RULES

  1. 1. ELIGIBILITY: The 2013 Kill Screen CREATE Contest (the "Contest") is open to game developers 13 years or above who are not employees of Kill Screen Media, Inc., ("Sponsor") or any affiliate or subsidiary of Sponsor, any of its advertising or promotional agencies, any provider of any prize offered in this Contest or any business or entity involved in the development, production, implementation, administration or fulfillment of this Contest (collectively, the "Contest Parties"), and the immediate family members of any of the above (meaning spouses, parents, siblings and children living in the same household) and/or those living in the same household (whether related or not).
  2. 2. CONTEST PERIOD: CREATE (the "Contest") will run on the web from 12:00:01 am January 14 2013 until 11:59:59 pm PT on February 11, 2013 (the "Contest Period"). Each developer or individual entity ("Entrant") who enters the Contest agrees to abide these Official Contest Rules (the "Rules").
  3. 3. HOW TO ENTER:
    • a. Submit the following materials prior to 11:59:59 pm PT on January 23, 2013 (each a "Submission"):
      • i. A complete official entry form, located at http://www.killscreendaily.com/create/enter.html, and including the items below ("Registration Form").
      • ii. A working digital copy of the submitted game prototype ("Prototype"), submitted via the Registration Form.
      • iii. A video trailer of the game hosted on http://www.YouTube.com, submitted via the Registration Form.
    • b. Your Submission(s) will be rejected if (in the sole discretion of the Sponsor): (a) the Registration Form is not fully completed and submitted during the Contest period; (b) the Prototype does not conform to the specific Guidelines and Restrictions listed below; and/or (c) you fail to post a video trailer.
  4. 4. GUIDELINES AND RESTRICTIONS:
    • a. The Submission must conform to the following requirements (the "Guidelines and Restrictions") (all as determined by the Sponsor, which reserves the right to reject any Submission in its sole and absolute discretion):
      • i. The Prototype portion of the Submission must be in a playable .apk format and must not exceed 750 megabytes in size.
      • ii. The Prototype must have been created by an independent developer or independent development team and cannot have been submitted previously in a promotion of any kind or made commercially available (including free ad-supported formats) on any platform, or submitted to a crowdsourcing service, prior to Contest.
      • iii. The Prototype must have been created between January 7, 2013, and January 23, 2013.
      • iv. The Prototype must run on OUYA, using the OUYA Development Kit (ODK), available at http://devs.ouya.tv.
      • v. The Prototype must not use any third party game engines, middleware, or other software or technology unless the Entrant has all necessary rights to commercially publish the game and make such third party game engines available via the OUYA platform.
      • vi. Entrant must have obtained the written permission of all persons or entities having any rights in any portion of the Submission.
      • vii. Updates are not permitted to Prototypes once they have been submitted.
      • viii. No portion of the Submission shall contain any of the following: sexually explicit materials; promotion of real-life violence; promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotion of other illegal activities; material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement or trade-mark infringement.
      • ix. The Submission must not contain brand names or trade-marks other than Sponsor's marks, which Entrant has a limited license to use for the sole purpose of creating and uploading a Prototype in this Contest,
      • x. The Submission must not contain material that Sponsor deems to be inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous.
    • b. THE DECISION REGARDING THE APPROPRIATENESS OF THE CONTENT OF ALL SUBMISSIONS SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. THE RELEASEES (AS DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR SUBMISSION(S) (OR ANY COMPONENT THEREOF) BY, OR ON BEHALF OF, THE SPONSOR. THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS, INDEMNIFIED, AND DEFENDED BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
    • c. By entering the Contest and submitting a Submission, each Entrant: (i) grants to the Sponsor and to OUYA, in perpetuity, a non-exclusive license to display, reproduce, or otherwise use his/her Submission, in whole or in part, for advertising or promoting the Contest or OUYA; (ii) waives all moral rights in and to his/her Submission in favor of the Sponsor to the fullest extent permitted by law; and (iii) agrees to release and hold harmless the Releasees (defined below) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Submission.
