ServiceNow® CreatorCon℠ Challenge Official Rules

THE FOLLOWING RULES, TERMS AND CONDITIONS (“OFFICIAL RULES”) GOVERN YOUR COMPANY’S ENTRY TO AND PARTICIPATION IN THE SERVICENOW CREATORCON CHALLENGE (“CONTEST”). BY PARTICIPATING, AND BY SUBMITTING A CONTEST ENTRY IN ANY MANNER, YOU ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE OFFICIAL RULES. YOU MUST NOT PARTICIPATE IN THE CONTEST IN ANY CAPACITY IF YOU ARE UNWILLING TO COMPLY WITH THE OFFICIAL RULES. “YOU” AND “YOUR” MEANS THE AUTHORIZED INDIVIDUAL SUBMITTING AN ENTRY TO THE CONTEST AND ANY COMPANY OR OTHER LEGAL ENTITY THAT EMPLOYS THAT INDIVIDUAL OR FOR WHICH THAT INDIVIDUAL IS ACCEPTING THESE OFFICIAL RULES (COLLECTIVELY, “ENTITY”). SERVICENOW,” “WE,” “US” AND “OURS” is the “SPONSOR” of this Contest. THE CONTEST IS SUBJECT TO ALL APPLICABLE LAWS AND IS VOID WHERE PROHIBITED BY LAW.

Please direct any questions regarding the Contest to creatorconchallenge@servicenow.com. Please direct any questions regarding investment opportunities to ventures@servicenow.com.

Contest Rules

1. Entry Period and Timeline

1.1.    The Contest begins November 21, 2016 at 8:00:00 a.m. and ends February 15, 2017 at 8:00:00 p.m. (“Entry Period”). ServiceNow’s computer will be the Contest’s official clock, and all times are provided in Pacific Time. The following dates apply:

November 21, 2016: Entry period opens.

February 15, 2017: Deadline for all Entries, including a working version of your App, a pitch video, and a demonstration video.

Round 1: March15, 2017: Notice provided for shortlisted Entries.

Round 2: April 12, 2017: Three finalists announced.

April 12‑May 3, 2017: Mentorship period.

May 3, 2017: Deadline for pitch presentations and Apps to be used at CreatorCon.

Round 3: May 11, 2017: Three winners (first, second, and third place) announced after the CreatorCon Challenge pitch‑off in front of the panel of judges in a general session following the CreatorCon keynote.

May 2017:  ServiceNow Press Release announcing the three Winners.

2. Eligibility

2.1.    Eligible Entities. The Contest is open only to Entities that: (a) are valid legal entities (if in the United States, a C corporation, S corporation, or LLC); (b) are in good standing and are in compliance with all applicable laws, regulations, rules, and ordinances (collectively “Laws”) in each jurisdiction in which they were formed and are operating; (c) currently have or shall create a single ServiceNow account (“Designated Account”); (d) have not received any Entity valuation as a result of an equity financing; (d) have received total cash funding of less than $3 million USD; (e) are engaged in the development and sale of commercial pre‑packaged software‑as‑a‑service as its principal business ; and (f) agree to publish any App (as defined below) that has won first, second or third‑place to the ServiceNow Store (available at https://store.servicenow.com), by August 15, 2017. The person submitting an entry on behalf of the Entity must have authority to bind the Entity to these Official Rules.

2.2.    Ineligible Entities. In addition to the disqualification provisions of Section 6 below, Entities are not eligible to participate if they are managed by individuals who are: (a) current or former employees of ServiceNow or any of ServiceNow’s direct or indirect wholly or majority owned subsidiary or affiliate companies; (b) immediate family (spouse, parents, siblings, and children) or household members of any of the employees or former employees in 2.2(a) or a Contest judge; (c) current employees of an entity in which Sponsor has invested and holds an ownership interest; (d) professionally involved in the development or administration of this Contest; or (e) domiciled in Cuba, Iran, Syria, North Korea, Myanmar or Sudan.

