**We’ve added new prizes! We’ve also updated the submission requirements and the length of time your software will be made available to the public. Please read the full terms and conditions below.**
Mobile VR Jam Contest
Terms & Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
PRIZEWINNERS MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.
BY ENTERING THIS CONTEST, ENTRANT AGREES THAT ITS SOFTWARE (DEFINED BELOW) WILL BE MADE AVAILABLE FOR PUBLIC DOWNLOAD AND USE FREE-OF-CHARGE DURING THE CONTEST PERIOD AND THROUGHOUT THE JUDGING PROCESS, AS DESCRIBED IN MORE DETAIL BELOW. EACH ENTRANT ALSO AGREES THAT, IF ENTRANT IS SELECTED AS A WINNER IN THIS CONTEST AND ELECTS TO PUBLISH OR OTHERWISE MAKE ITS SOFTWARE AVAILABLE FOR USE OR DISTRIBUTION PUBLICLY (OTHER THAN AS REQUIRED AS PART OF THIS CONTEST), IT AGREES, AT A MINIMUM, TO MAKE SUCH SOFTWARE AVAILABLE THROUGH SPONSOR’S OCULUS STORE (OR OTHER OF SPONSOR’S STORES, IF CHANGED IN THE FUTURE, AS DETERMINED IN SPONSOR’S SOLE DISCRETION) (“OCULUS STORE”) FOR A PERIOD OF NOT LESS THAN TWO (2) YEARS OR FOR SO LONG AS WINNER MAKES SUCH SOFTWARE PUBLICLY AVAILABLE. MUST HAVE A VALID ACCOUNT AND COMPLY WITH THE TERMS OF CHALLENGEPOST.COM TO ENTER.
BY ENTERING THIS CONTEST, ENTRANT AGREES TO THESE TERMS AND CONDITIONS (“TERMS”), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM THE ENTRANT (i.e., A REQUIREMENT THAT THE ENTRANT DEFEND AND/OR REIMBURSE SPONSOR FROM/FOR CERTAIN LOSSES) AND A LIMITATION OF ENTRANT’S RIGHTS AND REMEDIES.
OVERVIEW: The Mobile VR Jam Contest (“Contest”) is sponsored by Oculus VR, LLC (“Sponsor”). The Contest begins at 07:00:00 AM Pacific Time (“PT”) on February 25, 2015 (03:00:00 PM UTC/ 04:00:00 PM CET on February 25, 2015), and ends at 8:59:59 AM PT on May 11, 2015 (03:59:59 PM UTC/05:59:59 PM CEST on May 11, 2015) (“Contest Period”). For purposes of these Terms, the “Submission Period” begins at 12:00:00 AM PT on April 13, 2015 (07:00:00 AM UTC/09:00:00 AM CEST on April 13, 2015) and ends at 8:59:59 AM PT on May 11, 2015 (03:59:59 PM UTC/05:59:59 PM CEST on May 11, 2015). For the purposes of these Terms, the “Milestone 1 Deadline” is 8:59:59 AM PT on April 20, 2015 (03:59:59 PM UTC/05:59:59 PM CEST on April 20, 2015); the “Milestone 2 Deadline” is 8:59:59 AM PT on April 27, 2015 (03:59:59 PM UTC/05:59:59 PM CEST on April 27, 2015); and the “Milestone 3 Deadline” is 8:59:59 AM PT on May 4, 2015 (03:59:59 PM UTC/05:59:59 PM CEST on May 4, 2015).
To begin the entry process, an eligible participant must first visit vrjam.challengepost.com (“Contest Site”), log into his/her/its account on ChallengePost, Inc.’s (“ChallengePost”) service (or create an account if he/she/it does not already have one), and “register” for this Contest with the Contest Site. Eligible participants must then determine whether they will participate in this Contest as an Individual, a Team, or an Organization (each term is defined below). Once determined, the eligible Individual, Team, or Organization may enter this Contest by visiting the Contest Site during the Submission Period and completing the multi-stage entry process detailed below, which requires the Entrant (defined below) to create, develop, and submit a Software program. Registration will open at the beginning of the Contest Period. To be eligible, participants must register at the Contest Site sometime between the beginning of the Contest Period and the Milestone 1 Deadline. Then, Entrants will be required to submit different content by four (4) deadlines starting at the beginning and continuing throughout the Submission Period. If you register prior to the beginning of the Submission Period you may, if desired, use this time to meet and coordinate with potential Team members (if any) through the Contest Site. Due to the inherent functionality of the Contest Site, the Contest Site allows visitors to continue to register throughout the Contest Period, but those who register after the Milestone 1 Deadline are not eligible to participate in or win this Contest.
Eligible entries received in accordance with these Terms will be subject to a two-stage evaluation process. First, all eligible entries received in this Contest will be reviewed and evaluated by a panel of Sponsor-selected Judges (defined below). For this first stage of the evaluation process, the Judges will confine their review to the Software Description, Progress Image, and Progress Video submitted by each Entrant (all terms defined below) and will perform only a cursory review of the Entrant’s Software to confirm that it functions as described. Based on this initial review, the first panel of Judges will select a minimum of fifty (50) total “Finalists” (as defined and described in more detail below). Those Finalists will then be evaluated by a second panel of Sponsor-selected Judges, who will select twenty-six (26) total winners in accordance with the judging procedures detailed under the “Winner Selection” section below: seventeen (17) winners from the Game Track and nine (9) winners from the Application/Experience Track (both terms defined and described below). Winners from the Game Track will be as follows: one (1) Platinum prize winner, two (2) Gold prize winners, four (4) Silver prize winners, and ten (10) Bronze prize winners. Winners from the Application/Experience Track will be as follows: one (1) Platinum prize winner, two (2) Gold prize winners, two (2) Silver prize winners, and four (4) Bronze prize winners. In addition, eligible entries will be subject to a popular vote by users of the Contest Site during the Public Voting Period (defined below), as more fully described below. Following the conclusion of the Public Voting Period, the one (1) entry from the Game Track that received the most eligible, non-suspect votes will, subject to verification, be declared the Community’s Choice Game winner and the one (1) entry from the Application/Experience Track that received the most eligible, non-suspect votes will, subject to verification, be declared the Community’s Choice App or Experience winner. PRIZES IN THIS CONTEST WILL BE AWARDED TO THE ENTRANT IDENTIFIED IN THE APPLICABLE ENTRY (WHETHER AN INDIVIDUAL, TEAM, OR ORGANIZATION). IF THE ENTRANT IS A TEAM (AS DEFINED IN THESE TERMS), THEN, UNLESS OTHERWISE SPECIFIED BY SPONSOR OR A PRIZE PROVIDER, THE PRIZE WILL BE DIVIDED EQUALLY AMONG ALL NATURAL PERSONS IDENTIFIED DURING THE ENTRY PROCESS AS COMPRISING THE ENTRANT TEAM.
