Change of Address
Please note that Evernote has moved into new offices since these rules were initially published. The new address, which can be used to request a list of winning submissions or to access and withdrawal of your personal data, is:
305 Walnut Street
Redwood City, CA 94063
The following is a summary of the competition process and rules. For full details, please see the official Devcup Rules below.
To participate in the Devcup, you must submit your entry on our official submission page by 11:00 PM Pacific Daylight Time on July 2, 2012.
Only applications and services that did not have publicly available integration with Evernote prior to April 24, 2012 are eligible for the competition.
All submissions must be localized in English in order to be eligible to win a prize. Other languages are fine, but your submission must work in English.
Any form of technical integration with the Evernote platform is eligible for the competition, including use of the Evernote Cloud API or Evernote Local API as described on our developer website.
When you submit your entry, you must make it available for free to our judges. It does not need to be publicly available at that time, but there must be a way for us to evaluate it using accounts on the production Evernote service. iOS applications do not need to be available in the App Store. We will provide a list of UDIDs for the devices that we will be testing on.
As part of your submission, please include a short video describing your application and demonstrating its use.
Once you submit your entry, we will review it and post it publicly in the submission gallery on this site. From July 6 to July 23, 2012, the public will be able to vote for their favorite submission from this gallery. The entry with the most votes will be awarded the People's Choice prize.
We will evaluate all entries and announce a list of five finalists July 24, 2012. The People's Choice winner will be awarded the sixth finalist prize. All finalists will receive a $10,000 prize as well as airfare and two nights of lodging (for two people) to attend the Evernote Trunk Conference in San Francisco later this summer.
The six finalists will be given the opportunity to present their entry at the Evernote Trunk Conference. From these finalists, the Gold, Silver and Bronze prize winners will be selected. There will be two components to the judging:
Official judging: A panel of Evernote employees and outside judges selected by Evernote will evaluate each finalist and vote for their favorite. Official judging will count for 2/3 of a finalist’s official score.
Audience judging: After viewing all finalist presentations, the Evernote Trunk Conference audience will vote for their favorite. Audience judging will count for 1/3 of a finalist’s official score.
When choosing finalists and prize winners, judges will consider four criteria:
Design: Is the application polished, visually appealing, and easy to use?
Effective use of the Evernote platform: Does the application take advantage of the unique functionality offered by the Evernote platform?
Utility: Is the application compelling and/or indispensable?
Originality of concept: Is the application unique and/or innovative?
We will announce Gold, Silver and Bronze prize winners at the Evernote Trunk Conference later this summer.
The finalist with the highest score will win the Gold prize of $20,000.
The finalist with the second-highest score will win the Silver prize of $15,000.
The finalist with the third-highest score will win the Bronze prize of $5,000.
EVERNOTE DEVCUP OFFICIAL RULES
DESCRIPTION: The Evernote Devcup ("Competition") is designed to motivate and reward Contestants who develop innovative, creative, functional and original applications that integrate with the Evernote Platform. Prizes will be awarded to those eligible Contestants who submit the winning Entries. No purchase is necessary to enter or win.
SPONSOR AND ADMINISTRATOR: The Competition is sponsored by Evernote Corporation ("Evernote"), a Delaware corporation with principal place of business at 305 Walnut Street, Redwood City, CA, 94063, USA. The Administrator for the Competition is ChallengePost, Inc., a Delaware corporation with principal place of business at 425 W. 13th Street, Suite #504, New York, NY 10014. The Administrator is responsible for supporting and hosting the Competition website and is the official Competition timekeeper. The Sponsor is responsible for these Competition Rules and the application thereof, including but not limited to determining qualified entries, judging, awarding prizes, and contest prize verification.