3. Entries

3.1.    Entry Application. To enter, you must submit the entry at https://developer.servicenow.com/app.do#!/creatorconchallenge (“Entry Website”) during the Entry Period, including: (a) a completed personal and company information profile and application profile; (b) a version of your application created and hosted on the Developer Instance associated with the Designated Account for ServiceNow platform Istanbul or Helsinki release that is able to be installed and evaluated by ServiceNow to verify that it matches what is in your demonstration video (“App”); (c) an App demonstration video of up to five minutes long that is an on‑screen recording in Screenflow or MP4 format showing the App in use by: (i) a ServiceNow administrator; and (ii) an end user; and (d) an uploaded investor pitch video in MP4 format of up to two minutes long featuring your Entity’s founding team presenting your company, your “pitch” describing the App, the business problems it solves, the value or business impact to be realized by ServiceNow customers that use your app, and your Entity’s sustainable competitive advantage or unique differentiator; and (e) optionally, supporting materials, such as a business plan, investor presentation, mockups and screenshots of the App (all of the foregoing constitutes  an “Entry”). The App must be developed and maintained on a ServiceNow instance available for free at https://developer.servicenow.com (“Developer Instance”). The Developer Instance used for creation of the App must be associated with the same Designated Account with which you post your Entry information. Access to the Entry Website will require you to log in with your Designated Account. You can create your Designated Account here if you do not already have an existing ServiceNow account that you wish to use as your Designated Account. Each Entry must name the App and the instance on which it is hosted. The App existing on the ServiceNow Developer instance indicated to ServiceNow as of the close of the Entry Period will be the App judged by ServiceNow as part of the Entry. Apps already submitted to ServiceNow for certification prior to August 1, 2016, will not be eligible for inclusion in an Entry. LIMIT: An Entity may only submit one Entry, and all Entries must be in English. Entries submitted outside of the Entry Period are not valid and will not be considered. Incomplete Entries are null and void.

3.2.    Entry Warranty. By submitting an Entry, you represent and warrant to ServiceNow that you and any Entity you represent fully comply with these Official Rules; and more specifically, that the App described in any Entry submitted to ServiceNow was developed on the ServiceNow platform.

3.3.    Further Information. If ServiceNow requires any assistance or information to assess your compliance with these Official Rules, prompt provision of such assistance or information is required to remain eligible.

3.4.    Privacy Policy. Entries will be received and maintained in accordance with ServiceNow’s Privacy Policy at http://www.servicenow.com/privacy.html.

4. Selection

4.1.    Judgment Criteria. Entries will be scored according to the following criteria: (a) the Entity’s leadership team experience and ability to execute; (b) the total available market opportunity for the App (c) Entity’s sustainable competitive advantage and innovation level; and (d) Entity’s the extent of ServiceNow platform services utilization in the App and (e) technical viability of the App (all of the foregoing constitute the “Judgment Criteria”). Entries may be subject to a due diligence review at any time for eligibility and compliance with these Official Rules. Our decisions, and those of the judges, are final. You may be required to provide additional information at any time to remain eligible, as requested by ServiceNow.

4.2.    Shortlist Selection (Round One). ServiceNow will, in ServiceNow’s sole and absolute discretion, select up to ten (10) Entities that submitted the best Entries pursuant to the Judgment Criteria to be part of a shortlist. Entities shortlisted will receive a notice from ServiceNow by March15, 2017. Following the shortlist selection, shortlisted Entities must participate in a live video interview that may be recorded and provide a live pitch of their company, business proposition, App and why ServiceNow should consider investing, as well as answer any questions ServiceNow may have.

4.3.    Finalist Selection (Round Two). From the entities selected for the Shortlist referenced above, ServiceNow will, in ServiceNow’s sole and absolute discretion, select three (3) Entities (“Finalists”) pursuant to the Judgment Criteria. The names of the Finalists will be published on http://www.servicenow.com/company/ventures/creatorcon‑challenge.html (the “Contest Website”) by April 12, 2017.

4.4.    Panel of Judges. Judges for the third round of the Contest shall be selected by ServiceNow at its sole discretion and may consist of a combination of experienced industry specialists, investors, CIOs of ServiceNow customers, and ServiceNow employees. All decisions of the judges and ServiceNow are final, non‑appealable and binding.

4.5.    Finalist Preparations. Prior to round three, the two (2) executives of each Finalist agree to: (a) provide requested in‑person or online interviews and demonstrations of the App as requested by the judges; (b) participate in two (2) mentorship sessions during the the period of April 12, 2017 to May 3, 2017 for purposes of improving their App and business pitches; (c) provide ServiceNow with final business pitch presentation slide decks and App no later than May 3, 2017; and (d) participate in a dry‑run on site in Orlando, Florida prior to the live business pitch in front of the panel of judges at CreatorCon on May 11, 2017. Failure to adhere to such activities or provide the required materials on time may result in disqualification and forfeiture of prizes.

