Twilio Dev.to Hackathon Terms

Last Updated: April 2, 2020
 

This Application Competition Terms Agreement (this “Agreement”) sets forth the terms of use of hyperlinks (“links”) to your website and software and your related trademarks between Twilio Inc., a Delaware corporation located at 375 Beale St., Suite 300, San Francisco, CA 94105, and its agents, affiliates, subsidiaries, contractors, successors, and assigns (“Twilio”) and you. This Agreement governs your participation in Twilio’s Hackathon with Dev.to. By registering, or submitting any work, code, software, or other item (a “Submission”) to this competition, you are confirming that you understand this Agreement, and that you accept all of its terms and conditions. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the entity to this Agreement, in which case “you” will mean the entity you represent.

In consideration of the mutual promises and obligations herein, along with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. LICENSE. You grant to Twilio and their affiliates a non-exclusive, worldwide, perpetual, fully paid up, royalty-free, sublicensable, transferable license to (1) hyperlink to your website and software from Twilio’s websites, or websites from Twilio’s agents, affiliates, or assigns; (2) use and display your name, professional and personal information, photo, likeness, and your trademarks related to your software for any purpose related to this Competition; (3) copy, distribute, compile, revise, and otherwise use any Submission transmitted to Twilio, linked to, or listed on any registration form.

2. Consideration for Participation. Each individual, or group of individuals (an “Entrant”), who submit a Submission that complies with all requirements set forth herein, will receive a $50 DEV Shop Credit, and a digital DEV “Twilio Hackathon” Participation Badge. Each Entrant, and each individual, is limited to one DEV Shop Credit and one digital DEV “Twilio Hackathon” Participation Badge.

3. CodeExchange Terms and Conditions. By accepting this CodeExchange Dev.to Hackathon Terms, you agree that you accept the Twilio CodeExchange Community Program Agreement, available at https://ahoy.twilio.com/code-exchange-community are incorporated herein by reference.

4. Participation and Eligibility.

4.1. Eligibility. Eligibility is open to individuals, and groups of individuals, eighteen years of age or older. Individuals domiciled in Cuba, Sudan, Iran, North Korea, or any country under trade or economic sanction or where the laws of the United States or local law prohibit their participation are not eligible. Employees and contractors of Twilio, its affiliates, or agents and family members of such employees and contractors are eligible to participate, but are not eligible to win any prizes, other than digital badges.

4.2. Submission Requirements.

a. All Submissions must be submitted before 11:59 pm, Pacific Time on April 30, 2020, at https://twil.io/dev-hack-april.
b. All Submissions must be provided in the English language.
c. All Submissions must be newly created during the applicable contest period.
d. All code Submissions must be open source and licensed under a permissive license such as MIT or Apache-2.
e. Entrants must use the GitHub account they used to sign the CodeExchange Community Agreement to host the code. If another account is to host the Submission, Entrants must list the GitHub username used to sign the agreement with in the Submission post.
f. All code entries must have a README with clear setup instructions. An example is available at http://github.com/twilio-labs/sample-template-nodejs
g. No security vulnerabilities or violating security best practices (hard coded credentials, plain text passwords) are permitted in any Submission.
h. Submissions must work as described in the repository's README and submission post.
i. Submissions must be testable without additional charges outside of Twilio charges.
j. Submissions must not violate Twilio's Terms of Service, Privacy Policy, or any other policy.

5. TWILIO TRADEMARKS. Unless expressly authorized, you may not use any Twilio trademarks in any manner that implies Twilio sponsorship or endorsement of your company, project or software.

6. REPRESENTATIONS AND WARRANTIES. You represent and warrant that your website, and any work, software, or other item submitted:
complies with all specifications set forth on the CodeExchange Website;
do not and will not violate any applicable law;
do not and will not contain or have links to sites containing pornography or recreational drug-related paraphernalia;
do not and will not disparage or make negative references to Twilio;
do not and will not contain any false, misleading, fraudulent, abusive or libelous content;
do not and will not infringe any intellectual property rights or any other rights of any third party; and
do not and will not contain any security vulnerabilities or any program, routine, device or other undisclosed feature, including without limitation, a so-called time bomb, virus, software lock, drop dead device, malicious logic, worm, Trojan horse or trap or back door, or other harmful device which is designed to delete, disable, deactivate, provide unauthorized access, interfere with or otherwise harm any software, program, data, device, system or service, or which is intended to provide unauthorized access or to produce unauthorized modifications.

