Rules and Guidelines

All participation in the International Mobile Gaming Awards (the Competition) is subject to these Rules and Guidelines and all applicable laws and regulations.
All Participants must read these Rules and Guidelines carefully prior to entering the Competition. By entering the Competition Participants accept and agree to these Rules and Guidelines without limitation or qualification.

If Participants do not accept and agree to these Rules and Guidelines without limitation or qualification they may not enter the Competition.

The Organizer reserves the right to dismiss and/or disqualify without any liability at any time with immediate effect any Participant who tampers with the operation of the Competition or Competition web site or violates the Rules and Guidelines or any other applicable laws and regulations.

1. The organizer

The Competition is organized by:
NCC s.a.r.l. 25 Cours Honoré d’Estienne d’Orves 13001 Marseille FRANCE
Place of registration: Marseille, France Chamber of Commerce registration nr. B 447 81 65 62

2. Eligibility

The Competition is open to everybody, both legal entities and individuals, with the exception of the employees of the Organizer, their immediate family (spouse, parents, siblings, and children) and/or household members and any individuals or legal entities registered in Iran, Syria, North Korea, Sudan and/or Myanmar may not participate in the Competition. The International Mobile Gaming Awards is a competition for recently published and unpublished mobile games. Therefore, games that are published before 1 January 2012 are not eligible. However, concepts and demos of games are eligible if the entrants can provide a playable demo or finished game before 15 March 2013.

3. Duration of the Competition

The Competition begins at 9:00 AM CET (Central European Time) on 4 October 2012 and will end at 6:00 PM CET on 28 March 2013 with the announcement of the winners.

Deadline for entries is set on january 14 2013, 6.00 PM CET.

The Organizer reserves the right to shorten, extend, modify, or cancel the Competition at its sole discretion, at any time. The Organizer will disqualify any Entries (as defined below) received after the Deadline for entries.

The Participant may withdraw from the Competition before the due date by giving the Organizer written notice by using the contact form on the Organizer's website.

The Organizer reserves the right to change the schedules, milestones and prizes at its sole discretion, at any time.

4. Competition entries, format and submission

The Participant may submit as part of their entry into the Competition various content and material, including written descriptions, audiovisual works and software code (Entry). Every entry must consist of at least the following elements:

  • a completed entry form
  • a description of the game
  • three pictures or stills
  • a video showing the gameplay of the entry

Competition Entries must consist only of the Participant's own original work or, if the entry contains original work of third parties, the Participant must have obtained a written permission from these third parties to enter the Competition. All Competition Entries must be made in the English language. To be eligible for the Competition, all Competition Entries must comply with the above qualifications and be submitted in electronic form via the submission tool at the official Competition website www.imgawards.com.

Competition Entries may not be submitted via any other method. The Organizer will not review and will return or dispose of, at the Organizer's discretion, any Competition Entries submitted to any other address or via any other method. Further, submission via other methods will cause the Participant's Entry to be dismissed from the Competition.

5. Judging of the Competition

The Competition will be judged by an international jury of industry experts (the Jury). The Jury will consist of experts in the fields of mobile devices, entertainment, software development, telecommunications and/or technology innovation invited to the jury by the Organizer. No employees of the Organizer or its affiliates participate in the judging of the Competition.

The Jury will evaluate each Competition Entry at its sole discretion, using such criteria as the Jury deems appropriate. The Jury decides at its sole discretion which prizes to award and may decide not to award any, some or all of the prizes announced for the Competition. The Jury will only disclose the Winning Competition Entry, if any, to the Organizer.

After the Jury has announced the Winning Competition Entry, if any, its decision is final and the Participant may not contest the external review board's decision or submit the decision to any appeal or otherwise dispute it.

6. Awards and Prizes

AWARDS

  • Category Awards

    There will be an awards for each one of the six categories. These categories will be announced later

  • Grand prix

    When the jury has decided who the winners are in each category, they will have a discussion on the choice of the Grand Prix. The decision on the Grand Prix winner has to be made unanimously.

  • Jury's Honorable Mention

    During the second round of judging, the panel of jury will choose and decide one of the best among the 30 nominees that they deemed deserve to be awarded.

  • People's Choice Award

    As soon as the nominees are known, the public will be invited to vote for their favourite game. The game with the most votes will receive the People's Choice Award.

PRIZES

A total of One Million EURO of Gross Media will be granted to the Grand Prix winner and the Category winners

Provisions concerning the offering of the media package:

In the event that the winner meets the above-mentioned requirements, the Media Package offered by ProSieben Games to the winners will be as follows:

