THE 2020 UNFOLD GAMES AWARDS

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE AT LEAST THE AGE OF MAJORITY IN THEIR JURISDICTION AT THE TIME OF ENTRY OR HAVE A SIGNED CONSENT FROM A PARENT OR GUARDIAN.

1. SPONSOR

Unfold Games, LLC is the sponsor (“Sponsor”) of Unfold Games Awards (the “Contest”). Additionally, the following parties are promotional partners for the Contest (each, a “Promotional Partner”):
  • Intel GameDev BOOST (Intel Corporation)
  • Unity (Unity Technologies)
  • ZBrush (Pixologic)
  • Integralix (Integral Capital)
  • FMOD (Firelight Technologies)
  • The McArthur Law Firm

2. AGREEMENT TO RULES, TERMS OF USE AND PRIVACY NOTICE

Any personal information collected from Entrants in connection with the Contest will be used by the Sponsor and its service providers in accordance with the Sponsor’s Privacy Policy. By participating in the Contest, the entrant (“Entrant” or “you”) agrees to be bound by these Official Rules (“Rules”) and the Sponsor’s Privacy Policy. Note that any collection and use of your personal information by a third party or Promotional Partner, other than to perform services on Sponsor’s behalf, will be governed by that third party’s or Promotional Partner’s privacy notice. This includes any Promotional Partner’s fulfillment of prizes, for which they will need to collect personal information from any prize winners.

3. ELIGIBILITY

Only people who (i) are residents of a jurisdiction where entry in the Contest is not prohibited by law, and (ii) are the age of majority in their jurisdiction of residence at the time of entry, or are at least the age of 13 and have their parent or legal guardian’s permission to participate, are eligible to enter. We require a Parental Consent Form to be sent to us (awards@unfoldgames.org) for Entrants and their team members who are between 13 and 18 years of age.

MINORS MUST ASK THEIR PARENT OR LEGAL GUARDIAN FOR PERMISSION TO PARTICIPATE. IF A PARTICIPANT IS A MINOR IN THEIR JURISDICTION, THEIR PARENT OR LEGAL GUARDIAN AGREES TO THESE OFFICIAL RULES ALONG WITH AND ON BEHALF OF THEIR MINOR CHILD AND MUST SIGN A PARENTAL CONSENT UPON ENTRY, ALONG WITH AN AFFIDAVIT AND WAIVER BEFORE THEIR MINOR CHILD MAY BE CONSIDERED ELIGIBLE TO BE A WINNER AND WIN ANY PRIZE.

Employees, officers, and directors of the Sponsor, the Promotional Partners, their parent, subsidiary, affiliated or related companies, and all other entities associated with the creation, administration, promotion or fulfillment of the Contest, and each of their respective parent, subsidiary, affiliated and related companies (collectively, the “Contest Entities”), and each of their immediate family members and persons residing in the same household of such family members are not eligible to enter or win the Contest. All eligibility is subject to all federal, state, and local laws and regulations.

Additionally, each Entrant represents and warrants that the following are true:
  • The Entrant is either the actual Entrant (if the Entrant is an individual) or is a fully authorized representative of the Entrant (if the Entrant is a business entity);
  • The Entrant and the Submission fully comply with all eligibility requirements and all other provisions of these Official Rules;
  • The Entrant is in compliance with and will comply with all applicable laws, regulations, and rules;
  • The Entrant has not violated nor will violate any agreement in entering the Contest, including any confidentiality, intellectual property assignment, or license agreements.

4. CONTEST PERIOD

The Contest begins on November 30, 2020 at 9:00 AM Pacific Time (“PT”) and ends on March 15, 2021 at 11:59 PM PT (the “Contest Period”). Sponsor’s server, on which this website is hosted, will be the official clock for the Contest. All Entries must be received during the Contest Period to be eligible to win a prize.

