Independent Propeller Awards at SXSW ScreenBurn Official Rules
NO PURCHASE NECESSARY TO ENTER.
1. Contest Period/Sponsor: The "Independent Propeller Awards at SXSW ScreenBurn" (the "Contest") begins at 12:00:01 AM Eastern Standard Time ("EST") on December 1, 2010 ("Start Date") and ends at 11:59 PM EST on March 13, 2011. The time to submit entries begins on the Start Date and ends at 11:59 PM EST on February 18, 2011 (the "Contest Entry Period"). The sponsor of this Contest is Zoo Publishing, Inc. (the "Sponsor"), 3805 Edwards Road, Suite 400, Cincinnati, Ohio.
4. Requirements for Entry: ENTRIES MUST BE SUBMITTED BY AN INDIVIDUAL. However, GAMES CAN BE CREATED BY TEAMS. If an Entry was created by more than one individual it is the Entrant's responsibility to obtain written permission from any third party involved in the development or creation of the Game, including any music or other elements incorporated into the Game ("Third Party Creators") and to provide Sponsor with information regarding Third Party Creator(s), if any. Sponsor will require from potential winners written documentation evidencing permission from all Third Party Creators that they individually and collectively grant the rights to the Game granted herein. Sponsor will provide credit on the Game Website to Third Party Creators solely as provided by Entrant, but any prize awarded will be awarded only to the Entrant.
Entrant represents and warrants that: (i) the Game, and all elements thereof, is original with entrant and is not copied from any other work or, to the extent that pre-existing source code is incorporated into the Game, contains only source code that does not infringe on any third party rights and conforms to all applicable licensing and use terms and which is clearly identified in the Game Description as coming from another source, and/or to the extent any elements were created by a third party ("Third Party Creators"), entrant has received written permission from all Third Party Creators to enter the Game in the Contest and to grant the rights granted to Sponsor herein, as set forth herein; (ii) the Game does not infringe upon the rights of any third party; (iii) the Game is free and clear of any liens, conflicting contractual rights or other claims with respect to the use of the Game, or any elements thereof, in the manner authorized herein, (including, but not limited to the right to record and/or publish the Game); (iii) use of the Game by the Contest Entities as granted herein will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals, (iv) the Game is not and will not be defamatory, trade libelous, pornographic or obscene, and (v) the Game has not been previously sold or licensed to any third party and is not actively under consideration to be published or disseminated for sale to the general public on platforms other than PC.
Entries must be suitable for all audiences and must comply with the following
5. Ownership/Use of Entries: Entrants retain ownership of the Games they submit, however, by entering you, on behalf of yourself and any Third Party Creators, grant Contest Entities the perpetual, fully-paid, irrevocable, non-exclusive license to display, exhibit, modify for use on our websites, transmit, the Games in any manner, form, or format now or hereinafter created, including on the internet, and for the purpose, of the Contest Entities and the Contest Entities' goods and/or services limited to, the hosting of the games on the site, advertising or promotion of the Contest and the Contest Website without further consent from or payment to you, Third Party Creators or any other third parties. Sponsor reserves the right to post the Games on the Sponsor's Contest Website but Sponsor has no obligation to post or publish your Game and any such publication or postings will be in Sponsor's sole discretion. In addition, by submitting a Game, Entrants acknowledge that, by acceptance of an Entry, Contest Entities, do not waive any rights to use similar or related ideas that might be contained in a Game which was previously known to Sponsor, or developed by its employees, or obtained from sources other than Entrant. In the event of any dispute or potential dispute regarding the Entry or Entrant, Third Party Creators, or any third party, the Entry may be disqualified in Sponsors' sole discretion. Any Game might be posted on the Contest Website in Sponsor's discretion at any time during the Contest and until the winners are announced; such posting does not reflect the Entry's ranking in the Contest.
6. Prizes: There will be five winners. One (1) Grand Prize Winner will receive $50,000 and a publishing deal. The terms of the publishing deal will be negotiated between the Sponsor and Entrant upon winning. If no deal is mutually agreed upon, the entrant will receive the prize money only. Four (4) Public Recognition Winners will each receive a $25,000 prize in one of the following categories: (i) Technical Excellence; (ii) Art; (iii) Audio; and (iv) Design. All federal, state and local taxes on prize are the sole responsibility of the winners. The Sponsor will issue and file an IRS form 1099 in the name of the winners for the total prize value. Prizes are non-transferable.
7. Winner Selection:
Grand Prize Winner: A panel of judges will select the Grand Prize Winner based on the following criteria: (1) artistic style (2) console appeal, (3) game play, (4) sound and (5) originality ("Grand Prize Judging Factors").
All Entrants are subject to verification of rights and eligibility, as set forth herein, and are subject to the Official Rules even if they have been announced as winners.
The Sponsor reserves the right, in its sole discretion, at any time and at any stage of the Contest Entry Period, judging process or voting, to reject or disqualify any Entry or Voter or votes that are deemed ineligible or for any reason that the Sponsor feels is necessary and/or appropriate. The posting of an Entry does not guarantee advancement to the judging or voting process or eligibility.
Public Recognition Winner: A panel of judges will select the five (4) Public Recognition Winners in one of the following categories: (i) Technical Excellence; (ii) Art; (iii) Audio; and (iv) Design.