  1. ProSieben will offer the winner the opportunity to create an online editorial article for one, part or all of its online platforms (such as www.prosiebengames.de, www.sat1spiele.de, www.kabeleins.de etc.) at its own discretion in order to promote the winning game and the winner.
  2. ProSieben Games will furthermore offer the winner the opportunity to promote his/her winning game via its television channels (such as ProSieben, Sat.1 and others). ProSieben Games will therefore provide to the appropriate winner the following gross TV media amount calculated in accordance with the respectively valid general price list and the general Terms and Conditions of SevenOne Media GmbH:
    • 100.000 € (Gross Media) to the Category winners
    • 400.000 € (Gross Media) to the Grand Prix winner
    It is acknowledged between the Sponsor and the appropriate winner that:
    • the time, placement and manner of the broadcast of the TV advertisement will be decided by ProSieben Games at its own discretion (Run of Station), i.e. if all advertising slots of the TV stations of ProSiebenSat.1 are fully booked the air times of the campaign will be adapted accordingly; the campaign budget will remain unchanged;
    • the Media Package may not be transferred to third parties or related to games other than the winning game;
    • any promotional activities for the winning game will only refer to the PSD websites; other brands and/or brand names of third parties or other domains will not be promoted,
    • after the expiration of this Media Package (TV advertisement campaign) offered by ProSieben Games to the winner, the winner must give ProSieben Games the opportunity to make a commercial offer for the promotion of the winning game; the winner agrees to negotiate with ProSieben Games and to attempt to reach an agreement in good faith,
    • The winner will produce the TV commercial for the winning game at his/her own expense in compliance with the ProSieben Games specifications concerning such a TV commercial.
    • If possible and suitable for the promotion of the winning game ProSieben Games will promote the winning game via the ProSiebenSat.1 network. For the avoidance of any doubt ProSieben Games has sole authority to decide whether or not to promote the winning game via the ProSiebenSat.1 network; the winner is not entitled to claim any rights hereto.

7. INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY RIGHTS

All prior intellectual property rights of the Participant in and to the Competition Entries will remain vested with the Participant.

THE ORGANIZER'S RIGHT TO PROMOTE

The Participant hereby grants the Organizer and its sponsors the non-exclusive right and license to use, reproduce, distribute, make available, publicly perform, and publicly display the Nominated and the Winning Competition Entry and any associated information in connection with the advertising and promotion of the Organizer's and its sponsors products and platforms.

8. Participant Warranties

The Participant warrants that the content and material submitted for the Competition as part of the Participant's Entry has been originally developed or validly acquired by the Participant, and the Participant has not received notice of or otherwise is not aware of any claim or threat of claim that the submitted content infringe any patent, trade secret, copyright or any other intellectual property right, publicity, privacy, moral or other proprietary rights of any third party.

Also the Participant warrants that the submitted Entry does not include any material that is infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

By entering the Competition, the Participant fully and unconditionally releases, indemnifies and holds harmless the Organizer and its affiliates, subsidiaries, directors, officers, employees and its advertising and promotional agencies from any and all claims, demands, suits, losses, liability for any injuries, loss or damage of any kind arising from or in connection with the Competition, breach of these Rules and Guidelines, except to the extent that this release may be limited by applicable law.

9. Privacy and confidentiality

The Competition Entries shall be submitted to review by the Jury. The Organizer shall require in writing the Jury members to treat the Competition Entries as confidential information, provided however that no obligation of confidentiality shall cover any information which:

  • was in the possession of the Organizer, its affiliates, or a member of the Jury prior to disclosure hereunder
  • was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained
  • was disclosed by a third party
  • was independently developed by the recipient and/or their organization having no access, or prior to having access, to the Participant's information supplied hereunder.

The Organizer may use any personal data (for example, name, address, telephone number or e-mail address) transmitted by the Participant by electronic mail or otherwise in accordance with the Privacy Policy. The Participant understands and agrees that the Organizer will treat any communication or material he/she transmits, such as questions, comments, suggestions or the like, as non-confidential and nonproprietary.

10. Limitation of liability

The Organizer is not responsible for any incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Competition or utilized by the participant, for any human error, for any interruption, deletion, omission, defect, or failure of any network or electronic transmission, for problems relating to computer equipment, software, inability to access the Competition website or online service, or for any other technical or non-technical error or malfunction.

To the maximum extent permitted by applicable law, in no event shall the organizer, its affiliates, licensors or its suppliers, or any member of the jury, be liable for any special, incidental, punitive or consequential damages of any kind or nature whatsoever, relating to these Rules and Guidelines, the competition or any transaction contemplated herein, including without limitation, lost profits or lost goodwill and whether based on breach of any express or implied warranty, breach of contract, tort (including negligence) or strict liability, regardless of whether such party has been advised of the possibility of such damage or if such damage could have been reasonably foreseen.

To the maximum extent permitted by applicable law, the maximum liability of the organizer, its affiliates, licensors or its suppliers, or any member of the jury, to the participant or to any third party arising out of these Rules and Guidelines, the competition, or any acts or omissions of the organizer or the external review board will not exceed a total aggregate amount of one thousand euros (eur 1,000.00).

11. Entire agreement

These Rules and Guidelines constitute the entire agreement between the Participant and the Organizer pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Rules and Guidelines shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall a/any waiver constitute a continuing waiver unless otherwise expressly provided.

12. General Provisions

The Organizer will investigate and decide on any breach or alleged breach of these Rules and Guidelines, and its decision is final.

This Competition shall not constitute a commitment or create a joint venture, partnership, agency or other media or business relationship between the Participant and the Organizer. This Competition shall not either be understood to grant to the Participant, whether expressly or by implication, any ownership, rights or license to any intellectual property rights (including without limitation trade names and trademarks) of the Organizer and/or its affiliates. The Participant may not make any use whatsoever, other than lawful use, of the Organizer's intellectual property rights including without limitation its name and/or any trademarks, brands, logos or similar.

13. Applicable law and dispute resolution

These Rules and Guidelines are made under and shall be governed by and construed in accordance with the laws of France, without regard to its conflict of laws principles. All disputes arising out of or in connection with the validity, interpretation, performance, non-performance or termination of this Contract shall be submitted to arbitration under the CMAP (Centre for Mediation and Arbitration of Paris, Paris Chamber of Commerce and Industry – 39, avenue Franklin D. Roosevelt, 75008 Paris) Rules of Arbitration to which the parties undertake to adhere.