HubSpot CMS + CRM Website Contest 2021 Official Rules – (the “Official Rules”)

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY INTO THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.

All applicable federal, state and local laws and regulations apply. Cheating in any way will disqualify you from the Contest. Limit one (1) entry per person, per e-mail address, and per household during the Contest Submission Period via online entry, regardless of whether a person has more than one address or more than one person uses the same address. 

Contest Name: HubSpot CMS + CRM Website Contest 2021 (the “Contest”)

Contest Website: https://cmshub.devpost.com (the “Contest Website”)

1. SPONSOR

Sponsor (“Sponsor”): HubSpot, Inc., located at 25 First Street, Cambridge, MA, 02141, United States and its Affiliates. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. The Sponsor is the entity responsible for the administration of the Contest and all prize fulfillment.

Devpost, Inc. (“Devpost”), located at 222 Broadway, 19th Floor, New York, NY 10038 will provide the platform (“Contest Website”) and is the official timekeeper for the Contest.

2. DATES AND TIMING

Contest Submission Period: April 29, 2021 (9:00 am Eastern Time, USA) – May 20, 2021 (11:45 pm Eastern Time, USA) (the “Contest Submission Period”)

Judging Period: May 21, 2021 (9:00 am Eastern Time, USA) – June 2, 2021 (11:45 pm Eastern Time, USA) (the “Judging Period”)

Winners Announced: On or around June 8, 2021 (1:00 pm Eastern Time, USA)

3. ELIGIBILITY

A. The Contest IS open to:

* Individuals who are 18 years old or have reached the age of emancipation in the jurisdiction in which they are making a Submission, whichever is greater (“Eligible Individuals”).

* Organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that exist and have been organized or incorporated at the time of entry.

(the above are collectively, “Maker”, “you”)

If an Organization is entering the Contest, they must appoint and authorize one individual (the “Representative”) to represent, act, and enter a Submission, on their behalf. The Representative must meet all the eligibility requirements listed above. By entering a Submission on the Contest Website on behalf of an Organization you represent and warrant that you are the Representative authorized to act on behalf of your Organization.

B. The Contest IS NOT open to:

• THE Contest IS VOID TO INDIVIDUALS WHO ARE RESIDENTS OF, OR ORGANIZATIONS DOMICILED IN, U.S. EMBARGOED COUNTRIES AND TERRITORIES AS DESIGNATED BY THE U.S TREASURY’S OFFICE OF FOREIGN ASSETS CONTROL (“OFAC”) AND IS VOID WHEREVER RESTRICTED BY, WITHOUT LIMITATION, FILING OR REGISTRATION REQUIREMENTS, OR IS OTHERWISE PROHIBITED OR RESTRICTED BY LAW, INCLUDING BRAZIL AND QUEBEC.
• Organizations involved with the design, production, paid promotion, execution, or distribution of the Contest, including Sponsor and Devpost
• Employees, representatives and agents** of such Organizations, and all members of their immediate family or household*
• Any other individual involved with the design, production, promotion, execution, or distribution of the Contest, and each member of their immediate family or household*
• Any Judge (defined below), or company or individual that employs a Judge
• Any parent company or subsidiary of any Organization described above
• Any other individual or Organization whose participation in the Contest would create, in the sole discretion of the Sponsor, a real or apparent conflict of interest

*The members of an individual’s immediate family include the individual’s spouse, children and stepchildren, parents and stepparents, and siblings and stepsiblings. The members of an individual’s household include any other person that shares the same residence as the individual for at least three (3) months out of the year.

**Agents include individuals or Organizations that, in creating a Submission to the Contest, are acting on behalf of, and at the direction of, an Organization involved with the design, production, paid promotion, execution or distribution of the Contest through a contractual or similar relationship.

Additional Prize specific eligibility requirements are stated in Section 7

4. SUBMISSION REQUIREMENTS

Maker must do the following to participate in the Contest:

• Register for the Contest on the Contest Website by clicking the “Register” button. To complete registration, Maker must sign up to create a Devpost account, or log in with an existing Devpost account. There is no charge for creating a Devpost account. This will enable Maker to receive important updates and access the “Start Submission” page.
• Make a Submission that consists of:
  • If available, a public URL to a Website created by Maker (“Website”).  If the Website is created for a Maker’s Client, Maker must obtain written permission from its Client to include the Website URL in its Submission for the Contest. Upon request by Sponsor, Maker must make Client’s written permission available for verification.
  • A demo video (not to exceed 10 minutes) demonstrating key features of the Website being entered into the Contest. Back-end and/or gated features must be demonstrated in this video or they will not be judged as part of the Contest.
  • Case study materials developed by Maker, including answers to the case study questions found on this page: https://designers.hubspot.com/inspire/new-entry

A. Language Requirements

All Submission materials must be in English.