  5. 5. CONTEST PROCESS:
    • a. Games will be evaluated by a team of game design professionals, journalists, and other individuals familiar with the world of video games, (the "Judges"), and grand prize finalists will be evaluated by a team of grand prize judges (the "Grand Prize Judges") selected by Sponsor in accordance with the following process:
    • b. Beginning January 23rd, Judges will review all submissions, evaluating games on their quality, public awareness, successful use of the OUYA platform, and adherence to all Guidelines and Restrictions and eligibility for the following categories:
      • i. CREATE Grand Prize ($20,000): Each of 10 finalists will be ranked by the Grand Prize Judges. The finalist receiving the highest aggregate score will receive the CREATE Grand Prize, for the game demonstrating the most overall excellence.
      • ii. CREATE "Four Bright Buttons and Two Joysticks Award" ($5,000): One (1) finalist shall be selected for the game demonstrating the best controls.
      • iii. CREATE "Most Surprising Award" ($5,000): One (1) finalist shall be selected for the game that does something new and unexpected.
      • iv. CREATE "Most Immersive Award" (5,000): One (1) finalist shall be selected for the best demonstration of how a game feels in your living room, instead of your pocket.
      • v. CREATE "Pop Your Eyes Out Award" ($5,000): One (1) finalist shall be selected for the game that astounds visually.
      • vi. CREATE "Best Couch With Friends Award" ($5,000): One (1) finalist shall be selected for the game that makes us most nostalgic for the days of all-nighters and Goldeneye in our friend's basement.
      • vii. CREATE "Unity Award" ($2,500): One (1) finalist shall be selected for the best game using the Unity engine.
    • c. Games will first be evaluated for the category prizes, and then the Grand Prize Judges will convene to judge the CREATE Grand Prize. In the event that the CREATE Grand Prize winner has already been selected for one of the category prizes, the runner-up in that category will receive the category prize.
  6. 6. WINNER REQUIREMENTS:
    • a. Upon being selected as a potential winner of a Prize, each selected potential Winner must: confirm compliance with these Rules, provide proof that the potential winner owns or has pre-ordered an OUYA Console (deliverable upon product release) and purchasable at http://www.ouya.tv/ for use as a dev console in delivering a finished game; intend to make a formal release of the finished game on the OUYA console; and, if the potential winner is under the age of 18, also provide written consent of the potential winner's parent or legal guardian.
    • b. There will be a $5,000 bonus for the CREATE Grand Prize winner, and a $1,000 bonus for all other CREATE category prize winners who complete the game and launch it on OUYA within 12 months of the first consumer shipment of OUYA.
    • c. If a selected potential winner: (i) cannot be contacted within a maximum of three (3) attempts or cannot satisfy or comply with any of these requirements for any reason; then he/she will forfeit all rights to a Prize and Sponsor shall, in its sole and absolute discretion, select an alternate winner.
  7. 7. PRIZE TERMS: All monetary amounts are in US Dollars. Any responsibility for taxes or transfer fees will be solely at the expense of the Winner.
  8. 8. ENTRANT REPRESENTATIONS AND RELEASE:
    • a. By entering the Contest, each Entrant releases and agrees to defend, indemnify, and hold harmless Sponsor, OUYA, and its and their affiliates, directors, employees, and officers, (the "Releasees") from any and all responsibility or liability arising out of or relating to: (i) any personal injury, death, property (including computer) damage, or other loss or claim of any kind arising from or in connection with any violation of these Official Rules; the Contest or any Prototype; the acceptance, possession, or use of any prize; or any travel required by the Contest; (ii) any entry or other materials that have been tampered with, that are misdirected, incomplete, incorrect, non-conforming, corrupt, lost, late, or ineligible; and (iii) computer, telephone, cable, satellite, network, hardware, software, or other technical malfunctions or failures; garbled or jumbled transmissions; Internet or website inaccessibility or delays; printing or typographical errors in any Contest materials; or any other technical or human errors occurring in connection with the Contest.
