2023 ZAPIER NO-CODE CONTEST OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST OR TO CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The 2023 Zapier No Code Contest (the “Contest”) begins at 12:01 a.m. PST on February 8, 2023 (the “Contest Start Date”) and ends at 11:59 p.m. PST March 8, 2023 (the “Contest End Date," and such period commencing on the Contest Start Date through the Contest End Date, the “Contest Period”). The Contest is sponsored by Zapier, Inc. (the “Sponsor”), and the Sponsor will fulfill prizes.
1. HOW TO ENTER:
a. Entering the Contest. To enter the Contest, submit an entry online at: https://zapier.com/blog/national-no-code-day during the Contest Period.
b. Terms of Entry. Participation in the Contest is voluntary and does not require you to purchase anything from the Sponsor. All entries must be received by the Contest End Date. Mechanically produced or reproduced entries will not be accepted. All entries become the property of the Sponsor and will not be returned. Submitted entries may not be acknowledged. Proof of submission of an entry does not constitute proof of receipt by the Sponsor.
2. PRIZE: There will be a total of four (4) winners of the Contest (the “Winners”), which will be selected by a panel of Zapier judges. Please review Section 6 below for additional details about how the Winner will be selected.
a. Prize. Each Winner will receive a prize package consisting of USD $5,000 to be provided via ACH transfer or other means in the sole discretion of Sponsor.
b. Other Prize Information/Terms. The total approximate retail value of all prizes is USD $20,000. Allow up to four (4) weeks after validation of arrangement to receive prize packages. There is no substitution, or transfer of any prize allowed. The Winners will be solely responsible for all other expenses not specifically set forth herein. The Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of any prize is permitted. The Sponsor is responsible only for prize delivery and not responsible for prize utility, quality, or otherwise. In order to receive a prize, each Winner may be required to provide proof of identification or eligibility. EACH WINNER MUST PROVIDE ALL TRUE, COMPLETE, AND ACCURATE INFORMATION REQUESTED BY THE SPONSOR TO FACILITATE PRIZE DELIVERY AND BEARS ALL RESPONSIBILITY IN CONNECTION THEREWITH. Each Winner must also submit an IRS Form W-9 prior to receiving any Prize. All federal, state, provincial, local, and other taxes, if any, on prizes, including income and/or sales taxes, are the sole responsibility of each Winner. All entrants agree that information provided by the Sponsor is not advice, including but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a tax professional.
3. ELIGIBILITY: The Contest is only open to legal residents of the United States and the District of Columbia (excluding Puerto Rico and all U.S. territories and possessions) who are at least 18 years old at the time of entry. Entries are limited to individuals only; commercial enterprises and business entities are themselves not eligible; provided, however, for the avoidance of doubt, individuals employed by commercial enterprises or business entities may enter the Contest so long as they meet the other eligibility requirements set forth herein. By participating in the Contest, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the Sponsor's decisions, and warrants that they are eligible to participate in the Contest. Failure to comply with either the terms and conditions in these Official Rules will result in disqualification and in such case, the Sponsor may select an alternate winner. Employees, independent contractors, officers, and directors of the Sponsor or Makerpad as well as their respective affiliates, subsidiaries, advertising, promotion, and fulfillment agencies (including TOP Agency/National Today), and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Contest. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state, and local laws and regulations. Entries submitted in connection with the Contest will only be eligible if the information submitted to the Sponsor during the entry process is not unlawful, hateful, or obscene, in the Sponsor’s sole discretion.
5. SELECTION OF THE WINNERS: Submitted entities will be evaluated based on criteria including: (a) use of no-code tools; (b) product innovation within the category; and (c) the ways this project is solving specific business issues and problems. On or around March 13 (the “Selection Date”), the Sponsor and/or a panel of judges selected by the Sponsor will review the Contest entries and select twelve (12) submissions; three (3) for each category (No-Code That’s Transforming Business, No-Code That’s Changing the World, No-Code That’s Empowering Small Businesses, and No-Code Featuring AI) to be finalists. For the avoidance of doubt, there is no prize for being selected as a finalist. These final twelve (12) entries will be presented to Wade Foster, co-founder and CEO of Zapier who will select the one (1) Winner for each of the four (4) categories. Each potential winner will be notified by mail, telephone, or email using the information provided by such potential winner during the entry process within five (5) days of the Selection Date. If a potential winner does not accept the prize within ten (10) business days of such notice, is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify a Winner. Each Winner agrees to use of their name, address, likeness, and/or prize information by the Sponsor and its affiliates for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, each Winner will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release.
6. CONDITIONS: The Sponsor and its agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; or (vi) any printing or typographical errors in any materials associated with the Contest. The Sponsor reserves the right, in its sole discretion, to suspend, modify, or cancel the Contest should any unauthorized human intervention or other causes beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. If proper administration of the Contest is prevented by such causes as contemplated above, the Sponsor will pick the Winners from all eligible, non-suspect entries received prior to such action. If there is a dispute about the identity of a Winner based on an email address, the winning entry will be deemed to be made by the authorized account holder of the email address at the time of entry. “Authorized account holder” is the natural person assigned an email address by an Internet service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. By participating in the Contest, participants and each Winner agree to release, discharge, and hold harmless the Released Entities and all others associated with the development and execution of the Contest, from all losses, damages, rights, claims, and actions of any kind arising out of or relating to the Contest, participation in the Contest, the prize, and/or acceptance, possession, use, or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of entrants or the Sponsor in connection with this Contest are governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) that would cause the application of any other state’s laws.
7. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering this Contest, you and the Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS YOU AND THE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution. The Sponsor is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the entrant’s satisfaction by emailing firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Notice to the Sponsor should be sent to Zapier, Inc., 548 Market St. #62411, San Francisco, CA 94104-5401; Attn: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and the Sponsor do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsor is entitled.
d. Arbitration Procedures. Any arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless you and the Sponsor agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, the Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, the Sponsor will pay all Arbitration Fees. If the value of the relief sought is more than $75,000 and you can demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Sponsor will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is $75,000 or less, the Sponsor will pay reasonable attorneys’ fees should you prevail. The Sponsor will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 7(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 7(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
8. WINNERS’ LIST: To obtain the first name, last initial, city, and state of each Winner after the Contest End Date, send a separate self-addressed, stamped envelope marked “2023 Zapier No Code Contest Winners’ List” to the Sponsor. Requests for the winners’ list must be received no later than ninety (90) days from the Drawing Date (residents of Vermont and Washington need not include return postage).
9. CONTEST SPONSOR:
548 Market St. #62411
San Francisco, CA 94104-5401
10. NOTICE: The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules, criminal, and/or civil law.
11. COPYRIGHT NOTICE. Copyright © 2023 Zapier, Inc. All rights reserved. Any trademarks in these Official Rules, including Zapier, Inc. and any associated logo, are used for prize identification purposes ONLY and are the properties of their respective owners.