ELIGIBILITY: For the purposes of this Contest, the “Territory” means the United States, Canada (excluding Quebec), United Kingdom, Germany, France, Sweden, Netherlands, Australia, New Zealand, South Korea, Switzerland, Norway, Poland, Austria, Belgium, Russia, Thailand, Singapore, India, Mexico and Japan. This Contest is open only to the following:
(a) natural persons who are, as of the date of entry, (i) a legal resident of a nation within the Territory and (ii) at least eighteen (18) years old and the age of majority in his or her jurisdiction of residence (e.g., country, province, state, prefect, territory, district, etc.) (any and each, an “Individual”); or
(b) entities and organizations that are, as of the date of entry, legally formed or recognized by a jurisdiction within the Territory and have a principal place of business in the Territory (any and each, an “Organization”); or
(c) an association of not more than ten (10) individuals that does not constitute a legally recognized entity, provided that each natural person comprising such an association is (i) a legal resident of a nation within the Territory and (ii) at least eighteen (18) years old and the age of majority in his or her jurisdiction of residence (any and each, a “Team”). A Team Entrant may have no fewer than two (2) and no more than ten (10) members.
(Where distinction is not necessary, any Individual, Organization, or Team (including each Team member) that enters or takes steps to participate in this Contest is referred to in these Terms as an “Entrant.”)
Employees, officers, directors, members, managers, agents, and representatives of Sponsor or any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Contest (other than ChallengePost and Unity (defined below)), or any of their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, and advertising, promotion, and public relations agencies (collectively, along with ChallengePost, the “Contest Entities”) and any family member or member of the same household (whether or not related) of any such persons are not eligible to enter or win a prize in this Contest. For purposes of this Contest, the term “family member” is defined as any spouse, partner, parent, legal guardian, child, sibling, grandparent, grandchild, or in-law.
Entrant (including each member of a Team) must not be under any legal or contractual obligation that would prohibit its participation in this Contest as described in these Official Rules. If participating in this Contest would result in a violation by Entrant of any law applicable to it or any agreement to which it is a party, such Entrant is ineligible. Participation in this Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Terms and the decisions of Sponsor, which are final and binding in all matters. Any natural person completing any portion of the entry process described in these Terms on behalf of an Organization Entrant must be authorized to legally bind that Organization.
HOW TO ENTER: To enter, eligible Entrants must create, develop and submit software that is (i) explicitly designed using the Oculus mobile software development kit (“SDK”) for entry into this Contest and (ii) fully compliant with these Terms, including each of the Submission Requirements detailed below (“Software”). Entrant’s Software and related required content must be submitted to and received by Sponsor by the specified deadlines during the Submission Period through a submission process of up to four (4) steps, as described below. Entrant must follow the links and instructions on the Contest Site in order to make the submissions required by these Terms.
(1) Submit the Software & Entrant Overview: At any point between the start of the Submission Period and the Milestone 1 Deadline, eligible Entrants may begin the entry process by submitting via the Contest Site a description of the Software that the Entrant has developed or is developing for this Contest, an image from the design documentation, and required information about the Entrant him-, her-, or itself (collectively, the “Software & Entrant Overview”). The Software & Entrant Overview must comply fully with the Submission Requirements below and must:
- Describe the Software being developed in approximately five hundred (500) or fewer words.
- Contain an image or concept art from the design documentation as it exists at the time of submission. (This concept image and the written description described in the preceding provision are referred to collectively in these Terms as the “Software Description.”)
- Specify whether the Entrant is an Individual, Team, or Organization.
- If the Entrant is a Team, the Software & Entrant Overview must include each Team member’s individual ChallengePost user ID.
- If the Entrant is an Organization, the natural person who is associated with the ChallengePost user ID used to register for the Contest and who actually submits any Entrant Content (defined below and including, without limitation, the Software & Entrant Overview) must be authorized to legally bind the Organization.
- Specify on which “Track” you intend to submit your Software. If your Software will be a game, choose the “Game Track.” If your Software will be experience-based or another application type other than a game, choose the “Application/Experience” Track. As described below, this may be changed prior to the end of the Contest Period.
- Select which engine you will be using to develop your Software (“Engine”) or select “other/undecided” or a similar option if you have not determined.
- Provide Entrant’s Oculus ID (including, for a Team, an Oculus ID for each member of the Team or, for an Organization, the Oculus ID associated with the Organization).
- Answer all other questions and provide all other information or content required by or on the Contest Site, if any.
- The Software & Entrant Overview may, but is not required to, also include one or both of the following: (a) a link to a video (of not more than five (5) minutes in length) that describes the Entrant and/or the Software to be submitted or (b) a link to a website about the Entrant and/or its Software. In the event that Entrant elects to submit a video, the video cannot be uploaded directly to the Contest Site. The video must be hosted on YouTube, Inc.’s (“YouTube”) or Vimeo, LLC’s (“Vimeo”) online video service (either a “Hosting Site”) and must be publicly viewable. Entrant’s use of the Hosting Site to post its video must comply with all applicable terms of the Hosting Site (including, for videos posted to YouTube, both the YouTube Community Guidelines and the YouTube Terms of Service, or, for videos posted to Vimeo, both the Vimeo Guidelines and the Vimeo Terms of Service). To submit a video as part of the Software & Entrant Overview, Entrant should include a link to the video as hosted on the applicable Hosting Site (and not the video itself) in its submission.
