The Wild Pockets Terms of Use, Privacy Policy, and any other policies or guidelines posted on the Wild Pockets website http://www.wildpockets.com (the “ Website ”) are hereby incorporated by reference into these Rules and govern your participation in the Live Game Jam. In the event of a conflict between such other guidelines, rules, terms and conditions and these Rules, these Rules shall control, except that the Wild Pockets Privacy Policy supersedes any conflicting language in these Rules and/or any other guidelines, rules, terms and conditions with respect to the subject matter covered by such privacy policy. By registering for and participating in the Live Game Jam, you are agreeing to the following rules and regulations, and you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Rules. If you do not agree with all the terms and conditions of these Rules, you may not participate in the Live Game Jam.   Winning a prize is contingent upon fulfilling all requirements set forth herein.

The following is a summary of certain key terms within these Rules; please refer to the full Rules below for a more complete description of your rights and obligations relating to the Live Game Jam:

(a)   By participating in the Live Game Jam, you agree to give Wild Pockets certain publicity rights, which include the right to use your name and any photographs that might be taken of you during the Live Game Jam in Wild Pockets' marketing and advertising materials.   If you are a winner of any prizes at the Live Game Jam, you agree to give Wild Pockets additional publicity rights upon request.   If you'd like more details please carefully read Section 5(f) of these Rules.

(b)   By submitting your game and its contents as part of the Live Game Jam, you are agreeing to irrevocably license the game to us.  You will retain all ownership rights in and to your game.   By submitting your game in the Live Game Jam, you are agreeing that we may use your game anywhere in the world (including on the Website) without any compensation to you, and we may sublicense others to do the same.  Although you will be able to create subsequent versions of the game and all elements, you will not be able to remove or modify your game (or any element) once it is submitted.   If you do not agree to these uses of your game, you should not submit your game as part of the Live Game Jam.  If you'd like more details, please read Section 5 of these Rules.

(c)   Rules governing the judging of the Live Game Jam are contained in Section 6 of these Rules.

(d)   If you win a prize as part of the Live Game Jam, you will be solely responsible for any taxes relating to your prize.

(e)   All entries must be received by 12:30p.m. Pacific time on Sunday, May 16th , 2010.

We anticipate there will be approximately 90 participants in the event.   As this is the first Live Game Jam, we do not know how many participants will attend, but we estimate that it could be as many as 150.

You may discover bugs or come up with fixes or error corrections relating to the Wild Pockets Services (collectively “ Bug Fixes ”) in the course of the Live Game Jam. Bug Fixes that you submit to us will become our property and will not be treated as “Submission Material” under these Rules.   You agree to assign and hereby do assign to Wild Pockets all right, title and interest in and to all Bug Fixes, including without limitation all intellectual property rights and related rights in or to the Bug Fixes.   You agree to execute any documents and take any action reasonably requested by Wild Pockets (at Wild Pockets' expense) to effectuate fully the assignment of Bug Fixes and related rights set forth in the previous sentence.

(b) Instructions for submitting Submission Material (“ Instructions ”) may be provided to you before or during the Live Game Jam, and the Instructions may be in written or verbal form.   Submission Material must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission as designated in the Instructions.   When you submit Submission Material in connection with your participation in the Live Game Jam, such Submission Material will be automatically designated as Private at the time of submission (“ Private Submission Material ”) and will not be made generally available to the public through the Services; provided that final submission for the Live Game Jam will require that you make a Public version of your Completed Game (as that term is defined in Section 6 below) for judging purposes and that this Public version may be published, promoted, and distributed in the form of a Completed Game (but not as individual components of the Completed Game) by Wild Pockets (or by the other sponsors of the Live Game Jam) in connection with the promotion of the Live Game Jam or in connection with the access, display, and use of this Public version of your Completed Game by users of the Services.   In addition, you can choose to publicly share all of your Submission Material and any or all components therein free of charge by designating such Submission Material (or individual components thereof) Public (“ Public Submission Material ”).   You may not remove or modify the submitted version of any Public Submission Material or any Completed Game once it has been submitted to Wild Pockets.

You retain all ownership of original Submission Material submitted in connection with the Live Game Jam, as well as all patent, trademark and copyright to any original Submission Material you submit, and you are responsible for protecting those rights.   If you enter into a separate written agreement with Wild Pockets regarding revenue generation relating to your Submission Material, the terms of that agreement will take precedence over these Rules to the extent that there is a conflict between the two.  

Your ownership of all Submission Material will not be affected by whether it is designated Private or Public.  

