TERMS AND CONDITIONS - COMMUNITY SHOWCASE COMPETITION

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

1. SPONSOR 

Opera Norway AS, P.O. Box 4214 Nydalen, NO-0401 Oslo, Norway

YoYo Games Limited, located at One Fleet Place, London, United Kingdom, EC4M 7WS

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

Any personal information collected from Entrants in connection with the Community Showcase Competition (“Contest”) will be used by YoYo Games and its affiliates, in accordance with Sponsor’s Privacy Policy . By participating in the Contest, the entrant (“Entrant” or “you”) agrees to be bound by the Official Rules (“Rules”) of this Contest. 

3. ELIGIBILITY

While we strive to make entry into the Contest possible for as many creators as we can, your local laws may prevent your participation in this Contest. Because of this, only people who (i) are residents of a jurisdiction where entry in the Contest is not prohibited by law, and (ii) are the age of majority in their jurisdiction of residence at the time of entry are eligible to enter.  

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

All eligibility is subject to all federal, state, and local laws and regulations. Your Entry may be discarded if we determine that it would be unlawful in the laws of your jurisdiction

4. CONTEST PERIOD

The Contest begins on Thursday, Sept 30 2021 at 12:01 AM Central European Time (“CET”) and ends on Thursday, October 21, 2021 at 11:59 PM CET (the “Contest Period”). The Sponsor's computer will be the official clock for the Contest. To win a Prize, all Entries must be received during the Contest Period.

5. HOW TO ENTER

An Entrant may submit multiple entries (each, an “Entry”). Entries may be created by teams (a “Team”).

To enter the Contest and obtain 1 Entry: 

If you do not currently have an Opera account (your “Account”), go to https://auth.opera.com/account/login and become a Member for free by clicking on the “Registration” link and providing the information requested (which may include your name, username, valid email address and acceptance of the YoYo Games Terms of Use and Privacy Policy).

Develop your Competition entry according to the submission guidelines below. 

During the Contest Period, follow the instructions on the Competition page located on dc.gxc.gg to upload your entry, including all assets, executable files, and other materials required for a user to play your Entry (together, these materials are called your “Submission”). The Opera account that actually uploads the Submission, and the personal information associated with it, will be considered the “Entrant.”

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

Note: lf an Opera account is required for entry into the Contest, and all Submissions must comply with the Submission Guidelines below. Failure to comply with these guidelines will result in disqualification. All entry components, including Submissions, will be considered part of the Entry.

Submission Guidelines:

The Submission must be created in its entirety using GameMaker Studio 2. No other game engines are allowed to be used and, if requested, you must provide the GameMaker Studio 2 project file for the game.

Submitted games must be free to play, without any charges.

The Submission must be the Entrant’s original work and owned 100% by the Entrant. If the Submission is created by a Team, each Team member’s contribution must be their original work and owned 100% by the Team member for submission to the Contest. 

You may not submit any “fan” games – this means no games which use or are based on any third-party intellectual property.

If you have permission or a license to do so, the Submission may use (i) existing programming frameworks and libraries and (ii) pre-made music and sound assets.

Entrants should remember to tag the games with the categories in which they can want to be judged on. ( See section 8) Entrants can select up to 3 categories for their game. 

Additionally, the Submission may not contain any of the following:

- personal information (e.g., email address, name, phone number, Opera account details);

- disparaging or libelous remarks about any individuals, organizations, brands or companies;

- information known by Entrant to be false, inaccurate, or misleading, including false, inaccurate, or misleading claims about Sponsor or its products;

- unauthorized reference, to or depiction of, the name or likeness of any public or private person;

- unauthorized reference to, or depiction of, any content or brands owned by any third party or entity or that otherwise infringes any third party’s copyright, trademark, trade secret, right of publicity, right of privacy, including, without limitation, music lyrics, brand names, logos, taglines, slogans, or artwork;

- advertisement or commercial solicitations;

- material that is inappropriate or unsuitable, in Sponsor’s sole discretion, including anything that is inappropriate, indecent, profane, obscene, hateful, tortious or offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group;

- material that violates any law or regulation;

- material that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group;

- material for which the Entrant has been or will be compensated by any third party;

- material that encourages the commission of a real-world civil or criminal offense;

- material that unlawfully impersonates another person or entity; and

- any viruses, worms, bots, spyware, malware, or any other computer code that is intended to damage, interfere with, or intercept or expropriate any system, data, or information.