5. HOW TO ENTER

An Entrant may submit a single entry (each, an “Entry”). Entries may be created by teams of individuals or by a single business entity (a “Studio”), as long as the Studio and any team members making significant contributions to the Entry consists of no more than 10 individuals. For the avoidance of doubt, a team member is defined as an individual working on a game on a regular basis. For example, a contractor hired to perform a one-time task (i.e. translate the game, create the game's cover art, etc.) should not be counted as a team member.

To enter the Contest and obtain 1 Entry: during the Contest Period, go to the Contest's official website (the “Contest Website”) and follow the instructions to fill out the Entry form and upload the required materials (described in the Submission Guidelines below) (your “Submission”). This Entry form, Submission, and the personal information and materials associated with them (the “Account”) will be considered the Entrant for the purposes of these Rules.

All Entry components, including Submissions, will be considered part of the Entry. All Submissions must adhere to the following Submission Guidelines and will be subject to disqualification for failure to do so, in Sponsor’s sole discretion.

Normal Internet access and usage charges imposed by your Internet service may apply. Entry in this Contest does not constitute entry into any other promotion.

Submission Guidelines:

  • The Submission must be a video game software product either (i) released between November 30th, 2019 and March 15th, 2021, or (ii) is still unreleased but has an intended release date before December 31st, 2021.
  • The Submission must be developed for and playable on PC (Windows, Mac OS, Linux), PS4, XBox One, Switch, iPhone, or Android.
  • The Entrant must provide (i) at least 25 keys or a direct download link to a standalone build of the Submission, and (ii) the Submission’s cover artwork, 4 screenshots, a trailer, and a video of representative gameplay at least 2 minutes long.
  • If the Submission wins The Best Music Award, the Entrant agrees to transfer the monetary prize provided by FMOD to the composer. Similarly, if the Submission wins The Best Sound Design Award, the prize provided by FMOD must be transferred to the sound designer. If the Submission has more than one composer / sound designer, the prize is to be shared equally between the team of composers / sound designers.
  • The Submission must be the Entrant’s original work and owned 100% by the Entrant (if the Submission is created by a Studio, each Studio member’s contribution must be their original work and owned 100% by the Studio member for submission to the Contest) or Entrant has all required legal rights to enter the Contest and to otherwise release the Submission – Sponsor may require evidence of the Entrant’s written agreements showing this ownership as a condition of winning any prize.
  • The Submission must be a high-quality video game product, comparable to other high quality indie video games. Low-effort Submissions will be removed from the Contest and not be submitted for judging, at the contest advisory committee ("Advisory Committee") sole determination. The Advisory Committee is a group of individuals appointed by the Sponsor. Their role is to verify whether each Submission meets the Submission Guidelines and to remove low-effort Submissions from the Contest before the judging period begins (March 15th, 2021). The identity of the Advisory Committee's members will be kept private by the Sponsors and the Judges. The members of the Advisory Committee are free to reveal their identity if they choose to do so at any point.
  • The Submission may not contain any of the following:
    • disparaging or libelous remarks about any real-world individuals, organizations, brands, or companies;
    • depictions that violate the right of publicity of any persons, alive or dead;
    • material that impersonates another person or entity;
    • reference to, or depiction of, any content or brands owned by any third party or entity or that otherwise infringes any third party’s copyright, trademark, trade secret, right of publicity, right of privacy, including, without limitation, unlicensed music lyrics, brand names, logos, taglines, slogans, artwork;
    • material that is inappropriate or unsuitable, in Sponsor’s or Advisory Comittee's sole discretion, including without limitation, any material that is pornographic, profane, obscene, hateful, tortuous or offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group, or that glorifies self-harm or suicide;
    • material that involves real-world gambling;
    • material that violates any law, statute, ordinance, or regulation in the United States, Canada, Europe, or the country you reside in;
    • material that refers to, depicts or encourages real-world violence or encourages the commission of committing any civil or criminal offense in real life;
    • information known by Entrant to be false, inaccurate or misleading;
    • any viruses, worms, bots, spyware, malware or any other computer code that is intended to damage, interfere with, or intercept or expropriate any system, data or information.;

Each Entrant warrants that their Submission complies with these Submission Guidelines. Sponsor may display all Entries on Sponsor’s website and social media, the Promotional Partners’ websites and social media, and other Contest-related websites and social media accounts as well, in accordance to the Grant of Rights set forth in Section 6. All Entries submitted remain the property of the Entrant, subject to the Grant of Rights set forth in Section 6.

