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.
These Official Rules were last updated January 2019.
1.1. The Contest begins October 16, 2018 and ends March 8, 2019 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:
October 16, 2018: Entry period opens.
March 8, 2019: Deadline for all Entries, including your App, App demo video, investor pitch video, and investor pitch deck.
Round 1: March 22, 2019: Notice provided to the Shortlisted Entities (as defined below).
Round 2: April 12, 2019: Finalists announced.
April 12 ‑ May 2, 2019: Mentorship period.
May 2, 2019: Deadline for pitch presentations and Apps to be used at Knowledge19.
Round 3: May 7, 2019: Winner announced after the CreatorCon Challenge final at Knowledge19.
May 2019:ServiceNow Press Release announcing the Winner.
Q3 2019: Winner App commercially available on the ServiceNow Store and/or OEM program.
2.1. Eligible Entities. The Contest is open only to Entities that: (a) are valid independent legal entities (if in the United States, a C corporation or LLC), who satisfy the requirements in Section 5.5; (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, and are permitted by the Laws of each such jurisdiction to enter and compete in this Contest; (c) currently have or shall create a single ServiceNow Developer Program account (“Designated Account”); (d) have not received any Entity valuation as a result of an equity financing; (e) have received total cash funding of less than $2 million USD; (f) are engaged in the development and sale of pre‑packaged, off‑the‑shelf software‑as‑a‑service applications as their principal business; and (g) agree to publish their App (as defined below), should it win first place, to the ServiceNow Store (available at https://store.servicenow.com) or make the App commercially available as a participant in the ServiceNow ISV OEM program, by August 15, 2019. 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 or majority owned by individuals who: (a) are currently employed, or were at anytime after April 16, 2018 employed, by ServiceNow or any of ServiceNow’s direct or indirect wholly or majority owned subsidiary or affiliate companies; (b) are immediate family (spouse, parents, siblings, or children) or household members of any of the employees or former employees in 2.2(a); (c) are a Contest judge or immediate family (spouse, parents, siblings, or children) or household members of a Contest judge; (d) are current employees of an entity in which Sponsor has invested and holds an ownership interest; (e) are professionally involved in the development or administration of this Contest; or (f) are domiciled in Cuba, Iran, Syria, North Korea, Myanmar or Sudan.
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) your application created and hosted on the Developer Instance associated with the Designated Account for the London or Madrid release of the Now Platform® that is able to be installed and evaluated by ServiceNow for technical vetting and to verify that it matches what is in your demonstration video (“App”); (c) a narrated App demo video of up to five (5) minutes that is an on‑screen recording in MP4 format showing the App in use by: (i) the business process/service owner, (ii) service provider/fulfiller, and (iii) end user/requester (d) an investor pitch video in MP4 format of up to five (5) minutes featuring your Entity’s founding team pitching your company, your App and business strategy, and how you would use the investment; and (e) investor pitch deck. All of the materials listed in the previous sentence together constitute 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, or described in an approved App Description under the ServiceNow ISV OEM partner program prior to July 1, 2018 are not eligible for inclusion in an Entry.LIMIT: An Entity may only submit one (1) 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.
4.1. Round One.
4.1.1 Judging 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; (d) the extent of Entity’s utilization of one or more of the following Now Platform London or Madrid release features in the App: (i) Agent Intelligence, (ii) Flow Designer, (iii) Integration Hub, (iv) MetricBase, (v) ServiceNow® Mobile Studio (vi) Performance Analytics, (vii) Virtual Agent; (e) the extent to which the App complements or extends ServiceNow products or addresses a solution white space; and (f) technical viability of the App (all of the foregoing constitute the “Judging 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.
4.1.2.Shortlist Selection. ServiceNow will, in ServiceNow’s sole and absolute discretion, select up to ten (10) Entities that submitted the best Entries pursuant to the Judging Criteria to be part of a shortlist (the “Shortlisted Entities”). Two employees representing each Shortlisted Entity agree to demonstrate their App on the London or Madrid release of the Now Platform at an exhibitor pod in the Developer Hub at Knowledge19 in Las Vegas, Nevada from May 7‑9, 2019. Failure to adhere to such activities may result in disqualification and forfeiture of prizes.