8. Winner Notification: The Entrants and their Entries shall be subject to verification and the requirements of these Official Rules. Sponsor will notify winning Entrants by e-mail, phone and/or postal mail. All winners (and their parents/legal guardians, if winning Entrants are minors as determined by the state in which they reside ("minors")) will be required to execute an affidavit of eligibility, liability release, publicity release and license (collectively, "Affidavit of Eligibility Release and License") and ALL Third Party Creators (and their parents/legal guardians, if any such Third Party Creators are minors) will be required to execute a liability release, publicity release and license (collectively, "Release and License"). The Grand Prize Winner will be required to execute an agreement giving the Sponsor rights of first negotiation and last match to convert the Grand Prize Winner into a commercial quality game playable on one or more platforms of the Sponsors choosing. If a potential Winner does not respond to the Winner notification email which will be sent to the email address on file for the potential Winner's Entry and which will be sent four (4) times over a four (4) day period, or if said emails are undeliverable, or if a notification phone call is not returned within four (4) days or if potential winning Entrant and/or any Third Party Creators do not return the required documentation within ten (10) days of the date of notification, or if an Entry is found to be ineligible for any reason, the potential winning Entrant will be disqualified and will forfeit the opportunity to be eligible for any prize.
Sponsor reserves the right to disqualify any Entrant for any reason, including without limitation, if that Entrant has not complied with these Official Rules or has interfered, in Sponsor's sole opinion, with the proper conduct of this Contest. By entering this Contest, unless prohibited by law, each Entrant grants (and on behalf of any Third Party Creators grants to Sponsor the right to use, display, distribute or publish such Entrant's name, likeness, photograph, voice, address (city and state), biographical information, and any material based thereon or derived therefrom, and his/her Entry or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, anywhere in the world in perpetuity in connection with this Contest without limitation or compensation and without additional notice. Acceptance of a Prize constitutes a waiver, on behalf of all Entrants and all Third Party Creators of any claims to compensation, royalties, or other remuneration for all uses of the Entry by Sponsor or its agents that are permitted or granted hereunder.
9. General Conditions: Contest is void where prohibited by law. By entering, entrants (and their parents or legal guardians if entrants are minors) agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrant's rights, and obligations, or the rights and obligations of the Sponsor in connection with this Contest, will be governed by, and construed in accordance with, the laws of the State of New York, United States of America, without giving effect to any choice of law or conflict of law rules. Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of this Contest, including without limitation barring entrants who do not comply with these Official Rules. By entering, entrants consent to the jurisdiction and venue of the federal, state, and local courts located in New York County, New York, United States of America.
By participating, Entrants and Third Party Creators (and their parents or legal guardians if entrants are minors) agree to be bound by these Official Rules and the decisions of the Sponsor and its judges, which shall be final in all respects. By participating in this Contest and/or by accepting any prize that they may win, Entrants, Third Party Creators (and their parents or legal guardians if entrants are minors) agree to release Contest Entities, and their respective parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers; and each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from or in connection with participation in this Contest and/or acceptance or use of any awarded Prize. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or documents, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by any prize or resulting from the acceptance, possession or use of such prize, or from participation in the Contest; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest. The Contest Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, and reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Contest Sponsor's control, or otherwise, corrupt the administration, security or proper play of the Contest. In such event, Sponsor may in its discretion post notice on the Contest Website and implement an alternative means for awarding the prizes. The Contest Sponsor may prohibit any Entrant or Voter from participating in the Contest or winning a prize if, in its sole discretion, it determines an Entrant or Voter is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Creators or the Contest Sponsor representatives. The Sponsor reserves the right in its sole discretion to suspend, modify or terminate this Contest in any manner it deems necessary and reasonable. The Sponsor shall not be responsible if this Contest cannot be implemented or if a prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT AND THIRD PARTY CREATORS (AND THEIR PARENTS OR LEGAL GUARDIANS IF MINORS) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT OR THIRD PARTY CREATORS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
By participating in the preparation of an Entry, all Third Party Creators are deemed to make the representations and agreements set forth in these Official Rules and may be required to execute documents to that effect before an Entry may be entitled to be eligible as an Entry and/or receive any prize. Should any Third Party Creator fail to comply with the Official Rules or in the event of any dispute between the Entrant and any Third Party Creators regarding any aspect of the Contest, Sponsor reserves the right to disqualify the Entry.
11. PRIZE WINNER LIST: For a copy of these Official Rules, (or the name of the Grand Prize Winners available after March 30, 2011), mail a self-addressed, stamped envelope to: "Independent Propeller Awards at SXSW ScreenBurn" Winner's List or Rules, Zoo Publishing, Inc., 3805 Edwards Road, Suite 400, Cincinnati, OH 45209. (VT residents may omit return postage from Rules requests). Requests must be received by April 30, 2011.
2012 Independent Propeller Awards
Deity (Double++) - Grand Prize Winner
The Bridge (Taylor & Castaneda) - Best Art
The Red Solstice (IronWard) - Best Audio
FYI (Digital Dreams) - Best Design
Nitronic Rush (Team Nitronic) - Technical Excellence
CreaVures (Muse Games) - Mobile