Entrant promises that Entrant’s Submission complies with the Submission Guidelines. 

Further, Sponsor may display all Entries on Sponsor’s website and other Contest-related websites in accordance with the Grant of Rights set forth in Section 6. Subject to the Grant of Rights set forth in Section 6, however, all Entries submitted are the Entrant’s property.

6. GRANT OF RIGHTS

By participating in this Contest, the Entrant grants to Sponsor, Sponsor’s licensees and assigns, a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, distribute, and display Entrant’s Submission in whole or in part and otherwise exploit the Submission in all media now known or hereafter devised throughout the universe in any way Sponsor sees fit related to the Contest, its operation, and its advertising and promotion. If necessary, the Entrant (and any Team members who contributed to the Submission) will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights the Entrant is granting Sponsor and others in the Section.

Entrants also agree that any creative ideas, suggestions, or other materials you submit in connection with this Contest, in any form, are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Sponsor in any way, and that you have no expectation of review, compensation, or consideration of any type.

7. ENTRANT IDENTITY

If there is a dispute over the identity of an Entrant, the natural person who is assigned to the Opera account used in connection with the Entry will be treated as the Entrant (the “Authorized Account Holder”). Each potential winner (individually, a “Winner,” collectively the “Winners”) may be required to show proof of being the Authorized Account Holder of the Account associated with the Entry. It is solely your responsibility to update your Account and notify Sponsor in writing if you change your email address or other identifying information contained within your Account. Multiple Entrants may not share the same Account.

8. JUDGING

The Sponsor will review all Entries for compliance with these Rules. At the conclusion of the Contest Period, on or about October 21 , 2021, the qualifying Submissions will be judged by a panel of judges composed of GameMaker and Opera GX team members (the “Judges”). The judges will score the best in class for the following categories: 

  • - Best Action
  • - Best Arcade
  • - Best Platformer
  • - Best Puzzle
  • - Best Multiplayer
  • - Best Art Direction
  • - Best Soundtrack
    - Best Level Design
  • - Most Engaging

The judging and final determination of the Winners will be in the sole discretion of the Judges. The Judges may extend the Contest Period or not award the Prizes if they determine, in their sole discretion, that the Entries received did not meet the qualification standards based on the Judging Criteria.

9. WINNER NOTIFICATION AND ANNOUNCEMENT

The potential Winners will be notified on or about October 30, 2021 via email or through their Opera account, in Sponsor’s sole discretion. Sponsor will not be liable for any potential Prize-winning notification that is lost, intercepted, or not received by any potential Winner for any reason. Potential Winners (including each individual Team member) may be required to sign an Affidavit of Eligibility/Liability-Publicity Release or other applicable documents.

If any potential Winner: 

- does not respond within 48 hours of the first notification attempt;

- is found to be ineligible or any reason;

- fails to execute and return by US Mail or electronic mail all Sponsor-requested documents (collectively, the “ Affidavits ”) within 3 days after transmission;

- fails to return a prize notification, or declines a prize for any reason; or

- fails to comply with these Rules or the Terms of Use, 

Then that potential Winner will forfeit their Prize and the Sponsor may select an alternate Winner from the remaining eligible Entries based on the Judging Criteria in Section 8. 

The results and winning Entries will be announced on the https://www.yoyogames.com website no later than October 30, 2021.

10. PRIZES

Only the Prizes listed below will be awarded in this Contest.

The five winners of each category will receive the prize of $1000 USD each. 

11. PRIZE CONDITIONS

Sponsor is not responsible for lost Prizes or stolen Prize certificates or redemption letters.

Winners are responsible for all local, state, and federal taxes. For U.S. residents, the value of the Prizes will be treated as income to the Winners and a 1099 will be issued for any Prize valued at $600 or more. Prizes are not transferable. No substitution is allowed except, at Sponsor’s sole discretion, a Prize of equal or greater value may be substituted for any reason. If a Prize component is not available for any reason, the remaining elements of the Prize will constitute full satisfaction of Sponsor’s prize obligation to Winner and no additional compensation will be awarded. The Prizes cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. Certain Prizes may be shipped or fulfilled separately to the Winner directly from our Promotional Partners.