4.6.    Winner Selection (Round Three). Up to two (2) executives representing the Finalists who have the authority to bind the Entity agree to demonstrate their App on the ServiceNow Istanbul platform release at an exhibitor pod at Knowledge17 in Orlando, Florida on May 9 and May 10, 2017 and then to present their live business pitch on‑stage at CreatorCon in Orlando, Florida on May 11, 2017 in front of the panel of judges. First place, second place, and third place winners will be determined by the panel of judges. Each Finalist will be required to give a presentation of up to four (4) minutes and answer follow‑up questions for up to four (4) minutes. Finalists may be receive additional time pursuant to questions from the panel of judges. Winners must publish their winning application, certified by ServiceNow on the Istanbul release of the ServiceNow platform, to the ServiceNow Store by August 15, 2017. The first place winner will also meet with ServiceNow executive staff following the CreatorCon Challenge Live event.

4.7.    Investment Offers. ServiceNow may offer an investment opportunity to the three winners; however, ServiceNow reserves the right not to invest. Investment opportunities provided in the Contest are with ServiceNow, Inc. and not any of the judges. If a judge that is not a ServiceNow employee offers an investment opportunity to you or any Entity, ServiceNow will not be responsible for that investment under any circumstances.

4.8.    Requirements. Contest announcements will be posted to the Contest Website. Notifications, including notice of addition to the shortlist, will be sent in English to the email address provided in your Entry. To receive the prizes herein, Finalists and winners must comply with these Official Rules.

5. Contest Prizes and Investment Opportunities

5.1.    Shortlist Prizes and Opportunities—Shortlisted Entities.

5.1.1    Shortlisted Entities will receive: (a) two (2) full conference passes for two (2) executives of the Entity with the authority to legally bind the Entity in agreements to the Knowledge17 event in Orlando, Florida, subject to acceptance of ServiceNow’s Knowledge17 standard attendee terms and conditions; (b) coach airfare travel for two (2) executives of the Entity to Orlando, Florida to attend the Knowledge17 event as well as transportation to and from the airport and hotel; and (c) standard accommodations for two (2) executives of the Entity from May 6, 2017 to May 12, 2017 in or near Orlando, Florida. The total approximate retail value of these Shortlist prizes is $100,000. The actual retail value of the prize will vary depending on various factors, including the date of booking, the point of departure, airport taxes and fees. Odds of winning depend upon the number of entries received and the Entity’s skill in creating the App.  

5.1.2.    Shortlisted entities not selected as Finalists will also receive space in the CreatorCon Developer Hub to demonstrate their App subject to acceptance of ServiceNow’s standard exhibitor agreement. The approximate retail value is $25,000 and will vary depending on the foot traffic and attendee interactions in the Developer Hub.

5.2.    Finalist Prizes and Opportunities.  Finalist Entities will receive the following in addition to the Shortlist prizes described in Section 5.1.1: (a) a preferred demo pod in the CreatorCon Developer Hub to showcase their App, subject to acceptance of ServiceNow’s standard exhibitor agreement; and (b) the opportunity to present their company and app on‑stage at CreatorCon in a general session following the CreatorCon Keynote. The total approximate retail value of the Finalist prizes is $50,000, in addition to the Shortlist prizes listed in 5.1.1. The actual retail value of the prize will vary depending on various factors, including foot traffic and attendee interactions in the Developer Hub and the number of attendees at the CreatorCon general session.

5.3.    Second and Third‑Place Prizes and Opportunities. The second and third‑place winning Entities will receive the following in addition to the Shortlist prizes described in Section 5.1.1 and the Finalist prizes described in Section 5.2: (a) a $150,000 investment opportunity (for second place) or a $100,000 investment opportunity (for third place), subject to execution of an investment agreement between the parties; (b) a feature in a press release issued by ServiceNow announcing the winners; (c) one (1) year of membership to the ServiceNow Technology Partner program for the Entity at the Silver tier, subject to acceptance of ServiceNow’s standard partner agreement and beginning upon signature of such agreement (or, for existing partners, upon the next renewal); (d) access to a ServiceNow developer consultant to provide non‑monetary guidance and suggestions regarding application design, development and certification for a period of three (3) months following CreatorCon; (e) a twenty (20) business day featured advertisement on the home page of the store.servicenow.com website; (f) presenter slot in a ServiceNow customer webinar; and (g) placement in a ServiceNow sales enablement video and inclusion in a communication to ServiceNow sales. The total approximate retail value of the second and third‑place prizes (exclusive of the investment opportunity) is $100,000 in addition to the Finalist Prizes listed in 5.2. The actual value of the prize will vary depending on various factors, including the extent of use of the developer consultant and the publicity and advertisement reach.