B. Website Requirements

(i) Platforms: Website must be built for and run on HubSpot’s CMS platform.

(ii) New & Existing:  Website can exist before the Contest begins, or can be created or updated during the Contest Submission Period.

(iii) Intellectual Property: Maker’s Submission must not violate the intellectual property rights or other rights including but not limited to copyright, trademark, patent, and/or trade secrets, of any other person or entity. A Maker may submit a Submission that includes the use of open source software or hardware, provided the Maker complies with applicable open source licenses and, as part of the Submission, creates software that enhances and builds upon the features and functionality included in the underlying open source product. By entering the Contest, Maker represents, warrants, and agrees that the Submission meets these requirements.

(iv) Financial or Preferential Support: A Website must not have been developed, or derived from a Website developed, with financial or preferential support from Sponsor. Such Websites include, but are not limited to, those that received funding or investment for their development, were developed under a contract, or received a commercial license, from Sponsor any time prior to the end of Contest Submission Period. Sponsor, at its sole discretion, may disqualify a Website, if awarding a prize to the Website would create a real or apparent conflict of interest.

C. Text Description, Image, and Video Requirements

(i) Text Description: The text descriptions should explain the features and functionality of the website, as well as the business challenges they solve.

(ii) Images: The image(s) should be screenshots of the Website.

(iii) Video: The required video portion of the Submission:

a. should be 5 minutes long, not to exceed 10 minutes;

b. must include footage that clearly explains the Website’s features and functionality through a comprehensive demo. Back-end / gated features must be demonstrated in this video or they will not be judged as part of the Contest;

c. must be uploaded to YouTube or Vimeo, and a link to the video must be provided on the submission form on the Contest Website; and

d. must not infringe any third party intellectual property or other rights. 

D. Submission Modifications

(i) Draft Submissions: Prior to the end of the Submission Period, Maker may save draft versions of the Submission on Devpost to Maker’s portfolio before submitting the Submission materials to the Contest Website for evaluation. Once the Submission Period has ended, Maker may not make any changes or alterations to the Submission, but Maker may continue to update the project in its Devpost portfolio.

(ii) Modifications after the Submission Period. Sponsor may permit Maker to modify part of the Submission after the Submission Period for the purposes of removing material that potentially infringes a third party mark or right, discloses personally identifiable or confidential information, or is otherwise deemed inappropriate by Sponsor. The modified Submission must remain substantively the same as the original Submission with the only modification being what  Sponsor permits. Sponsor may add the Contest hashtag to the demonstration video on behalf of the Maker.

5. SUBMISSION RIGHTS

A. Maker Rights: Subject to the license grant described below, any applicable intellectual property rights to the Submission will remain with the Maker.

B. Sponsor Rights: By entering the Contest, Maker grants to Sponsor, its Affiliates, and any other third party acting on Sponsor’s behalf, a royalty-free, non-exclusive, irrevocable, fully transferable, assignable, sublicensable, worldwide, perpetual license to publicly perform and display the Submission for promotional purposes. This license grant includes, but is not limited to, posting or linking to the Submission on Sponsor’s, its Affiliates and third party websites and applications, including the Contest Website, and displaying and promoting the Submission in any other media now known or hereinafter developed. Maker also represents and warrants that it has obtained all applicable rights, permissions and licenses from third parties for the Submission. Except as specified in these Official Rules, neither Maker nor Sponsor acquires any ownership rights under these Official Rules to any trademarks, copyrights, patents, trade secrets or other intellectual property of the other.

C. Submission Display: The following Submission components may be displayed to the public: name, description, images, video URL, website URL, Maker name. Other Submission materials may be viewed and downloaded by Sponsor and Judges for screening and evaluation.

D. Maker’s Representations and Warranties. Maker represents and warrants that Sponsor may use the Submission in the manner described above, as provided or as modified by  Sponsor, without obtaining permission or license from Maker or any third party and without any compensation to Maker or any third party.

6. JUDGING

A. Judges: Eligible Submissions will be evaluated by a panel of judges selected by Sponsor (the “Judges”). Judges may be employees of Sponsor or external, may or may not be listed individually on the Contest Website, and may change before or during the Judging Period. Judging may take place in one or more rounds with one or more panels of Judges, at the discretion of Sponsor.

B. Criteria: The Judges will score eligible Submissions using the following criteria (the “Judging Criteria”):

(i) CMS + CRM Functionality 

This includes powerful features and personalized user experiences made possible by the integration of HubSpot’s CMS and CRM platform.

