Contest Rules

Contest Rules

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IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS. BY CLICKING ON THE “AGREE” OR “YES” BUTTON OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT CLICK THE “AGREE”, OR “YES” BUTTONS OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE.

The Twilio Developer Contest (the “Contest”) is a contest aimed at encouraging the development of innovative applications based on Twilio, s application programming ). All eligible entries will be judged based on the criteria listed in these terms and conditions (“Terms”), and prizes will be awarded to the winning entries. This Contest is sponsored by Twilio, Inc., 548 Market St #14510, San Francisco, CA or the “Sponsor”).

The Contest begins at 12:01 a.m. PST on May 18, 2009. For most updated schedule information, look at the contest Main Main ) at http://contests.twilio.com. By participating in this Contest, you (“You” or “Your”) will have the opportunity to win prizes from a total available pool of fifteen (60) Dell Netbook computers, worth in aggregate more than Five Thousand United States dollars (US $20,000). Each individual computer has a minimum value of Two Hundred Dollars (US $200).

Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Terms. If you do not agree to all of these Terms, then please do not submit an entry to the Contest.

Eligibility

This Contest is open to software developers who are 18 years of age or older at the time of entry. If a group or entity enters this Contest, then for the purposes of this Contest the group or entity shall be treated as single person. This Contest is void where prohibited by applicable law. Employees of Sponsor, their immediate family members and persons living in the households of said employees are not eligible to enter this Contest.

Submissions

In order to participate in the Contest You will be required to submit Your application according to the Submission Schedule detailed on the Main Page.

Application Requirements

The application must leverage Twilio’s API. You must give detailed instructions on how to install and/or run the application provided. Your instructions shall provide the use case and step-by-step instructions for demonstration Application may be run from Your paid Twilio account, or from a free Twilio Sandbox account.

If Your application has a web component, Your entry must include instructions on how to obtain access to the web application, including instructions on setting up an account and/or any other web services (Twitter, Facebook, Flickr, etc.) that are needed for the application demonstration.

Web applications should run in a browser installed on a laptop running Windows XP, Ubuntu or on a Mac.

Mobile applications may be eligible, but please verify before submitting your entry that the device (specific phone, OS, etc.) and network being used are those that Twilio can test with by sending an email to help@twilio.com. Applications on devices that Twilio does not have access to cannot be judged and will be disqualified. Devices must not be required to be unlocked or hacked in any fashion.

Generally, an application that needs only a web browser and a PSDN-phone connection to be executed should be executable; however, if additional requirements are needed to execute the application, then it may not be judged.

Any third party software or accounts required for the operation of Your application shall be provided by You in accordance with all applicable laws; Twilio will not purchase software to test applications.

Your application must be configured to run from your web server, as configured in your Twilio phone numbers, Twilio Sandbox, or application code using our Twilio API.

You must follow the most up-to-date Submission Schedule and other rules for application submission as specified on the Main Page.

All entries will be kept confidential to Twilio and Twilio-invited external judges until the results are announced in accordance with the schedule specified.

Applications that do not follow the Submission Schedule and other rules or that cannot be executed by the judges will not be eligible to participate in the contest and deemed disqualified.

You must conform to these Terms in order to be eligible to participate in the Contest. And Sponsor may, from time to time during the Contest or in connection with the prize, require You to provide and confirm (by signature or any other means determined by Sponsor) additional identifying or other information in order to maintain eligibility to participate in the Contest.

Application Submission

You must submit your application in accordance with the Submission Schedule (by midnight Pacific Time on the deadline posted) and other rules and according to the Application Requirements set forth above. Your application must meet the requirements set forth in such Application Requirements.

Your application must have been created by You (You may create Your application together with any other person), and by submitting an application, You represent and warrant that You own unrestricted all rights necessary to create and submit Your application, and that Your application does not defame any person, violate rights of publicity or privacy of any person, or otherwise infringe upon any person’s intellectual property rights.

To be eligible for entry in the Contest, You must submit Your proposed application concept (if applicable) and Your application online by following the instructions as specified in the Submission Schedule and in accordance with other contest rules found on the Main Page. You may enter as many applications as You wish during any judging period or the entire Contest. However, an application may not be submitted for more than one Category, as such Categories are set forth on the Main Page. Furthermore, a particular application may win only one (1) prize total in the entire contest.

Application Review and Judging

All eligible applications will be judged and ranked by members of Twilio’s Judging Committee based on the Grading Criteria and in its sole discretion. Twilio expects to receive more than [1000] entries through the end of the contest on December 31, 2010. Review and selection of winning applications will be completed weekly by 11:59 PM each Monday until the end of the Contest, with the first prize awarded on Monday, May 25th. Only one winning entry will be chosen during each judging period. Each winning entry shall receive one (1) Dell Netbook computer, worth a minimum value of Two Hundred Dollars (US $200). Groups or entities who win the Contest will receive one (1) prize to be shared among the respective group or s members per winning application.

