Alexa Developer Community Contest Official Rules – (the “Official Rules”)

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Name:  Alexa Developer Community Challenge (the “Competition”)

Website: http://alexadevcommunitycontest.devpost.com (the “Competition Website”)

1. POSTER & ADMINISTRATOR

Poster (the “Poster”): Amazon Digital Services LLC, 410 Terry Avenue North, Seattle, WA 98109-5210.

The Poster is the sponsor of the Competition.

Administrator (the “Administrator”): Devpost, Inc. (“Devpost”), 222 Broadway, 19th Floor, New York, NY 10038.

The Administrator is responsible for the rules, administration, and operation of the Competition. The Poster, Amazon, is not responsible for the administration or operation of the Competition. IMPORTANT: The Administrator will be the official timekeeper for the Competition.

2. DATES AND TIMING

Skill Submission Period: October 7, 2019 (7:00am Pacific Time, USA) – October 21, 2019 (2:00pm Pacific Time, USA) (the “Submission Period”)

Additional Feedback Submission Application Period: October 22, 2019 (7:00am Pacific Time, USA) – October 28, 2019 (2:00pm Pacific Time, USA) (the “Additional Reviewer Period”)

Skill Feedback Submission Period: November 1, 2019 (7:00am Pacific Time, USA) – November 19, 2019 (2:00pm Pacific Time, USA) (the “Finalist Judging Period”)

Skill Feedback Judging Period: November 19, 2019 (7:00am Pacific Time, USA) – November 22, 2019 (2:00pm Pacific Time, USA) (the “Skill Review Judging Period”)

Winners Announced: On or around December 2, 2019 (10:00am Pacific Time)

3. ELIGIBILITY

A. The Competition IS open to:

Individuals who are at least 18 years of age and are residents of the United States.

B. The Competition IS NOT open to:

Individuals who were not expressly invited to participate by Amazon or Devpost and individuals who are not residents of the United States.

4. SUBMISSION REQUIREMENTS

SUBMISSIONS REQUIREMENTS FOR SKILL SUBMITTER INVITEES:  

Makers who are expressly invited by Amazon or Devpost to submit their skill must do the following to participate in the Competition:

• Register for the Competition on the Competition Website by clicking the “Register for this Competition” button. To complete registration, sign up to create a Devpost account, or log in with an existing Devpost account. There is no charge for creating a Devpost account. This will enable you to receive important updates and access the “Enter a Submission” page.
• Enter your Skill:
• Complete and enter all of the required fields on the “Enter a Submission” page of the Competition Website, including your SKILL ID, URL to your Skill in the U.S. Alexa Skill Store, and if you intend to submit feedback for other entered skills. (If you do not complete two eligible feedback submissions, you will NOT be eligible for a prize.) 
• If the Maker confirmed their intention to submit feedback for other skills, they must complete two assigned skill feedback submissions. Submissions are subject to quality and eligibility standards set out below.

SUBMISSIONS REQUIREMENTS FOR FEEDBACK SUBMITTER INVITEES

Feedback submitters who were expressly invited to participate by Amazon or Devpost must do the following to participate in the Competition:

• Complete and enter all of the required fields on the Feedback Submitter Application form here: (https://alexadevcommunitycontest.devpost.com/details/reviewers)
• If the application to participate is accepted, feedback submitters must complete two assigned skill feedback submissions. Feedback submissions are subject to quality and eligibility standards set out below.

QUALITY AND ELIGIBILITY STANDARDS OF FEEDBACK SUBMISSIONS 

• To be eligible for most prizes, you must complete feedback submissions on the two skills assigned to you by Devpost by doing the following:
• Install and interact with each assigned skill
• Complete an eligible feedback submission of each assigned skill and post it as a comment on the skill’s Devpost project page prior to the feedback submission deadline
• To be eligible for Bonus prizes, you must complete feedback submissions on more than the two assigned skills in the Submission Gallery (https://alexadevcommunitycontest.devpost.com/submissions).
• Feedback submissions will be confirmed eligible if:
• The feedback submitter installed and used the assigned skill
• The feedback submitter included actionable feedback that the Skill Maker can use to improve their skill (for example, bug reports, user interface improvements, suggested integrations, and more)
• The feedback submitter posted the feedback as a comment on the Devpost project page prior to the feedback submission deadline
• The feedback submissions are uniquely written by the submitter for each assigned skill, and are not modified versions of another submitter’s feedback

A. Language Requirements

• Language Requirements for your skill: Your skill must support the English language and be published in the U.S. Alexa Skill Store. 
• Language requirements for your submission to Devpost: All Submission materials must be in English or, if not in English, the Maker must provide an English translation of the text description and testing instructions as well as all other materials submitted. 