• For example:
  • Custom objects
  • Memberships
  • Smart content
  • Adaptive testing
  • Serverless functions
  • Web apps
  • HubDB tables
  • Workflows
  • Conversations
  • Other advanced functionality

(ii) Design and Usability

This includes aesthetic quality, information architecture, accessibility, and general design best practices.

(iii) Optimization 

This includes site speed, SEO, and general optimization best practices. 

(iv) Business Impact 

This includes how sites solve a compelling need or drive positive results across an organization

(v) Community Choice

Members of the DevPost community will vote on their favorite Submission listed on the Contest Website during the Judging Period.

Maker that is eligible for a Prize, and whose Submissions earn the highest scores based on the applicable Judging Criteria, will become a potential winner of the applicable Criteria Based Prize.

C. Submission Review: JUDGES ARE NOT REQUIRED TO TEST THE WEBSITE  AND MAY CHOOSE TO JUDGE BASED SOLELY ON THE TEXT DESCRIPTION, IMAGES, AND VIDEO PROVIDED IN THE SUBMISSION.

D. Tie Breaker: For each Prize listed in Section 7 below, if two or more Submissions are tied, the panel of Judges will vote on the tied Submissions and award additional points to break the tie.

7. PRIZES

Total fair market value (“FMV”) of all prizes is approximately $22,500.

8. VERIFICATION OF POTENTIAL WINNERS

A. Verification Requirement: THE AWARD OF A PRIZE TO A POTENTIAL WINNER IS SUBJECT TO VERIFICATION OF THE IDENTITY, QUALIFICATIONS, AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE SUBMISSION. The final decision to designate and award a winner shall be made solely by Sponsor.

B. Required Forms: Potential winners will be notified using the email address associated with the Devpost account used to enter the Submission (the submitter is the “Representative” in the case of a Team or Organization). In order to receive a Prize, the potential winner (including all participating team members in the case of a Team or Organization) will be required to sign and return to Sponsor, affidavit(s) of eligibility (or a similar verification document) and any applicable tax forms (“Required Forms”).

Deadline to submit Required Forms is five (5) business days after the Required Forms are sent.

C. Disqualification: Sponsor may deem a potential winner (or participating team members) ineligible to win if:

(i) the potential winner’s Representative or any participating member does not respond to any notifications or fails to sign and return the Required Forms by the deadline listed above, or responds and rejects the Prize;

(ii) the Prize or Prize notification is returned as undeliverable; or

(iii) the Submission or the potential winner, or any member of a potential winner’s Team or Organization, is disqualified for any other reason, at Sponsor’s sole discretion.

In the event of a disqualification, Sponsor may award the applicable Prize to an alternate potential winner, at its sole discretion.

9. PRIZE DISTRIBUTION

A. Substitutions & Changes: Sponsor has the right to make a Prize substitution of equivalent or greater value. Sponsor will not award a Prize if there are no eligible Submissions entered in the Contest, or if there is no eligible Maker or Submissions for a specific Prize.

B. Prize Delivery: Prizes will be payable to the Maker, if an individual, to the Maker’s Representative, if a Team, or to the Organization, if the Maker is an Organization. It will be the responsibility of the winning Maker’s Representative to allocate the prize among their Team or Organization’s participating members, as the Representative deems appropriate. Prizes are payable by any means of the Sponsor’s choosing and are payable only after receipt and verification of the Required Forms. A winner may be required to provide a mailing address, bank information, and/or create an account with an electronic payment provider of Sponsor’s choosing in order to receive payment.

Failure to provide correct information on the Required Forms, or other correct information required for the delivery of a Prize, may result in delayed Prize delivery, disqualification of the Maker, or forfeiture of a Prize.

C. Prize Delivery Timeframe: Within sixty (60) business days of Sponsor’s receipt of the Required Forms and verification of winner’s eligibility under the Official Rules.

D. Fees & Taxes: Winners (and in the case of Team or Organization, all participating members) are responsible for any fees associated with receiving or using a prize, including but not limited to, wiring fees. Winners (and in the case of Team or Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9 and residents of other countries are required to provide a completed W-8BEN form (or similar form, as applicable). Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant government departments/agencies, if necessary. 

SPONSOR RESERVES THE RIGHT TO WITHHOLD A PORTION OF THE PRIZE AMOUNT TO COMPLY WITH THE TAX LAWS OF THE UNITED STATES OR OTHER JURISDICTION, OR THOSE OF A WINNER’S JURISDICTION, AS REQUIRED BY APPLICABLE LAWS AND REGULATIONS.