To be considered for a given week’s prize in the designated Category, an application must be submitted by 11:59 PM the previous Sunday All submitted applications will be reviewed based on the quality and innovation of the application as set forth in the Grading Criteria, as well as the Application Requirements listed above. Each entry must meet the requirements, in Sponsor’s sole discretion, to be considered for the Contest. Any non-conforming entries will be disqualified. Entries that contain any content that is unlawful or may constitute an infringement of any intellectual property rights of a third party, in Sponsor’s sole discretion, will be disqualified.

All decisions regarding prize awards are final and binding in all matters relating to this Contest. Prizes will be awarded based on the Categories and Grading Criteria set forth on the Main Page. All prize values are stated in U.S. dollars. The Sponsor reserves the right to substitute any prize package with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available.

Expenses not specifically stated on the Main Page, together with the reporting and payment of all applicable taxes, fees, surcharges or governmental duties of any kind, if any, arising out of or related to acceptance or use of a prize, are the sole responsibility of the winner of that prize.

You hereby agree that Twilio may contact you regarding your Contest entry or application. If You are a winning contestant, You also hereby agree that You will allow the use of Your personal data including, but not limited to, name, likeness, and/or voice in publicity or advertising relating to the Contest without further compensation from Sponsor. You also hereby acknowledge and agree that you will allow Sponsor to promote you as a winner on the Twilio website.

You hereby agree that Sponsor’s obligation is fair and adequate consideration for any entry submitted, and that You are not entitled to and shall not seek any further compensation from Sponsor.

Winner Notification

Each winner will be notified via the e-mail address specified during contest registration within 48 hours, and the applicable prize will be awarded within fifteen (15) days of s acceptance in writing.

Announcements of winning applications will be made weekly on Mondays, starting May 25th, 2009, in one or more of the following manners:

Announcement on the Twilio Web Site (http://www.twilio.com)

* Post to the Twilio Blog (http://blog.twilio.com)

* Press release

* Private email news letters to Twilio customers and partners

Each prize winner may be required to sign and return an affidavit of eligibility, a signed copy of these Terms, and/or liability/publicity release (except where prohibited by law) and provide any additional information, that may be required for the Sponsor to comply with applicable law. Winner will have fifteen (15) days from receipt of notification to accept the prize in writing. If the applicable winner has not responded to Sponsor for more than three (3) days after Sponsor has attempted to notify him or her that he or she has been selected as a winner via the email address submitted, is found ineligible for any reason, fails to claim the applicable prize within fifteen (15) days after receipt of notification of winning, or fails to comply with any term or condition of these Terms, the prize may be forfeited and an alternate winner selected.

Limitation of Liability and Indemnity

YOUR PARTICIPATION IN THE CONTEST IS AT YOUR OWN RISK. THE SPONSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE CONTEST. THE SPONSOR SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST. The Sponsor assumes no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Contest, nor for theft, destruction or unauthorized access to, or alteration of Your application or any other materials submitted by You. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users, Contest participants or any of the equipment or programming associated with or utilized in the Contest; or for any technical or human error which may occur in the processing of submissions in the Contest. The Sponsor assumes no responsibility for any error, interruption, defect, or delay in operation or transmission, failures or technical malfunction of the Internet, or any telephone network or lines, computer online systems, servers, computer equipment, software, or e-mail. The Sponsor is not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Contest. Some jurisdictions may not allow certain limitations on liability and so the foregoing limitations may not apply to You. Unless prohibited by law, Sponsor’s liability shall be limited to One United States dollar (US$1.00).

You agree to release, indemnify and hold harmless Sponsor from any and all losses, damages, rights, claims, expenses (including without limitation attorneys fees and court costs) and actions of any kind in connection with the Contest or submitting any concept and/or application or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, property damage, and claims based upon intellectual property infringement, publicity rights, defamation, or invasion of privacy.

General

The Sponsor may discontinue, cancel or reschedule the Contest, or otherwise disqualify any entry, for any reason or no reason, in its sole discretion at any time.

The Contest and these Terms are governed by the laws of the State of California without regard to conflict of laws principles. Any controversy arising under or related to this Contest shall be settled by arbitration to be held in San Francisco, California unless the parties hereto mutually agree in writing to another place.

If either party is required to engage in any proceedings, legal or otherwise, to enforce its rights under these Terms, the prevailing party shall be entitled to recover from the other, in addition to any other sums due, the reasonable attorney’s fees, costs and necessary disbursements involved in said proceedings.

If any provision of these Terms is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, provided that if no such interpretation is possible, the provision shall be stricken and the remaining provisions of these Terms shall remain in effect to the fullest extent allowable under applicable law. The headings in these Terms are inserted for convenience only and do not affect its interpretation.

These Terms constitute the final, complete and exclusive understanding between the Sponsor and You with respect to Your participation in the Contest, and supersede any prior or contemporaneous representations, rules, or agreements, whether written or oral.

Twilio is trademark of Twilio, Inc. All other names are trademarks of their respective companies.

This Contest is void where prohibited.