1. These terms and conditions are the Competition Rules ("Rules") and apply to competitions on The Game Creators "Sites"(which include www.thegamecreators.com, www.fpscreator.com and www.fpscreatorx10.com) ("Competition"), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.
2. The Competition is organised by The Game Creators Ltd of 4 Nancy View, Bollington, Cheshire, SK10 5QG, United Kingdom ("TGC").
3. TGC reserves the right to cancel or amend the Competition or the Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside TGC's reasonable control. Any changes will be posted within these terms and conditions.
4. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of TGC shall be final and no correspondence or discussion shall be entered into.
Qualifying Entrants
5. Employees (or members of the families or households of employees) of TGC or any company involved in the Competition or, if relevant, or any advertising agency or web company connected with the Competition or any such person's subsidiary or associated companies, are not eligible to enter the Competition. TGC reserves the right not to award a prize (and to select an alternative winner) if TGC is aware or has reasonable grounds to believe that a winner is not eligible.
6. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. TGC reserves the right to verify the eligibility of all entrants.
7. The address you provide with your competition entry ("Entry") will be used to send any prizes so please make sure this is correct. You are not entitled to enter the Competition if you are resident in a country or jurisdiction where the Competition may breach any law or regulation. Where this applies, TGC's invitation to enter the Competition in such country and/or jurisdiction is withdrawn.
8. TGC assumes that by using the website and entering the Competition (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition and these Rules.
9. TGC reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.
10. In the event that any entrant is disqualified from the Competition, TGC in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.
11. Entry is online via this competition form only.
12. Entrants must be 13 years of age or older.
13. By entering this competition you agree that you have read and accept TGC's terms and conditions and privacy policy.
14. Game Apps must be created with either DarkBASIC Professional or Dark GDK.
15. Game Apps can be a maximum size of 250MB in their compressed state
16. Game Apps must not include an 'installer' of any kind.
17. Game Apps should be submitted archived in the .ZIP format.
18. Game Apps must be submitted compiled (final EXE version) with all required media
19. Game Apps must run at 1024 x 600 resolution (Netbook res).
20. You agree to make the game source code available for review should we request it.
21. You are allowed to use any DarkBASIC Professional or Dark GDK plug-ins (DLLs).
22. Any and all assets, artwork and materials must be the property of the author; use of proprietary third-party intellectual property including copyrighted or trademarked materials is prohibited, unless prior written permission can be supplied.
23. Entrants may submit entries at any time after first entry date and can update existing entries at any time until the final submission.
24. Entrants may submit multiple entries, but may only win one prize.
25. Entrants may withdraw any of their entries from consideration up to the entry deadline.
Competition Entries
26. Competition entries must be made in the manner and by the closing date and time: 3rd October 2010 at 12PM GMT. Failure to do so will disqualify the entry.
27. There is no purchase requirement to enter a Competition and there is no charge to register for use of the website. However, you need to register the application with the Intel Atom Developer Program.
28. Proof of posting or emailing cannot be accepted as proof of delivery. TGC cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to Entries, or Entries lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside TGC's control.
29. Entrants should note that unless stated otherwise, TGC does not accept responsibility for the return of any Entries.
Prizes
30. The Prize winners will be announced within 14 days after the closing date of the competition. Winners will have their prize posted to the address they have submitted in the entry form and all entrants must ensure that this is the correct address for the prize to be sent to. In all matters, the decision of the judge(s) and TGC shall be final and no correspondence or discussion shall be entered into.
31. Prize winners will be notified by email within the 14 days after the closing date (and may be contacted by TGC or TGC's nominated supplier(s)). Return of any prize notification as undeliverable or failure to reply as specified (and within the time stated) may result in disqualification and selection of an alternate winner. Competition winner(s)' names may be published on the website.
32. Prizes are non-transferable and there is no cash alternative. TGC reserves the right to substitute prizes of equal or greater value at any time.
Intellectual Property Rights & Use of Entries
33. TGC does not, unless we agree this with you, claim any rights of ownership in your Entry. As such, you retain ownership of your Entry and, although TGC will be able to use Entries as set out in the Rules, you will also have the right to use your Entry in any way you choose.
34. In consideration of TGC agreeing to consider entrants to the Competition, each entrant hereby agrees that TGC (and third parties authorised by TGC) may publicise any and all Entries available on the website and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that Entries may be made available with advertising and/or sponsorship. You now grant TGC (and third parties authorised by TGC) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Entry) to publicise and promote Entry for such purposes.
35. TGC does not guarantee to publicise any Entry. TGC may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.
36. Your Entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, TGC reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
Liability
37. TGC cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. TGC is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude TGC's liability for death or personal injury as a result of its negligence.
Data Protection and Publicity
38. Winners may be requested to take part in promotional activity and TGC reserves the right to use the names of winners and "screen shots" and "video" of their Entry in any publicity.
39. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual's prior consent. The Intel Atom Developer Program may ask you to provide your personal data upon registration. The Intel privacy policy and the Intel Atom Developer Program terms and conditions shall apply to your personal data. Please see TGC's privacy policy for further details. Data relating to entrants will be retained by TGC for a reasonable period after the Competition closes to assist TGC to operate competitions in a consistent manner and to deal with any queries on the Competition. TGC will share the prize winner's details with Intel so that Prizes can be despatched to the winners of the competition.
Jurisdiction
40. The Competition and Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. TGC makes no representation that materials on the Site relating to this Competition are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom, you are responsible for compliance with all local laws.
Last updated 19th July 2010