Prize collection is subject to completion of a prize claim form and provision of necessary information.

In a situation where the winning submission is a work of a team, the Prize will be given to the person who uploaded it onto the platform, and the responsibility to divide it among other members is solely theirs. 

Prize collection will not be paid out if the Winner comes from a jurisdiction where such collections are not prohibited by law and regulation. 

12. DISQUALIFICATION

Sponsor may in its sole discretion disqualify any individual who Sponsor determines to be: 

- Tampering with the entry process or the operation of the Contest. 

- Acting in an unsportsmanlike or disruptive manner. 

- Disrupting or undermining the legitimate operation of the Contest. 

- Annoying, abusing, threatening, or harassing any other person. 

- Offering prizes or other inducements to Judges. 

- Vote farming or engaging in any other activity that artificially inflates an Entrant’s score.

- Violating these Rules in any manner whatsoever otherwise.

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

13. FORCE MAJEURE

If an insufficient number of eligible entries are received or Sponsor is prevented from awarding prizes or continuing the Contest as contemplated in these Rules by any event beyond its control (“Force Majeure Event”), then Sponsor will have the right to modify, suspend, or terminate the Contest. A Force Majeure Event includes, but is not limited to, a fire, flood, natural or artificial epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), or any federal, state, or local government law, order, or regulation, public health crisis, or order of any court or jurisdiction. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the Winners from all eligible, non-suspect Entries received as of the date of the Force Majeure Event giving rise to the termination. Inclusion in such a selection process will be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of Prizes described in these Rules will be awarded.

14. PUBLICITY RELEASE

Acceptance of any Prize constitutes each Winner’s permission for the Contest Entities to use that Prize Winner’s name, photograph, likeness, name, biographical information, statements and Prize information, including those of each Team member (collectively, the “Attributes”), for advertising and publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Contest Entities from all claims arising out of the use of such Attributes.

15. DISCLAIMERS

The Contest Entities will not be responsible for: 

- Any late, lost, misrouted, garbled, or distorted or damaged transmissions or entries. 

- Telephone, electronic, hardware, software, network, Internet, or other computer-related or communications-related malfunctions or failures.

- Any Contest disruptions, injuries, losses, or damages caused by events beyond Sponsor’s control or by non-authorized human intervention. 

- Any printing, display, or typographical errors in any materials associated with the Contest. 

- All Prizes are awarded “as is” and without warranty or guarantee of any kind, express or implied (including, without limitation, any implied warranty of merchantability), including any Opera GX offline placement.

16. GENERAL RELEASE

By entering the Contest, each Entrant, for Entrant and for Entrant’s heirs, executors, administrators, successors and assigns: 

Releases and holds harmless the Contest Entities from any liability whatsoever, and waives any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising, directly or indirectly, out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. 

Agrees that the Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose or results. 

Agrees to be bound by these Rules and to waive any right to claim any ambiguity or error in these Rules or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final.

17. DISPUTE RESOLUTION

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

18. LIMITATION OF LIABILITY

All disputes, actual or alleged claims and causes of action at law or in equity (“Claim(s)”) will be resolved individually, without resort to any form of class action.

Notwithstanding anything to the contrary in these Rules, in connection with any Claims, judgments and awards, Entrant waives all rights to attorneys’ fees, punitive, incidental, special, consequential damages, and to any multiplied damages.

In no event will Entrant be entitled to recover any expenses other than reasonable and actual out-of-pocket expenses.

Sponsor’s entire liability and your sole and exclusive remedy will be limited to a distribution of the equivalent amount of Prizes set forth in these Rules.

19. MISCELLANEOUS PROVISIONS

If any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained in the Rules.

All Claims arising out of or relating to this Contest, including, without limitation, the interpretation of the Rules or any Prize awarded will be resolved by applying the laws of Seattle, USA, without regard to conflict of laws, and will be solely and exclusively brought in the state or federal courts within the state of Washington.

20. WINNER’S LIST; RULES REQUEST

For the Winner List, send an email with subject line: “Community Showcase Contest Winner List Request” to support@yoyogames.zendesk.com after October 30, 2021

To obtain a copy of these Rules before, send an email with subject line: “Community Showcase Contest Official Rules Request” to support@yoyogames.zendesk.com