BINDING AGREEMENT: In order to enter the Competition, a Contestant must agree to these Competition Rules (the "Rules"). Therefore, please read these Rules carefully prior to Entry to ensure you understand and agree with them. You are not required to agree to these Rules (as you may elect not to participate in the Competition), but no one may submit an Entry to be eligible for any prizes in the Competition without agreeing to be bound by these Rules. Each Contestant (including each member of any team or Business Entity Contestant) shall be deemed to agree to these Rules, and shall be considered to enter into a legally binding agreement with Evernote, by submitting an Entry for the Competition, or by clicking a box indicating agreement to be bound by these Rules. Note that capitalized words used in these Rules have the meaning ascribed to them in these Rules.
CONTESTANTS: In these Rules, we refer to someone who submits an entry for the Competition as a Contestant. At the time of submitting an Entry, we ask that the individual, team or business submitting the Entry identify the individual(s) associated with the Entry, and provide the information required by these Rules. A Contestant may submit more than one Entry and may participate individually and as part of a team or business, and may compete for each prize they are qualified to win (as described below). We regret that we must exclude certain individuals from eligibility as a Contestant, including those Ineligible Persons described below.
SPECIAL APPLICATION OF THE RULES FOR TEAMS AND BUSINESS CONTESTANTS: If a Contestant enters as part of a team, the Contestant understands and agrees that, in order for his/her team to be eligible to participate, all of the members of the team must register and accept the Rules. The Contestants assume the responsibility for identifying each member of a team at the time the team submits its Entry, and Evernote does not assume any responsibility for checking the identification of team members. The members of a team that are identified with the submission of an Entry shall be final and that team may not add, remove or substitute members, or otherwise change the composition of the team, for the duration of the Competition. Furthermore, a Contestant that is part of a team understands and agrees that if his/her team is selected to receive a prize, each Contestant on the team is responsible for ensuring the prize is appropriately distributed to each member of the team. Finally, in order to remain eligible to win a prize, the team and each member of that team must satisfy the eligibility requirements in these rules, including the submission of a Contest Prize Validation Agreement (discussed below); if one member of the team does not comply with these Rules or is disqualified, the team as a whole will be disqualified.
Evernote encourages entries from businesses and other legal entities. If an Entry is submitted on behalf of a corporation, limited liability company, partnership or other legal entity (any of which being referred to as a "Business Entity"), the Contestant(s) submitting the Entry hereby certifies to Evernote that (1) the appropriate authorization from the corporate officers, executives, managers or other required persons or group has been obtained, (2) the individual Contestants are in some manner legally associated with the Business Entity and (3) the individual accepting the Rules on behalf of the Business Entity is authorized to legally bind the Business Entity. A Business Entity submitting an Entry shall be legally bound by these Rules by the act of the Contestant(s) acting on its behalf. Each Contestant associated with and/or submitting an Entry for or on behalf of a Business Entity acknowledges and agrees that if the Contestant enters the Developers Competition without obtaining the requisite authorization, Evernote may, in its sole discretion, disqualify the Contestant and the Business Entity and any submitted Entry. Finally, if a Business Entity is selected to receive a prize, a corporate officer or other authorized person entitled to bind the Business Entity will be required to execute and deliver the Contest Prize Validation Agreement on behalf of the Business Entity.
SPECIAL APPLICATION OF THE RULES, AND ADDITIONAL PRIZES, FOR JAPANESE CONTESTANTS: Evernote is pleased to include in the Competition a prize for Japan. Each Entry submitted by a Contestant who registers as a resident of Japan will be made available by Evernote for review by a separate panel of expert judges selected by Evernote and will be eligible to win the Japan Prize (which is described below), in addition to the other prizes being awarded in the Competition. Contestants who are residents of Japan and wish to have their Entry evaluated and eligible for these Japan prizes must satisfy certain requirements that are different and applicable only to the Japan prizes.
COMPETITION ENTRIES: A submission by a Contestant must satisfy the following requirements in order to qualify as an “Entry” for the Developer Competition:
7.1 The complete Entry must be submitted before 11:00 P.M. Pacific Time on July 2, 2012 (the “Competition Entry Deadline”).