Software & Entrant Overview must be submitted and received via the Contest Site (vrjam.challengepost.com) no later than the Milestone 1 Deadline. As discussed above, due to its inherent functionality, the Contest Site will continue to allow visitors to “register” for the Contest until the end of the Contest Period. However, only those who submit the Software & Entrant Overview by the Milestone 1 Deadline will be eligible to participate and potentially win a prize in this Contest.
Following the Milestone 1 Deadline, Sponsor or its designated representative will send an email to each Entrant (including, for any Team Entrant, to each identified member of the Team) that will allow the Entrant (or Team member) to review and electronically sign a copy of these Terms (“Terms Email”) and return the executed Terms to Sponsor. For Organization Entrants, the Terms Email will also request some additional information about the Entrant. Each Entrant (including ALL members of a Team Entrant) must review, complete, agree to, sign, and submit to Sponsor (as instructed in the Terms Email) these Terms within four (4) days of Sponsor’s sending the Terms Email (or other timeframe as described in the Terms Email). If any Terms Email is returned as undeliverable or the Entrant (or any member of a Team Entrant) otherwise cannot be reached or if the Entrant (or any member of a Team Entrant) fails to timely sign and submit to Sponsor an executed copy of these Terms as instructed in the Terms Email, that Entrant (including all members of the related Team Entrant) will be disqualified and ineligible to enter this Contest.
(2) Submit the Progress Screen Shot: At any point between the start of the Submission Period and the Milestone 2 Deadline, eligible Entrants may continue the entry process by submitting one or more screen images taken from the Software in its then-current form (“Progress Image”). Progress Image must fully comply with the Submission Requirements below and must be submitted and received via the Contest Site (vrjam.challengepost.com) no later than the Milestone 2 Deadline.
(3) Submit the Progress Video: At any point between the start of the Submission Period and the Milestone 3 Deadline, eligible Entrants may continue the entry process by submitting a demonstration video showcasing the participant’s progress in developing the Software up to that point (“Progress Video”). Progress Video must comply fully with the Submission Requirements below and must:
- Capture footage from the Software as it exists at the time of submission.
- Be no longer than five (5) minutes in length.
- Be hosted on one of the Hosting Sites and comply with all applicable terms of the Hosting Site. Progress Video must remain publicly viewable on the applicable Hosting Site throughout the Contest Period, the selection of winners, and the award of the prizes in this Contest. Should Entrant fail to post its Progress Video to one of the Hosting Sites, fail to abide by any applicable terms of the Hosting Site, or should the Progress Video for any reason not be publicly viewable on the Hosting Site through the award of prizes in this Contest, Sponsor may disqualify Entrant.
A link to Entrant’s Progress Video as hosted on one of the Hosting Sites must be submitted and received via the Contest Site (vrjam.challengepost.com) no later than the Milestone 3 Deadline.
(4) Submit the working Software via a Two-Step Process:
(a) Upload the Software and Receive a Link. At any point during the Submission Period, an eligible Entrant may continue the entry process by submitting a fully operational version of the Software to Sponsor in accordance with the instructions set forth on the Contest Site. Sponsor will then provide a link to the Software to the Entrant (the “Link”).
(b) Submit the Link via the Contest Site. Finally, an eligible Entrant may complete his/her/its entry into this Contest by submitting the Link via the Contest Site at vrjam.challengepost.com no later than the end of the Submission Period.
By submitting Software as described above and posting the Link on the Contest Site, Entrant understands and agrees that its Software will be made available to members of the public free-of-charge through the Contest Site during the CONTEST PERIOD AND THROUGHOUT THE JUDGING PROCESS, WHO may download AND use Entrant’s Software. Sponsor will discontinue OFFERING THE LINK TO DOWNLOAD Entrant’s Software through the Contest Site following the conclusion of the Judging Process (ON APPROXIMATELY MAY 27, 2015). However, Entrant understands and agrees that neither Sponsor nor any other CONTEST ENTITY will have any control over or liability for continued use or further distribution of Entrant’s Software by any person who downloads it. Please consider this risk carefully before you elect to enter the Contest.
An Entrant’s Software & Entrant Overview, Progress Image, Progress Video, Software, and any other text, images, audiovisual materials, code, software, or other content that an Entrant submits to Sponsor as part of this Contest are referred to collectively as the Entrant’s “Entrant Content,” and, when submitted in accordance with these Terms and all instructions of Sponsor and actually received by Sponsor, constitute Entrant’s “Entry.” All eligible Entries received during the Contest Period will be judged as more fully detailed in the “Winner Selection” section.
A NOTE ON THE MILESTONE STRUCTURE, MAINTAINING ELIGIBILITY, AND THE ABILITY TO REVISE UP UNTIL THE END OF THE SUBMISSION PERIOD: To be eligible, Sponsor must receive an Entrant’s Software & Entrant Overview no later than the Milestone 1 Deadline, Progress Image no later than the Milestone 2 Deadline, Progress Video no later than the Milestone 3 Deadline, and working Software no later than the end of the Submission Period. However, Entrant need not submit each component as a separate submission if more than one component is completed prior to the applicable deadline. In addition, while a completed Software & Entrant Overview, Progress Image, and Progress Video must be timely submitted in accordance with the schedule described above in order for Entrant to remain eligible in this Contest, they need not be finalized until the end of the Submission Period. Entrants may update or change their Software & Entrant Overview, Progress Image, and Progress Video at any time prior to the end of the Submission Period, including to provide an updated description or view of the Software as it develops or – if Entrant’s direction changes – to describe a new Software program entirely, provided that each of the above-described deadlines is met on time and that, at the end of the Submission Period, the Software & Entrant Overview, Progress Image, and Progress Video all describe or depict the Software ultimately submitted by Entrant. This includes the ability to move between the Game Track and the Application/Experience Track at any time prior to the end of the Submission Period. The only aspects of an Entrant’s Entry that cannot be changed during the course of the Entry process are (i) the identity of (and information regarding) the Entrant itself (including, for a Team Entrant, the members of that Team) and (ii) if selected, the Engine. After the Milestone 1 Deadline, the identity of an Entrant and composition of a Team Entrant and any Engine designated may not be changed.
