Game Jam Contest Rules
THE 2019 COOLMATH GAME JAM CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The Coolmath Game Jam Contest (“Contest”) is open to individuals who are legal residents of the 50 United States and the District of Columbia who are at least thirteen (13) years of age. Entrants who are minors in their state of residency must have a parent or guardian consent to entry into this contest by providing an electronic signature at the time of entry. Employees of Coolmath.com LLC (“Sponsor”) and its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies (collectively “Sponsor Entities”), and their immediate families and household members are not eligible to enter or win. For purposes of this Contest, “immediate families” means parents, grandparents, children, grandchildren, and siblings.
2. TO ENTER: To enter the Contest, you must submit a link to a video game relating to the theme “Use Your Head,” (the “Submission”) following the Submission Guidelines and Restrictions below, along with your name, email address, and parent or guardian’s electronic signature (if you’re a minor) using the Submission form at https://www.coolmathgames.com/game-jam/submit (each an “Entry”). Entries will only be accepted between February 4, 2019 at 12:01am PST and March 4, 2019 at 11:59pm PST (the “Promotion Period”). Only one (1) entry per person. If a Submission was created by more than one person (a “Team”), the authors shall select one (1) individual to submit the Entry in his or her name on behalf of the Team and to receive any awarded Prize on behalf of the Team (the “Team Contact”), but all individuals in the Team, or their parent or guardian if a minor, must consent to entry of the Submission and agree to these Official Rules. Once an Entry has been submitted, entrants will not be permitted under any circumstances to alter, substitute, and/or create a new version of their Submissions, and violation of this term may result in disqualification of the entrant and the Entry.
Entries that are lost, late, misdirected, illegible, incompletely received, or incomplete, for any reason, will not be eligible and are not the responsibility of the Sponsor. Proof of sending will not be deemed to be proof of receipt. All entries become the property of Sponsor. In the event of a dispute as to owner of any entry, the authorized account holder of the e-mail address used to register will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned the e-mail address by Sponsor. Each entrant may be required to show proof of being an authorized account holder.
Submission Guidelines and Restrictions:
- The Submission must be provided through a link to the game which is hosted on a third party website;
- The Submission must be HTML5;
- The Submission must be 800x600 pixels or smaller; and
- If open source software is used, all proper attributions must be made as required by the open source licensor.
- If a Submission was created by a Team, all individuals in the Team must agree to submit the Submission and enter the Contest and abide by the Official Rules at the time of Entry. All individuals in the Team will be required to sign an Affidavit of Eligibility, Publicity and Liability Release and Prize Acceptance Form (except where prohibited by law) before any prize will be awarded.
Submission Content Restrictions:
- Submissions should use the following theme in some way: “Use Your Head” (the “Theme”);
- Your game must be your original work, and can’t be published anywhere else;
- Submissions must not contain links to third-party websites;
- Submissions must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes infringement;
- Submissions must be original work created by the entrant or the Team and must not contain content created by a third party, such as images or artwork, other than appropriately credited open-source software;
- Submissions must not contain brand names or trademarks;
- Submissions must not contain any confidential, proprietary, or trade secret information;
- Submissions must not disparage Sponsor or any other person or party affiliated with the Contest;
- Submissions must be in English language;
- Submissions previously submitted in other contests are not eligible for entry in this Contest’
- Submissions must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, derogatory, or libelous;
- Submissions must be appropriate for a general audience and must not contain graphic violence or profanity;
- Submissions must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
- Submissions must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where the Submission is created.
Sponsor reserves the right in its sole discretion to disqualify any Submission that violates Content Restrictions or that otherwise does not comply with the requirements of these Official Rules. Sponsor reserves the right to remove entries that violate the Submission Guidelines and Restrictions or for which a valid DMCA notice or other infringement claim is received.
3. LICENSE: Each entrant represents and warrants that it is the author and owner of the Submission and has all rights in the Submission, and that Sponsor’s use of the Submission as contemplated in these Official Rules requires no additional permissions, including without limitation those relating to the copyright, patent, trademark/trade dress, rights of publicity or moral rights in the Submission. Submitting a Submission constitutes entrant’s consent to give Sponsor Entities a royalty-free, irrevocable, perpetual, non-exclusive, transferable license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, or technology now known or later developed, for promotional or marketing purposes, including but not limited to making the Submission available for game play. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Each entrant also irrevocably waives any and all so-called moral rights they may have in the Submission. Each entrant further agrees to defend, indemnify and hold harmless Sponsor Entities from and against any claims, lawsuits, liabilities or expenses (including attorney’s fees) arising out of or related to that entrant’s Submission or violation by entrant of these Official Rules.
4. PRIZES: Four (4) Finalist prizes will be awarded each consisting of a check in the amount of Five Hundred United States Dollars ($500 USD) and one (1) grand prize will be awarded consisting of a check in the amount of One Thousand Five Hundred United States Dollars ($1500 USD) (collectively, the “Prizes”). The Prizes will be delivered only to verified winners. There is no substitution for a Prize or any portion of a Prize, except Sponsor who reserves the right, in its sole discretion, to substitute a prize or portion of prize of comparable value. All Prize details are at Sponsor’s sole discretion. Incidental expenses and all other costs and expenses which are not specifically listed as part of a Prize in these Official Rules and which may be associated with the award, acceptance, receipt, and use of all or any portion of the awarded Prize are solely the responsibility of the respective winners. All federal, state, and local taxes associated with the receipt or use of any Prize are solely the responsibility of the Winner. Any person winning $600 or more worth of prizes from Sponsor in a calendar year will receive an IRS form 1099 after the end of the calendar year in which the prizes were awarded, and copy of such form will be filed with the Internal Revenue Service (IRS). Where the recipient of a Prize is a minor in his or her state of residency, the Prize will be issued to the parent or guardian who electronically signed the entry form.