7.2 Each Contestant must provide the registration information required at the Evernote Competition Entry page, including a valid working email address. The contact person for the Competition for such Entry will be the authorized account holder of the email address provided at the time of Entry. The "authorized account holder" is the natural person assigned to an email address by the provider of such email service. (Please note the provisions of these Rules relating to Evernote’s collection and use of submitted registration information, below.)
7.3 The submitted application must be an original work of the Contestant that includes a technical integration with the Evernote platform, using the Evernote Web Service API or other method described on the Evernote Developers site. The submitted application (by itself or as part of another application) cannot have been publicly available as an Evernote integration prior to April 24, 2012. For the avoidance of doubt, any beta, demo, trial or incomplete version of an application that was available publicly on a website or via an alternative delivery mechanism such as the iTunes App Store, Google Play, BlackBerry App World or other channel prior to April 24, 2012 is ineligible. In addition, any application with respect to which Evernote has provided any substantial development assistance is ineligible. Any determination as to whether an application is ineligible under this Section of the Rules will be made by Evernote in its sole discretion and will be final and binding.
7.4 The submitted application must be executable so that the Judges (excluding the Community Judges) may evaluate it through use with the production Evernote service. For iOS applications, we will provide a list of IDs (UDIDs) for the devices that the Expert Judges will be using to evaluate the Entry.
7.5 The submitted application must be accompanied by a video describing and demonstrating the application, which will be the primary basis on which the Community Judges will evaluate the application. The video should be no longer than three minutes and it cannot violate the Evernote Terms of Service applicable to user “Content.”
7.6 A submitted application must, at a minimum, support English language use but may also support other languages at the discretion of the Contestant. In order to be eligible for the Japan prizes, an application must also support Japanese language use.
7.7 An application that contains (1) sexual, violent, abusive, harassing, offensive or insulting content or (2) enables or promotes any illegal activity or (3) infringes any other party’s legal rights may be disqualified. All determinations regarding compliance with these content policies or any disqualification hereunder will be made at Evernote's sole discretion and will be final and binding.
7.8 Any application submitted shall not require any fee or expense to be incurred by the Judges and is provided with the license rights described below.
JUDGING: After the Competition Entry Deadline, all eligible Entries will be subject to judging in order to determine the prize winners.
8.1 The judges for the Competition shall consist of a panel of Evernote employees and Evernote - selected judges (the “Expert Judges”), individuals who go to the Competition web site and register their vote for a Contestant Entry (the “Community Judges”), and individuals who attend the Evernote Trunk Conference (the “Audience Judges”). The judges for the Japan prizes shall consist of a panel of Evernote employees and Evernote - selected judges in Japan (the “Japan Judges”). The Expert Judges, Community Judges, Audience Judges and Japan Judges may be referred to collectively as the “Judges.”
8.2 The Judges shall be asked to consider four equally-weighted criteria when assessing each Entry and voting:
- Design: Is the application polished, visually appealing, and easy to use?
- Effective use of the Evernote platform: Does the application take advantage of the unique functionality offered by the Evernote platform?
- Utility: Is the application compelling and/or indispensable?
- Originality of concept: Is the application unique and/or innovative?
8.3 The Japan Judges will use the applications eligible to win the Japan prizes and, based upon their experience using the applications, and according to the above criteria, will vote for the winner of the Japan Prize, with the winner being the Entry that obtains the greatest number of votes. (There is no community voting for the Japan prize.) The winner of the Japan Prize will be notified by Evernote by email on or about July 24, 2012 and invited to attend the Evernote Trunk Conference. The winners will be announced publicly on the Devcup web site on July 24, 2012.
8.4 The Expert Judges will use the applications and, based upon their experience using the applications, and according to the above criteria, each of the Expert Judges will select their five nominees to be Finalists. On July 24, 2012, Evernote will announce the five Entries that obtained the greatest number of nominations from the Expert Judges, and these shall be the Finalists. Evernote will also notify the Finalists by email on July 24, 2012.