5.4.    First Place Prize and Opportunity. The Entity with the highest score will receive the following in addition to the prizes included in Sections 5.1.1,  5.2, and 5.3 (b), (c), and (d): (a) an investment opportunity with ServiceNow, Inc. of USD $250,000, subject to execution of an investment agreement between the parties; (b) a trophy presented at the Knowledge17 event and a meeting and photo opportunity with ServiceNow executives; (c) a twenty (20) business day hero banner advertisement on the store.servicenow.com website; (d) featured presenter slot in a ServiceNow customer webinar; (e) featured placement in a ServiceNow sales enablement video and featured in a communication to ServiceNow sales; and (f) the right to use a CreatorCon Challenge Winner logo subject to ServiceNow’s logo usage guidelines. The total approximate retail value of first place prizes (exclusive of the investment opportunity) is $50,000 in addition to the Second and Third‑Place Prizes listed in 5.3. The actual value of the prize will vary depending on various factors, including the publicity and advertisement reach.

5.5.    Investment Agreement. The investment opportunity will be subject to the terms of investment between ServiceNow, Inc. and the finalist. Such terms of agreement may include but are not limited to, a confidentiality agreement, a side letter agreement, a SAFE (simple agreement for future equity) or KISS (keep it simple security), and other terms and conditions required by ServiceNow, Inc. These agreements will be provided after a finalist has been awarded an investment opportunity. A fully executed confidentiality agreement from the winner will be required prior to receiving the side letter, a SAFE, KISS or other terms required by ServiceNow. If the parties are unable to reach an agreement, the Finalist will forfeit the investment opportunity.

5.6.    Taxes and Costs. Prize recipients are responsible for paying any applicable taxes and any additional costs or expenses not listed or covered here in these Official Rules.

6. Disqualification and Conduct

6.1.    Entry Disqualification. ServiceNow reserves the right to assess your eligibility and compliance with these Official Rules and to disqualify and render null and void and ineligible to win a prize any Entry in its sole and absolute discretion at any time, including but not limited to any Entry that is: (a) incomplete, including those with a URL to a pitch video that does not meet the requirements of these Official Rules; or (b) offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, or illegal, or which in any manner violates these Official Rules or could reflect negatively on ServiceNow. Your Entry must be appropriate for public display to all audiences.

6.2.    Entity Disqualification. Without limiting our rights and remedies, we reserve the right, in our sole discretion, to disqualify you and any Entity you represent if you or the Entity: (a) engage in conduct not in compliance with these Official Rules; (b) engage in conduct intended to cheat or tamper with the Contest; (c) engage in disruptive or inappropriate behavior; (d) engage in conduct that is unlawful, offensive, harassing or embarrassing, as determined in our sole and complete discretion; (e) are under bankruptcy protection or have judicial liens or attachments; (f) promote, sell or advertise any products, ideas or services that do not comply with applicable Laws; (g) are subject to an investigation by a government entity for criminal or civil matters (including, but not limited to, fraud, misfeasance, or other misconduct or dishonesty; or (h) are domiciled in Cuba, Iran, Syria, North Korea, Myanmar or Sudan, or otherwise subject to any trade restriction under applicable Laws.

6.3.    Proper Conduct. You agree to comply, at your sole expense, with: (a) all applicable national, state, city, municipal, and government laws and regulations, including data privacy and security regulations; and (b) the rights of other parties, including but not limited to all applicable trademark and copyright laws.

7. Publicity

7.1.    Entry Publicity. By submitting an Entry, you grant us an irrevocable, royalty‑free, worldwide right and license to: (a) use, review and share any intellectual property and information about you, your Entity, and the App as part of your Entry or your participation in the Contest and acceptance of any prize, including but not limited to, your participation in a ServiceNow incubator or mentorship program; and (b) include your Entry and all its content, your technology, executives and Entity for all promotional purposes (including but not limited to, in press releases, presentations, promotional materials and trade shows) in all media now known or later developed; and (c) feature your Entity, its technology, executives and Trademarks (as defined below) in advertisements in all media related to the Contest. You, the Entity and executives participating in all activities related to the Contest, including, but not limited to, participation at Knowledge and the ServiceNow incubator or mentorship program, agree to sign any further necessary documentation required for us and our designees to make use of the rights granted here.

7.2.    Contest Recordings. You acknowledge that your participation in the Contest may be recorded and reproduced, including in video, photographs, comments and other records. You hereby authorize ServiceNow to record, transcribe, modify, perform, reproduce, display, distribute and transmit in any form and for any purpose any such recording of your participation, and you and your employees agree to execute any related additional release(s) provided by ServiceNow as reasonably necessary to protect ServiceNow’s rights therein. You and the Entity you represent hereby release ServiceNow, its designees, successor and assigns from, and waive all claims the Entity or its employees or agents may possess, now or in the future, in connection with such activities, and expressly waives any statutory restriction on waivers of future claims or moral rights.