Entrant Content must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated Entry may be disqualified:
- All aspects of the Entrant Content must be solely owned by or licensed to the Entrant or in the public domain. All third-party content not owned by or licensed to the Entrant is prohibited, unless such content is in the public domain. Entrant’s rights in the Entrant Content must be sufficient to allow it to grant all rights granted to Sponsor, the other Contest Entities, or any other party under these Terms. Sponsor may request written proof of ownership of or adequate license to Entrant of any Entrant Content. Failure to timely provide adequate proof of ownership or sufficient license rights in any content included in the Entrant Content (as determined by Sponsor in its sole discretion) may result in the Entrant being disqualified and all Entries deemed void.
- All Entrant Content must be entirely in the English language.
- Entrant’s Software must have been created expressly for the purposes of entering this Contest. It may not have been previously published by a third party and may not have been entered into any other contest, competition, or promotion.
- Software must be controlled entirely by either (a) built-in functionality of the Samsung Gear VR Innovator’s Edition (i.e., head tracking or touch-pad interface), (b) a Samsung Gamepad or similar standard-configuration Bluetooth gamepad, or some combination of (a) and (b). Use of any other type of controller is prohibited.
- If Entrant designates an Engine that it will use for its Software (as part of the Software & Entrant Overview submission at Milestone 1 or anytime thereafter), the Software ultimately submitted by Entrant must utilize the Engine identified. (If Entrant does not designate an Engine during the Entry process, this requirement does not apply to such Entrant.)
- If any part of an Entrant’s Entrant Content depicts or includes any person that is not Entrant him- or herself or, for a Team or Organization Entrant, a member of the Team/Organization, Entrant must have all permissions and rights from the individual depicted (and, if such individual is a minor, his/her parent or legal guardian) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
- Entrant Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services, including the Entrant. Entrant Content must not contain any recognizable third-party trademarks (including logos), trade dress, or other brand elements, including, without limitation those of Sponsor. By way of example and without limiting any other provision of these Terms, Entrant may not use Sponsor’s OCULUS trademark or its logo in any way that creates a likelihood of confusion as to source or sponsorship, including, without limitation, implying an affiliation or association between Entrant and Sponsor that could potentially confuse a user regarding whether the Entrant Content originates from or was created by Sponsor. Do not use the OCULUS trademark in the name of your Software.
- Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, patent, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
- Entrant Content must not include information or content that is pornographic or otherwise adult-oriented.
- Entrant Content must not in any way violate any federal, national, state, provincial, territorial, or local laws, rules, or regulations, or any applicable laws of other applicable jurisdiction(s).
- Entries may be deemed ineligible and void if any Software, Software title, or other Entrant Content is, in Sponsor’s sole discretion, objectionable or inappropriate.
- Entrant agrees that his, her, or its participation in the Contest and agreement to these Terms and any Contest Entity’s reproduction, display, and use of the Entrant Content in accordance with these Terms will not violate any agreement to which Entrant (or any member of a Team Entrant) is a signatory or party or any law applicable to Entrant.
- Entrant agrees to indemnify the Contest Entities against any and all claims from any third party for any use or reuse by any Contest Entity of the Entrant Content authorized under these Terms.
Sponsor reserves the right in its sole discretion to disqualify from the Contest any Entrant (and all natural persons comprising such Entrant) whose Entry (in its sole discretion) refers, depicts, or in any way reflects negatively upon a Contest Entity, the Contest, or any other person or entity or does not comply with these Terms, including any of the above Submission Requirements.
(a) Judging Process. Eligible Entries received during the Submission Period will be evaluated through a two-stage process as follows:
First, all eligible Entries received in this Contest will be reviewed and evaluated by a panel of judges selected by Sponsor in its sole discretion (“Judges”). For this first stage of the evaluation process, the Judges will primarily confine their review to the Software Description, Progress Image, and Progress Video submitted by each Entrant. The Judges will review those portions of each eligible Entry based on the following evenly weighted criteria (collectively the “First-Round Criteria”):
(i) Promise. Extent to which the Judge believes that Entrant’s concept for its Software will, if well executed, appeal to the greater Oculus community; and
(ii) Innovation. Extent to which the Software Description, Progress Image, and Progress Video demonstrate originality in design of the Software. This Criterion considers the design and execution of the Software’s user interface and other elements evidenced in the Entrant Content reviewed. Where applicable, the Judges may also take into account any innovative use of virtual-reality mechanics by Entrant’s Software that is described or observable in the Entrant Content reviewed. Examples of “virtual-reality mechanics” considered under this Criterion include (but are not limited to) multi-user capabilities, head-tracking, and touch-pad use.
In the first round of the judging process, the Judges will also perform a cursory review of the Entrant’s Software primarily to confirm that the Software will function as described in the selected materials. In the event that the Judges are unable to get an Entrant’s Software to function after reasonable efforts, that Entrant may be disqualified. Notwithstanding any other provision to the contrary, the Judges may (in either round of the judging process) contact Entrant to request a bug fix or other minor modification to the Software to address a functionality or stability issue (any a “Bug Fix”) or implement any Big Fix provided by Entrant after the Submission Period and may, in judging an Entry, consider the Software as modified by any such Bug Fix. However, the decision to request or implement any Bug Fix is within Sponsor’s sole discretion. Sponsor will be under no obligation to request a Bug Fix or implement any Bug Fix provided and may disqualify any Entrant whose Software is not completely functional when submitted in this Contest.
