NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW.
- Eligibility: The “Developer Challenge” (“Contest”) is open to legal residents of the contiguous United States, Canada (with the exception of Quebec), Australia, India (excluding the State of Tamilnadu) and the United Kingdom . Entrants must be 18+ as of their date of entry in this Contest in order to qualify. This Contest is subject to federal, state, and local laws and regulations and void where prohibited by law. Klaviyo's employees, employees of its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, directors, and employees of state owned entities are ineligible to participate in the Contest.
- Sponsorship: The sponsor of the Contest is Klaviyo, Inc. (“Sponsor”), located at 125 Summer St Floor 7, Boston, MA 02111. Sponsor will conduct the Contest substantially as described in these official rules (“Official Rules”).
- Agreement to Official Rules: By entering this Contest, the entrant (“You”) agree to abide by and be subject to these Official Rules and Sponsor’s decisions, which are fully and unconditionally binding in all respects. The Sponsor reserves the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering this Contest, You represent and warrant that You are eligible to participate based on eligibility requirements explained in these Official Rules. You also agree to accept the decisions of the Sponsor as final and binding as it relates to this Contest.
- Contest Entry Period: This Contest begins on May 30, 2023, at 12pm ET and ends on June 6, 2023, at 11.59pm ET (“Entry Period”). To be eligible for the Contest, entries must be received within the specified Entry Period.
- How to Enter: Eligible entrants can enter the Contest by visiting the challenge post (post titled, “Developer Challenge | May 2023”) in the Klaviyo Community Developer Group for the problem statement (“Problem Statement”) and filing the solution in the corresponding Google Form that will be linked at the bottom of the Challenge Post (“Entry”). Only one Entry allowed per individual and multiple Entries if identified by the Sponsor, will be disqualified. As a participant, your entry must fully meet all Contest requirements, as specified in the Official Rules, in order to be eligible to win a prize. Incomplete entries, multiple entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor's sole discretion.
- Conditions and Code of Conduct for Entry: By entering this Contest, You represent and warrant (i) to comply with all applicable federal, state, and local laws and regulations by entering this Contest; (ii) that, except for the solution to the Problem Statement (“Solution”), you will not share any other content, information, pictures, details etc. as part of your Entry, (iii) that the Solution as part of any Entry you submit is your own original work product and does not infringe the intellectual property rights any of any other party, and violate any privacy or publicity or other proprietary rights of any person or entity; (iv) that you will not use or seek the assistance of an external generative AI took such as ChapGPT to come up with the Solution; (v) your Solution and or posts related to this Contest will not contain any obscene, offensive, libelous, disparaging, infringing, or other inappropriate content or subject matter; (vi) that you will not inaccurately tag any content or encourage others to inaccurately tag any content as part of entering into this Contest.
- Judges and Judging Criteria: The Sponsor will select the first three eligible Entries with a Valid Solution to the Problem Statement it receives during the Entry Period as the winner(s) of the Contest (each, a “Winner(s)”). “Valid Solution” means supplying a solution that addresses the technical basis of the problem to a reasonable degree, as finally determined by the Sponsor and judges. The Sponsor will appoint a panel of a varying number of judges consisting of software developers employed with the Sponsor (“Judges”) to determine whether an Entry is eligible and consists of a Valid Solution. In the event of a tie, the eligible Entry with the earliest submission date or more detailed response as determined by the Judges will be awarded the Grand Prize.
- Prizes and selection of Winners: The first Entry with a Valid Solution as determined by the Judges will win a gift card of $500, followed by Klaviyo Swag for the second and third Entries with Valid Solutions, all three prizes worth US$ 600 in total (“Prize(s)”). The actual/appraised Prize value may differ at the time the Prize is awarded. The Prize(s) shall be determined solely by the Sponsor.
No transfer, assignment or substitution of a Prize shall be made for cash or any other prize, except by Sponsor, who reserves the right to substitute the Prize with another prize of comparable or greater value if the intended Prize is not available for any reason as determined by Sponsor in its sole discretion. Sponsor is not responsible and will not replace if any Prize is lost, stolen, destroyed, or used without permission. All Prize winners are responsible for all federal, state and local taxes arising from receipt, acceptance or use of any prize, Sponsor will not be responsible for any tax deductions which may be necessary and Sponsor reserves the right to withhold taxes as required by law. All prizes must be accepted “as is,” and no warranties will be provided by the Sponsor.