8.5 Commencing on July 6, 2012, any visitor to the Competition website will be able to view the application description and video submitted as part of each qualifying Entry and vote for the Entry that they believe should be selected as a finalist. Evernote will tabulate the votes from the Community Judges that are submitted prior to 5:00 P.M. on July 23, 2012. The Entry with the most votes of those Entries not selected as Finalists by the Expert Judges will be awarded the People’s Choice prize and will become the sixth Finalist.
8.6 Commencing on July 24, 2012, the Expert Judges shall review the applications from each of the Finalists and on or before August 20, 2012 will vote for the Entry that they believe should win the Grand Prize and rank each Entry from six to one (with the best Entry receiving a six). The scores from this ranking will be tabulated and the Finalists will each be awarded a score, from six to one, corresponding to the number of votes each of the Finalists received, with the Finalist receiving the most votes being awarded the score of six and the Finalist receiving the fewest votes awarded the score of one.
8.7 At the Evernote Trunk Conference on August 24, 2012, each Finalist will have the opportunity to present their Entry to the conference attendees. Each attendee will have the opportunity to vote for the Entry that they believe should win the Gold Prize. The Finalists each will be awarded a score, from six to one, corresponding to the number of votes each of the finalists received, with the finalist receiving the most votes being awarded the score of six and the Finalist receiving the fewest votes the score of one.
8.8 The final score in the voting for the Gold, Silver and Bronze Prizes will be determined as follows. The scores received by each Finalist from the aggregate scores of all Audience Judges shall be multiplied one-third and the scores received from the Expert Judges shall be multiplied by two-thirds. The Finalist with the highest score will be designated the Gold Prize winner. The Finalist with the second-highest score will be designated the Silver Prize winner. The Finalist with the third-highest score will be designated the Bronze Prize winner. In the case of a tie, the Expert Judges will review the Finalists that are tied and vote for the winner.
8.9 If any Contestant selected as a prize recipient is disqualified for any reason, the next highest-scoring Contestant will be designated as the recipient of that prize. The winners of the Gold Prize, Silver Prize and Bronze Prize will be announced at the Evernote Trunk Conference and at Devcup web site on August 24, 2012.
PRIZES AND CONDITIONS TO AWARDING PRIZES:
9.1 Evernote will award the following prizes:
(a) one (1) Gold Prize in the amount of Twenty Thousand United States Dollars (US$20,000) awarded to that Finalist securing the highest score as a result of the voting described above;
(b) one (1) Silver Prize in the amount of Fifteen Thousand United States Dollars (US$15,000) awarded to the Finalist securing the second-highest score as a result of the voting described above;
(c) one (1) Bronze Prize in the amount of Five Thousand United States Dollars (US$5,000) awarded to the Finalist securing the third-highest score as a result of the voting described above;
(d) six (6) Finalist prizes, each in the amount of Ten Thousand United States Dollars (US$10,000), plus round trip airfare to San Francisco and two nights lodging for up to two (2) team members, on an airline and in a hotel in San Francisco selected by Evernote, awarded to the Finalists selected as a result of the Judging described above;
(e) one (1) Japan Prize which consists of round trip airfare to San Francisco and four nights lodging, on an airline and in a hotel in San Francisco selected by Evernote, awarded to that Contestant securing the highest score from the Japan Judges.
9.2 All Prizes are contingent on Contestant's compliance with these Rules.
9.3 Evernote is not responsible for decisions on the division or distribution of any prize among or between team members or Business Entities. Instead, the decision on how to distribute or divide any prize among individual team members or within Business Entities is the sole responsibility of the participating team or Business Entity. Each Contestant hereby expressly waives any claim they may have against Evernote relating to the division of any prize among team members or Business Entities and expressly agrees to indemnify and hold harmless Evernote from and against any and all claims relating to such allocation of prizes and agrees that Evernote may offset against the amount of any prize to be awarded the amount of costs incurred by Evernote, including any legal or other professional fees, arising from and relating to any such claim or dispute.