For each First-Round Criterion, each eligible Entry will be scored on a scale of one (1) to five (5) by each Judge. The Entries that, based on their score from the first round of judging, are in the top twenty percent (20%) of all eligible Entries received for the Games Track will be selected as potential “Game Finalists.” The Entries that, based on their score from the first round of judging, are in the top twenty percent (20%) of all eligible Entries received for the Application/Experience Track will be selected as potential “Application/Experience Finalists.” The Game Finalists and Application/Experience Finalists are collectively referred to herein as the “Finalists.” There will be a minimum of thirty (30) Game Finalists and twenty (20) Application/Experience Finalists (provided that Sponsor has received enough eligible Entries in this Contest to meet such minimums) and Sponsor may appoint Finalists whose score after the first round of judging is lower than the required percentile in order to satisfy these minimums. In the event of a tie in the determination of any Finalist, all Entries that share the tying score will advance to the second round of the judging process.
The Finalists will then be judged by a second panel of Judges (including at least one independent judge) chosen by Sponsor in its sole discretion based on the following evenly weighted criteria: (i) the overall virtual-reality experience of the Software (including how fun, useful, and engaging the Judge considers the Finalist’s Software) and (ii) the innovation in virtual-reality mechanics demonstrated by the Software (the “Second-Round Criteria”). Examples of “virtual-reality mechanics” considered under the latter Second-Round Criterion include (but are not limited to) multi-user capabilities, head-tracking, touch-pad use, and the user interface. In the second stage of the judging process, the Judges will apply the Criteria to the Entry based primarily on the Software itself. However, the Judges may also look to the Software Description, Progress Image, and Progress Video for additional information regarding the Entry.
For each Second-Round Criterion, each eligible Entry will be scored on a scale of one (1) to five (5) by each Judge. (All Finalists will be re-evaluated by the Judges in the second stage of the judging process and the scores for each Finalist from the first round of the judging process will not carry forward, except where necessary to break a tie as described below.) Of the Game Finalists, the seventeen (17) Entries with the seventeen (17) highest scores after application of the Second-Round Criteria will be selected as the potential winners of the one (1) Platinum prize, two (2) Gold prizes, four (4) Silver prizes, and ten (10) Bronze prizes, respectively. Of the Application/Experience Finalists, the nine (9) Entries with the nine (9) highest scores after application of the Second-Round Criteria will be selected as the potential winners of the one (1) Platinum prize, two (2) Gold prizes, two (2) Silver prizes, and four (4) Bronze prizes, respectively. In the event of a tie in the selection of any potential Winner, the tie will be resolved in favor of the Entry with the higher score on “overall virtual-reality experience” Second-Round Criterion. If the tie persists, it will be resolved in favor of the Entry with the higher score on the “virtual-reality mechanics” Second-Round Criterion. If the tie still persists, it will be resolved in favor of the Entry that received the higher score on the “promise” First-Round Criterion. Finally, if the tie still persists, it will be resolved in favor of the Entry that received the higher score on the “innovation” First-Round Criterion.
(b) Public Vote. For purposes of this Contest, the “Public Voting Period” will begin at 12:00:00 a.m. PT on May 12, 2015 (7:00:00 a.m. UTC/9:00 a.m. CEST on May 12, 2015) and will close at 11:59:59 p.m. PT on May 26, 2015 (6:59:59 a.m. UTC/8:59:59 a.m. CEST on May 27, 2015). During the Public Voting Period, Entries submitted in this Contest will be available for review by visitors to the Contest Site, including the ability for visitors to download and use the Software, as described above. Visitors to the Contest Site will be directed to review Entries and invited to register with ChallengePost and vote for the best Entries by applying the Second-Round Criteria. Only registered users of ChallengePost’s service may use the ChallengePost Public Voting tool to vote for Entries. A registered ChallengePost user may vote for each Entry only once and must comply with all of ChallengePost’s terms and policies in order for his or her vote to count. Following the close of the Public Voting Period, the one (1) eligible Entry from the Games Track with the most eligible, non-suspect votes will be identified as the potential Community’s Choice Game winner and the one (1) eligible Entry from the Application/Experience Track with the most eligible, non-suspect votes will be identified as the potential Community’s Choice App or Experience winner (collectively, the potential “Community’s Choice winners”).
Entrants are prohibited from offering inducement in connection with votes or obtaining votes by any fraudulent or inappropriate means, as determined by the Sponsor in its sole discretion, including, without limitation, by offering prizes or other incentives or inducements in exchange for votes or by registering multiple ChallengePost user accounts (or encouraging others to do so) in order to submit votes in excess of the above-stated limit. Use of these techniques, or of any script, macro, or other automated or artificial system to vote, or acting in any manner with the intent or effect of impairing the integrity of the voting process, is prohibited and all such votes will, upon discovery by the Sponsor, be deemed null and void and may lead to the disqualification of the applicable Entrant. Sponsor reserves the right to restrict or void votes from any device, ChallengePost account, IP address, or other identifiable source or for any Entrant if any vote is determined or suspected to be fraudulent or otherwise in violation of these Terms, as determined by Sponsor in its sole discretion. Without limiting any other provision of these Terms, if the voting process is incapable of operating as planned for any reason (including, without limitation, Sponsor’s determination or suspicion of voting fraud or any other action that Sponsor determines has impaired or undermined the administration, security, fairness, or proper conduct of the voting process), Sponsor reserves the right to determine the potential Community’s Choice winners (i) by counting only non-suspect votes or only those votes made by a select group of non-suspect users chosen by Sponsor in its sole discretion or (ii) as otherwise determined to be fair by Sponsor in its sole discretion.
AN ENTRANT MAY WIN A MAXIMUM OF FIVE (5) PRIZES IN THIS CONTEST, IRRESPECTIVE OF THE NUMBER OF ENTRIES SUBMITTED BY THAT ENTRANT. Sponsor reserves the right to contact Entrants for verification purposes and administration of the Contest. All Judges’ decisions are final and binding in all matters relating to this Contest. Each Entrant acknowledges that other Entrants may have created ideas and concepts contained in their Entry that may have familiarities or similarities to his/her/its Entry (including, without limitation, a similar Software program), and that he/she/it will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities.