4.2.1. Live Interview and Live Pitch. Following the shortlist selection, two (2) executives from each Shortlisted Entity who have the authority to bind the Entity must participate in an online video interview that may be recorded to pitch their company, business proposition, App and why ServiceNow should consider investing, as well as answer any questions ServiceNow may have.
4.2.2.Finalist Selection. From the Shortlisted Entities, ServiceNow will, in its sole and absolute discretion, select three (3) Entities (“Finalists”) pursuant to the Judging Criteria. The names of the Finalists will be published on the Contest Website by April 17, 2019.
4.3 Round Three.
4.3.1.Panel of Judges. Judges for the third round of the Contest shall be selected by ServiceNow at its sole and absolute 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.
4.3.2. Finalist Preparations. Two (2) executives of each Finalist who have the authority to bind the Entity agree to: (a) participate in two (2) mentorship sessions during the period of April 12, 2019 to May 2, 2019 for the purposes of improving their App and business pitches; (b) provide ServiceNow with their final business pitch presentation slide deck and App no later than May 2, 2019; and (c) participate in a dry‑run on site at Knowledge19 in Las Vegas, Nevada on Sunday May 5, 2019 prior to the live business pitch on stage in front of the panel of judges at Knowledge19 at the CreatorCon Challenge final on May 7, 2019. Failure to adhere to such activities or provide the required materials on time may result in disqualification and forfeiture of prizes.
4.3.3. Live Business Pitch. Up to two (2) executives representing the Finalists who have the authority to bind the Entity agree to present their live business pitch onstage at Knowledge19 in Las Vegas, Nevada in front of the panel of judges. Each Finalist will be required to give a presentation of up to five (5) minutes and answer follow‑up questions for up to five (5) minutes. Finalists may receive additional time pursuant to questions from the panel of judges.
4.3.4 Selection of Winner. First place (“Winner”) will be determined by the panel of judges based on the Judging Criteria. The Winner must complete the ServiceNow technical certification process and publish their winning application on the London or Madrid release of the Now Platform to the ServiceNow Store, or make the App commercially available as a participant in the ServiceNow ISV OEM program, by August 15, 2019. In the event that the Winner elects to distribute its App via the ServiceNow ISV OEM program, the Entity must populate its App listing with marketing content on the OEM pages of the ServiceNow Store and successfully complete the ServiceNow marketing review process.
4.4. 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 the Winner must comply with these Official Rules.
5. Contest Prizes and Investment Opportunities
5.1.Shortlist Prizes. The Shortlisted Entities will each receive: (a) two (2) passes to Knowledge19 in Las Vegas, Nevada (airfare and accommodations not provided), subject to acceptance of ServiceNow’s Event Attendee Terms and Conditions and subject to staffing their demo pod in the CreatorCon Developer Hub and (b) a demo pod in the CreatorCon Developer Hub (the “Shortlisted Prizes”). The total approximate retail value of the Shortlisted Prizes for up to ten (10) Entities and up to twenty (20) individuals is $100,000.
5.2.Finalist Prizes and Opportunities. In addition to the Shortlisted Prizes, the three (3) Finalists will each receive (a) the opportunity to present their company and App on‑stage at Knowledge19 to the panel of judges; (b) coach airfare for two (2) executives with authority to bind the Entity to Las Vegas, Nevada to attend Knowledge19; and (c) standard accommodations for two (2) executives of the Entity from May 5, 2019 to May 9, 2019 in or near Las Vegas, Nevada (the “Finalist Prizes”). The total approximate retail value of the Finalist Prizes for the three (3) Finalists is $30,000.