By submitting any Submission Material to us, and subject to the restrictions on our use of Private Submission Material as set forth in the first paragraph above of this Section 5(b), you automatically grant to us a worldwide, perpetual, royalty-free, irrevocable, fully paid-up, transferable, sublicensable right and license (i) to host, cache, store, maintain, use, reproduce, distribute, display and perform (whether publicly or otherwise), prepare derivative works of and otherwise modify, make, sell, offer to sell, import, export and otherwise use and exploit (and have others exercise such rights on our behalf) all or any portion of such Submission Material, in any form or media (now known or later developed); (ii) to modify all or any portion of such Submission Material, including, without limitation, the making of additions to it or deletions from it, regardless of the effect of such modifications on the integrity of such Submission Material; and (iii) to identify you, or not to identify you, as the creator of the Submission Material or any portion thereof.   You further waive any “moral” rights or other rights with respect to authorship or integrity of such Submission Material that you may have under any applicable laws. We shall have the right to use the Free Submission Material however we see fit without approval of or compensation to you or any third party.

By submitting Submission Material, you authorize Wild Pockets to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with our authorized distribution of the Submission Material.

You agree that you will not make any claims against Wild Pockets or against other users of the Services based on any allegations that any activities by either of the foregoing within the Services infringe your (or anyone else's) patent rights.

You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Submission Material hereunder; (ii) you are solely responsible for, and Wild Pockets will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Services, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Wild Pockets' acknowledgement in these Rules of your intellectual property rights in your Submission Material does not constitute a legal opinion or legal advice, but is intended solely as an expression of Wild Pockets' intention not to require users of the Services to forego certain intellectual property rights with respect to Submission Material they create using the Services, subject to the terms of these Rules and the Terms of Use .

We have the right to license, authorize and/or otherwise enter into agreements and arrangements with third parties to do or perform any of the activities, exercise any of the rights and/or undertake any of the responsibilities granted to or imposed on us under these Rules, in whole or in part.

(c) We may decline or remove applications and any Submission Material for reasons not specifically mentioned in these Rules if we determine there has been a violation of any of our policies.   We will not accept as part of the Live Game Jam or include on the Website or in the Services any Submission Material that we believe (in our sole discretion) contains viruses, Trojan horses, malicious adware, spyware, or other potentially harmful components.   You represent and warrant that the Submission Material does not contain any such items. We also may decline Submission Material that we feel does not meet the general quality standards of the Services or does not offer significant value to users. You agree that we have no responsibility or liability for the deletion or failure to store any Submission Material and other communications maintained or transmitted through the Live Game Jam or the Services.

(d) With the exception of stock Audio Content, Visual Content or Scripts explicitly offered under license by Wild Pockets during the Live Game Jam for your use in creating Submission Material pursuant to the Instructions and the Terms of Use   (such content the “ Stock Content ”) and the Audio Content, Visual Content and Scripts of Free Submission Material (if any) created by other users and offered under sublicense by Wild Pockets during the Live Game Jam for your use in creating Submission Material pursuant to the Instructions and the Terms of Use (together with Stock Content, “ Permitted Licensed Content ”), all elements of Submission Material must be completely original to you and must not have been taken or composed, in whole or in part, from any other source other than you (including, without limitation all Visual Content, Audio Content, Scripts and Documentation contained in the Submission Material) and must be free and clear of any liens or claims with respect to the use of the Submission Material. Notwithstanding anything to the contrary herein, any Scripts that you include within your Submission Material must be wholly developed by you or your team during the Live Game Jam.   In addition, Submission Material, or any part thereof, must not have been released commercially. If we determine someone other than the legal copyright or trademark holder (or his or her official agent) has submitted Submission Material (other than Permitted Licensed Content), we will not accept such submission as part of the Live Game Jam and will remove the Submission Material from the Services. If you would like us to investigate an alleged breach of copyright, please follow the instructions contained in our Terms of Use .

(e) You agree you will not submit, or attempt to submit, and we have the right to reject, refuse to accept, or otherwise handle as we deem appropriate, any “Unauthorized Content” which is defined as any Submission Material that is or could be construed as violating any of the terms and conditions of these Rules.   Submission Material must not contain, include or involve any of the following:

• Scripts that you or a third party developed prior to the start of the Live Game Jam;

• Obscenity;

• third party property, other than Permitted Licensed Content used within the scope of the applicable licenses;

• Crude, vulgar or offensive pictures, depictions, images, language and/or symbols;

• Nudity;

• Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements;

• License plates, phone numbers, personal addresses (physical or email or otherwise);

• Derogatory characterizations of any ethnic, racial, sexual or religious groups;

• Any materials that would violate other people's rights or property;

• Illegal (e.g., discriminatory, harassing) behavior or conduct;

• Conduct or activities in violation of these Rules; or

• Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Wild Pockets in its sole discretion.