Sponsor or its designee will announce the “Finalists” on the Contest Site on or around May 18, 2015. Sponsor or its designee will attempt to notify the potential winners by telephone or email (as determined by Sponsor in its sole discretion) on or around May 27, 2015. Sponsor will announce the potential winners on the Contest Site on or around June 3, 2015. (All dates and times as measured in the US Pacific Time Zone.) Each potential winner (including each individual member of any Team winner) may be required to complete, execute, have notarized (if applicable), and return an Affidavit/Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law), tax documents, an agreement regarding distribution of the Software through Sponsor’s Oculus Store (as described below), and related prize-acceptance documents (collectively, “Prizewinner Documents”) within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Prizewinner Documents, if applicable, must be received by Sponsor from the potential winner (including each individual member of any Team winner) within five (5) days of Sponsor sending the documents to the potential winner (or other time frame as stated in the Prizewinner Documents) or prize may be forfeited and an alternate winner selected. If any notification or other Contest-related communication is returned as undeliverable, or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected potential winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prize claim and Prizewinner Documents are subject to verification by Sponsor. In the event there are fewer eligible Entries received by Sponsor than there are stated Finalists or prizes in these Terms, Sponsor reserves the right to advance fewer Finalists to the second round of judging or to award fewer prizes (as applicable) in accordance with the number of eligible Entries actually received. Sponsor will not be obligated to pursue more than two (2) alternate winners (time permitting) for any prize for any reason.
AS A CONDITION OF WINNING ANY PRIZE IN THIS CONTEST, EACH WINNER AGREES THAT IF HE/SHE/IT ELECTS TO SELL, PUBLISH, OR OTHERWISE PUBLICLY DISTRIBUTE WINNER’S SOFTWARE OR ANY DERIVATIVE WORK ARISING THEREFROM (OTHER THAN DISTRIBUTION THROUGH THE CONTEST SITE AS REQUIRED FOR ENTRY INTO THIS CONTEST AND MORE FULLY DESCRIBED ABOVE), WINNER WILL MAKE SUCH SOFTWARE AVAILABLE FOR DISTRIBUTION THROUGH THE OCULUS STORE FOR A PERIOD OF NOT LESS THAN TWO (2) YEARS OR FOR SO LONG AS WINNER MAKES SUCH SOFTWARE AVAILABLE TO THE PUBLIC THROUGH ANY CHANNEL OR MEDIUM. THIS REQUIREMENT IS NON-EXCLUSIVE. WINNER MAY CHOOSE TO ALSO DISTRIBUTE ITS SOFTWARE THROUGH OTHER DISTRIBUTION CHANNELS IN ADDITION TO SPONSOR’S OCULUS STORE. IF ANY POTENTIAL WINNER DOES NOT AGREE TO THIS REQUIREMENT, THAT ENTRANT WILL BE DISQUALIFIED AND NO CONTEST ENTITY WILL HAVE ANY FURTHER OBLIGATION OR LIABILITY TO IT (OR ANY OF ITS MEMBERS).
PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”):
(a) One (1) Platinum-Prize Winner
Subject to verification, the one (1) Platinum-prize winner for the Games Track in this Contest will receive a prize consisting solely of the following: two hundred thousand US dollars ($200,000 US).
(b) Two (2) Gold-Prize Winners
Subject to verification, the two (2) Gold-prize winners for the Games Track in this Contest will each receive a prize consisting solely of the following: one hundred thousand US dollars ($100,000 US).
(c) Four (4) Silver-Prize Winners
Subject to verification, the four (4) Silver-prize winners for the Games Track in this Contest will each receive a prize consisting solely of the following: fifty thousand US dollars ($50,000 US).
(d) Ten (10) Bronze-Prize Winners
Subject to verification, the ten (10) Bronze-prize winners for the Games Track in this Contest will each receive a prize consisting solely of the following: ten thousand US dollars ($10,000 US).
(e) One (1) Community’s Choice Game Winner
Subject to verification, the one (1) Community’s Choice winner for the Games Track in this Contest will receive a prize consisting solely of the following: ten thousand US dollars ($10,000 US).
(f) One (1) Platinum-Prize Winner
Subject to verification, the one (1) Platinum-prize winner for the Application/Experience Track in this Contest will receive a prize consisting solely of the following: one hundred thousand US dollars ($100,000 US).
(g) Two (2) Gold-Prize Winners
Subject to verification, the two (2) Gold-prize winners for the Application/Experience Track in this Contest will each receive a prize consisting solely of the following: fifty thousand US dollars ($50,000 US).
(h) Two (2) Silver-Prize Winners
Subject to verification, the two (2) Silver-prize winners for the Application/Experience Track in this Contest will each receive a prize consisting solely of the following: thirty thousand US dollars ($30,000 US).
(i) Four (4) Bronze-Prize Winners
Subject to verification, the four (4) Bronze-prize winners for the Application/Experience Track in this Contest will each receive a prize consisting solely of the following: ten thousand US dollars ($10,000 US).
(j) One (1) Community’s Choice App or Experience Winner
Subject to verification, the one (1) Community’s Choice winner for the Application/Experience Track in this Contest will receive a prize consisting solely of the following: ten thousand US dollars ($10,000 US).
The total ARV for all prizes available in this Contest is one million and twenty thousand US dollars ($1,020,000 US).
PRIZES IN THIS CONTEST WILL BE AWARDED TO THE ENTRANT IDENTIFIED IN THE APPLICABLE ENTRY (WHETHER AN INDIVIDUAL, TEAM, OR ORGANIZATION). IF THE ENTRANT IS A TEAM (AS DEFINED IN THESE TERMS), THE PRIZE WILL (UNLESS OTHERWISE SPECIFIED BY SPONSOR OR PRIZE PROVIDER) BE DIVIDED EQUALLY AMONG ALL NATURAL PERSONS IDENTIFIED DURING THE ENTRY PROCESS AS COMPRISING THE ENTRANT TEAM. Each prize will be awarded in a single payment to applicable confirmed winner made within approximately twenty (20) days of winner verification.