10. ENTRY CONDITIONS AND RELEASE

A. By entering the Contest, you (and, if you are entering on behalf of a Team or Organization each participating members) agree(s) to the following:

(i) For all purposes under these Official Rules, you will act as an independent contractor, and under no circumstances will these Official Rules be construed as one of agency, partnership, joint venture or employment between you and Sponsor.

(ii) You will be bound by and comply with these Official Rules and the decisions of Sponsor, which are binding and final in all matters relating to the Contest.

(iii) You release, indemnify, defend and hold harmless Sponsor and its Affiliates, and any other Organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Maker’s entry, creation of Submission or entry of a Submission, participation in the Contest, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules.

B. Without limiting the foregoing, the Released Parties shall have no liability in connection with:

(i) any incorrect or inaccurate information, whether caused by Sponsor’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Contest;

(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Contest Website;

(iii) unauthorized human intervention in any part of the entry process or the Contest;

(iv) technical or human error which may occur in the administration of the Contest or the processing of Submissions; or

(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Maker’s participation in the Contest or receipt or use or misuse of any Prize.

The Released Parties are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Maker. Proof of Submission attempts will not be deemed to be proof of receipt by Sponsor.

if for any reason any Maker’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Maker’s sole remedy is to request the opportunity to resubmit its Submission. Such a request must be made promptly after the Maker knows or should have known there was a problem, and will be determined at the sole discretion of Sponsor.

11. PUBLICITY

By participating in the Contest, you consent to the use of some information about you and your company, by Sponsor, and third parties acting on their behalf. Such information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments, company name, and company logo. This information may be used in any existing or newly created media, worldwide, without further payment or consideration or right of review, unless prohibited by law, for the purpose of Sponsor’s promotional activities. This publicity release applies, as applicable, to all members of a Maker’s Team and Organization that participate in the Contest.

12. GENERAL CONDITIONS

A. Sponsor reserves the right, in its sole discretion, to cancel, suspend and/or modify the Contest, or any part of it, at any time.

B. Sponsor reserves the right in its sole discretion to disqualify any individual or Maker it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Contest, or a violation of any applicable law or regulation.

C. Any attempt by any person to undermine the proper conduct of the Contest may be a violation of criminal and civil law. Should Sponsor suspect that such an attempt has been made or is threatened, Sponsor reserves the right to take appropriate action including but not limited to requiring a Maker to cooperate with any investigation and referral to criminal and civil law enforcement authorities.

D. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Contest materials, including but not limited to the Contest Submission form, Contest Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of these Official Rules shall prevail.

E. The terms and conditions of these Official Rules are subject to change at any time, including the rights or obligations of the Maker and Sponsor. Sponsor will post the terms and conditions of the amended Official Rules on the Contest Website. To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.

F. If at any time prior to the deadline, the Maker believes that any section of these Official Rules is or may be unclear or ambiguous, they must submit a written request for clarification to mneidhart@hubspot.com.

G. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Maker, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects Sponsor’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.

H. Excluding Submissions, all intellectual property related to this Contest, including but not limited to copyrighted material, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned by or used under a license by Sponsor. All rights are reserved. Unauthorized copying or use of any intellectual property without the express written consent of its owners is strictly prohibited. 

13. LIMITATIONS OF LIABILITY

By entering, Maker (including, in the case of a Team or Organization, all participating members) agrees to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes or Maker’s participation in the Contest. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or bodily injury shall not be applicable in jurisdictions where such limitation is not legal.

IN NO EVENT WILL SPONSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND, OR FOR LOST PROFITS, DATA OR BUSINESS, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

14. DISPUTES

A. Under no circumstances will Maker be permitted to obtain awards for, and Makerhereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Maker’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and Maker further waives all rights to have damages multiplied or increased.

B. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Maker and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Massachusetts, U.S.A without regard to conflict of law rules. Maker consents to the exclusive jurisdiction and venue of the courts in Boston, Massachusetts, U.S.A for all disputes arising out of or relating to these Official Rules.

15. ADDITIONAL TERMS 

Participation in the Contest constitutes Maker’s full and unconditional agreement to these Official Rules. By entering, Maker agrees that all decisions related to the Contest that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of Sponsor.

Sponsor collects personal information from you when you enter the Contest. The information collected is subject to the Sponsor’s privacy policy located at https://legal.hubspot.com/privacy-policy. If you have any questions about Sponsor’s privacy policy, please send an email to privacy@hubspot.com.

16. CONTACT

If you have any questions or comments, or wish to send us any notice regarding this Contest, please email us at mneidhart@hubspot.com. If you’re having difficulty accessing the Contest Website, please send an email to support@devpost.com.