    • b. By entering the Contest, each Entrant consents to the use of the Entrant's name, photograph and likeness (if an individual), logo (if any), state and nation of residence, and Submission for advertising, promotion, marketing, and administration of the Contest and/or of OUYA without additional compensation, to the extent permitted by law. Each entrant further agrees that Sponsor and OUYA may use any and all information collected through the Contest, including the Entrant's name and contact information, for marketing or other purposes whether or not related to the Contest, to the extent permitted by law and Sponsor's privacy policy, which may be found at http://www.killscreendaily.com/pages/privacy-policy/.
    • c. By entering the Contest, each individual submitting entry materials (including a Game) represents and warrants to Sponsor that:
      • i. such individual either is the Entrant (if the Entrant is an individual) or is a fully authorized representative of the Entrant (if the Entrant is a business entity);
      • ii. the Entrant and the Submission fully comply with all eligibility requirements and all other provisions of these Official Rules;
      • iii. in preparing the Submission and entering and participating in the Contest, the Entrant has complied and will comply in all respects with all applicable laws, regulations, and rules and has not violated nor will violate any agreement or understanding by which it is bound, including any confidentiality, employment, consulting, intellectual property assignment, or license agreement;
      • iv. the Prototype consists entirely of Entrant's own original work or of work to which Entrant has all necessary rights; and
      • v. neither the Prototype nor the duplication, use, display, performance, or distribution of the Prototype will infringe or misappropriate any intellectual property or other proprietary rights of any person or entity.
    • d. The Releasees are not responsible for and shall not be liable for: (a) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, Internet Service Provider (ISP) or other connection availability, server malfunction, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions or any human, mechanical or technical or electronic error which may occur in the collection and processing of Submissions and/or votes; (b) failed, incomplete, garbled or delayed computer transmissions; (c) lost, late, misdirected or incomplete Submissions, votes or personal information or mail; or (d) any condition caused by events that may cause the Contest to be disrupted or corrupted, regardless of the reason. Sponsor is not responsible for injury or damage to participants' or any other person's computer or property related to or resulting from participating in this Contest.
    • e. Sponsor reserves the right, at its sole discretion, to cancel, amend or suspend the Contest or any portion thereof (including, without limitation, amending these Rules) should viruses, bugs, technical difficulties, suspected or actual electronic tampering, or other causes corrupt the administration, security, integrity or proper play of the Contest. In the event of cancellation or suspension, prizes will be awarded based on all eligible Submissions legitimately received immediately prior to the event(s) causing the termination or suspension.
    • f. Contest, including construction, validity, interpretation and enforceability of these Rules shall be: (i) governed by the laws of the State of New York without regard to choice of law or conflict of law principles (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York; (ii) any dispute, claims and causes of action arising out of or connected in any way with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and brought exclusively in a federal or state court in the city of New York, borough of Manhattan; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iv) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, 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.
    • g. Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant or Submission(s) with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.
    • h. In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Rules shall prevail, govern and control.
    • i. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be deemed modified or eliminated to the extent necessary, in the court's opinion, to make it enforceable while preserving the original intent of Kill Screen, and the remaining parts of these Official Rules will remain in full force and effect. The Contest will be governed by, and these Official Rules will be interpreted by, and enforced in accordance with, the laws of the State of New York and applicable United States federal law, without regard to any conflicts of laws principles. The Contest is void where prohibited by law. Any dispute arising out of or relating to these Official Rules, the Contest, or any prize must be brought exclusively in the state or federal courts located in New York, New York, and Kill Screen and each Entrant irrevocably waive any objection to the venue and jurisdiction thereof. VOID IN QUEBEC, PUERTO RICO AND WHERE OTHERWISE PROHIBITED.
  9. 9. SPONSOR: Kill Screen Media, Inc., 10 Jay St., Unit 308 Brooklyn, NY 11201
  10. 10. WINNERS LIST: For the name of the Winners, which will be available after March 1st, 2013, check the Contest Website or send a stamped, self-addressed envelope to:
    Kill Screen Media, Inc.
    CREATE Contest
    10 Jay St., Unit 308
    Brooklyn, NY 11201

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If you have questions, please email create@killscreendaily.com