Sponsor, in its sole discretion, may award or allow a third-party prize provider to award prizes or rewards in addition to those described above based on completion by Entrants of certain qualifying tasks or conduct, all as detailed on the Contest Site and subject to any additional restrictions or limitations (including eligibility restrictions) detailed on the Contest Site or communicated by Sponsor or prize provider. Sponsor is not responsible for any inability or unwillingness of any winning Entrant to accept or use the prize (or portion thereof) for any reason. Prize elements delivered by mail will only be mailed to the winning Entrant’s address within the Territory. Prize details not specifically stated in these Terms, (including the form or method of any payment) will be determined by Sponsor in its sole discretion. All taxes (including, without limitation, national, federal, state, provincial, territorial, prefectural, and/or local taxes), as well as any expenses arising from acceptance or use of the prize and not specified in these Terms as being provided as part of the prize, are the sole responsibility of the prizewinner. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or prize element or any prize that is undeliverable or does not reach a prizewinner because of incorrect or changed contact or bank routing information. If a prizewinner does not accept or use the entire prize for any reason, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers will be made. Sponsor reserves the right to substitute any stated prize or any component thereof with another prize or component of equal or greater value in case that the prize is not available for unexpected reasons. No more than the stated prizes will be awarded. Entrants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption and any liability and publicity which might arise from claiming or seeking to claim said prize. No Released Party (defined below) will have any responsibility for division of prizes among natural persons comprising any prizewinning Entrant that is a Team or Organization or any liability to any natural person not receiving a prize who is a member of such a Team or Organization.
LICENSE: By submitting Entrant Content, each Entrant (if the Entrant is a Team, this shall refer to each individual member of such Team holding intellectual property rights in the Entrant Content) grants to the Contest Entities (and their agents, successors, and assigns) the irrevocable, transferable, sublicensable, absolute right and permission (including the rights in Articles 27 and 28 of the Copyright Act of Japan) to use, edit, modify, copy, reproduce, and distribute any such Entrant Content submitted by the Entrant (including its Software and any of Entrant’s trade names or trademarks, including logos) in perpetuity and in any medium now known or hereafter devised (including online and in digital media), anywhere throughout the world and in any language, without further obligation or compensation of any kind to Entrant, for the purposes of administering this Contest and for the Contest Entities’ advertising, trade, promotional and publicity purposes, and shall not exercise its moral rights (the right to make any Entrant Content public, right to determine the display of the author’s name, and right to preserve the integrity of any Entrant Content). Aside from the rights granted the Contest Entities under these Terms, Entrant remains (as between Entrant and the Contest Entities) the owner of all right, title, and interest in and to the Entrant’s Entrant Content. Without limiting the foregoing, Entrant understands and agrees that, by submitting his/her/its Software during the entry process described above, Entrant’s Software will be made publicly available for distribution to and/or download and use by end-users of the Contest Site during the Contest Period and throughout the judging process, as further described above. Entrant grants to the Contest Entities the right and permission to use, publish, and otherwise publicly perform and distribute its Software and other Entry Content as necessary to administer this Contest and as otherwise described in these Terms.
Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and each of the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to submit his/her/its Entry for purposes of the Contest does not place any of the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entry (including, without limitation, the Software), other than as set forth in these Terms. (For the sake of clarity and without limiting the foregoing, these Terms do not purport to modify the terms of any separate agreement between Sponsor and any Entrant, including any confidentiality or non-disclosure agreement.) Each Entrant understands and acknowledges that the Contest Entities have wide access to ideas, text, images, code, applications, software, and other creative materials. Each Entrant also acknowledges that many ideas for games, other applications, or online services may be competitive with, similar to, or identical to its Software and/or each other in idea, function, components, format, or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material that has or may come to such Contest Entity from other sources. Each Entrant acknowledges and agrees that no Contest Entity has now or will have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the Entrant’s patent, copyright or other proprietary rights in and to his/her/its Software or any other part of its Entrant Content. Each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Contest Entity’s actual or alleged exploitation or use of any Entrant Content (including the Software), the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Contest Entity application, service or other property, and Entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES: NOTHING IN THESE TERMS LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEE OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE TERMS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS TO BE VOID ("NON-EXCLUDABLE GUARANTEES"). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY ANY MANDATORY PROVISIONS OF APPLICABLE LAW, EACH OF THE CONTEST ENTITIES, UNITY, YOUTUBE, AND VIMEO, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”) EXCLUDE FROM THESE TERMS ALL CONDITIONS, WARRANTIES, AND TERMS IMPLIED BY STATUTE, GENERAL LAW, OR CUSTOM, EXCEPT FOR LIABILITY IN RELATION TO A NON-EXCLUDABLE GUARANTEE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY (i.e., DEFEND AND/OR REIMBURSE) THE RELEASED PARTIES FROM ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARDING OF A PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY CONTEST- OR PRIZE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO/OF PERSON OR PROPERTY (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF FRAUD OR BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR A THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). EACH PRIZEWINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE (EXPRESS OR IMPLIED, IN FACT OR IN LAW), WHETHER NOW KNOWN OR HEREINAFTER ENACTED, BEYOND ANY NON-EXCLUDABLE GUARANTEES.