7.3.    Trademarks. You hereby grant to us a limited, royalty‑free, non‑sublicensable, non‑transferable, non‑exclusive license to use your logos, service marks and trademarks (“Trademarks”) for the promotion and production of the Contest, including, without limitation, your participation in the Contest, your Entry and your application.

8. General Contest Terms

8.1.    Acceptance of Rules and Decisions. By registering and participating in the Contest, you fully and unconditionally agree to these Official Rules and other instructions related to the Contest, as well as to our decisions regarding the Contest, which are final and binding. Prizes offered in these Official Rules are contingent upon fulfilling all requirements herein. If you do not want to grant us the rights granted under these Official Rules and other documentation required to complete the investment opportunity, please do not enter this Contest.

8.2.    Suspension. ServiceNow may, in its sole and absolute discretion and for any reason, without limitation: (a) suspend the Contest and then later resume the Contest; (b) award the prize according to the criteria set forth above from among the eligible entries received up to the time of the suspension, (c) extend any deadlines; or (d) take any other reasonable action as we deem necessary and appropriate to the circumstances to ensure a fair Contest.

8.3.    No Grant of Rights. Nothing in these Rules shall be interpreted as granting you permission to use or display any of the ServiceNow trademarks (including any logo, brand or slogan) or rights in any ServiceNow technologies or IP. Such permissions may be available to you under a separate agreement. You agree to contact us prior to promoting or publicizing your participation in and, if applicable, you winning the Contest.

8.4.    Similar Development. You acknowledge that we, other entrants or others may have developed or commissioned technology similar or identical to that of your technology or may develop something similar in the future, and you waive any claims you may have resulting from any similarities to your technology or business model. You also acknowledge and agree that if you receive an investment opportunity or a position in a ServiceNow incubator or mentorship program, the investment and your participation in such program is not exclusive and we may invest and include other companies with similar technology to that of your Entity’s in the program.

8.5.    Employee Exposure. By participating in the Contest, you agree that ServiceNow may use your Entry in connection with this Contest without compensation to you, and further, any information in our representatives’ unaided memories may be used in the development or deployment of our products or services without liability or compensation to you for use thereof. This provision does not limit any compensation you may receive through us or third parties as a result of your use or marketing or profiting from the application beyond this Contest or as provided in these Official Rules. We are not responsible for any unauthorized use of your Entry by those accessing or viewing your Entry.

8.6.    Release and Hold Harmless. You agree to release, defend and hold harmless ServiceNow, the judges, and our respective parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of your participation in the Contest, including, but not limited to: (a) human or technical errors in administering the Contest; (b) any claim or allegation that your Entry or your participation in this Contest violated these Official Rules, or that your Entry infringes any copyright, trademark, or any other intellectual property right; and (c) claims relating to damage to persons or property relating in any way to your participation in the Contest. In addition, all Entries are subject to the following terms and conditions: Each entrant hereby represents and warrants that between it and ServiceNow, it owns the App submitted by it subject to the terms and conditions applicable to the instance, or that it otherwise has the right to grant the entry thereof, and that the App does not violate the patent rights, copyright, trademark rights, contract rights or any other rights of any person or entity. Further, each entity and its parent, affiliates, subsidiaries, agents, successors and assigns hereby indemnify, discharge, release, and hold the Released Parties harmless from any action and/or liability, in any form or manner, inclusive of attorneys’ fees and costs, arising from any infringement of any third party’s rights, in connection to the App and this Contest.

8.7.    Dispute Resolution. You agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state court located in Santa Clara County, California, or federal court located in San Francisco, California. All issues and questions regarding or relating to these Official Rules, your rights and obligations, or our rights and obligations in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California and the United States of America, without regard to any conflict of law rules (whether of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than California. You hereby irrevocably waive any and all claims and defenses you might otherwise have in any action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar claim or defense.

8.8.    Waiver. ServiceNow’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

8.9.    Agreement. If any provision of these Official Rules is for any reason found to be unenforceable, the remainder of these Official Rules will continue in full force and effect to the fullest extent permitted by law. Additional terms apply to your use of any ServiceNow website account, attendance at CreatorCon17, and participation in the ServiceNow Technology Partner Program. These Official Rules constitute the complete and exclusive understanding and agreement of the parties and supersede all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof.

 

Sponsor:
ServiceNow, Inc.
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Santa Clara, CA 95054
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