EVO SNAP* HACKATHON CONTEST

TERMS & CONDITIONS

THE EVO SNAP* HACKATHON CONTEST (THE “CONTEST”) IS OPEN ONLY TO SOFTWARE DEVELOPERS PARTICIPATING IN THE TECHCRUNCH DISRUPT SF HACKATHON WHO HAVE REGISTERED WITH EVO MERCHANT SERVICES, LLC  (HEREINAFTER REFERRED TO AS “SPONSOR” OR “EVO”) FOR PARTICIPATION IN THE CONTEST (EACH, a “CONTESTANT”).  THIS IS A COMMERCIAL PROGRAM AND IS NOT OPEN TO THE GENERAL PUBLIC AND IS VOID WHERE PROHIBITED.

GENERAL DESCRIPTION:

The Contest will be conducted from September 6, 2014 to September 7, 2014 at Pier 48 in San Francisco, California by the Sponsor.  Contestants will use the Snap* API to develop software and the Sponsor shall select the software that it deems, in its sole and absolute discretion, to be most inventive as the winner.

PROGRAM PERIOD:

This Contest will begin at 12:30pm (PST) on Saturday, September 6, 2014 and will end at 10:00am (PST) on Sunday, September 7, 2014.

ELIGIBILITY:

You are only eligible to participate in this Contest if you meet all of the following criteria:

  • You are a Contestant (as defined below).
  • You are eighteen (18) years of age or older.
  • You are a legal resident of the United States

REGISTRATION:

To register for the Contest, you must complete a registration form.   Additionally:

  • While registering, you must accept the Contest terms and conditions.
  • Only the registered Contestant will be eligible to win and collect the Award.
  • Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in any Contest materials distributed by Sponsor or its agents.
  • Sponsor reserves the right to delay the processing or redemption of the Award without notice in order to assure compliance with the Contest terms and conditions.
  • Without limiting any other remedies, Sponsor may suspend or terminate the Contest if Sponsor suspects in its sole discretion that any contestant or other person has engaged in fraudulent activity in connection with the Contest.
  • Any failure to abide by the Contest terms and conditions or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor or its agents, or any misrepresentation or fraudulent activities in connection with the Contest, or failure to act in a manner consistent with federal, state, or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of membership in the Contest, as well as forfeiture of the Award, if applicable, in Sponsor’s sole discretion.

DEFINITIONS:

“Award” shall mean one Honda 2014 Metropolitan Scooter (Candy Orange/Pearl Black) or such other award as selected by EVO in its sole discretion.

Contest” shall mean a “skill” promotion where a winner is determined by Sponsor, in its sole and absolute discretion.

“Contestant” shall mean each software developer participating in the Techcrunch Disrupt SF Hackathon who has registered with EVO prior to the commencement of the Contest.

“EVO” shall mean EVO MERCHANT SERVICES, LLC, and its successors and assigns.

WINNER SELECTION AND NOTIFICATION:

EVO shall select the Contestant that uses the EVO Snap* API to create the software that, in the sole and absolute discretion of EVO is the most inventive (the “Winner”).  EVO shall grant the Winner the Award, subject to the terms and conditions herein.

The Winner will be notified at the close of the Contest or, if he/she is not present at such time, he/she will be notified within 7 business days after the end of the Contest via mail, phone, and/or email. The Winner will be required to complete and sign an Affidavit of Eligibility and Liability Release and, where legal, a Publicity Release (collectively the “Affidavit”), which must be returned within seven (7) days from Award notification date or the Award will be forfeited and awarded to an alternate Winner.  The Winner will also be required to complete an IRS Form W-9 and furnish his/her social security number that will be used only for the purpose of reporting the Winner’s prize earnings to the Internal Revenue Service, as required by law.  If the Winner (i) cannot be contacted after a reasonable attempt has been made (as determined in Sponsor’s sole discretion); (ii) fails to timely return the required paperwork without alteration and in the form presented by Sponsor; (iii) refuses the Award; and/or (iv) the Award or Award notification is rejected or returned as undeliverable, the Winner forfeits all rights to be deemed a Winner in the Contest and receive the Award, then that Winner will be disqualified and an alternate Winner will be selected by the Sponsor, in its sole discretion, from the remaining entries. Except where prohibited by law, the Winner’s entry and acceptance of the prize constitutes permission for the Sponsor to use said Winner’s name, photograph, likeness, statements, and biographical information without further compensation.

PRIZE:

  • ONE (1) GRAND PRIZE: Honda 2014 Metropolitan Scooter (Candy Orange/Pearl Black).

Total ARV of the Award: $1,999.00.

The Award is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor.  No substitutions, cash equivalents (except those as specifically stated in the prize details above), or transfer of the Award permitted except at the sole discretion of the Sponsor, who reserves the right to substitute the Award with one of comparable or greater value, in its sole discretion.

AWARD DELIVERY:

EVO will provide notification and redemption instructions to the Contestant receiving the Award.

GENERAL TERMS:

The Award may only be received on an individual basis and only by a registered Contestant.  No one is allowed to claim the Contest Award on behalf of any other person.  Contestants in this Program will not, for any purposes, be considered an employee or agent of EVO. Participation in the Contest will not be construed as granting any right under any EVO employee benefit plan or otherwise.

  • Neither EVO nor it’s respective affiliates, subsidiaries, or internet access providers are responsible for incorrect entry of information by  Contestants in the Contest; technical malfunctions of any telephone network, fax or computer equipment software or any combination thereof; lost/delayed data transmission; or award claims, invoices or other materials that are mailed and are illegible, lost, damaged, postage due, or misdirected.
  • All  Contestants agree that Sponsor, its agents, representatives and employees will have no liability whatsoever for any injuries, losses, or damages of any kind resulting from participation in the Contest or acceptance, possession, or use of the Award.
  • The Contest is void where prohibited by law.
  • If EVO determines in its sole discretion that there is any suspected or actual tampering with the Contest, or if technical difficulties compromise the integrity of the Contest, the Sponsor, at its sole discretion, reserves the right to cancel or modify the promotion without any advance notice.
  • Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and should such an attempt be made, the
  • Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor shall not be responsible for printing, typographical, clerical, or other errors in any promotional related materials, or in the administration of the Contest. Registered  Contestants consent to the use of their name, and/or photograph for promotional purposes, without additional compensation, except where prohibited by law.

TAX LIABILITY:

Any personal tax liability in connection with the receipt and/or use of the Award is solely the responsibility of the winning Contestant.

CHANGES TO CONTEST STRUCTURE:

The Contest structure is subject to modification or limitation at any time, with or without notice, in Sponsor’s sole discretion, including, without limitation, the right to establish additional conditions for eligibility.

CANCELLATION:

EVO reserves the right to totally or partially cancel or change the Contest, with or without prior notice. EVO reserves the right to approve, deny or revoke participation in the Contest to any individual for any reason whatsoever. EVO will use reasonable efforts to ensure that sufficient prior warning is given should the Contest be cancelled, but will not be responsible for any losses or damages caused by its cancellation or modification.

GOVERNING LAW:

These Terms and Conditions and the Program will be interpreted, construed and enforced, and governed in all aspects in accordance with the exclusive jurisdiction and laws of the State of New York. Any claim, action, lawsuit, proceeding, or cause of action arising under or relating to these Terms and Conditions and/or the Program will be brought exclusively in a court in Suffolk County, NY.  This Program is void where prohibited or restricted.

SPONSOR:

EVO Merchant Services, LLC

Honda is not a sponsor of this Contest nor is Honda associated with or endorsing this Contest in any way.