9.4 The payment to potential prize recipients is subject to the express requirement that the Contestant submit to Evernote all documentation requested by Evernote to permit it to comply with all applicable United States, state, local and foreign (including provincial) tax reporting and withholding requirements. Any prize will be net of any taxes Evernote may be required to withhold (and Evernote may rely upon the advice of its accountants to determine withholding, which decision shall be final and binding). The winning Contestant(s) shall be responsible for ensuring compliance with all the applicable tax laws and filing requirements and the payment of all taxes that may be assessed against the Contestant on account of their receipt of a prize. If a Contestant fails to comply with the requirements of these Rules, the right to receive the prize may be forfeited and Evernote may, in its sole discretion, select an alternative prize recipient.
9.5 CONTEST PRIZE VALIDATION AGREEMENT: All Contestants who are Finalists or are selected to receive a prize will be required to complete and enter into a Contest Prize Validation Agreement and/or other documents prior to being identified as a Finalist or receiving a prize. The Contest Prize Validation Agreement will contain (i) an affidavit as to the requirements for eligibility in the Competition, (ii) a publicity release providing Evernote the right to use the Contestant’s name, likeness and/or appearance at the Evernote Trunk Conference, the Evernote web site and in related media promoting Evernote, including the Competition and the Evernote Trunk Conference, (iii) an indemnification agreement relating to any breach of warranties made by Contestant under these Rules and (iv) such other provisions that may be required to comply with laws applicable to the awarding of the prize, including tax requirements. If a team or Business Entity is selected as a potential prize recipient, all members of the team or a person with the authority to bind the Business Entity, must enter into the Contest Prize Validation Agreement, which will also provide how the prize should be awarded. Failure to comply with this requirement or to submit any of these documents within the time period specified in an email from Evernote providing the Agreement may mean that the Entry will no longer be eligible to win the applicable prize and Evernote may, in its sole discretion, select an alternative Contestant as a Finalist and/or to receive the prize.
INTELLECTUAL PROPERTY RIGHTS: As between Evernote and the Contestant, the Contestant retains ownership of all intellectual and industrial property rights in and to the Entry, including the right to offer and distribute the application commercially, except for the license rights granted in these Rules. In order for an application to be eligible as an Entry, each Contestant submitting the application must, and hereby does, grant Evernote a perpetual, irrevocable, worldwide, free and non-exclusive license to (i) use, reproduce, publicly perform and publicly display the material that Contestant submits to this Competition for the purposes of allowing Evernote to use, test and evaluate the Entry for purposes of the Competition, to administer the technical and other requirements of the Competition including distribution of the Entry to the Judges, and to advertise, display, demonstrate or otherwise promote the Competition, the Evernote Trunk Conference and Evernote. Contestant specifically agrees that Evernote shall have the right to use, reproduce, publicly perform and publicly display the Entry in connection with the advertising and promotion of the Competition, the Evernote Trunk Conference and Evernote via communication to the public or other groups, including, without limitation, the right to make screenshots, animations and video clips available for promotional purposes.
Contestant also hereby grants to the Expert Judges and Japan Judges a limited, non-exclusive, free and worldwide license to install, perform, display and use the Entry on any compatible computing device. If Contestant chooses, Contestant may enable technical measures in their Entry to prevent use of the Entry beyond a certain date provided that, in order to be eligible for a prize, the date is later than August 24, 2012 or any modified, later date marking the end of the Competition. Contestant may not charge a fee for the download of an Entry by Evernote, the Expert Judges or Japan Judges.
PUBLICITY RELEASE: Each Contestant hereby grants Evernote the right to use, publicly display, publish and reproduce, for all purposes, including publicity, promotion and advertising, in any media, online or offline, Contestant’s name, city, state and country of residence, voice, photograph, likeness and image, including any video and other images and audio files submitted by Contestant in connection with the Competition or obtained by Evernote at the Evernote Trunk Conference, and create, use, publish and reproduce derivative works thereof (collectively, “Publicity Materials”). Contestant hereby waives any right Contestant may have to inspect or approve the Publicity Materials, as used in connection with the Competition or the Evernote Trunk Conference, and any and all right to receive compensation of any kind on account of such use based on claims of the Contestant as to the rights of privacy, publicity, notoriety or any other rights arising out of or relating to any use by Evernote of the Contestant’s name, likeness or appearance, and/or the content of their Entry.