6. GRANT OF RIGHTS

FOR THE AVOIDANCE OF DOUBT, THIS SECTION REFERS TO THE MARKETING MATERIALS AND THE INFORMATION YOU PROVIDE ABOUT YOUR GAME AND STUDIO, NOT THE GAME ITSELF. THE GAME DOES NOT GET STORED ON OUR SERVER. THIS PARAGRAPH ALLOWS US TO PUBLICLY DISPLAY YOUR GAME COVER, SCREENSHOTS, VIDEOS, MODIFY THEM (FOR EXAMPLE, MAKE THUMBNAILS), AND CREATE PROMOTIONAL VIDEOS (FOR EXAMPLE, COMPILATIONS), GIFS, BANNERS, AND OTHER ASSETS FOR MARKETING PURPOSES. IN ADDITION, IT IS ESSENTIAL FOR US TO BE ABLE TO DISPLAY YOUR COPYRIGHTED WORK ON THIS WEBSITE, BECAUSE ONE OF THE AWARDS WE OFFER IS THE "AUDIENCE AWARD," WHICH ALLOWS VISITORS TO REVIEW THE MARKETING MATERIALS OF THE NOMINATED GAMES (COVER ART, SCREENSHOTS, VIDEOS, GAME TITLE, GAME DESCRIPTION, STUDIO NAME, LINKS TO YOUR WEBSITE AND SOCIAL MEDIA) AND TO CAST VOTES. PLEASE NOTE, YOU REMAIN THE OWNER OF YOUR COPYRIGHTED WORK.
By participating in this Contest, the Entrant grants to the Sponsor, Sponsor’s licensees and assigns, and the Promotional Partners and their licensees and assigns, a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, distribute and display Entrant’s Submission (but not the Entrant's game itself) in whole or in part for advertising and/or marketing purposes worldwide in connection with this Contest and with Sponsor's marketing. Each Entrant also agrees that any creative ideas, suggestions, or other materials you submit in connection with this Contest, in any form, are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation, or consideration of any type.

7. IDENTITY OF THE ENTRANT

In the event of a dispute over the identity of an Entrant, the Authorized Account Holder will be deemed to be the Entrant. “Authorized Account Holder” means the natural person who is the owner of the email address submitted at the time of Entry in connection with the Submission. Each potential winner (individually, each “Winner,” and collectively the “Winners”) may be required to show proof of being the Authorized Account Holder of the Account associated with the Entry. It is solely your responsibility to notify Sponsor in writing (awards@unfoldgames.org) if you change your email address or other identifying information contained within your Account. Multiple Entrants are not permitted to share the same Account or email address.

8. JUDGING

The Advisory Committee will perform an initial review of Submissions for compliance with these Rules and the Submission Guidelines. At the conclusion of the Contest Period, on or about March 15, 2021, the qualifying Submissions will be judged by a panel of judges comprised of games industry veterans, content creators, and members of the press (the “Judges”). The judging will be based on the following criteria (the “Judging Criteria”):
  • Innovation/Gameplay
  • Narrative
  • Sound Design
  • Music
  • Art Direction
  • Game Design
  • Level Design
  • Character Design
  • Animation

Each category above will be allotted anywhere from 1 to 5 points. The maximum number of points awardable is 45. The initial round of judging, the Judges and the Advisory Committee will review Entries to determine a list of 5 nominees for consideration in each Prize category in the final judging round by all Judges.

Please note:
With regard to the judging process, due to the number of potential Entries:
  • Not every Submission will be reviewed by every Judge, and some Submissions may not be reviewed by a Judge if it does not meet basic quality standards
  • Not every Submission will be played – some may be judged based on review of the submitted gameplay video, screenshots, and other information
  • Not every Submission will receive equal play time or review time by Judges

The 5 nominees for each category will be announced on or around May 1, 2021. The Judges will then review and score each nominee Entry to determine the Winners in each Prize category (listed in Section 10 below).

The Entrant with the highest number of points will be the potential “Best Game Award” Winner. The Entrant with the highest number of points whose Submission is also their first commercially released video game will be the potential “Best Debut Game” Winner. In the case of a Studio, this means their first commercially released video game as that Studio (disregarding each individual Studio members’ prior released games, if any).

Winners with the highest number of points in each of the individual categories will be the potential Winners for those category Prizes (with the Winner with the highest number of points in the “Innovation/Gameplay” category being the Winner of the “Innovation Award”).

Additionally, on or around May 1, 2021, all nominated games will be listed on the Contest website and will participate in the public voting, which will determine the “Audience Award” Winner. This Prize will be based on the number of votes received for each nominee Submission during a public judging period starting May 1, 2021 at 9:00 am PT and ending May 14, 2021 at 11:59 pm PT (the “Public Judging Period”).

Tie Breakers:
  • In the event of a tie for the “Best Game Award” Winner or “Best Debut Game” Winner, the tied Entrant with the higher score in “Innovation/Gameplay” will be the Winner of that Prize (and thereafter in “Narrative” if necessary, and thereafter in “Game Design” if necessary).
  • In the event of a tie for the “Audience Award” Winner, the tied Entrant with the higher total score from the Judges will be the Winner of that Prize.
  • In the event of a tie for any of the other Prizes, the tied Entrant with the higher overall score will be the Winner of that Prize.
  • The judging and final determination of the Winners will be in the sole discretion of the Judges. The Judges reserve the right to extend the Contest Period or not to award the Prizes if they determine, in their sole discretion, that entries received did not meet the qualification standards based on the Judging Criteria.

9. WINNER NOTIFICATION AND ANNOUNCEMENT

The potential Winners will be notified on or around May 15, 2021 via email. Sponsor will not be liable for any potential prize-winning notification that is lost, intercepted, or otherwise not received by any potential Winner for any reason. Potential Winners (including each individual Studio member) may be required to sign an Affidavit of Eligibility/Liability-Publicity Release or other applicable documents. If a Winner is a Minor, the Winner’s parent or guardian may also be required to sign and notarize the Minor’s Affidavit of Eligibility/Liability-Publicity Release and other documentation guaranteeing the Minor’s performance of any agreements and compliance with the Official Rules and Privacy Policy in order to accept any Prize.

If any potential Winner: (A) does not respond within 72 hours of the first notification attempt; (B) is found to be ineligible or any reason; (C) fails to execute and return by electronic mail all Sponsor-requested documents, which Sponsor may require to be notarized (collectively, “Affidavits”) within 3 days after transmission; (D) fails to return a Prize notification, or declines a Prize for any reason; or (E) fails to comply with these Rules, that potential Winner will forfeit their Prize and the Sponsor may select an alternate Winner from the remaining eligible Entries based on the Judging Criteria in Section 8. The final results and winning Entries will be announced on the Contest Website no later than May 20, 2021. Other nominated games will be listed as well and will be referred to as Honorable Mentions.

10. PRIZES

Only the Prizes listed below will be awarded in this Contest. If the Winner is a Minor (or any member of their Studio is a Minor), the Prize will be awarded for the benefit of the Minor to their parent or legal guardian, who will be solely responsible on behalf of the Minor for all applicable documentation and taxes.

Note: Each Entrant may be the Winner of multiple Prizes, depending on the results of the judging.
  1. “Best Game Award” Prize
    The “Best Game Award” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games)
  2. “Audience Award” Prize
    The “Audience Award” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games)
  3. “Innovation Award” Prize
    The “Innovation Award” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games)
  4. “Best Narrative” Prize
    The “Best Narrative” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games)
  5. “Best Sound Design” Prize
    The “Best Sound Design” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games), 1 $2,500 cash prize (courtesy of FMOD)
  6. “Best Music” Prize
    The “Best Music” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games), 1 $2,500 cash prize (courtesy of FMOD)
  7. “Best Art Direction” Prize
    The “Best Art Direction” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games)
  8. “Best Game Design” Prize
    The “Best Game Design” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games)
  9. “Best Level Design” Prize
    The “Best Level Design” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games)
  10. “Best Character Design” Prize
    The “Best Level Design” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games)
  11. “Best Animation” Prize
    The “Best Animation” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games)
  12. “Best Debut Game” Prize
    The “Best Debut Game” Prize consists of 1 NUC computer (courtesy of Intel), 1 ZBrush 2021 License (courtesy of Pixologic), 1 Unity Asset Store 10% Discount Code (courtesy of Unity), 1 Audiobook “10 Steps to Making Your First Game Successful” written by Wlad Marhulets, narrated by Yong Yea (courtesy of Unfold Games)

Additional Prizes subject to certain limitations:

  1. $150,000 USD in funding from Integral Capital will be awarded to the “Best Game Award” Winner only if that Submission is an unreleased game. If the Winner’s Submission has already been commercially released, then Integral Capital reserves the right (at their sole discretion) to choose another Winner from among the other category Winners or nominees whose Submission has not been commercially released. This Prize is subject to Integral Capital’s due diligence, successful completion of negotiations with the chosen Winner regarding the funding, and any additional legal requirements regarding the funding (ARV: $150,000 USD).
  2. One US federal trademark application service (not including any government or other filing fees and expenses) courtesy of The McArthur Law Firm, which will be awarded to the “Best Game Award” Winner, unless that Winner does not have a need for the trademark application. In that case, this Prize will be awarded to the first of the other Winners (first to the “Audience Award” Winner, and to the other category Winners in the order listed above) who has a need for a US federal trademark application or otherwise does not reject the Prize. (ARV: $1,500 USD).
  3. Additional Prizes may be added during the Contest Period as additional Promotional Partners announce Prizes. These Additional Prizes may be restricted based on geography and other criteria, subject to the Sponsor’s and any applicable Promotional Partner’s sole discretion.

Note: Each Promotional Partner providing a Prize may require additional information regarding the Winner, in order to fulfill that Prize. Each Winner’s contact information will be provided to the Promotional Partner in order to enable that fulfillment process. Sponsor is not responsible for any failure of a Promotional Partner to fulfill any Prize.

11. PRIZE CONDITIONS

With respect to all Prizes, Sponsor is not responsible for lost or stolen prize certificates/redemption letters.

Winners are responsible for any and all local, state and federal taxes, including any customs duties and other taxes charged by your local jurisdiction. For US residents, the value of the Prizes will be treated as income to the Winners and a 1099 will be issued for any Prize valued at $600 or more. Prizes are not transferable (except for the monetary prizes provided by FMOD in the Best Music Award and the Best Sound Design Award categories, which should be transferred respectively to a composer or a sound designer). No substitution is allowed except, at Sponsor’s sole discretion, a Prize of equal or greater value may be substituted for any reason. In the event that a Prize component is not available for any reason, the remaining elements of the Prize will constitute full satisfaction of Sponsor’s prize obligation to Winners and no additional compensation will be awarded. The Prizes cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. Prizes may be fulfilled by our Promotional Partners and shipped by those Promotional Partners separately to the Winner directly.

12. DISQUALIFICATION/FORCE MAJEURE

Sponsor reserves the right in its sole discretion to disqualify any individual who Sponsor determines to be: (A) tampering with the entry process or the operation of the Contest, acting in violation of these Rules, including software-generated, robotic, programmed, script, macro or other automated votes; (B) acting in an unsportsmanlike or disruptive manner; (C) disrupting or undermining the legitimate operation of the Contest; (D) annoying, abusing, threatening or harassing any other person, or (E) offering prizes or other inducements to members of the public or any Judges, vote farming, or any other activity that artificially inflates such Entrant’s votes or scores, as determined by Sponsor in its sole discretion.

Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play, or feasibility of the Contest as contemplated in these Rules.

If an insufficient number of eligible entries are received or Sponsor is prevented from awarding prizes or continuing the Contest as contemplated in these Rules by any event beyond its control (“Force Majeure Event”), including fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, then Sponsor will have the right to modify, suspend, or terminate the Contest.

If the Contest is terminated before the designated end date, Sponsor will (if possible) select the Winners from all eligible, non-suspect Entries received as of the date of the Force Majeure Event giving rise to the termination. Inclusion in such selection process will be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of Prizes described in these Rules will be awarded.

13. PUBLICITY RELEASE

Acceptance of any Prize constitutes Winner’s permission for the Contest Entities to use Prize Winner’s (including each Studio member’s) names, game name and related materials, photographs, images, likenesses, hometowns, voices, biographical information, statements and prize information (collectively, the “Attributes”), for advertising and publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Contest Entities from all claims arising out of the use of such Attributes.

14. DISCLAIMERS

The Contest Entities will not be responsible for: (A) any late, lost, misrouted, garbled, or distorted or damaged transmissions or entries; (B) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (C) any Contest disruptions, injuries, losses or damages caused by events beyond Sponsor’s control or by non-authorized human intervention; or (D) any printing or typographical errors in any materials associated with the Contest. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY).

15. GENERAL RELEASE

By entering the Contest, each Entrant (including all Studio members), for Entrant and for Entrant’s heirs, executors, administrators, successors and assigns: (A) releases and holds harmless the Contest Entities from any liability whatsoever, and waives any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising, directly or indirectly, out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory; (B) agrees that Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose; and (C) agrees to be bound by these Rules and to waive any right to claim any ambiguity or error in these Rules or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final.

16. DISPUTE RESOLUTION

Entrant agrees that if any dispute arises that is in any way related to the Contest, the Rules, or the Privacy Policy the parties will meet in person or through virtual means, and attempt to resolve the dispute. If the dispute cannot be settled through negotiation, the parties agree to attempt to settle the dispute by non-binding mediation administered by a neutral mediator agreed to by the parties prior to resorting to litigation. The parties will cooperate to select a mediator, but if unable to do so will use JAMS for the mediation process and selection from JAMS’ panel of neutrals. The parties will participate in the mediation in good faith, and will share its mutual costs equally, and the parties’ respective out-of-pocket costs individually.

17. LIMITATION OF LIABILITY

  1. All disputes, actual or alleged claims and causes of action at law or in equity (“Claim(s)”) will be resolved individually, without resort to any form of class action.
  2. Notwithstanding anything to the contrary in these Rules, in connection with any Claims, judgments and awards, Entrant waives all rights to attorneys’ fees, punitive, incidental, special, consequential damages, and to any multiplied damages.
  3. In no event will Entrant be entitled to recover any expenses other than reasonable and actual out-of-pocket expenses.
  4. Sponsor’s entire liability and your sole and exclusive remedy will be limited to a distribution of the equivalent amount of Prizes set forth in these Rules.

18. MISCELLANEOUS PROVISIONS

  1. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained in the Rules.
  2. All Claims arising out of or relating to this Contest, including, without limitation, the interpretation of the Rules or any prize awarded will be resolved by applying the laws of California, USA, without regard to conflict of laws, and will be solely and exclusively brought in the state or federal courts within Los Angeles, California, USA.

19. WINNER’S LIST/RULES REQUEST

For the Winner List, send an email with the subject line: “2020 Unfold Games Awards Winner List Request” to awards@unfoldgames.org after May 20, 2021 and before August 20, 2021. To obtain a copy of these Rules before March 15, 2021, send an email with the subject line: “2020 Unfold Games Awards Official Rules Request” to awards@unfoldgames.org.