GameMaker Awards 2021 – Terms & Conditions
Last updated: 11 May 2021
GameMaker Awards 2021 – Terms & Conditions
These terms and conditions (the ”Agreement”) constitute an agreement by and between you (the Developer (as defined below)) (“You”, “Your” or “Participant”, accordingly), and YoYo Games Ltd (“YYG”). This Agreement is supplemental to the YoYo Games User Agreement, entered into between You and YYG ( the “License Agreement”). In the event of any conflict or inconsistency between this Agreement and the License Agreement, this Agreement shall prevail with respect to the subject matter hereof. You and YYG may also be referred to herein individually as “Party” and collectively as the “Parties”.
Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the License Agreement.
- 1.1. “Developer” shall mean the entity or person who is a party to a valid License Agreement, pursuant to which it used the GameMaker Studio 2 to develop and create a Game. If more than one Developer wishes to participate in the Competition (as defined below), then all such Developers shall be deemed Participants for purposes of this Agreement, and shall be jointly and severally liable for all of the Participants obligations hereunder.
- 1.2. “Game” shall mean the game developed and created by the Developer, using the GameMaker Studio 2, and commercially published between April 1st 2020 and April 1st 2021 or an upcoming release currently in development in GameMaker Studio 2 with playable demo.
2. The Competition
YYG is holding a competition pursuant to which the Best Game and Most Anticipated Game shall be elected. Developers are required to nominate a Game to enter the competition, based on the participation criteria and competition rules set forth below, and YYG, along with the public’s vote, shall decide which is the Best Game and Most Anticipated Game based on originality, game playability, functionality, presentation, style, player experience and high quality execution (the “Competition”).
3. Participation criteria and Competition Rules
- 3.1. In order to enter the Competition, You must be a Developer and must complete the Entry Form .
- 3.2. In the Entry Form you have to submit the following details:
- 3.2.1. Name of the Game
- 3.2.2. Best Game or Most Anticipated Game nomination
- 3.2.3. Links to the commercial platform where the Game has been published for sale (if relevant).
- 3.2.4. Links to the Game’s press kit (if any).
- 3.2.5. Developer’s name.
- 3.2.6. A contact email address.
- 3.2.7. A YYG account user name.
- 3.3. Games that were not commercially published between April 1st 2020 until April 30th 2021, shall not be qualified as Games for the purposes of Best Game.
- 3.4. Each Participant must submit a nomination of the Game by 12pm, British Summer Time, May 31st 2021 (the “Closing Date”).
4. The Finalist Games and the Winner
- 4.1. Within 14 days following the Closing Date, the Panel (as defined below) shall choose five Best Games nominations and five Most Anticipated Games from all Games nominated, based on the following criteria (the “Shortlist” and the “Finalist Game(s)” respectively):
- 4.1.1. Originality of the Game concept and Game mechanics.
- 4.1.2. Implementation of the Game play.
- 4.1.3. Overall functionality, presentation, style, design, audio and artwork.
- 4.1.4. Player experience.
- 4.1.5. High quality execution.
- 4.1.6. Originality of the gameplay.
- 4.1.7. Anticipation and excitement pre-release.
- 4.2. The Developers of the Finalist Games (the “Finalist Games Developers”) shall be notified of the Shortlist within 14 days following the Closing Date, via email.
- 4.3. The Shortlist will also be announced on YYG’s social media channels, platforms and forums, including without limitation, Facebook, Twitter, and the forum, for an open public vote.
- 4.4. The winning Games of the Competition shall be determined by the public in the manner described below in section 4.5, and shall be the Games in the Shortlists that have received most of the public’s votes (the “Winning Games”). In the event of a tie, the Panel will have the casting vote.
- 4.5. The public will be able to vote in the following manner (the “Voting Procedure”):
- 4.5.1. A poll will be created by YYG by using Forms (the “Poll”)
- 4.5.2. YYG shall send out an email to all YYG newsletter subscribers with a link to the Poll.
- 4.5.3. A link to the Poll shall also be available in YYG social media channels and on YYG website www.yoyogames.com .
- 4.5.4. The public may participate in the Poll by pressing the link. For the avoidance of doubt, no personal data shall be obtained from any person during this process.
- 4.5.5. The public may cast its vote between June 15th and June 29th (the “Voting Period”).
- 4.5.6. YYG shall publish the results within 14 days from the end of the Voting Period.
- 4.6. Finalist Games Prize(s): Each Finalist Game Developers shall receive the following:
- 4.6.1. A Finalist logo created and developed by YYG, to be used in accordance with section 10 of this Agreement. The Finalist logos shall be in the shape of the GameMaker logo, featuring the word “Finalist”. For the avoidance of doubt, the Finalist logos shall be the same for all Finalist Game Developers and shall not be personalised.
- 4.6.2. 1 x Ultimate License which is a 12 month licence that supports export to all YYG platforms, namely, Desktop, Web, UWP, Mobile, XboxOne, PS4 & Nintendo Switch. For more information please refer to the following link: https://www.yoyogames.com/get
- 4.7. Winning Game Prize(s): The Developer of the Winning Game (the “Winner”) shall receive the following:
- 4.7.1. A Winner logo created and developed by YYG, to be used in accordance with section 10 of this Agreement. The Winner logo shall be in the shape of the GameMaker logo, featuring the word “Winner”. For the avoidance of doubt, the Winner logo shall not be personalised.