The Poster will have the ability to disqualify a submission or review for not sufficiently fitting the requirements.

iii. Functionality: The skill must be functioning and published in the U.S. Alexa Skill Store prior to the end of the Skill Submission Period. 

iv. Multiple Submissions: A Maker may NOT submit more than one Skill Submission.

v. Intellectual Property: Your Submission must: (a) be your (or your Team, or Organization’s) original work product; (b) be solely owned by you, your Team, or your Organization with no other person or entity having any right or interest in it; (c) not violate the intellectual property rights or other rights including but not limited to copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity; and (d) comply with the Developer Agreement and all terms, rules and policies that Poster or its affiliates make available regarding submission of Alexa Skills. A Maker may contract with a third party for technical assistance to create the Submission provided the Submission components are solely the Maker’s work product and the result of the Maker’s ideas and creativity, and the Maker owns all rights to them. A Maker may submit a Submission that includes the use of open source software or hardware, provided the Maker complies with applicable open source licenses and, as part of the Submission, creates software that enhances and builds upon the features and functionality included in the underlying open source product. By entering the Competition you represent, warrant, and agree that your Submission meets these requirements.

vi. Skills Provided Free of Charge: Skills must be provided free of charge until the winners of the Competition have been announced.

B. Optional Text Description, Image, and Videos 

i. Text Description: The text description should explain the features and functionality of the Skill and may include specific areas for feedback that you would like to receive

ii. Images: Images or screenshots are optional.

iii. Video: (Optional) The video portion of the Submission:

1. should be less than five (5) minutes;
2. should include appropriate disclosure on the video or text description that it is being posted as part of entry into the Competition (#AlexaDevCommunityContest);
3. should include footage that clearly explains the Skill’s features and functionality through a comprehensive demonstration;
4. must be uploaded to YouTube, Vimeo, or Youku and be made public, and a link to the video must be provided on the submission form on the Competition Website; and
5. must not include third party trademarks, or copyrighted music or other material unless the Maker has permission to use such material;
6. must not infringe on any third party’s intellectual property, including featuring names and images of people without their permission;
7. must comply with Amazon Community Guidelines; and
8. in the event a minor appears in the video, the minor should be the legal child of Maker. If Maker is not the parent or legal guardian of the child appearing in the video, Maker must obtain written consent from the parent/legal guardian to publicly feature the child in the video.

C. Submission Modifications

1. Draft Submissions: Prior to the end of the Submission Period, you may save draft versions of your Skill Submission on Devpost to your portfolio before submitting the Submission materials to the Competition for evaluation. Once the Submission Period has ended, you may not make any changes or alterations to your Submission, but you may continue to update the project in your Devpost portfolio.
2. Modifications after the Submission Period. The Poster may permit you to modify part of your Submission after the Submission Period for the purpose of acquiring additional consent forms, adding the Competition hashtag to the demonstration video, or removing material that potentially infringes a third party mark or right, discloses personally identifiable information, or is otherwise inappropriate. The modified Submission must remain substantively the same as the original Submission with the only modification being what the Poster permits. The administrator may add the Competition hashtag to the demonstration video on behalf of the submitter.

5. SUBMISSION RIGHTS

i. Maker Rights: Subject to the licenses described below and granted in the Developer Agreement, any applicable intellectual property rights to a Submission will remain with the Maker.

ii. Administrator and Poster Rights: By entering the Competition, you grant to the Poster, Administrator, and any other third parties acting on the Poster’s behalf, a royalty-free, non-exclusive, worldwide perpetual license to display publicly and use for promotional purposes the Submission, in perpetuity. This license includes, but is not limited to, posting or linking to the Submission on Poster’s, Administrator’s, and partners’ websites and applications, including the Competition Website, and display and promotion of the Submission in any other media, worldwide.

iii. Submission Display: The following Submission components may be displayed to the public: name, description, images, video URL, and website. Other Submission materials may be viewed by the Poster, Administrator, and Judges for screening and evaluation.

iv. Representations and Warranties: Makers represent and warrant that the Poster, Administrator, and Competition partners are free to use Makers’ Submission in the manner described above, as provided or as modified by the Administrator, without obtaining permission or license from any third party and without any compensation to Makers.