Each Contestant also understands this data may be used by Evernote in order to verify a Contestant's identity, address, telephone number and eligibility to receive a prize in the event a Contestant is chosen to potentially receive a prize. Each Contestant has the right to access, review, rectify or cancel any personal data held by Evernote in connection with the Competition by writing to Evernote at the address listed above. If a Contestant does not provide the data required at submission of an application, that Contestant will be ineligible.
For residents of the European Union: Pursuant to EU law pertaining to data collection and processing, you are informed that:
- The data controller is Evernote and the data recipients are, initially, Administrator, Evernote and its partners, contractors and agents;
- Your personal data will be transferred to the U.S. and for Japan residents, to Japan;
- Your data is collected for purposes of administration of the Competition;
- You have a right of access to and withdrawal of your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to: Evernote Devcup, Evernote Corporation, 305 Walnut Street, Redwood City, CA 94063, USA.
WARRANTY AND INDEMNITY: Each Contestant, by registering and submitting any Entry, warrants that their registration information is accurate and that that they are the sole and exclusive owner and/or authorized licensee of all rights in and to the content of their submitted Entry, that no third parties will make any challenges or claims as to ownership or fraud, and that they have the right to submit the Entry in the Competition and grant all required licenses under these Rules. Each Contestant warrants that the Contestant has not submitted any Entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights including, without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable U.S. law or the law of the Contestant's country of residence.To the maximum extent permitted by law, each Contestant indemnifies and agrees to keep indemnified Evernote and Administrator at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Contestant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Contestant agrees to defend, indemnify and hold harmless Administrator, Evernote and the Judges, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material uploaded or otherwise provided by the Contestant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Contestant in connection with the Competition; (c) any non-compliance by the Contestant with these Rules; and (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the Contestant's involvement with the Competition. To the extent permitted by law, Contestant agrees to hold each of Administrator and Evernote, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Competition and/or use or acceptance of any Prize, except to the extent that any death or personal injury is caused by the negligence of Evernote or Administrator. Neither Evernote nor Administrator is responsible for any claims or disputes between one Contestant and any other Contestant regarding the ownership of the Entry or the content within the Entry. Evernote may disqualify any individual Contestant, Business Entity or Team, without recourse and in its sole discretion, if any such claim or dispute arises. In addition, each Contestant hereby agrees that if any such claim or dispute arises, Evernote may reduce the amount of any prize awarded to the Contestants who submitted the Entry by the reasonable amount of any expenses and any costs or damages (including settlement payments) made by Evernote in connection therewith.
ELIMINATION: Any false information provided within the context of the Competition by any Contestant including information concerning identity, mailing address, telephone number, email address or ownership of right, or non-compliance with these Rules, or the like may result in the immediate elimination of the Contestant from the Competition. Evernote further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Rules or violates U.S. or applicable local law in Contestant's country of residence.
NETWORKS: Evernote is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, including, without limitation, any delay or failure of delivery of any notice or other communications concerning the Competition or any Entry or award or delivery of any prize. Evernote is not responsible for theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Evernote is not responsible for inaccurate transmissions of or failure to receive Entry information by Evernote on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, Evernote reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition. Each Contestant who registers for the Competition will receive email notification of any such action. Evernote further reserves the right to disqualify any Contestant who tampers with the submission process, the voting or any other part of the Competition. Any attempt by a Contestant to deliberately damage any Web site or undermine the legitimate operation of the Competition is a violation of criminal and civil laws and should such an attempt be made, Evernote reserves the right to seek damages from any such Contestant to the fullest extent of the applicable law.
