RULES AND WAIVER
Under the GUI Academy Inc. PixelPAD (the “ Host ”) is hosting the March Break Game Jam (the “ Game Jam ”) taking place virtually beginning on March 11, 2021 and ending on March 25, 2021. Further details and background information are available on the Game Jam website at PixelPAD.io/gamejam (“ Website ”).
By entering the Game Jam, each Participant (as defined herein) and their parent or legal guardian agree to the following rules, including without limitation the limitations of liability and waiver set forth below (the “ Rules ”).
ANY PARTICIPANT WHO DOES NOT AGREE TO THESE RULES, OR WHOSE PARENT OR LEGAL GUARDIAN DOES NOT AGREE TO THESE RULES, MAY NOT PARTICIPANT IN THE GAME JAM.
The entry period for the Game Jam begins on February 1, 2021 and ends on February 28, 2021 (the “ Entry Period ”). To be eligible, the registration portion of the Game Jam Entry (as defined herein) must be submitted during the Entry Period.
The Game Jam is open to any individuals that each meet the following criteria at the time of entry (each, a “ Participant ”):
A parent or legal guardian of each Participant must electronically complete and sign the Rules provided on the Website on their behalf and on behalf of the Participant (each, a “ Game Jam Entry ”). Reference to a Participant agreeing to these Rules, including the waiver and limitations of liability set forth below, includes a reference to the parent or legal guardian of the respective Participant agreeing to such Rules on their behalf and on behalf of the Participant.
No purchase necessary.
A Participant may enter the Game Jam at any time during the Entry Period by completing the Game Jam application form available on the Website.
For the purposes of these Rules, all of the pre-existing or randomly formed teams of Participants are a “ Participant Group ”. By virtue of a Game Jam Entry, each Participant consents to their contact information being shared by the Host with the other Participants in the Participant Group.
Participants agree to actively participate in the Game Jam and understand and acknowledge that their participation in the Game Jam is completely voluntary. By entering the Game Jam, the Participant agrees that they will follow each of the Rules, are bound by the limitations on liability and will not be compensated for participating in the Game Jam.
By submitting work completed during the allotted time of the Game Jam (the “ Work ”), the Participant represents and warrants the following: (a) the Participant (and no other team member in the Participant’s Participant Group) will not submit content that is copyrighted, protected by trade secret, or otherwise subject to third party intellectual property rights or other proprietary rights, including privacy and publicity rights, unless the Participant is the owner of such rights or has permission from their rightful owner to post the content and to grant the Host all of the rights granted herein; (b) the Participant will not publish or speak falsehoods or misrepresentations that could damage the Host, or any third party (including on any media channels); (c) the Participant will not submit content or make any comments (including on media channels) that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or destructive to the Host’s brand image or goodwill; and (d) the content submitted by Participant does not contain any viruses, Trojan horses, worms, or other disabling devices or harmful code.
By entering the Game Jam, the Participant agrees the Participant and their respective Participant Group will comply with these Rules and with the decisions of the Host, which decisions are irrevocable and are legally binding in all matters related to the Game Jam.
By entering the Game Jam, the Participant agrees that references to the “Host” in these Rules includes, without limitation, any employees, contractors, or volunteers (including mentors) of the Host.
Any prizes awarded in the Game Jam must be accepted as awarded and are not transferable, assignable, or convertible to cash.
If for any reason the Game Jam is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, pandemic, order of the government, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, safety or proper conduct of the Game Jam, the Host reserves the right to cancel, suspend and/or modify the Game Jam, or any part of it, and disqualify any individual or entity who is responsible for such action. If terminated, the Host may, in its sole and absolute discretion, determine the winner from among all eligible Game Jam Entries received up to time of such action in the Host’s sole discretion.
The Host and its authorized agents will collect, use, and disclose the personal information provided upon registration and entry into the Game Jam for the purposes of administering the Game Jam and prize fulfillment. By accepting a prize, all winning Participants consent to the publication and use of their name, address (city, province), voice, statements, photographs, image and/or likeness, logo, trademark in any form, manner or media whether now known or hereafter devised, including, without limitation, in print, radio, television and on the Internet for any purpose in connection with the Game Jam including, without limitation, for the purposes of advertising and trade, and promoting the Host and /or Game Jam, without further notice or compensation.
By entering the Game Jam, Participants agree and acknowledge that the Host’s End User License Agreement (the “ EULA ”), a copy of which can be found online at https://pixelpad.io/eula governs all use of the PixelPAD.io software application and associated course materials, accounts, websites, and cloud storage services (the “ Software ”), including each Participant’s use of the Software in connection with the Game Jam. Among other matters: (a) for public domain material and personal information, all Content (as defined in the EULA) are protected by copyright and other laws and are, will be, and will remain the sole and exclusive property of the Host, its affiliates, its licensors, or their respective successors and assigns; and (b) any and all data, performance metrics, analytics, reports, know-how, or other information related to the functionality or performance of the Software, regardless of how, when, or by whom they are created, are, will be, and will remain the sole and exclusive property of the Host, its affiliates, its licensors, or their respective successors and assigns. In the event of a conflict between these Rules and the EULA, the terms of the EULA shall prevail.