(f)   By submitting Submission Material you agree to, confirm and represent to us that neither you nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) any activity or conduct in connection with the Submission Material that: (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living thing or any property; (ii) may or is likely to create a risk of any other loss or damage to person, living things or property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (iv) violates any of the terms or conditions of these Rules. We are not obligated to review, consider, use, publish, display or broadcast any materials submitted.

(f) You hereby grant to us the right to issue and authorize publicity concerning you, and to use your name (including your user name), voice, likeness (including without limitation any photographs taken of you during the Live Game Jam) and biographical data in connection with the Submission Material and/or the distribution, exhibition, advertising and exploitation of the Website, the Services or the Live Game Jam.

(g) You hereby irrevocably grant us the right, within our sole discretion, to embody the Submission Material, or any portion thereof, through the Services (whether on the Website or otherwise), and on third party websites, and you irrevocably waive any claim, including any claim to any remuneration, in connection therewith.

(h) You acknowledge that other persons may have submitted Submission Material to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your Submission Material or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof, and the acceptance of Submission Material is not any admission of novelty, priority or originality.

(i)   All Submission Materials must be in English unless otherwise specified in the Instructions. Entries in any other language will not be considered unless otherwise specified.

Grand Prize  

$3,000  



Second Prize  

- TBD  

 

Third Prize  

- TBD 

(b) Any false information provided within the context of the Live Game Jam by any participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the participant from the Live Game Jam. Wild Pockets further reserves the right to disqualify any Submission Material that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Rules, or violates U.S. law.

(b) Upon our request, you shall furnish any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of these Rules, including, without limitation, the foregoing representations, warranties and covenants.

(c) You understand and agree that your participation in the Live Game Jam is voluntary and entirely at your own risk.    You assume all risk of injury, illness, death, damage and loss to you.   You hereby irrevocably and forever waive, release, discharge, hold harmless and disclaim us and each of our respective directors, officers, agents, representatives, employees, and parents, subsidiaries and affiliates (including without limitation Crispy Gamer, Inc. and Microsoft Corporation), and each of their respective directors, officers, agents (collectively, the “ Released Parties ”) from and against any and all claims, costs, losses, injuries, causes of action, lawsuits and demands, attorneys' fees, expenses or other liabilities of any kind (now known or unknown) which you, or any party claiming by, through or for you may have had, now has or hereafter may have (including without limitation any personal injury claims) against one or more of the Released Parties arising out of or in any way relating to the to the Live Game Jam, the Submission Material and/or the Website or Services, no matter how they may be caused. If you are a California resident, you waive California Civil Code §1542, which says: “ A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor .”

(d) You shall have the status of an independent contractor hereunder, and nothing herein contained shall constitute or contemplate you as our agent or employee. You acknowledge that you have submitted your Submission Material voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Wild Pockets and that no such relationship is established by your submission of any Submission Material under these Rules.

(e) Under no circumstances shall you be entitled to seek termination or an injunction of these Rules, including, without limitation, an injunction with respect to the Website.

(f) Except as explicitly set forth in Section 6 with respect to prizes, no payments will be due to you in connection with the Live Game Jam, the Submission Material or the exploitation of the Submission Material and/or the Services or the Website.   You agree that we reserve the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of our business and operating the Live Game Jam, the Website, and the Services, and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your Submission Material may be displayed on or otherwise used by or in connection with the Live Game Jam, the Website, the Services, our software or other platforms.

(g) These Rules shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. Please note that your participation in the Live Game Jam and use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Wild Pockets or relating in any way to the Live Game Jam or your use of the Services resides in the courts of the county of San Francisco, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the county of San Francisco, California in connection with any such dispute including any claim involving Wild Pockets or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

(h) If any part of these Rules is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these Rules and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Rules to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

(i) You acknowledge and agree that you have read these Rules and agree to all of the terms and conditions herein. Wild Pockets may assign these Rules, in whole or in part, at any time with or without notice to you. You may not assign these Rules, or any part of them, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THESE RULES OR THE LIVE GAME JAM, THE WEBSITE, SOFTWARE OR SERVICES MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS.   IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of Wild Pockets to exercise or enforce any right or provision of these Rules shall not constitute a waiver of such right or provision.

Wild Pockets  

Attn: Legal Department  

311 East Carson Street  

Pittsburgh, PA 15219