5.3.Winner Prizes and Investment Opportunity. The Winner will receive (a) a possible investment opportunity with ServiceNow of $250,000, subject to Section 5.5; (b) a feature in a ServiceNow press release; (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) placement in a ServiceNow customer webinar subject to agreement from ServiceNow marketing campaign management, availability of a customer speaker, and optimal timing of a webinar in the Winner’s overall go‑to‑market plan; (g) placement in a ServiceNow sales enablement video and inclusion in a communication to ServiceNow sales and solution consulting, predicated on a referenceable and suitable customer win; and (h) an invitation to the ServiceNow app accelerator (the “Winner Prizes”). The total approximate retail value of the Winner Prizes, exclusive of the investment opportunity, is $30,000.
5.4.Actual Value of Prizes. The actual value of the prizes described in Sections 5.1‑5.3 will vary depending on multiple factors, including, but not limited to, date of booking air travel and accommodations, point of departure, airport taxes and fees, attendance at the CreatorCon Challenge final, foot traffic and attendee interactions in the CreatorCon Developer Hub, the extent of use of the developer consultant, and publicity and advertisement reach.
5.5.Investment from ServiceNow.
5.5.1 Investment Opportunity. ServiceNow may offer an investment opportunity to the Winner of the Contest; however, ServiceNow reserves the right, exercisable in its sole and absolute discretion, not to invest in the Winner. Investment opportunities provided as part of the Contest are with ServiceNow 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. Winner acknowledges that any acceptance of an investment hereunder may require compliance with various securities laws, rules, and regulations, and Winner agrees to comply with same. Winner further acknowledges that: (i) ServiceNow will not be providing them with any legal, tax, or investment advice; (ii) ServiceNow strongly recommends that Winner obtains such advice from qualified professionals in connection with any investment hereunder; and (iii) it is solely their decision to accept an investment, if offered, from ServiceNow.
5.5.2. Investment Agreement.The investment opportunity will be subject to the terms of investment between ServiceNow and the Winner. 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 a KISS (keep it simple security), and other terms and conditions required by ServiceNow. These agreements will be provided after a Finalist has been awarded an investment opportunity. A fully executed confidentiality agreement from each winner will be required prior to receiving the side letter, a SAFE, a KISS or other terms required by ServiceNow. If the parties are unable to reach an agreement, the Finalist will forfeit the investment opportunity.
5.5.3 Entity Diligence. At a minimum and as a condition to receiving the awarded investment from ServiceNow, the Winner must provide to the satisfaction of ServiceNow, in its sole and absolute discretion: (a) proper incorporation/formation documents, (b) minute books/records documenting corporate actions and equity related matters, (c) documentation of equity issuances, transfers, etc., and (d) assignment of IP related to the winning Entity from founder(s), service providers, etc. to the winning Entity.
5.6. Odds of Winning. Odds of winning Contest Prizes and Investment Opportunities depend upon the number of entries received and the Entity’s skill in creating its Entry.
5.7. Taxes and Costs. Prize recipients are responsible for paying any applicable taxes and any additional costs and 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 its rights and remedies, ServiceNow reserves the right, in its sole and absolute 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 ServiceNow’s 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.
7.1. Entry Publicity. By submitting an Entry, and in addition to any rights that may have been granted by you to ServiceNow under separate agreements, you grant us an irrevocable, royalty‑free, worldwide right and license to: (a) host, operate, review and share your App’s features and functionality, 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, Entity, and information about you (including your name, company name, company logo, likeness, photograph, and any voice, video, or other recording of you) 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 waive 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, the requirements listed in Section 5.5, 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 provide 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; and (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 Official 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, 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. THIS CONTEST SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PROVISIONS THEREOF THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN CALIFORNIA. ENTRANTS ARE RESPONSIBLE FOR CONFIRMING THAT THESE OFFICIAL RULES CONFORM WITH THE LAWS OF THEIR RESPECTIVE JURISDICTIONS (INCLUDING THE LAWS OF THEIR COUNTRIES IF SITUATED OUTSIDE OF THE UNITED STATES) AND HEREBY CERTIFY THAT THEY HAVE DONE SO. 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. 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 Knowledge19, 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.
8.10. Discretion to Terminate and Modify. Sponsor may, in its sole and absolute discretion and to the maximum extent permitted by law, cancel, terminate, modify, or suspend the Contest if the Contest cannot be completed as planned for any reason.