5. SELECTION AND NOTIFICATION OF WINNER:
Selection of Finalists
On or around March 5, 2019, a panel of judges consisting of Sponsor’s game team (“Judges”) will select five (5) finalists (each a “Finalist”) based on the following criteria in equal parts: fun factor; use of the Theme; game environment (how the visual and audio elements, if any, contribute to the gameplay); and usability (bugs or performance issues). In the event of a tie, fun factor will be used to determine the winner. All decisions of the Judges are final and binding on all entrants.
Finalists will be notified on or after March 5, 2019 by e-mail. Within three (3) business days of notification being sent, potential Finalists will be required to return a signed Affidavit of Eligibility, Publicity and Liability Release and Prize Acceptance Form (except where prohibited by law), and IRS W-9 form (“Prize Documentation”). Where the Finalist is a minor in his or her state of residency, the parent or guardian who signed the entry form will be required to complete and submit the Prize Documentation. Where the entry selected as a Finalist was a team effort, each member of the team must submit the Prize Documentation. Finalists must also provide the source code to Sponsor within three (3) business days of notification being sent. Failure of a Finalist to provide the Prize Documentation or source code within said time period, or any Prize notification that is returned as undeliverable, will result in said Finalist’s disqualification, the forfeiture of his or her interest in the Prize, and the selection of a substitute Finalist to be selected based on the criteria above from all remaining eligible entries. Finalists will be contacted using the e-mail address which was used to submit the Submission. If there is a dispute regarding the identity of an entrant, the Entry will be deemed submitted by the person in whose name the Entrant’s email account submitted with the Entry is registered (for team Entries that will be the email address for the Team Contact).
From approximately March 12, 2019 to March 25, 2019, (the “Voting Period”) the Submissions of the Finalists will be posted on Sponsor’s website for public voting based on overall appeal of the games. Sponsor reserves the right to change the dates of the Voting Period in its sole discretion. Finalists understand and agree that their Submissions will be made available for game play on Sponsor’s website during the Voting Period.
Selection of Grand Prize Winner
On or around March 26, 2019, the Judges will select one (1) Grand Prize Winner based on the following criteria in equal parts: fun factor; use of the Theme; game environment (how the visual and audio elements, if any, contribute to the gameplay); usability (bugs or performance issues); and public voting. In the event of a tie, fun factor will be used to determine the winner. All decisions of the Judges are final and binding on all entrants.
The Grand Prize Winner will be required to return an additional Affidavit of Eligibility, Publicity and Liability Release and Prize Acceptance Form (except where prohibited by law).
6. VOTING PERIOD: Voting is open to individuals of the 50 United States and the District of Columbia. Employees of Sponsor and Sponsor Entities are not eligible to vote. All federal, state, local and municipal laws and regulations apply. Voting is void where prohibited by law. To vote for a Finalist, voters must go to Sponsor’s website page at https://www.coolmathgames.com/game-jam. Only one (1) vote per person is permitted. The use of any agencies or automated software to submit votes will void all votes submitted by that person. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected votes, which will be disqualified.
7. APPLICABLE LAW AND JURISDICTION: This Contest is void where prohibited. This Contest is subject to all applicable federal, state, and local laws and regulations. Any dispute arising out of this Contest or the Prize shall be governed by the laws of the State of New York without regard to its choice law principles, and shall be subject to the exclusive jurisdiction of the state and federal courts in the State of New York. Entrants consent to the personal jurisdiction of said courts.
Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that any and all disputes and causes of action arising out of or connected with this Contest, or prize awarded, shall be resolved individually, without resort to any form of class action. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
8. WAIVERS AND RELEASES: By entering, entrants agree: (a) to be bound by these Official Rules and the decisions of Sponsor, which are final and binding; (b) to waive any right to claim ambiguity in the Contest or these Official Rules; (c) that they may be contacted in person, by phone, or by e-mail, with respect to the Contest; (d) that Sponsor, its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their respective officers, directors, shareholders, and employees (collectively “Releasees”) are not responsible for lost, damaged, or misplaced entries, incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to entrant’s or any other person's computer related to or resulting from participation in this Contest, or for any injury to person or property; and (e) that the Releasees will not be liable for losses or injuries of any kind resulting from acceptance/possession/use and/or misuse of the Prize, travel to and from any prize-related activity, participation in the Contest, or printing, mailing or distribution errors. Each Winner further acknowledges that Sponsor does not make any warranties, express or implied, relating to the Prize itself and that Sponsor expressly disclaims the implied warranties or merchantability and fitness for a particular use.
9. PUBLICITY: Unless prohibited by law, entry into the Contest constitutes permission for the Releasees to use that entrant’s name, address (city and state), picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to the Contest in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law.
10. RIGHT TO VOID/TERMINATE/MODIFY: If for any reason the Contest is not capable of being executed as planned, or tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any suspect entry and to cancel, terminate, modify or suspend the Contest, and/or award the Prizes from among all eligible, non-suspect entries received as of the date of the termination, as Sponsor determines in its sole discretion. Entries not complying with these Official Rules are subject to disqualification.
12. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
13. TO RECEIVE WINNERS LIST OR OFFICIAL RULES: To request the names of the Winners (available after April 2, 2019) or a copy of these Official Rules, e-mail your request to firstname.lastname@example.org or mail your request, along with a self-addressed stamped envelope to:
Game Jam Administrator
122 East 42nd Street, Suite 1611
New York, NY 10168
Requests for a copy of these Official Rules received more than thirty (30) days after the Promotion Period will not be honored.
14. SPONSOR: The Sponsor of this Contest is Coolmath.com LLC, 122 East 42nd Street, Suite 1611, New York, NY 10168