6. JUDGING

i. Judges: Eligible Skill Feedback Submissions will be evaluated by the Poster (the “Judges”) and installation of the Skills will be confirmed by Amazon. 

ii. Criteria: Bonus prizes will be awarded to the four participants who provide the most number of eligible feedback submissions. 

During the Feedback Submission Judging Period, Amazon will verify that reviewers installed the assigned skills. (The above are collectively the “Judging Criteria”).

iii. Tie Breaker: For Bonus Prizes listed in Section 7 below, if two or more Feedback Submitters are tied, the tied participant who submitted all eligible feedback submissions first will be considered the winner. 

7. PRIZES

IMPORTANT NOTE ON BONUS PRIZE ELIGIBILITY:

• The Bonus Prizes will only be awarded if there are eligible feedback submitters who complete more than the two assigned skill reviews. 
• Feedback submitters may complete reviews of additional skills in the Submission Gallery to be eligible for Bonus Prizes (https://alexadevcommunitycontest.devpost.com/submissions)

8. VERIFICATION OF POTENTIAL WINNERS

A. Verification Requirement: THE AWARD OF A PRIZE TO A POTENTIAL WINNER MAY BE SUBJECT TO VERIFICATION OF THE IDENTITY, QUALIFICATIONS AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE SUBMISSION. No submission or submitter shall be deemed a winning submission or winner until their post-competition prize affidavits have been completed and verified (if requested by the Poster), even if prospective winners have been announced verbally or on the competition website. The final decision to designate a winner shall be made by the Poster and/or Administrator.

B. Required Forms: Potential winners will be notified using the email address associated with the Devpost account used to enter the Submission. In order to receive a Prize, the potential winner  may be required to sign and return to the Administrator, affidavit(s) of eligibility (or a similar verification document) and liability/publicity release(s), method of payment, and any applicable tax forms (“Required Forms”). 

C. Deadline for Returning Required Forms: ten (10) business days after the Required Forms are sent.

D. Disqualification: The Administrator may deem a potential winner ineligible to win if:

• the potential winner does not respond to multiple emails or fails to sign and return the Required Forms by the deadline listed above, or responds and rejects the Prize;
• the Prize or Prize notification is returned as undeliverable; or
• the Submission or the potential winner is disqualified for any other reason.

In the event of a disqualification, the Administrator may award the applicable Prize to an alternate potential winner.

10. PRIZE DISTRIBUTION

i. Substitutions & Changes: The Administrator has the right to make a Prize substitution of equivalent or greater value. The Administrator will not award a Prize if there are no eligible Submissions entered in the Competition, or if there are no eligible Makers or Submissions for a specific Prize.

ii. Prize Delivery: Prizes will be payable to the Maker.

Prizes are payable via any means of the Poster or Administrator's choosing, whether electronic or not, and are payable only after receipt of the Required Forms. A winning Maker may be required to provide a mailing address, bank information, and/or create an account with an electronic payment provider of the Poster or Administrator’s choosing in order to receive payment.

Failure to provide correct information on the Required Forms, or other correct information required for the delivery of a Prize, may result in delayed Prize delivery, disqualification or the Maker, or forfeiture of a Prize.

Participation Prize Delivery: Participation prizes will only be payable to eligible participants. Winners in the United States will receive a digital gift card to Amazon.com deliverable via email. Participants will have sixty (60) days from the winner announcement to claim a participation prize. Inquiries about participation prizes will only be accepted through emails to support@devpost.com. Sponsor or administer may choose at their own discretion to substitute any awards via alternate means of the same value.

iii. Prize Delivery Timeframe: Within 60 days of the Administrator’s receipt of the Required Forms. 

iv. Fees & Taxes: Winners are responsible for any fees associated with receiving or using a prize, including but not limited to, wiring fees. Winners are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9 and residents of other countries are required to provide a completed W-8BEN form. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant government departments/agencies, if necessary. The Poster, Administrator, and/or Prize provider reserve the right to withhold a portion of the prize amount to comply with the tax laws of the United States or other Poster jurisdiction, or those of a winner’s jurisdiction.