- 4.7.2. A promotional spot in Opera GX Corner for 14 days. Community spotlighting for both Opera and YYG. Promotional and PR opportunities with YYG and Opera.
- 4.7.3. A Winner’s trophy.
All prizes listed in sections 4.7 and 4.8 shall collectively be defined as “Prize(s)”.
- 4.8. The Winner and the Winning Game shall be announced in July, and the Winner shall be notified by email (“Prize Notification”).
- 4.9. All Prizes shall be (i) personal and non-transferable, and (ii) cannot be exchanged for cash, and no other alternatives will be offered.
- 4.10. In the event of any Prize being unavailable for any reason, YYG reserves the right to determine and substitute a prize of equal or greater value at any time, without notice.
- 4.11. In addition to the Prize Notification, we shall send a notification to all Participants about the results of the Competition.
- 4.12. Prizes must be accepted in the manner set out in the Prize Notification. In the event that any Prize Notification is returned as undeliverable or any Prize-winner fails to validly reply to a Prize Notification within six weeks following the Prize Notification, or rejects the Finalist Games Prize and/or the Winning Games Prize, YYG reserves the right to disqualify the Winner and its Winning Game and select the second best Game voted in accordance with the Voting Procedure explained above.
5. Judging Panel
- 5.1. This Competition is organised, sponsored and supported by YoYo Games Limited, a private limited company incorporated in the laws of England and Wales, with registered number 5260718, and with registered address at One, Fleet Place, London, England, EC4M 7WS, United Kingdom.
- 5.2. The Shortlist will be determined by a panel consisting of YYG, Opera and Community representatives.
6. Withdrawal or Disqualification
- 6.1. YYG reserves the right, in its absolute discretion, to disqualify any Participant for any breach or non-compliance with the Competition rules listed herein, this Agreement, the License Agreement and/or any other applicable laws, without providing prior notice to that effect.
- 6.2. In the event that the Winner is disqualified from the Competition, YYG shall select the second best winner and winning Game voted in accordance with the Voting Procedure explained above.
- 6.3. In the event any Prize is not claimed or cannot be delivered within ninety (90) days, YYG reserves the right to grant the Prize to an alternative winner or terminate the Competition, in its absolute discretion. A Prize cannot be claimed following these 90 days and YYG shall not be liable for any loss or damage incurred as a result of an unclaimed or undelivered Prize.
7. Your obligations:
By entering the Competition, You hereby represent and warrant that:
- 7.1. All information submitted by You is true, accurate and complete. You have obtained all relevant and applicable authorisations to enter to enter the Competition. YYG reserves the right to verify any information contained in your entry and/or your eligibility to enter the Competition;
- 7.2. You shall comply with all Competition rules set forth herein, as well as with any laws applicable to this Agreement;
- 7.3. You shall not select or use as a username a name of another person with the intent to impersonate that person;
- 7.4. You shall not use as a username a name subject to any rights of a person other than You without appropriate authorization and or, use, as a username, a name that is otherwise offensive, vulgar or obscene;
- 7.5. You are solely responsible for the activity that occurs in Your account, and for keeping Your account password and login credentials secure. You may never use another person’s user account or registration information to enter the Competition, without permission;
- 7.6. You must notify YYG immediately of any change in Your eligibility to participate in the Competition, or breach of security or unauthorized use of Your account.
8. Publicity and data protection
9. Disclaimer and Limitation of Liability
- 9.1. YYG accepts no responsibility for any damage suffered by any Participant (person, organization or company) resulting from participating in the Competition.
- 9.2. YYG accepts no responsibility for entries lost due to computer error in transit.
- 9.3. The Voting Procedure pursuant to which the Winner and its Winning Game shall win, is provided to the public from an independent third party supplier, the “Third Party Supplier”. YYG does not bear any responsibility, and shall not be liable, for the outcome of the Competition as a result of incorrect answers supplied by the Third Party Supplier.
- 10.1. In addition to the licence granted to YYG under section 4.2 of the License Agreement, you hereby grant YYG an irrevocable, worldwide, non-exclusive, royalty-free, transferable, fully paid right and license (with the right to sublicense) to evaluate the Game and publish the results of the Competition, for the purposes hereof.
- 10.2. YYG grants the Finalist Game Developers and the Winners an irrevocable, worldwide, exclusive, royalty-free, transferable, fully paid right and license (with the right to sublicense) to use the logos developed and created by YYG included in sections 4.6.1 and 4.7.1 (respectively) herein (collectively, the “Logos”), only for marketing and promotional purposes, and Finalist Game Developers and Winner shall not use and/or utilise the Logos for any other purpose.
11. Governing law and jurisdiction:
The Agreement will be governed by the laws of England and Wales. The Parties agree that any claims, legal proceedings, or litigation arising in connection with the Agreement, will be brought solely to the courts of London, England, and the Parties consent to the exclusive jurisdiction of such courts.
12. Contact Us
For any queries that you may have, please feel free to contact us at [email protected]