OFFICIAL RULES

2008 InstantAction Game Developer Contest

1. ELIGIBILITY

NO PURCHASE IS NECESSARY TO ENTER OR WIN.

The 2008 InstantAction Game Developer Contest (the "Developer Contest") is offered and open only to legal residents of United States and its territories (except residents of Puerto Rico) at least 18 years old at the time of entry. Employees and directors of InstantAction Holdings, Inc. ("IA"), its parent company, affiliated and subsidiary companies, advertising and promotion agencies, judges and legal advisors, and the immediate family (parent, child, sibling and spouse of each) or members of the households of such employees and directors are not eligible. By entering, you (and your parents and legal guardians if you are a minor) agree to comply with these "Official Rules" and that the decisions of IA are final and binding in all respects.

The Developer Contest is void where prohibited or otherwise restricted by law.

2. CONTEST PERIOD

All entries must be received by IA by February 18, 2008 at 5:00:00 PST (the "Deadline"). All entries must be sent to GameDevContest08@GarageGames.com and must be submitted in .zip or similar file type. Proof of submission is not considered proof of delivery to IA or receipt by IA of such submission. In no event shall IA be responsible for any entries that are not received prior to the Deadline, whether caused by (i) error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to its websites or e-mail system, (ii) technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, computer equipment, software, or (iii) technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof.

3. CONTEST CONDITIONS AND WINNER DETERMINATION

IA is all about bringing fun, top-tier games to the already large and growing audience of online gamers. We're looking for submissions that are innovative and eye-catching, but more importantly, easy to pick up and enjoy immediately. Another main focus of IA is community. As such, all submissions are required to be multiplayer games or include an extensive multiplayer component. To enter, send us your game in accordance with the terms and conditions hereof ("Entry"). For consideration in the Developer Contest, all Entries must:

* include at minimum a playable demo;
* be multiplayer, or include an extensive multiplayer component; and
* be playable on Windows XP or Vista.

Contestants are free to use the technology of their choice for the creation of their entry. Entries may include games in progress or previously completed games, but Entries must be the original work of the entrant and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Entries may not have won previous awards and may not have been published previously. If an Entry contains any material or elements that are not owned by the contestant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission, any and all releases and consents necessary to permit the use and exhibition of the submission. There is no limit on the number of Entries a person can submit, but each game Entry must be substantially different.

IA reserves the right to investigate and verify any prize winner and disqualify any winner who it finds, in its sole judgment, has not complied with these Official Rules. Any Entry that is considered by IA in its sole discretion to be objectionable or inappropriate will be disqualified and will not be eligible to win.

Winner and verification determinations are made by IA, whose decisions are final and binding in all respects. Winners will be selected on or about February 28, 2008 and will be notified via email. Winners will be determined based upon the following criteria: functional quality (25%), visual quality (25%), concept (25%), and fun factor (25%). In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie.

4. GENERAL CONDITIONS

Winners (and if winner is a minor in his/her state of residence, his/her parent/legal guardian) may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within seven (7) days of notification in a form provided by IA. Failure to return documents timely, or if Winner is found not to be in compliance with these Official Rules or otherwise ineligible, or if any prize notification is returned as undeliverable, may result in disqualification.

Where permitted by law, you (and if a minor in his/her state of residence, your parent/legal guardian) hereby give permission to IA and its respective parent company, distributors, affiliates, subsidiaries, officers, vendors, advertising agencies and promotion agencies and their respective directors, officers, employees, representatives and agents permission to use, reproduce, exhibit, display, print, distribute, publish and broadcast, without any obligation to compensate you, your name, city/state, picture, portrait, likeness, voice, biography, and winner's statement, contained in, or relating to, your entry in the Developer Contest in any and all advertising marketing and promotional materials, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, except where prohibited by law, and without notice, approval or review by you.