GOVERNING LAW; FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision in these Rules is held to be invalid or unenforceable, such provision shall be modified to the extent legally permissible to most closely implement the intention of such provision and all other provisions hereof will remain in full force and effect. Evernote reserves the right to modify these Rules at any time prior to completion of the Competition to address any legal or other requirement that may arise in connection with the Competition. Each Contestant who registers for the Competition will receive email notification of any such change in the Rules. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Competition are hereby excluded, and all Contestants expressly waive any and all such rights.
ARBITRATION: By entering the Competition, each Contestant agrees that exclusive jurisdiction for any dispute, claim or demand related in any way to the Competition will be decided by binding arbitration. All disputes between you and Evernote, of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration under its rules then in effect in the San Jose, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
WINNER'S LIST: You may request a list of winners after September 30, 2012 by writing to: Evernote Devcup, Evernote Corporation, 305 Walnut Street, Redwood City, CA 94063, USA.
INTERPRETATIONS OF RULES: Where Evernote has provided you with a translation of the English language version of the Rules, then you agree that the translation is provided for your convenience only and that the English language versions of the Rules will govern your relationship with Evernote. If there is any contradiction between what the English language version of the Rules says and what a translation says, then the English language version shall take precedence. All time references in these Rules shall be to Pacific Daylight Time in the United States.
INELIGIBLE PERSONS: The Developer’s Contest is not open to any of the following persons (“Ineligible Persons”): (1) anyone who is not at least the legal age of majority, at the time of Entry, to form valid contracts in their respective country, province or state of legal residence; (2) anyone who does not satisfy any applicable legal requirements under United States and other applicable jurisdictional legal requirements for participation; (3) anyone who is a resident of Cuba, Iran, Syria, North Korea, Sudan, Myanmar or to individuals and entities restricted by United States export controls and sanctions, and any other nation, state or province where prohibited or restricted by United States or other applicable laws, or where the applicable laws are in any material manner inconsistent with these Rules. Employees, independent contractors under a current services agreement with Evernote or Administrator (a “Current Contractor”) and the parent companies, affiliates and subsidiaries of either Evernote, Administrator or any Current Contractor, and members of their immediate families (defined as parents, children, siblings and spouse, regardless of where they reside and/or those living in the same household of each) are not eligible to participate in the Competition. Evernote and Administrator reserve the right to verify eligibility and to adjudicate on any dispute at any time.
GENERAL CONDITIONS: Prizes are awarded without warranty of any kind from Evernote or Administrator, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All federal, state, provincial and local laws and regulations apply. Submission of Entry into this Competition deems that Contestants agree to be bound by these Rules and by the decisions of Evernote, Administrator and the Judges, which are final and binding on all matters pertaining to this Competition. Under no circumstances shall the submission of an Entry in the Competition, the awarding of a prize or anything in these Rules be construed as an offer or contract of employment with Evernote or Administrator. Failure to respond within any time period specified in the email notification of potential award of a prize may result in disqualification and selection of an alternate prize recipient. A Contestant may be prohibited from participating in this Competition if, in either Evernote's sole discretion or Administrator’s sole discretion, either reasonably believes that the Contestant has attempted to undermine the legitimate operation of the Competition by cheating, deception or other unfair voting or other practices or annoys, abuses, threatens or harasses any other Contestants, Evernote, Administrator or the Judges.
You acknowledge and understand that Evernote, its business partners and others may independently develop applications that may be similar to or identical to your Entry in terms of idea, functionality or in other respects. You agree that you will not be entitled to any rights in, or compensation in connection with, any such similar or identical applications and/or ideas as a result of your submission of any application or description of any application in a video or other submission or communications with Evernote. You acknowledge that you have submitted your Entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Evernote and that no such relationship is established by your registration in the Competition or any submission of an Entry to Evernote under these Rules.
You acknowledge that Entries may be subject to United States export and import laws, regardless of location or nationality. You agree to comply with all applicable export and import controls, including, but not limited to, the United States Department of Commerce's Export Administration Regulations, sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control and any export laws applicable in your country of residence. You warrant that all of your Entries are authorized for import into, and export from, the United States and, if applicable, Japan, under these laws.
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