Each parent and legal guardian completing and agreeing to these Rules recognize that their respective Participant’s participation in the Game Jam may expose the Participant and their property to risks. The Participant’s participation demonstrates the parent or legal guardian’s understanding of the risks. The parent or legal guardian hereby assumes all of the risks of their respective Participant’s participating and/or volunteering in the Game Jam, including, but not limited to, any risks that may arise from negligence or carelessness on the part of the persons or entities being released below, and/or from equipment or property owned, maintained, or controlled by them or others.
In exchange for an opportunity for the Participant to participate in the event, their parent or legal guardian assumes all risk and hereby releases and further agree to indemnify and hold harmless the Host, its present and former affiliates, officers, directors, trustees, agents, sponsors, suppliers, employees, organizers, and event chaperon(s), and their respective governing boards, officers, directors, trustees, legal representatives, members, employees, volunteers, officials, agents, legal counsel, and suppliers (individually and collectively, the “ Released Parties ”) from any and all claims, demands, suits, judgments, damages, actions, and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that the Participant may suffer at any time arising from or in conjunction with my participating in the Game Jam, including any injury or harm to the Participant, the Participant’s death, or damage to the Participant property. Such parent or legal guardian agrees to defend, indemnify, and save the Released Parties harmless from and against any and all such liabilities. The parent or legal guardian acknowledges and agrees that the Released Parties are NOT responsible for the errors, omissions, acts, or failures to act of any third party or entity conducting a specific event or activity on behalf of the Host. The parent or legal guardian indemnifies and hold harmless the Released Parties from and against any and all claims related to the Participant for injuries, accident, illness, or death, or any loss or damage to personal property arising out of, directly or indirectly, participation in the event and/or rendering or failure to render medical treatment, including claims based on any form of negligence on the part of the Released Parties. If any provision of these Rules, including this waiver and release, are found to be void or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of these Rules shall remain operative and binding on all parties to these Rules.
The Released Parties are not liable for any consequential, punitive, secondary, speculative, special, or incidental damages. The parent or legal guardian acknowledges that they and the Participant are responsible for respecting volunteers, participants, representatives, and officials of the Host and that the parent or legal guardian will conduct themselves and the Participant will conduct himself/herself in a manner in accordance with these Rules deemed appropriate by the Host and refrain from misconduct. The parent or legal guardian acknowledges and agrees that the officials of the Host have the right to remove the Participant from the event at any time for any reason at their discretion.
The Participant hereby assumes all of the risks of participating in the event, including but not limited to any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
No liability or responsibility is assumed by the Host resulting from the Participant’s participation in or attempt to participate in the Game Jam or ability or inability to upload or download any information in connection with the Game Jam. No responsibility or liability is assumed by the Host for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Game Jam: hardware or software errors; faulty computer, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Website or Host website in whole or in part for any reason; traffic congestion on the Internet or the Website or Host website; unauthorized human or non-human intervention of the operation of the Game Jam, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Game Jam, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Game Jam. The Host is not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Game Jam, the uploading, the processing of Game Jam Entries, the judging of the Work, the announcement of any prizes or in any Game Jam-related materials. Use of the Game Jam Website and Host website is at user’s own risk. The Host is not responsible for any personal injury or property damage or losses of any kind which may be sustained to the Participant, any member of the Participant Group or any other person resulting from participation or attempt to participate in the Game Jam.
By participating in the Game Jam, the Participant agrees: (a) to release the Host from any and all claims, damages, or liabilities arising from or relating to the Participant’s participation in the Game Jam; (b) under no circumstances will the Participant be permitted to obtain awards for, and the Participant (individually or as part of the Participant Group) hereby waives all rights to claim, punitive, incidental, consequential, or any other damages; and (c) all causes of action arising out of or connected with this Game Jam, or any prize awarded, shall be resolved individually, without resort to any form of class action.
By accepting any prize in the Game Jam, Participant agrees that the Host will have no liability whatsoever for, and shall be held harmless by all Participants against, any liability for injuries, losses, or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Game Jam or from the acceptance, possession, misuse or use of any prize. The Host is not liable in the event that any portion of the Game Jam is canceled due to weather, fire, strike, pandemic, order of government, acts of war or terrorism, or any other condition beyond their control.
ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN PARTICIPANT GROUP MEMBER, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE GAME JAM WEBSITE AND/OR THE TITLE SPONSOR WEBSITE OR INTERFERE WITH THE OPERATION OF THE GAME JAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE HOST RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
The Game Jam is governed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The Host reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance with these Rules or for any other reason. In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Game Jam-related materials, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.