The Evo TOs deal directly with the companies who make the games involved. Because Evo has in the past gotten deals with TV stations like G4, websites like IGN, and others.
It's a legal thing. They make plenty of money from Evo. They don't put games in without blessing from the publishers. MrWizard even mentioned in this podcast that he worked hard to get SNKP to allow KOF13, and they never returned his calls.
It's obviously a beneficial relationship for both parties. Capcom mentions Evo pretty heavily in all of their blogs, facebook, twitter and social media. They also sponsor players to come from Japan and Seth Killian (Capcom community PR person) is an organizer.
There are other ways games get in that have come up in the past that I won't go into.
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As for NR not giving Evo a demo, there are two reasons this shouldn't worry anyone.
First, the game has been playable at multiple conventions that Keits (lead editor of SRK), and other Evo organizers have attended. I would almost guarantee they've gotten hands on playtime with various builds of the game at E3, Pax, Comic-Con, and other events over the past six months.
Second, I know for a fact there is at least one high level SF player who is close to the 'in crowd' doing playtesting for NR on MK9. And it's a safe bet that they're getting good info from that person on whether the game will hold up to competitive play.