The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the Entrant (or a member of any Entrant Team or Organization), or by human error (except to the extent that any of the following occur for reasons within Sponsor's reasonable control, if applicable law in your jurisdiction of residence dictates that liability to the injured party in such a case cannot be excluded by law): Entries or votes made by illegitimate means (such as, without limitation, by an automated computer program) or in excess of the above-stated limit; any lost, late, postage-due, incomplete, illegible, incomprehensible, mutilated, or misdirected email, mail, or Contest-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable telephonic, cellular, cable, or satellite systems; errors, typos or misprints in these Terms, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections or any failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications; technical or human error which may occur in the administration of the Contest or the processing of Entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Contest or receipt or use of any prize. Without limiting any other provision of these Terms, no Released Party is responsible or liable for any injury or damage to the persons or property of Entrant or any third party based on use by such party of Entrant’s Software or other Entrant Content made available as part of this Contest or based on any use by Entrant of the Software or Entrant Content of any other participant in this Contest. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or for insufficient space in a person’s email account or voicemail inbox to receive email or voice messages. No Released Party is responsible or will have any liability for any purported Entrant Content (including, without limitation, any Progress Video) that is removed from any Hosting Site for any reason at any time prior to the award of the prizes in this Contest, including removal by a Hosting Site of a purported Progress Video in response to such content being “flagged” or reported as inappropriate. No Released Party is responsible for changes to any Hosting Site or any of the functionality of any such Hosting Site that may interfere with the Contest or ability of an Entrant to participate. Released Parties are not responsible, and may disqualify an Entrant, if any contact information provided by the Entrant does not work or is changed without giving prior written notice to Sponsor. Without limiting any other provision in these Terms, the Released Parties are not responsible or liable to any Entrant or winner (or any person claiming through such Entrant or winner) for failure to supply a prize or any part thereof in the event that any of the Contest activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
The following specific terms only apply for Entrants that reside in Germany. If you have your habitual residence in Germany, the Additional Disclaimers section of these Terms and the Limitations of Liability & Disclaimer of Warranties section of these Terms do not apply to you. Instead, the following Section does apply to you:
SPONSOR AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, REPRESENTATIVES AND AGENTS (THE “INDICATED PARTIES”) SHALL BE LIABLE AS FOLLOWS:
(I) THE INDICATED PARTIES SHALL BE FULLY LIABLE FOR INTENT AND GROSS NEGLIGENCE AS WELL AS FOR DAMAGES CAUSED BY INJURY TO LIFE, BODY OR HEALTH.
(II) IN AN EVENT OF SLIGHT NEGLIGENCE, THE INDICATED PARTIES SHALL BE LIABLE ONLY FOR BREACHES OF A MATERIAL CONTRACTUAL OBLIGATION (CARDINAL DUTY). A „CARDINAL DUTY“ IN THE MEANING OF THIS PROVISION IS AN OBLIGATION WHOSE FULFILLMENT MAKES THE IMPLEMENTATION OF THIS CONTRACT POSSIBLE IN THE FIRST PLACE AND ON THE FULFILLMENT OF WHICH THE CONTRACTUAL PARTNER MAY THEREFORE GENERALLY RELY.
(III) IN A CASE ACCORDING TO CLAUSE (II), THE INDICATED PARTIES SHALL NOT BE LIABLE FOR ANY LACK OF COMMERCIAL SUCCESS, LOST PROFITS AND INDIRECT DAMAGES.
(IV) LIABILITY IN ACCORDANCE WITH THE ABOVE CLAUSES (II) AND (III) SHALL BE LIMITED TO THE TYPICAL, FORESEEABLE DAMAGES.
(V) ANY POTENTIAL LIABILITY ON THE PART OF THE INDICATED PARTIES FOR ANY WARRANTIES AND FOR CLAIMS BASED ON THE GERMAN PRODUCT LIABILITY ACT SHALL REMAIN UNAFFECTED.
By entering this Contest (except where prohibited by law), each natural person signing these Terms as part of an Entry (as the Entrant OR AS an Entrant Team or Organization) grants the Contest Entities the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Contest Entities’ sole discretion) for advertising, trade, promotional and publicity purposes related to the Contest and the awarding of prizes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review or approval, and each such person releases all Contest Entities from any and all liability related to such authorized uses. Nothing contained in these Terms obligates any Contest Entity to make use of any of the rights granted herein and each natural person granting publicity rights under this provision waives any right to inspect or approve any such use.
Sponsor's decisions will be final in all matters relating to this Contest, including interpretation of these Terms, acceptance or rejection of Entrants, Entries, or votes, selection of the winners, and awarding of the prizes. All Entrants, as a condition of entry, agree to be bound by these Terms. Failure to comply with these Terms may result in disqualification from the Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from participating in the Contest. Sponsor reserves the right to restrict or void participation (including, without limitation, votes) from any IP address, email address or domain, device, or other designator or identifiable source if any Entry, vote, and/or participation is suspected to be fraudulent, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to void Entries, votes, or other participation by any person or entity who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Terms (including any alleged discrepancy or inconsistency within these Terms), it will be resolved by Sponsor in its sole discretion. Participants waive any right to claim ambiguity in the Contest or these Terms. If Sponsor determines (at any time and in its sole discretion) that any winner or potential winner is disqualified, ineligible, in violation of these Terms, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person or entity, Sponsor reserves the right to disqualify such winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. Sponsor's failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Contest is not capable of running as planned for any reason (including, without limitation, as a result of actual or suspected fraud or other improper participation or votes), Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prizes based on eligible, non-suspect Entries received prior to cancellation, modification, or suspension, if any, or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, participates or submits Entries or votes by fraudulent means, or is otherwise determined to be in violation of these Terms in an attempt to obtain a prize, Sponsor may disqualify that person (and any Entrant on the behalf of which such person participated in the Contest) and seek damages from him or her and that person may be prosecuted to the full extent of the law. If any dispute regarding an Entry cannot be resolved to Sponsor's satisfaction, such Entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Except where prohibited by law, any and all disputes, claims, and causes of action between a participant and any Released Party arising out of or connected with this Contest, the determination of any winner, or any prize awarded must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a participant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than the participant’s actual out-of-pocket expenses (if any), not to exceed twenty-five dollars ($25 USD) and each participant further waives all rights to have damages multiplied or increased.
This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the internal laws of the State of California, USA, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of the laws of any other jurisdiction. Any legal actions, suits or proceedings related to this Contest (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state or federal courts located in or having jurisdiction over San Mateo County, California, US, and each entrant accepts and submits to the personal jurisdiction of those courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.
TERMS/WHO WON?: A copy of these Terms and information about who won is available by sending an email with the subject line “Mobile VR Jam 2015 – Terms” or “Mobile VR Jam 2015 – Who Won?” (as applicable) to firstname.lastname@example.org. Terms requests must be received no later than the end of the Contest Period. Requests for winner information must be received no later than three (3) months after the end of the Contest Period. During the Contest Period, the Terms will also be available by visiting vrjam.challengepost.com/rules.
SPONSOR: Oculus VR, LLC, 1601 Willow Road, Menlo Park, California 94025. Neither YouTube nor Vimeo is a sponsor of the Contest.