11. ENTRY CONDITIONS AND RELEASE

i. By entering the Competition, you agree to the following:

1. The relationship between you, the Maker, and the Poster and Administrator, is not a confidential, fiduciary, or other special relationship.
2. You will be bound by and comply with these Official Rules and the decisions of the Poster, Administrator, and/or the Competition Judges which are binding and final in all matters relating to the Competition.
3. You release, indemnify, defend and hold harmless the Poster, Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Maker’s entry, creation of Submission or entry of a Submission, participation in the Competition, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules.

ii. Without limiting the foregoing, the Released Parties shall have no liability in connection with:

1. any incorrect or inaccurate information, whether caused by the Poster or Administrator’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Competition;
2. technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Competition Website;
3. unauthorized human intervention in any part of the entry process or the Competition;
4. technical or human error which may occur in the administration of the Competition or the processing of Submissions; or
5. any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Maker’s participation in the Competition or receipt or use or misuse of any Prize.

The Released Parties are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Makers. Proof of sending or submitting will not be deemed to be proof of receipt by the Poster or Administrator.

If for any reason any Maker’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Maker’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Maker knows or should have known there was a problem, and will be determined at the sole discretion of the Administrator.

12. PUBLICITY

By participating in the Competition you consent to the use of personal information about you, if you are a winner, by the Poster, Administrator, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes.

The duration of your consent is for a period of three years following the conclusion of the Competition. This consent applies, as applicable, to all members a Maker’s Team or Organization that participated in the winning Submission.

13. GENERAL CONDITIONS

1. Poster and Administrator reserve the right, in their sole discretion, to cancel, suspend and/or modify the Competition, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.
2. Poster and Administrator reserve the right in their sole discretion to disqualify any individual or Maker it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Competition or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Competition, or a violation of any applicable law or regulation.
3. Any attempt by any person to undermine the proper conduct of the Competition may be a violation of criminal and civil law. Should Poster or Administrator suspect that such an attempt has been made or is threatened, they reserve the right to take appropriate action including but not limited to requiring a Maker to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
4. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Competition materials, including but not limited to the Submission form, Competition Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.
5. The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the Maker, the Poster and the Administrator. The Administrator will post the terms and conditions of the amended Official Rules on the Competition Website. To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.
6. If at any time prior to the deadline, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.
7. The Poster or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Maker, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Poster’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
8. Excluding Submissions, all intellectual property related to this Competition, including but not limited to copyrighted material, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Poster and/or Administrator. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. Any use in a Submission of Poster or Administrator intellectual property shall be solely to the extent provided for in these Official Rules.

14. LIMITATIONS OF LIABILITY

By entering, all Makers agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes or Maker’s participation in the Competition. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal.

15. DISPUTES

i. Except where prohibited by law, as a condition of participating in this Competition, Maker agrees that:

1. any and all disputes and causes of action arising out of or connected with this Competition, or any Prizes awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant;
2. the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and
3. judgment upon such arbitration award may be entered in any court having jurisdiction.

ii. Under no circumstances will Maker be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (i.e., costs associated with entering this Competition), and Maker further waives all rights to have damages multiplied or increased.

iii. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Maker, Administrator and Poster in connection with this Competition, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA without regard to New York choice of law rules.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

16. ADDITIONAL TERMS THAT ARE PART OF THE OFFICIAL RULES

Please review the Devpost Terms of Service at https://info.devpost.com/hackathon_terms for additional rules that apply to your participation in the Competition and more generally your use of the Competition Website. Such Terms of Service are incorporated by reference into these Official Rules. If there is a conflict between the Terms of Service and these Official Rules, the latter terms shall control with respect to this Competition only.

Participation in the Competition constitutes Maker’s full and unconditional agreement to these Official Rules. By entering, a Maker agrees that all decisions related to the Competition that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of the Poster and/or Administrator.

The Administrator collects personal information from you when you enter the Competition. The information collected is subject to the privacy policy located here: https://info.devpost.com/privacy.

17. CONTACT

If you have any questions or comment, or wish to send us any notice regarding this Competition, please email us at Support@Devpost.com.