- Odds: The total number of eligible entries received determines the odds of winning.
- Notification of Winner: The Sponsor will notify the Winner(s) within 7 days from the end of the Entry Period by reaching out to the Winners individually via the same email that the Winners submitted their Entry from. By entering into the Contest, You provide consent for Sponsor to contact you on such email and send the Prize. Sponsor is not liable for the Winner’s provision of incorrect or otherwise non-functioning email, information or contact details. Inability of Sponsor to contact Winners via email or non-receipt of responses by Winners within seven (7) days of selection, may result in disqualification of the winner and an alternate winner may be selected by the Judges by selecting an eligible Entrant with the next Valid Solution. The Sponsor will publish the Winners list at https://community.klaviyo.com/groups/developer-group-64 which is available for a week from the date of the announcement.
Receipt of the Prize Contest by the Winner is upon the condition of compliance with any and all federal, state, and local laws and regulations. IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By submitting an entry into this Contest or Contest, You understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensees successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your Solution, name, photo, portrait, voice, likeness, image, statements about the Contest, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration. In addition, You shall, at your own expense and subject to the terms of these Official Rules indemnify, defend and hold Sponsor harmless from and against any claim(s) brought against Sponsor by a third party alleging that the Solution submitted by you or any portion thereof as used within the scope of the licenses granted to Sponsor under these Official Rules infringes any copyrights, patents, violates any trade secrets or any other intellectual property rights of a third party.
- General Conditions and Release: Entries must not disclose any confidential information, trade secrets, patentable subject matter, any account information or personal data at any stage of the Contest. By entering the Contest, You (a) release, discharge and hold harmless Sponsor, and its respective directors, officers, agents and employees (collectively the “Released Parties”) from any and all liability for any claims, costs, injuries, losses or damages of any kind arising out of the your participation in the Contest or related activities, and the acceptance of any Prize awarded hereunder, including any violation of these Official Rules and the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of Prizes; and (b) acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any product liability, warranty, representation or guarantee, expressed or implied, in fact or in law, related to the Prizes including, but not limited to, Prize quality, its performance, or availability. Neither the Released Parties nor any service providers of the Released Parties are responsible for lost, incomplete, illegible, late, damaged, inaccurate, misdirected, garbled, or undelivered entries or email; miscommunications, failed computer hardware or software or technical failures; printing, typographical or other errors appearing within the Official Rules, in any Contest related advertisements or other materials; or other errors or problems of any kind relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest related to scheduling, the processing of entries, mail or e-mail and/or the announcement of the prize, or any injury or damage to You or any other persons’ computers or equipment related to or resulting from participation, or uploading or downloading of any materials related to this Contest. Any materials provided to participants by Sponsors solely to facilitate participation in the Contest on an AS IS basis without warranties of any kind.
ANY ATTEMPT TO DELIBERATELY TAMPER WITH THE ENTRY PROCESS OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR TO DEFRAUD SPONSOR IN ANY WAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Use of any automated system to participate in the Contest is prohibited and will result in disqualification. Submitted Entry that is incomplete or corrupted is void. Sponsor is not liable or responsible for late, invalid, or misdirected content that is submitted, all of which will be disqualified.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or provision. If for any reason the Contest is not capable of being executed as planned, tampering, unauthorized intervention, fraud, technical failures or any other causes which in the opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to void content submitted on your behalf and to cancel, terminate, modify or suspend the Contest (or any portion thereof) for any reason. In the event of any cancellation, termination or suspension, You will be notified thereof and the selection of Winners will be made in a manner determined by Sponsor, in its sole discretion, to be fair, appropriate and consistent with these Official Rules.
- Disputes: You agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or the award of prizes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or the appropriate Massachusetts State Court located in Suffolk County, Massachusetts; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will You be permitted to obtain awards for, and You hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Commonwealth of Massachusetts.
- Privacy Policy: You acknowledge that any information that can be used to uniquely identify, contact, or locate a particular person or can be used with other sources to uniquely identify a particular person (“Personally Identifiable Information”) collected by Sponsor shall be subject to Sponsor’s privacy policy located at https://www.klaviyo.com/privacy. You acknowledge and agree that Sponsor shall be authorized to use any Personally Identifiable Information collected for any marketing or promotional purposes.