.
    (2) Engagement--User Experience (up to 5 points). The extent to 
which the simulation prototype demonstrates an engaging user experience 
on par with commercially available entertainment games.
    (3) Engagement--User Interface (up to 5 points). The extent to 
which the simulation prototype exhibits a thoughtful user interface 
design on par with commercially available entertainment games.
    (4) Commitment (up to 5 points). The extent to which the 
submission--
    (i) Demonstrates the entrant's evolution and improvement of the 
concept; and
    (ii) Illustrates the entrant's ability and intention to improve 
upon and scale the simulation beyond the Challenge timeframe.
    (5) Implementation Strategy (up to 5 points). The extent to which 
the submission describes a detailed plan for implementation that takes 
into account potential barriers such as cost and technological 
constraints, including integration with existing and future technology, 
and proposes potential solutions to overcome such barriers.
    (6) Long-term Vision (up to 5 points). The extent to which the 
submission--
    (i) Demonstrates a plan for encouraging collaboration among the 
developer community, including making aspects of the solution available 
through open source licenses; and
    (ii) Provides a vision of how the entrant's plan will stimulate the 
broader educational simulation market.

VI. Submission Information

    1. To participate in the Challenge, an entrant must--
    (a) Register on the Challenge Web page.
    (b) Enter the required information on the Challenge Web page 
submission form.
    2. Content and Form of Submission:
    To submit an entry to the first round of the Challenge, an entrant 
must complete the submission form on the Challenge Web page. Finalists 
must submit a second round submission using the second round submission 
form on the Challenge Web page to be eligible for winner selection.
    3. Submission Dates and Times:
    The first round submissions phase officially begins November 2, 
2016 with this announcement of the Challenge and continues to January 
17, 2017 at 4:59:59 p.m., Washington, DC time. Luminary Labs is the 
official timekeeper for the Challenge.
    Submissions must be received during the first round submissions 
phase of the Challenge to be eligible. To submit an entry to the 
Challenge, an entrant must go to the Challenge Web page and complete 
all required fields of the submission form before the close of the 
first round submissions phase. Each entrant must complete all of the 
required fields in the submission form in accordance with the Official 
Rules, Terms, and Conditions section of this notice. All entrants are 
required to provide consent to those Official Rules, Terms, and 
Conditions upon submitting an entry. Once submitted, a submission may 
not be altered during the first round submissions phase. The Department 
reserves the right to disqualify any submission that the Department 
deems inappropriate.
    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 first round submissions phase closes at 4:59:59 p.m., 
Washington, DC time on January 17, 2017. The Department encourages 
entrants to submit entries as far in advance of the deadline as 
possible and suggests not later than one hour before the deadline to 
ensure the completed submission is received. If an entrant is unable to 
submit an entry before the deadline date because of 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. Where possible, this should include a 
screenshot or photograph of the on-screen problem. The Department will 
accept the entrant's submission 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 entry 
by 4:59:59 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 submission 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 submission process, 
the entry remains subject to all other requirements and limitations in 
this notice.

VII. Submission Review Information

Review and Selection Process

    Should the volume of first round submissions exceed the capacity of 
the independent judges to conduct a thorough evaluation of the 
submissions, an independent review panel with expertise relevant to the 
criteria described in the Award Selection Criteria section of this 
notice will conduct a preliminary review of the first

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round submissions. In conducting the preliminary review, the 
independent review panel will assign scores to each first round 
submission according to the criteria described in the Award Selection 
Criteria section of this notice. During the preliminary review, each 
criterion may be assigned up to 5 points for a total of up to 25 
points.
    The size of the independent review panel will be based on the 
number of submissions received. Each member of the independent review 
panel will score a maximum of thirty submissions and all submissions 
will receive scores from three different independent review panelists.
    The submissions with the thirty highest scores assigned by the 
independent review panel will then be scored by independent judges 
based on the quality of each entry according to the criteria described 
in the Award Selection Criteria section of this notice.
    Based on their individual expertise, judges will recommend up to 
five finalists to be selected by the Department. 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 Accelerator Phase. At the 
conclusion of the Virtual Accelerator Phase, finalists will submit a 
second round submission 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 first round submission phase, each of the five criteria may be 
worth up to five points for a total of up to 25 points. When selecting 
the winner(s) from the finalists, judges will consider the six criteria 
described in paragraph (b) of the Selection Criteria section in this 
notice. Each of the six criteria will be assigned up to five points for 
a total of up to 30 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 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 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

[[Page 76339]]

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 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.
    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 Team Lead'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, 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 an exclusive, 
nontransferable, irrevocable, paid-up world-wide license to publish and 
publicly demonstrate any such invention or work of the submission 
throughout the world, in perpetuity, for Federal purposes.
    As specified in Selection Criteria (b)(6) Long-term Vision, 
finalists will be evaluated, in part, on the aspects of their 
simulation they plan to make available through open source licenses. 
Finalists will be asked to provide evidence of their progress towards 
this goal as part of the second round submission.

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

[[Page 76340]]

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.edsimchallenge.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 Rules, Terms and 
Conditions are final and binding, and that all such decisions are at 
the sole discretion of the Department 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: October 26, 2016.
Johan E. Uvin,
Deputy Assistant Secretary, Delegated the Duties of Assistant Secretary 
for Career, Technical, and Adult Education.
[FR Doc. 2016-26262 Filed 11-1-16; 8:45 am]
BILLING CODE 4000-01-P