T&C - Live Wallpaper Jam

TERMS AND CONDITIONS - LIVE WALLPAPER JAM

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 Vitaminveien 4,0483 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 Live Wallpaper Jam (“Contest”) will be used by Opera 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 (excluding: game developers, designers, composers and graphic designers who we have worked with Opera Norway AS and Yoyo Games Limited in the past on mods and/or live wallpapers), 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 participation in the contest may be discarded if we determine that it would be unlawful in the laws of your jurisdiction

4. CONTEST PERIOD

The Contest Period begins on 18.04.2024, and ends on 02.05.2024. 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

Creators enter the Contest by submitting their Live Wallpapers on GX.store. To upload your Live Wallpaper, open GameMaker and choose your game project. Select the Opera GX target and start the upload process. Then go to GX.store DevCloud to edit your wallpaper’s details and publish it. On the wallpaper metadata page, add the Live Wallpaper Jam tag, click save, and your wallpaper will be entered into the competition.

All further information, including: timeline, rules, prizes, technical details, guidelines and FAQ may be found on Live Wallpaper Jam page

Normal Internet access and usage charges imposed by your Internet service may apply.

6. 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.

7. WINNER NOTIFICATION AND ANNOUNCEMENT

The potential Winners will be notified around May 2024 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.

The results and winning Entries will be announced on the GameMaker Blog.

8. PRIZES

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

Creators of 20 (twenty) best Live Wallpapers, chosen by the GX and GameMaker team, will receive a prize of $1,000 USD.

In order to receive the Prizes, the participants have to adhere to the following rules:

Submitted Live Wallpaper assets must be 100% created by the participants.
The Live Wallpaper must be made using GameMaker.
The Live Wallpaper must adhere to the theme, which will be revealed on TBA.
The Live Wallpaper must be uploaded to the GX.store before TBA.
Live Wallpapers must be uploaded to GX.store with an appropriate “Live Wallpaper Jam” tag.
Live Wallpapers using licenced characters, music or visuals will not be accepted.
Live Wallpapers with themes of illegal activities, racism, sexism, homophobia, or other forms of bullying will not be accepted.
The use of AI art is heavily discouraged for this jam and any Live Wallpaper that uses generated AI art will not be considered for a prize.

9. 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 prohibited by law and regulation.

10. 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.

11. 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.

12. 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.

13. 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).

14. 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.

15. 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.

16. 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.
These Terms are governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. All actions or proceedings arising under or related to these Terms must be brought in the Oslo City Court, and each party hereby agree to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings.
We reserve the right to make any changes to the contest period including but not limited to the frequency the contest takes place or cease operating the contest.

17. WINNER’S LIST; RULES REQUEST

For the Winners List, please check the GameMaker Blog.

To obtain rules, please check the Live Wallpaper Jam page.