Page:United States Statutes at Large Volume 124.djvu/4016

 124 STAT. 3990 PUBLIC LAW 111–358—JAN. 4, 2011 ‘‘(g) ELIGIBILITY.—To be eligible to win a prize under this sec- tion, an individual or entity— ‘‘(1) shall have registered to participate in the competition under any rules promulgated by the head of an agency under subsection (f); ‘‘(2) shall have complied with all the requirements under this section; ‘‘(3) 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; and ‘‘(4) may not be a Federal entity or Federal employee acting within the scope of their employment. ‘‘(h) CONSULTATION WITH FEDERAL EMPLOYEES.—An individual or entity shall not be deemed ineligible under subsection (g) 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 partici- pating in the competition on an equitable basis. ‘‘(i) LIABILITY.— ‘‘(1) IN GENERAL.— ‘‘(A) DEFINITION.—In this paragraph, the term ‘related entity’ means a contractor or subcontractor at any tier, and a supplier, user, customer, cooperating party, grantee, investigator, or detailee. ‘‘(B) LIABILITY.—Registered participants shall be required to 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 a competition, whether the injury, death, damage, or loss arises through negligence or otherwise. ‘‘(2) INSURANCE.—Participants shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the head of an agency, for claims by— ‘‘(A) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the registered participant’s insurance policy and registered participants agreeing to indemnify the Federal Government against third party claims for damages arising from or related to competition activities; and ‘‘(B) the Federal Government for damage or loss to Government property resulting from such an activity. ‘‘(3) EXCEPTION.—The head of an agency may not require a participant to waive claims against the administering entity arising out of the unauthorized use or disclosure by the agency of the intellectual property, trade secrets, or confidential busi- ness information of the participant. ‘‘(j) INTELLECTUAL PROPERTY.— ‘‘(1) PROHIBITION ON THE GOVERNMENT ACQUIRING INTELLECTUAL PROPERTY RIGHTS.—The Federal Government