7. Prizes and Judging.

7.1. The Prizes to be awarded:

Four Grand Prizes to include:
$1,500 USD Gift Card or equivalent
Twilio Swag Pack ($300 value)
SIGNAL 2020 Ticket
Added to CodeExchange
$300 in DEV Shop Credit
DEV “Twilio Hackathon” winner badge

Ten Runner-Ups to include:
$150 in DEV Shop Credit
DEV “Twilio Hackathon” runner-up badge

Each Entrant may win only one prize. Only one prize may be awarded per Submission. Twilio may verify each Entrant’s eligibility before awarding a prize.

7.2. Judging. All Submissions will be judged by judges selected by Twilio. Twilio reserves the right to select the judges and to establish criteria for judging. Decisions of the judges are final and binding, and any deliberations among the judges may be kept confidential by Twilio. Judging will take place on or about on May 1, 2020. Twilio, may, in its sole discretion, conduct judging on a different date.

7.3. Categories. One Grand Prize will be awarded to one winner in each of the following categories:

Engaging Engagements
COVID-19 Communications
Interesting Integrations
Exciting X-Factors

In its sole discretion, Twilio may decide not to award any submission in a given category.

7.4. Taxes. All taxes for any prize are the responsibility of each winning entrant. Each winning Entrant will cooperate with Twilio, and its agents, in compliance with all tax reporting obligations, and will supply any requested documentation to Twilio for tax compliance purposes. All Entrants acknowledge that failure to supply requested information for tax compliance purposes may result in fioriture of any prize, without additional compensation. Twilio will not withhold any taxes.

7.5. Winner Notification. Winners will be notified by email, on or after May 4, 2020. Winning Submissions and Entrants may be posted on the CodeExchange website. A list of winners may be obtained by sending a request to open-source@twilio.com.


8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.

8.1 TWILIO PROVIDES THE COMPETITION AND CODE EXCHANGE WEBSITE “AS IS” AND DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL TWILIO BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF TWILIO HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE PROVISIONS OF THIS SECTION 8 ALLOCATE THE RISKS PURSUANT TO THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.

9. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Twilio from and against any claims or lawsuits, and any losses, liabilities, damages, costs and expenses (including attorneys' fees), arising from your website, software or your related trademarks or breach of your representations and warranties. Twilio will give you prompt written notice of any such claim, tender to you the defense or settlement of such a claim at your expense, and cooperate with you, at your expense, in defending or settling such claim.

10. TERM AND TERMINATION. This Agreement is effective until terminated by mutual agreement, unless otherwise terminated sooner in accordance with this Section. Twilio has the right to terminate this Agreement immediately. You have the right to terminate this Agreement upon thirty (30) days’ prior written notice to Twilio. Twilio agrees, upon termination or such written notice from you, to delete the hyperlink to your website and/or software and to immediately discontinue any use of your related trademarks. Upon termination, Sections 1, 6, 8, 9, 10, 11, and 12 will survive.

11. CHOICE OF LAW. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California, without giving effect to its choice of law provisions. The courts located in the City and County of San Francisco, California shall have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction, the United Nations Convention on Contracts for the International Sale of Goods, or the Uniform Computer Information Transactions Act, the application of any of which is expressly excluded.

12. Integration. This Agreement, and the documents incorporated by reference, is the complete and exclusive statement of your agreement with Twilio, which supersedes any prior agreement, oral or written, between you and Twilio with respect to your website, software, trademarks, and this competition. No variation of the terms of this Agreement will be enforceable against a party unless such party gives its express consent, in writing signed by an officer of such party. This Agreement will be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns.