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Challenge Rules

Terms and Conditions for the 2017 National STEM Video Game Challenge

Middle School Category

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO ENTRY. NO PURCHASE IS NECESSARY TO ENTER OR WIN. OPEN ONLY TO INDIVIDUALS WHO ARE WHO ARE ENROLLED IN GRADES 5-8 DURING THE 2016-17 SCHOOL YEAR OR, IF HOME-SCHOOLED, ARE OF THE EQUIVALENT AGE AND ARE EITHER (1) LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, OR (2) UNITED STATES CITIZENS WITH A PERMANENT UNITED STATES ADDRESS WHO ARE CURRENTLY RESIDING ON AN OVERSEAS UNITED STATES MILITARY INSTALLATION. VOID WHERE PROHIBITED BY LAW.

The National STEM Video Game Challenge: Middle School Category (the “Middle School Challenge“) is sponsored by the Entertainment Software Association (“ESA“) in collaboration with the Joan Ganz Cooney Center (“JGCC“), and E-Line Media (“E-Line“) (collectively the “Sponsor(s)“). By entering the Middle School Challenge you agree that your participation will be governed by, and you shall abide by, all of the following terms and conditions (the “Terms and Conditions“) outlined herein below:

1.      Mission: The Middle School Challenge aims to engage middle school students in Science, Technology, Engineering and Math (“STEM“) 21st Century Literacy Skills and Systems Thinking by challenging them to design original video games. Designing a video game involves systems thinking, creative problem solving, collaboration, communication, iterative design and computational thinking — all critical skills for pursuing successful 21st Century STEM careers. Middle School Challenge Applicants are invited to submit a prototype (amongst other things, as more fully detailed in Paragraph 4 below) (“Project(s)“).

2.      Eligibility: The Middle School Challenge is open only to individuals who: (a) are legal residents of one of the fifty (50) states of the United States or the District of Columbia, or are United States citizens with a permanent United States address and currently residing on an overseas United States military installation; (b) are enrolled in grade five, six, seven or eight during the 2016-17 school year in a school located in the United States or on an overseas United States military installation, or, if home-schooled, are of the equivalent age (i.e., 9-13 years old); and (c) have their parents’/legal guardians’ permission to participate in the Challenge.

Applicants may, in Sponsors’ discretion, be required to provide verification of enrollment, age and parental/legal guardian permission. The following individuals are not eligible to enter or win the Middle School Challenge: current or former (within the immediately preceding 12 months) employees, officers, directors and contractors of any of the Sponsors and/or Sesame Workshop, current recipients of grants from JGCC, Games for Change, anyone involved in the conduct of the National STEM Video Game Challenge (including judges), and any member of the immediate family (i.e., a spouse, parent, grandparent, child or grandchild) or household of any of the foregoing individuals.

Applicants may make ONLY ONE Submission to the 2017 National STEM Video Game Challenge in any category or for any prize stream. Applicants who submit more than one Submission, either as an individual or as a member of a Team, will be subject to disqualification.

3.      Entry Period: The entry period for the Middle School Challenge begins at 12:00 p.m. Eastern Standard Time (EST) on February 7, 2017 and ends at 4:59 p.m. Eastern Daylight Time (EDT) on May 1, 2017 (the “Entry Period“).

4.     How To Enter: To enter, visit www.stemchallenge.org (the “Site“) during the Entry Period and follow the entry instructions. All Submissions (as defined below) must be in the English language and completed and received in their entireties by Sponsors via the Site by no later than 4:59 p.m. EDT on May 1, 2017 to be eligible. Proof of submission is not proof of receipt. Sponsor’s computer will be the official clock for the Middle School Challenge. Sponsors reserve the right not to acknowledge or return any Submission. Each entrant (each an “Applicant“, and in all instances Applicant shall include the parental/legal guardian) must submit the following (collectively, a “Submission“), each of which must be uploaded to the Site during the Entry Period:

(a) A fully-completed online Application Form (do not include Applicants’ real names, contact information or other personal information or your Submission will be subject to disqualification). Each Applicant must also designate a potential recipient of the “Institution Award” described in Section 10 if the Applicant is verified as a winner. The designated recipient must be a non-profit organization that is exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code or a public or private elementary or secondary school located in the United States.

(b) A Project in one of the following three formats:

(i) Written Video Game Design Document – Applicants may submit their Project in the form of a written design document that provides a clear description of the game (“Design Document“). The description must include a description of the overall vision for the game, target audience, genre, core gameplay, visual style and (if applicable to the game) characters and story line. Each Design Document must comply with the following technical specifications: The Design Document must be in one of the following file formats: Microsoft Word for Windows, Microsoft Word for Mac, Rich Text Format (RTF), Portable Document Format (PDF) or a plain text file; the description of the game must be a minimum of 500 words; each page of the Design Document should be submitted in 8 1/2 ” x 11″ page size (portrait orientation preferred), with margins set at a minimum of 1″ (top, bottom, left and right); and all text should be 12-point Arial or Times New Roman font. Each Applicant is strongly encouraged to include in the Design Document hand-drawn or computer-generated images.

 

(ii) Playable Game — Free Platform: Applicants may submit their Project in the form of a playable prototype made using Game Maker, Scratch, Unity, or Gamestar Mechanic (“Free Platform Prototype“). In creating a Free Platform Prototype, the Applicant may use only the features available in the free tier of these programs or features that are made available specifically for use in the Video Game Challenge as specified on the Site. Each Applicant that submits a Free Platform Prototype may also submit a written description of the overall vision and design goals for the game. The written description must be submitted in one of the following file formats: Microsoft Word for Windows, Microsoft Word for Mac, Rich Text Format (RTF), Portable Document Format (PDF) or a plain text file format; the description must be a minimum of 250 words and a maximum of 500 words in total, each page of the description should be submitted in 8 1/2 ” x 11″ page size (portrait orientation preferred), with margins set at a minimum of 1″ (top, bottom, left and right); and all text should be 12-point Arial or Times New Roman font.

 

(iii) Playable Game — Open Platform: Applicants may submit their Project in the form of a playable prototype made using any game creation platform that permits the prototype to be played by the Video Challenge judges on a browser, personal computer or mobile device without the purchase of a subscription or license (“Open Platform Prototype”). Examples of such platforms include, but are not limited to, Flash, Stagecast Creator, RPG Maker, Game Salad. Each Applicant that submits an Open Platform Prototype Project may also submit a written description of the overall vision and design goals for the game. The written description must be submitted in one of the following file formats: Microsoft Word for Windows, Microsoft Word for Mac, Rich Text Format (RTF), Portable Document Format (PDF) or a plain text file format; the description must be a minimum of 250 words and a maximum of 500 words in total, each page of the description should be submitted in 8 1/2 ” x 11″ page size (portrait orientation preferred), with margins set at a minimum of 1″ (top, bottom, left and right); and all text should be 12-point Arial or Times New Roman font. For this category only, Submissions may be submitted by individuals or groups of individuals (each a “Team”). A Team must consist of no more than four (4) individuals, and each member of a Team must satisfy the eligibility requirements set forth in Section 2 above. Each Team must designate in the application a single member of the Team who will serve as the Team’s sole representative for communications and all other purposes in connection with the Middle School Challenge (the “Team Leader“). All agreements, consents, representations and warranties made or given by a Team Leader herein or otherwise in connection with the Middle School Challenge will be binding upon all members of the pertinent Team as if made by each such member. Team Submissions will be judged only against other Team Submissions and individual Submissions will be judged only against other individual Submissions.

 

Each Applicant must comply with all of the following Entry Guidelines:

     Entry Guidelines:

All Submissions must comply with the following Content Restrictions:

• The Application Form and Submission MUST NOT contain any personally identifiable    information, including but not limited to Applicant’s true name, address, birth date, social security number or other federal or state identification number, school name. Application Forms and/or Submissions that incorporate any of this information will be subject to disqualification.

• The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, trademark, patent, or intellectual property- or property-related rights;

• The Submission must not disparage Sponsors or any other person or party affiliated with the promotion and administration of the National STEM Video Game Challenge;

• The Submission must not contain footage, images or artwork not created by Applicant unless such footage, images or artwork are included as part of the Applicant’s chosen game creation platform or Applicant has obtained all rights necessary to include such footage, images or artwork as part of a Submission to the Middle School Challenge;

• The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;

• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

• The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created.

Each Applicant must retain a copy of the Applicant’s Submission. Sponsors are not responsible for, and each Applicant specifically releases Sponsors from any claims or liability relating to, any loss or damage to the Applicant’s Submission. By entering, each Applicant represents and warrants that (a) the Applicant’s Submission and all components thereof, including all ideas, creative elements and any other materials and information contained in the Submission are wholly original with the Applicant, (b) no person or entity has collaborated with Applicant in creating the Submission (unless the Submission is being made by a Team, in which case Team members may collaborate only with each other and not any other person or entity), provided any material or information for inclusion in the Submission, or has any ownership rights in and to the Submission or any component thereof, (c) Applicant has the exclusive, unconditional right and authority to submit the Submission to Sponsors and to grant the rights set forth herein, and (d) the Applicant’s Submission complies with these Official Rules in full. Submissions must not contain any material that Sponsors, in their sole discretion, deem inappropriate for public viewing and/or determine is contrary to their mission. Sponsors reserve the right in their sole discretion to disqualify and/or not accept any Submission that Sponsors determine does not or is likely not to comply with these guidelines, to make such changes to any Submission as are necessary to make it compliant, or to require the Applicant to do so.

5.      Judging:

The judging of the Middle School Challenge will proceed in two phases, as follows:

(a) In the first phase (“Phase One”), a panel of judges comprised of Sponsors’ employees and consultants will review the Submissions to identify those that are complete and otherwise appear preliminarily to satisfy the entry requirements set forth herein. Submissions that appear preliminarily to be complete and to satisfy the entry requirements will be included in Phase Two of the judging. Please note that this initial review is not a final determination of eligibility or compliance with the Terms and Conditions.

(b) In the second phase (“Phase Two“), a panel of judges designated by Sponsors will review and score all Submissions included in Phase Two based on the following criteria, which will be equally weighted (the “Judging Criteria“): engaging gameplay (extent to which the games keep players fully engaged or, with respect to Submissions consisting of Written Video Game Design Documents, appear likely to do so); innovative/creative vision (uniqueness of the game concept); and well-balanced game play (clarity of game play goals, balance of challenges and rewards, and feedback to the player).

(c)  The Phase One and Phase Two judging will be for Winner Selection categories 6(a) through 6(g) below.  In addition, all eligible submissions will be considered for an additional prize category 6(h) – Best in Class – Games for Change Prize – Playable Game. Eligible submissions will be separately judged on an additional set of equally weighted criteria: gameplay, creativity and content.

6.      Winner Selection: The potential winners will be determined as indicated below:

(a)      Best In Class — Written Video Game Design Document: The eligible individual Applicant whose submission is in the form of a Design Document and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(b)    Best In Class — Playable Game — Using Gamestar Mechanic: The eligible individual Applicant whose submission is in the form of a playable game created using Gamestar Mechanic and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(c)      Best In Class — Playable Game — Using Scratch: The eligible individual Applicant whose submission is in the form of a playable game created using Scratch and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(d)      Best In Class — Playable Game — Using GameMaker: The eligible individual Applicant whose submission is in the form of a playable game created using GameMaker and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(e)      Best in Class – Playable Game – Using Unity: The eligible individual Applicant whose submission is in the form of a playable game created using Unity and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(f)      Best In Class — Playable Game — Open Platform: The eligible individual Applicant whose Submission is in the form of a playable game created using any game creation platform that permits the prototype to be played by the Video Challenge judges on a browser, personal computer or mobile device, without the purchase of a subscription or license and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(g)      Best In Class — Playable Game — Open Platform – TEAMS: The eligible Team Applicant whose submission is in the form of a playable game created using any game creation platform that permits the prototype to be played by the Middle School Challenge judges on a browser, personal computer or mobile device without the purchase of a subscription or license and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(h) Best in Class – Games for Change Prize – Playable Game: The eligible individual Applicant or Team whose Submission in the form of a playable game created using any game creation platform that permits the prototype to be played by the Middle School Challenge judges on a browser, personal computer or mobile device without the purchase of a subscription or license and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

In the event of a tie for awards in categories 6(a) through 6(g), the tied Applicant with the higher score on the innovative/creative vision criterion will be deemed the winner. In the event of a tie for category 6(h), the tied Applicant with the higher score on the content criterion will be deemed the winner. All decisions of Sponsors and the judges are final and binding in all respects. If at any time during the judging process, Sponsors determine, in their sole discretion, that the quality and breadth of the Submissions is not of a standard to qualify for the awarding of one or more of the prizes, then Sponsors shall have the right to discontinue the judging and/or modify or terminate the Video Game Challenge in specific prize stream(s) and/or as a whole.

7.      Winner Notification and Verification: During the month of June, 2017, Sponsors will notify the potential winners, by phone or e-mail, in Sponsor’s discretion, using the contact information contained in the Application Form. Sponsors may in their discretion announce the name(s) of one or more potential winners on the Site or in other forms of communication, provided that no potential winner shall be certified as a winner until the potential winner and the winner’s parent or legal guardian has executed and returned all required documents, as described in this paragraph.

If a potential winner is unreachable by phone and/or e-mail during a period of forty-eight (48) consecutive hours, the potential winner may be disqualified and/or Sponsors may elect not to award the applicable prize, as Sponsors may determine in their discretion. Each potential winner and his or her parent or legal guardian will be required to complete and return an Affidavit of Eligibility, Confidentiality Agreement, Release of Liability and, if legally permissible, a Publicity Release within seven (7) days of attempted delivery of same. Noncompliance within this time period or return of any notification as undeliverable may result in disqualification and an alternate may be selected. Sponsors reserve the right to conduct a background check on each of the winners. Each Applicant consents to the same and shall provide whatever additional information, permission and/or documentation is required or requested by Sponsors in connection with the same.

8.      Middle School Challenge Prizes: The prize awarded to each of the winners (including each member of a winning Team) of each of the eight (8) prize categories described in Section 6 will consist of $1,000.00 USD, and a lifetime premium consumer subscription to Gamestar Mechanic (collectively the “Middle School Challenge Prize”). All Middle School Challenge Prize details, including without limitation the form of payment of the cash award, will be determined by Sponsors in their discretion. At the request of each winner, Sponsors will also provide the winner with a professional consultation with a game industry professional or educator to advise the winner on the advancement of his/her interest and skills development in design, engineering or gamemaking. The approximate retail value (“ARV“) of each Middle School Challenge Prize is $1,000.00. The total ARV of all Middle School Challenge Prizes is $14,000.00.

All income taxes and any other applicable taxes on each Middle School Challenge Prize are the sole responsibility of the recipient. An IRS form 1099 will be issued if required by law. Middle School Challenge Prizes consist only of items expressly specified herein. Any costs or expenses associated with the acceptance or use of any prize are the responsibility of the recipient. No substitution, cash redemption or transfer of right to receive any Middle School Challenge Prize will be allowed, except at the sole discretion of Sponsors. Sponsors reserve the right to substitute an alternate Middle School Challenge Prize.

9.      Grant of Rights: By entering, each Applicant grants to Sponsors and their designees the irrevocable, royalty-free right to publish, disseminate and use the Applicant’s name, likeness and biographical information without further notice or consideration, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, in connection with the execution and promotion of the Video Game Challenge and the promotion of Sponsors and their activities. In addition, by entering, each Applicant grants to Sponsors and their designees a nonexclusive, irrevocable, royalty-free license to reproduce, exploit, adapt, use and display worldwide, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, the Submission and the Project and all components thereof, including without limitation posting the Submission and/or the Project on the Site (or such other on-line environments as JGCC may designate), in connection with the execution and promotion of the Video Game Challenge and the promotion of Sponsors and their activities, without further notice or compensation. Each Applicant agrees not to exploit, exhibit, disseminate, produce, broadcast, execute or implement the Applicant’s Project or Submission, or to authorize any third party to do so, in any manner, media, or format, or otherwise dispose of any rights with respect to the Applicant’s Project or Submission, during the Entry Period and judging period, without first obtaining the prior written consent of JGCC. In the event that the Applicant at any time exploits, exhibits, disseminates, produces, broadcasts, executes or implements the Project, or authorizes any third party to do so, the Applicant will cause a credit in substantially the following form to be displayed in connection therewith: “This National STEM Game Video Game Challenge: Middle School Category Prize has been made possible with the generous assistance of the Joan Ganz Cooney Center”.

10.      Disputes: These Terms and Conditions shall be governed by and interpreted under the laws of the State of New York without regard to conflicts of laws provisions. Applicant hereby agrees that any and all disputes claims, causes of action or controversies arising out of or in connection with the Video Game Challenge or these Terms and Conditions shall be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. By entering, each Applicant irrevocably waives any right to seek and/or obtain rescission and/or equitable and/or injunctive relief.

11.      Representations & Warranties: Applicant represents and warrants that he/she:

(a) Has the right to make a Submission as contemplated hereunder without the need of any consent of any third party;

(b) Will abide by these Terms and Conditions and all applicable laws and regulations; and

(c) Applicant is under no obligation or disability, created by law or otherwise, which would in any manner or to any extent prevent or restrict making a Submission or becoming a prize winner as outlined herein.

12.      Indemnity: By submitting an entry, each Applicant agrees to indemnify, hold harmless and defend the Sponsors, Sesame Workshop and each of their parent companies, affiliates, subsidiaries, successors and assigns, and each of their trustees, officers, employees and agents (all of the foregoing, the “Sponsor Parties“), from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with the Applicant’s participation in this Video Game Challenge, any use of the Applicant’s Submission and/or the exercise by Sponsors of any rights granted to them herein, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to the Applicant’s Submission. Notwithstanding anything herein to the contrary, in the event of any claim by a third party affecting or relating to the Submission, Sponsors shall have, in addition to any other rights available to them, at law or in equity, the right to immediately revoke any prize.

13.      DISCLAIMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL ANY OF THE SPONSORS BE LIABLE TO APPLICANT OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.      Release of Claims: By submitting an entry, each Applicant releases each of the Sponsor Parties from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with the Applicant’s participation in this Video Game Challenge, any use of the Applicant’s Submission and/or the exercise by Sponsors of any rights granted to them herein, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to the Applicant’s Submission and claims for injury, loss or damage of any kind resulting from the Applicant’s participation in this Video Game Challenge or acceptance or use of any prize.

15.      No Limitation on Exploitation of Materials: Each Applicant acknowledges that each of the Sponsor Parties engage and have engaged and will in the future engage in the development, preparation, production, acquisition and dissemination of creative, educational, artistic and other material (collectively, the “Materials“), including without limitation Materials that are similar or identical to an Applicant’s Project or Submission. Each Applicant also acknowledges that other persons, including employees of JGCC and Sesame Workshop, may previously have originated and/or submitted to the Sponsor Parties or to others, and may hereafter originate and/or submit, Materials that are similar or identical to an Applicant’s Project or Submission. Each Applicant agrees that it will not be entitled to any compensation because the use by any of the Sponsor Parties of any such similar or identical material. Without limitation of the foregoing, the Sponsor Parties may use, without any payment or other obligation whatsoever to any Applicant, any part of the Materials, and any idea or concept contained therein, that (a) is similar or identical to, or contains significant elements encompassed in, a concept that is under consideration or in development by any of the Sponsor Parties before or at the time of the Applicant’s entry, (b) is not unique, novel, original, and concrete so as to be entitled to protection under applicable laws, (c) has been made public by anyone at the time of its submission to any of the Sponsor Parties or otherwise is in the public domain, (d) would be freely usable by a third person if it had not been accepted as a Submission or the subject of any agreement, (e) is not protected by United States copyright law, or (f) is similar or identical to, or contains significant elements encompassed in, an idea, concept or material that is independently created by any of the Sponsor Parties or any third party. By submitting an entry, each Applicant agrees that the Sponsor Parties’ development, preparation, production, acquisition, dissemination and/or exploitation of Materials similar or identical to the Applicant’s Project or Submission or containing features, ideas, material and/or elements similar to or identical with those contained in the Applicant’s Submission shall not entitle the Applicant to any compensation or other right or remedy whatsoever. As an inducement to Sponsors to accept the Applicant’s entry into the Video Game Challenge, each Applicant hereby waives any claim or right of action against any of the Sponsor Parties or their successors in connection with the Sponsor Parties’ use of any Materials (or any portions thereof) whether or not such Materials are similar or identical to an Applicant’s Submission or contain any features, ideas, material and/or elements that are similar or identical to those contained in an Applicant’s Submission. Acceptance by Sponsors of a Submission is not an admission by Sponsors of the novelty or originality of the Submission.

16.      General Terms: All federal, state and local laws and regulations apply. Sponsors reserve the right at their sole discretion to disqualify any individual who violates these Terms and Conditions, tampers with the entry process and/or acts in any way that would, in any way, discredit or harm the reputation of any Sponsor, and/or to cancel, modify or suspend this Video Game Challenge should Applicant fraud or misconduct or other causes beyond the control of Sponsors corrupt the administration, integrity, security or proper operation of the Video Game Challenge. Without limitation of the foregoing, Sponsors reserve the right to terminate, modify or suspend this Video Game Challenge due to any of the following reasons: act of God; unavoidable accident; epidemic; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government or governmental instrumentality or tribunal; strike, lockout or other labor dispute; inclement weather; failure of technical facilities; failure of essential production, or technical personnel to appear or be available; or other cause beyond their control. Sponsors are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or judging of entries, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the Internet or at any website or any combination thereof. Caution: Any attempt by an Applicant to deliberately damage any Web site or undermine the legitimate operation of the Video Game Challenge is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such Applicant to the fullest extent of the law. Sponsors are not responsible for any typographical or other error in the printing of the offer, administration of the Video Game Challenge, or in the announcement of the prize. These Terms and Conditions set forth the entire agreement and understanding between Sponsors and Applicant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements and understandings of any kind between them. Notwithstanding anything contained herein to the contrary, Sponsors reserve the right, in their sole discretion, at any future time to terminate, modify or suspend the Video Game Challenge for any reason, in Sponsors’ sole discretion. All notices shall be in writing and shall be delivered to Applicant in accordance with instructions contained on the Application Form. Applicant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Sponsors’ failure to enforce any Terms of these Terms and Conditions shall not constitute a waiver of any provision contained herein. The titles of Sections of these Terms and Conditions are for convenience only and shall not be given any legal effect. The word “including” is used in these Terms and Conditions to mean “including but not limited to.

For the names of the winners, which will be available after July 31,2017, send a self-addressed and stamped envelope marked “WINNERS LIST REQUEST” to E-Line Media at 1295 W Washington Street, Suite 105, Tempe, AZ 85281.

 

Terms and Conditions for the 2017 National STEM Video Game Challenge

High School Category

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO ENTRY. NO PURCHASE IS NECESSARY TO ENTER OR WIN. OPEN ONLY TO INDIVIDUALS WHO ARE WHO ARE ENROLLED IN GRADES 9-12 DURING THE 2016-17 SCHOOL YEAR OR, IF HOME-SCHOOLED, ARE OF THE EQUIVALENT AGE AND ARE EITHER (1) LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, OR (2) UNITED STATES CITIZENS WITH A PERMANENT UNITED STATES ADDRESS WHO ARE CURRENTLY RESIDING ON AN OVERSEAS UNITED STATES MILITARY INSTALLATION. VOID WHERE PROHIBITED BY LAW.

The National STEM Video Game Challenge: High School Category (the “High School Challenge“) is sponsored by the Entertainment Software Association (“ESA“) in collaboration with the Joan Ganz Cooney Center (“JGCC“), and E-Line Media (“E-Line“) (collectively the “Sponsor(s)“). By entering the High School Challenge you agree that your participation will be governed by, and you shall abide by, all of the following terms and conditions (the “Terms and Conditions“) outlined herein below:

1.      Mission: The High School Challenge aims to engage high school students in Science, Technology, Engineering and Math (“STEM“) 21st Century Literacy Skills and Systems Thinking by challenging them to design original video games. Designing a video game involves systems thinking, creative problem solving, collaboration, communication, iterative design and computational thinking — all critical skills for pursuing successful 21st Century STEM careers. High School Challenge Applicants are invited to submit a prototype (amongst other things, as more fully detailed in Paragraph 4 below) (“Project(s)“).

2.      Eligibility: The High School Challenge is open only to individuals who: (a) are legal residents of one of the fifty (50) states of the United States or the District of Columbia, or are United States citizens with a permanent United States address and currently residing on an overseas United States military installation; (b) are enrolled in grade nine, ten, eleven or twelve during the 2016-17 school year in a school located in the United States or on an overseas United States military installation, or, if home-schooled, are of the equivalent age (i.e., 14-18 years old); and (c) have their parents’/legal guardians’ permission to participate in the Challenge.

Applicants may, in Sponsors’ discretion, be required to provide verification of enrollment, age and parental/legal guardian permission. The following individuals are not eligible to enter or win the High School Challenge: current or former (within the immediately preceding 12 months) employees, officers, directors and contractors of any of the Sponsors and/or Sesame Workshop, current recipients of grants from JGCC, Games for Change, anyone involved in the conduct of the National STEM Video Game Challenge (including judges), and any member of the immediate family (i.e., a spouse, parent, grandparent, child or grandchild) or household of any of the foregoing individuals.

Applicants may make ONLY ONE Submission to the 2017 National STEM Video Game Challenge in any category or for any prize stream. Applicants who submit more than one Submission, either as an individual or as a member of a Team, will be subject to disqualification.

3.      Entry Period: The entry period for the High School Challenge begins at 12:00 p.m. Eastern Standard Time (EST) on February 7, 2017 and ends at 4:59 p.m. Eastern Daylight Time (EDT) on May 1, 2017 (the “Entry Period“).

4.     How To Enter: To enter, visit www.stemchallenge.org (the “Site“) during the Entry Period and follow the entry instructions. All Submissions (as defined below) must be in the English language and completed and received in their entireties by Sponsors via the Site by no later than 4:59 p.m. EDT on May 1, 2017. Proof of submission is not proof of receipt. Sponsor’s computer will be the official clock for the High School Challenge. Sponsors reserve the right not to acknowledge or return any Submission. Each entrant (each an “Applicant“, and in all instances Applicant shall include the parental/legal guardian) must submit the following (collectively, a “Submission“), each of which must be uploaded to the Site during the Entry Period:

(a) A fully-completed online Application Form (do not include Applicants’ real names, contact information or other personal information or your Submission will be subject to disqualification). Each Applicant must also designate a potential recipient of the “Institution Award” described in Section 10 if the Applicant is verified as a winner. The designated recipient must be a non-profit organization that is exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code or a public or private elementary or secondary school located in the United States.

(b) A Project in one of the following three formats

(i) Written Video Game Design Document: Applicants may submit their Project in the form of a written design document that provides a clear description of the game (“Design Document“). The description must include a description of the overall vision for the game, target audience, genre, core gameplay, visual style and (if applicable to the game) characters and story line. Each Design Document must comply with the following technical specifications: The Design Document must be in one of the following file formats: Microsoft Word for Windows, Microsoft Word for Mac, Rich Text Format (RTF), Portable Document Format (PDF) or a plain text file; the description of the game must be a minimum of 500 words; each page of the Design Document should be submitted in 8 1/2 ” x 11″ page size (portrait orientation preferred), with margins set at a minimum of 1″ (top, bottom, left and right); and all text should be 12-point Arial or Times New Roman font. Each Applicant is strongly encouraged to include in the Design Document hand-drawn or computer-generated images.

(ii) Playable Game — Free Platform: Applicants may submit their Project in the form of a playable prototype made using Game Maker, Scratch, Unity, or Gamestar Mechanic (“Free Platform Prototype“). In creating a Free Platform Prototype, the Applicant may use only the features available in the free tier of these programs or features that are made available specifically for use in the Video Game Challenge as specified on the Site. Each Applicant that submits a Free Platform Prototype may also submit a written description of the overall vision and design goals for the game. The written description must be submitted in one of the following file formats: Microsoft Word for Windows, Microsoft Word for Mac, Rich Text Format (RTF), Portable Document Format (PDF) or a plain text file format; the description must be a minimum of 250 words and a maximum of 500 words in total, each page of the description should be submitted in 8 1/2 ” x 11″ page size (portrait orientation preferred), with margins set at a minimum of 1″ (top, bottom, left and right); and all text should be 12-point Arial or Times New Roman font.

(iii) Playable Game — Open Platform: Applicants may submit their Project in the form of a playable prototype made using any game creation platform that permits the prototype to be played by the Video Challenge judges on a browser, personal computer or mobile device without the purchase of a subscription or license (“Open Platform Prototype”). Examples of such platforms include, but are not limited to, Flash, Stagecast Creator, RPG Maker, Game Salad. Each Applicant that submits an Open Platform Prototype Project may also submit a written description of the overall vision and design goals for the game. The written description must be submitted in one of the following file formats: Microsoft Word for Windows, Microsoft Word for Mac, Rich Text Format (RTF), Portable Document Format (PDF) or a plain text file format; the description must be a minimum of 250 words and a maximum of 500 words in total, each page of the description should be submitted in 8 1/2 ” x 11″ page size (portrait orientation preferred), with margins set at a minimum of 1″ (top, bottom, left and right); and all text should be 12-point Arial or Times New Roman font. For this category only, Submissions may be submitted by individuals or groups of individuals (each a “Team”). A Team must consist of no more than four (4) individuals, and each member of a Team must satisfy the eligibility requirements set forth in Section 2 above. Each Team must designate in the application a single member of the Team who will serve as the Team’s sole representative for communications and all other purposes in connection with the High School Challenge (the “Team Leader“). All agreements, consents, representations and warranties made or given by a Team Leader herein or otherwise in connection with the High School Challenge will be binding upon all members of the pertinent Team as if made by each such member. Team Submissions will be judged only against other Team Submissions and individual Submissions will be judged only against other individual Submissions.

 

Each Applicant must comply with all of the following Entry Guidelines:

Entry Guidelines:

All Submissions must comply with the following Content Restrictions:

• The Application Form and Submission MUST NOT contain any personally identifiable    information, including but not limited to Applicant’s true name, address, birth date, social security number or other federal or state identification number, school name. Application Forms and/or Submissions that incorporate any of this information will be subject to disqualification.

• The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, trademark, patent, or intellectual property- or property-related rights;

• The Submission must not disparage Sponsors or any other person or party affiliated with the promotion and administration of the National STEM Video Game Challenge;

• The Submission must not contain footage, images or artwork not created by Applicant unless such footage, images or artwork are included as part of the Applicant’s chosen game creation platform or Applicant has obtained all rights necessary to include such footage, images or artwork as part of a Submission to the High School Challenge;

• The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;

• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

• The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created.

Each Applicant must retain a copy of the Applicant’s Submission. Sponsors are not responsible for, and each Applicant specifically releases Sponsors from any claims or liability relating to, any loss or damage to the Applicant’s Submission. By entering, each Applicant represents and warrants that (a) the Applicant’s Submission and all components thereof, including all ideas, creative elements and any other materials and information contained in the Submission are wholly original with the Applicant, (b) no person or entity has collaborated with Applicant in creating the Submission (unless the Submission is being made by a Team, in which case Team members may collaborate only with each other and not any other person or entity), provided any material or information for inclusion in the Submission, or has any ownership rights in and to the Submission or any component thereof, (c) Applicant has the exclusive, unconditional right and authority to submit the Submission to Sponsors and to grant the rights set forth herein, and (d) the Applicant’s Submission complies with these Official Rules in full. Submissions must not contain any material that Sponsors, in their sole discretion, deem inappropriate for public viewing and/or determine is contrary to their mission. Sponsors reserve the right in their sole discretion to disqualify and/or not accept any Submission that Sponsors determine does not or is likely not to comply with these guidelines, to make such changes to any Submission as are necessary to make it compliant, or to require the Applicant to do so.

5.      Judging:

The judging of the High School Challenge will proceed in two phases, as follows:

(a) In the first phase (“Phase One”), a panel of judges comprised of Sponsors’ employees and consultants will review the Submissions to identify those that are complete and otherwise appear preliminarily to satisfy the entry requirements set forth herein. Submissions that appear preliminarily to be complete and to satisfy the entry requirements will be included in Phase Two of the judging. Please note that this initial review is not a final determination of eligibility or compliance with the Terms and Conditions.

(b) In the second phase (“Phase Two“), a panel of judges designated by Sponsors will review and score all Submissions included in Phase Two based on the following criteria, which will be equally weighted (the “Judging Criteria“); engaging gameplay (extent to which the games keep players fully engaged or, with respect to Submissions consisting of Written Video Game Design Documents, appear likely to do so); innovative/creative vision (uniqueness of the game concept); and well-balanced game play (clarity of game play goals, balance of challenges and rewards, and feedback to the player).

(c)  The Phase One and Phase Two judging will be for Winner Selection categories 6(a) through 6(g) below. In addition, all eligible submissions will be considered for an additional prize category 6(h) –  Best in Class – Games for Change Prize – Playable Game. Eligible submissions will be separately judged on an additional set of equally weighted criteria: gameplay, creativity and content.

6.      Winner Selection: The potential winners will be determined as indicated below:

(a)      Best In Class — Written Video Game Design Document: The eligible individual Applicant whose submission is in the form of a Design Document and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(b)    Best In Class — Playable Game — Using Gamestar Mechanic: The eligible individual Applicant whose submission is in the form of a playable game created using Gamestar Mechanic and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(c)      Best In Class — Playable Game — Using Scratch: The eligible individual Applicant whose submission is in the form of a playable game created using Scratch and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(d)      Best In Class — Playable Game — Using GameMaker: The eligible individual Applicant whose submission is in the form of a playable game created using GameMaker and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(e)      Best in Class – Playable Game – Using Unity: The eligible individual Applicant whose submission is in the form of a playable game created using Unity and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(f)      Best In Class — Playable Game — Open Platform: The eligible individual Applicant whose Submission is in the form of a playable game created using any game creation platform that permits the prototype to be played by the Video Challenge judges on a browser, personal computer or mobile device, without the purchase of a subscription or license and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(g)      Best In Class — Playable Game — Open Platform – TEAMS: The eligible Team Applicant whose submission is in the form of a playable game created using any game creation platform that permits the prototype to be played by the High School Challenge judges on a browser, personal computer or mobile device without the purchase of a subscription or license and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

(h) Best in Class – Games for Change Prize – Playable Game: The eligible individual Applicant or Team whose Submission in the form of a playable game created using any game creation platform that permits the prototype to be played by the High School Challenge judges on a browser, personal computer or mobile device without the purchase of a subscription or license and receives the highest score from the Judges in Phase Two based on the Judging Criteria will be a potential winner, subject to verification.

In the event of a tie for awards in categories 6(a) through 6(g), the tied Applicant with the higher score on the innovative/creative vision criterion will be deemed the winner. In the event of a tie for category 6(h), the tied Applicant with the higher score on the content criterion will be deemed the winner. All decisions of Sponsors and the judges are final and binding in all respects. If at any time during the judging process, Sponsors determine, in their sole discretion, that the quality and breadth of the Submissions is not of a standard to qualify for the awarding of one or more of the prizes, then Sponsors shall have the right to discontinue the judging and/or modify or terminate the Video Game Challenge in specific prize stream(s) and/or as a whole.

 

7.      Winner Notification and Verification: During the month of June, 2017, Sponsors will notify the potential winners, by phone or e-mail, in Sponsor’s discretion, using the contact information contained in the Application Form. Sponsors may in their discretion announce the name(s) of one or more potential winners on the Site or in other forms of communication, provided that no potential winner shall be certified as a winner until the potential winner and the winner’s parent or legal guardian has executed and returned all required documents, as described in this paragraph.

If a potential winner is unreachable by phone and/or e-mail during a period of forty-eight (48) consecutive hours, the potential winner may be disqualified and/or Sponsors may elect not to award the applicable prize, as Sponsors may determine in their discretion. Each potential winner and his or her parent or legal guardian will be required to complete and return an Affidavit of Eligibility, Confidentiality Agreement, Release of Liability and, if legally permissible, a Publicity Release within seven (7) days of attempted delivery of same. Noncompliance within this time period or return of any notification as undeliverable may result in disqualification and an alternate may be selected. Sponsors reserve the right to conduct a background check on each of the winners. Each Applicant consents to the same and shall provide whatever additional information, permission and/or documentation is required or requested by Sponsors in connection with the same.

8.      High School Challenge Prizes: The prize awarded to each of the winners (including each member of a winning Team) of each of the eight (8) prize categories described in Section 6 will consist of $1,000.00 USD, and a lifetime premium consumer subscription to Gamestar Mechanic (collectively the “High School Challenge Prize”). Note that the winner of 6(h) Best in Class – Nat Geo Explore – Written Video Game Design Document Platform, and the winner(s) of 6(i) Best in Class – Nat Geo Explore – Playable Game – Open Platform will also be eligible to have their Written Game Design Document or Playable Game featured on the National Geographic Education website and will receive National Geographic merchandise. All High School Challenge Prize details, including without limitation the form of payment of the cash award, will be determined by Sponsors in their discretion. At the request of each winner, Sponsors will also provide the winner with a professional consultation with a game industry professional or educator to advise the winner on the advancement of his/her interest and skills development in design, engineering or gamemaking. The approximate retail value (“ARV“) of each High School Challenge Prize is $1,000.00. The total ARV of all High School Challenge Prizes is $14,000.00.

All income taxes and any other applicable taxes on each High School Challenge Prize are the sole responsibility of the recipient. An IRS form 1099 will be issued if required by law. High School Challenge Prizes consist only of items expressly specified herein. Any costs or expenses associated with the acceptance or use of any prize are the responsibility of the recipient. No substitution, cash redemption or transfer of right to receive any High School Challenge Prize will be allowed, except at the sole discretion of Sponsors. Sponsors reserve the right to substitute an alternate High School Challenge Prize.

9.      Grant of Rights: By entering, each Applicant grants to Sponsors and their designees the irrevocable, royalty-free right to publish, disseminate and use the Applicant’s name, likeness and biographical information without further notice or consideration, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, in connection with the execution and promotion of the Video Game Challenge and the promotion of Sponsors and their activities. In addition, by entering, each Applicant grants to Sponsors and their designees a nonexclusive, irrevocable, royalty-free license to reproduce, exploit, adapt, use and display worldwide, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, the Submission and the Project and all components thereof, including without limitation posting the Submission and/or the Project on the Site (or such other on-line environments as JGCC may designate), in connection with the execution and promotion of the Video Game Challenge and the promotion of Sponsors and their activities, without further notice or compensation. Each Applicant agrees not to exploit, exhibit, disseminate, produce, broadcast, execute or implement the Applicant’s Project or Submission, or to authorize any third party to do so, in any manner, media, or format, or otherwise dispose of any rights with respect to the Applicant’s Project or Submission, during the Entry Period and judging period, without first obtaining the prior written consent of JGCC. In the event that the Applicant at any time exploits, exhibits, disseminates, produces, broadcasts, executes or implements the Project, or authorizes any third party to do so, the Applicant will cause a credit in substantially the following form to be displayed in connection therewith: “This National STEM Game Video Game Challenge: High School Category Prize has been made possible with the generous assistance of the Joan Ganz Cooney Center”.

10.      Disputes: These Terms and Conditions shall be governed by and interpreted under the laws of the State of New York without regard to conflicts of laws provisions. Applicant hereby agrees that any and all disputes claims, causes of action or controversies arising out of or in connection with the Video Game Challenge or these Terms and Conditions shall be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. By entering, each Applicant irrevocably waives any right to seek and/or obtain rescission and/or equitable and/or injunctive relief.

11.      Representations & Warranties: Applicant represents and warrants that he/she:

(a) Has the right to make a Submission as contemplated hereunder without the need of any consent of any third party;

(b) Will abide by these Terms and Conditions and all applicable laws and regulations; and

(c) Applicant is under no obligation or disability, created by law or otherwise, which would in any manner or to any extent prevent or restrict making a Submission or becoming a prize winner as outlined herein.

12.      Indemnity: By submitting an entry, each Applicant agrees to indemnify, hold harmless and defend the Sponsors, Sesame Workshop and each of their parent companies, affiliates, subsidiaries, successors and assigns, and each of their trustees, officers, employees and agents (all of the foregoing, the “Sponsor Parties“), from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with the Applicant’s participation in this Video Game Challenge, any use of the Applicant’s Submission and/or the exercise by Sponsors of any rights granted to them herein, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to the Applicant’s Submission. Notwithstanding anything herein to the contrary, in the event of any claim by a third party affecting or relating to the Submission, Sponsors shall have, in addition to any other rights available to them, at law or in equity, the right to immediately revoke any prize.

13.      DISCLAIMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL ANY OF THE SPONSORS BE LIABLE TO APPLICANT OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.      Release of Claims: By submitting an entry, each Applicant releases each of the Sponsor Parties from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with the Applicant’s participation in this Video Game Challenge, any use of the Applicant’s Submission and/or the exercise by Sponsors of any rights granted to them herein, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to the Applicant’s Submission and claims for injury, loss or damage of any kind resulting from the Applicant’s participation in this Video Game Challenge or acceptance or use of any prize.

15.      No Limitation on Exploitation of Materials: Each Applicant acknowledges that each of the Sponsor Parties engage and have engaged and will in the future engage in the development, preparation, production, acquisition and dissemination of creative, educational, artistic and other material (collectively, the “Materials“), including without limitation Materials that are similar or identical to an Applicant’s Project or Submission. Each Applicant also acknowledges that other persons, including employees of JGCC and Sesame Workshop, may previously have originated and/or submitted to the Sponsor Parties or to others, and may hereafter originate and/or submit, Materials that are similar or identical to an Applicant’s Project or Submission. Each Applicant agrees that it will not be entitled to any compensation because the use by any of the Sponsor Parties of any such similar or identical material. Without limitation of the foregoing, the Sponsor Parties may use, without any payment or other obligation whatsoever to any Applicant, any part of the Materials, and any idea or concept contained therein, that (a) is similar or identical to, or contains significant elements encompassed in, a concept that is under consideration or in development by any of the Sponsor Parties before or at the time of the Applicant’s entry, (b) is not unique, novel, original, and concrete so as to be entitled to protection under applicable laws, (c) has been made public by anyone at the time of its submission to any of the Sponsor Parties or otherwise is in the public domain, (d) would be freely usable by a third person if it had not been accepted as a Submission or the subject of any agreement, (e) is not protected by United States copyright law, or (f) is similar or identical to, or contains significant elements encompassed in, an idea, concept or material that is independently created by any of the Sponsor Parties or any third party. By submitting an entry, each Applicant agrees that the Sponsor Parties’ development, preparation, production, acquisition, dissemination and/or exploitation of Materials similar or identical to the Applicant’s Project or Submission or containing features, ideas, material and/or elements similar to or identical with those contained in the Applicant’s Submission shall not entitle the Applicant to any compensation or other right or remedy whatsoever. As an inducement to Sponsors to accept the Applicant’s entry into the Video Game Challenge, each Applicant hereby waives any claim or right of action against any of the Sponsor Parties or their successors in connection with the Sponsor Parties’ use of any Materials (or any portions thereof) whether or not such Materials are similar or identical to an Applicant’s Submission or contain any features, ideas, material and/or elements that are similar or identical to those contained in an Applicant’s Submission. Acceptance by Sponsors of a Submission is not an admission by Sponsors of the novelty or originality of the Submission.

16.      General Terms: All federal, state and local laws and regulations apply. Sponsors reserve the right at their sole discretion to disqualify any individual who violates these Terms and Conditions, tampers with the entry process and/or acts in any way that would, in any way, discredit or harm the reputation of any Sponsor, and/or to cancel, modify or suspend this Video Game Challenge should Applicant fraud or misconduct or other causes beyond the control of Sponsors corrupt the administration, integrity, security or proper operation of the Video Game Challenge. Without limitation of the foregoing, Sponsors reserve the right to terminate, modify or suspend this Video Game Challenge due to any of the following reasons: act of God; unavoidable accident; epidemic; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government or governmental instrumentality or tribunal; strike, lockout or other labor dispute; inclement weather; failure of technical facilities; failure of essential production, or technical personnel to appear or be available; or other cause beyond their control. Sponsors are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or judging of entries, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the Internet or at any website or any combination thereof. Caution: Any attempt by an Applicant to deliberately damage any Web site or undermine the legitimate operation of the Video Game Challenge is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such Applicant to the fullest extent of the law. Sponsors are not responsible for any typographical or other error in the printing of the offer, administration of the Video Game Challenge, or in the announcement of the prize. These Terms and Conditions set forth the entire agreement and understanding between Sponsors and Applicant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements and understandings of any kind between them. Notwithstanding anything contained herein to the contrary, Sponsors reserve the right, in their sole discretion, at any future time to terminate, modify or suspend the Video Game Challenge for any reason, in Sponsors’ sole discretion. All notices shall be in writing and shall be delivered to Applicant in accordance with instructions contained on the Application Form. Applicant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Sponsors’ failure to enforce any Terms of these Terms and Conditions shall not constitute a waiver of any provision contained herein. The titles of Sections of these Terms and Conditions are for convenience only and shall not be given any legal effect. The word “including” is used in these Terms and Conditions to mean “including but not limited to.

For the names of the winners, which will be available after July 31, 2017, send a self-addressed and stamped envelope marked “WINNERS LIST REQUEST” to E-Line Media at 1295 W Washington Street, Suite 105, Tempe, AZ 85281.