Where permitted by law, you (and if a minor in his/her state of residence, your parent/legal guardian), and on behalf of your heirs, executors, administrators and assigns, agree to release and hold harmless IA and its parent companies, distributors, affiliates, subsidiaries, officers, vendors, advertising agencies and promotion agencies, and each of their respective directors, officers, employees, representatives and agents from any and all liability for, or relating to, any and all rights, claims and causes of action whatsoever that you may have, or which may arise, against any of the foregoing for any matter or cause whatsoever, including without limitation, any injuries, loss or damage of any kind, whether direct or compensatory, incidental, consequential or otherwise to any person, including death, and property damage, arising in whole or in part, directly or indirectly, from your participation in any Developer Contest-related activity, or your participation in the Developer Contest.

IA reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Developer Contest; to be acting in violation of the Official Rules; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE DEVELOPER CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, IA RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

If for any reason this Developer Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of IA, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Developer Contest, IA reserves the right to cancel, terminate, modify or suspend the Developer Contest. If the Developer Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at http://www.instantaction.com.

ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE DEVELOPER CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, IA RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM THOSE RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.

5. LIMITATIONS OF LIABILITY

IA DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ITS WEBSITES. IA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR ENTRY TO BE RECEIVED BY IA ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF.

IA IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE DEVELOPER CONTEST. IA IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS' OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS DEVEOPER CONTEST.

IN NO EVENT WILL IA OR ITS PARENT COMPANIES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, OFFICERS, VENDORS, ADVERTISING AGENCIES AND PROMOTION AGENCIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS DEVELOPER CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING IN THIS DEVELOPER CONTEST IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

6. DISPUTES

As a condition of participating in this Developer Contest, you (and if a minor in his/her state of residence, your parent/legal guardian) agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Developer Contest, or any prizes awarded, or the determination of the Winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Developer Contest), and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations or IA's IA's rights and obligations in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City of New York, County of New York.

7. PRIZES

(1) Grand Prize - The winner of the Grand Prize will receive a publishing contract with InstantAction pursuant to which the winner's submission will be published on the website www.instantaction.com. Winner must enter into a standard IA publishing contract and adhere to all terms and conditions of that agreement. The winner will also receive one (1) license to Unity Pro with Asset Server ($1,999 USD value) and one (1) Torque Engine Suite, which includes Torque Game Builder, Torque Game Engine, Torque Game Engine Advance, Torque X Pro, Torsion, Torque Network Libraries, and art content packs ($1340 USD value). First Prize (2) - Two (2) First Prize winners will be selected to receive one (1) Unity Indie license ($199 USD value) and a Torque Game Engine Advance Indie license with Torsion ($335 USD value). Other prizes may be announced at a later date.

Any winner of a prize in the Developer Contest will be solely liable for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Prizes are not transferable. No cash redemptions. No substitutions, except by IA who reserves the right to substitute a prize of equal or greater value in its discretion. Limit one prize per household.

8. WINNERS LIST

To obtain a copy of any winners list, send a self-addressed stamped envelope to "2008 InstantAction Game Developer Contest" Winners List / GarageGames / 245 West 5th Ave. / Eugene, OR 97401. The names of winners will also be announced on February 28 , 2008 and will be posted at [www.InstantAction.com].

9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF

Each entrant (and if a minor in his/her state of residence, your parent/legal guardian) hereby acknowledges and agrees that the relationship between the entrant and IA is not a confidential, fiduciary or other special relationship and that the entrant's decision to provide a submission for purposes of the Developer Contest does not place IA in a position that is any different from the position held by members of the general public with regard to elements of the entrant's submission. Each entrant understands and acknowledges that IA has wide access to ideas, stories, designs and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to such entrant's submissions and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of IA's use of any such similar or identical material that has or may come to IA from other sources. Each entrant acknowledges and agrees that IA does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of entrant's copyright in and to such entrant's submission.

10. QUESTIONS

Questions can be sent to ContestQuestions@garagegames.com or you may post a question in the comments section of this website and we will post a response as soon as possible.


1) Submission Deadline: All entries must be submitted by February 18, 2008 to the following email address: gamedevcontest08@garagegames.com.
2) All entries must include at minimum a playable demo to be considered.
3) All entries must be multiplayer, or include an extensive multiplayer component.
4) All entries must be playable on Windows XP or Vista.
5) Contestants are free to use the technology of their choice for the creation of their game.
6) Entries may include games in progress or previously completely games.
7) Entries must be submitted in .zip or similar file types.

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