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Fizzys Biggest Flash Game Competition Terms and Conditions

Introduction

  1. The Fizzy Biggest Game Competition (The Competition) is a competition for Adobe Flash game developers who use the Fizzy Game Developers Network (GDN)
  2. A requirement of entry is that the game developer is a member of the Fizzy GDN
  3. Entrants must accept these Terms and Conditions of entry
  4. Entrants must accept the Terms and Conditions of the Fizzy GDN
  5. The Competition will start 00:01 on 1st January 2010
  6. The Time Zone used throughout the competition will be UTC.
  7. The Competition is operated by 3RD sense Australia Pty Ltd (3RD sense)

    8. Who can enter?

  8. Competition entrants must be a member of the Fizzy GDN
  9. It must be legal for the entrant to enter the competition in their country, state or territory
  10. Employees of 3RD sense and all 3RD sense games are not eligible to participate.
  11. 3RD sense reserves the right to refuse entry into the competition for any reason

    12. Which games are eligible?

  12. Any game which is distributed through the Fizzy GDN during the period of the competition and where the game:
    • a. Conforms to the Fizzy GDN Terms and Conditions
    • b. The developer and submitter of the game has indicated that they wish to enter the game in The Competition by ticking the appropriate checkbox prior to uploading or by ensuring the appropriate checkbox is ticked when editing the Game profile
  13. The game can be uploaded and distributed prior to the star of the competition
  14. The game must be built in Adobe Flash using either Actionscript 2 or 3
  15. The game should not contain sexually explicit, abusive, threatening, racist, sexist, obscene, hateful, derogatory or profane content.
  16. The game must be the developer's original work
  17. All games will be reviewed for content and compliance of the above rules
  18. Games deemed ineligible will not be published or may be withdrawn from the competition.
  19. 3RD sense's decision is final and correspondence may not be entered into.

    20. How to Enter

  20. Developers who wish to enter their game must first join the Fizzy GDN
  21. The Fizzy GDN is free to join.
  22. Once the developer has joined he/she can then submit and upload their game, provided it conforms to the Fizzy GDN Terms and Conditions.
  23. Developers must confirm that they wish to enter The Competition by ticking the appropriate checkbox either whilst uploading a new game or by updating the game profile.

    24. How to Win

  24. Prizes will be awarded to the developers whose game generates the most earnings for the developer during the period of the competition
  25. Earnings are generated through the sale of download games, advertising based revenue and share of subscription revenues. Details of how developer earnings are calculated are found in the Fizzy GDN Terms and Conditions
  26. Fraudulent transactions, refunds and chargebacks are deducted from a developers earnings
  27. Prizes will be awarded for individual games that generate the highest revenues. Where developers enter more than one game in the competition, only their highest earning game will be considered for a competition prize. Earnings for games from the same developer will not be added together.
  28. During the Competition, 3RD sense may introduce additional methods or may change existing methods of generating earnings from games. Developers will be notified.

    29. Prizes

  29. Quarterly prizes will be awarded for the top ten highest earning games during every calendar quarters as follows:
    • 1 January - 31 March
    • 1 April - 30 June
    • 1 July - 30 September
    • 1 October - 31 December

    This quarterly prize allocation will then be repeated

  30. Prize Money

    31. Position For Each Quarter

    Position For the Quarter
    First USD$2,500
    Second USD$500
    Third USD$500
    Fourth USD$500
    Fifth USD$500
    Sixth USD$500
    Seventh USD$500
    Eighth USD$500
    Ninth USD$500
    Tenth USD$500

    Prize Distribution

  31. Prize money will be distributed to winning developers 60 days after the end of each calendar quarter
  32. Prizes will be distributed by Electronic Funds Transfer (EFT) or by cheque.
  33. Prize money will be distributed to the developer who is the holder of the GDN membership who entered the winning game into the competition. Where more than one developer is the author of the winning game, 3RD sense takes no responsibility for distributing the prize money to those other developers.
  34. Where the winning developer is under the age of 18, the prize money will be distributed to their parent or legal guardian.

    35. Competition Disqualification

  35. Only those games which generate earnings through legitimate transactions and legitimate game play will be eligible to win prizes.
  36. Where a developer is suspected of cheating by any means to increase their game's earnings rank, including but not limited to the fraudulent use of credit cards for game purchases, the creation of scripts to falsify game plays, attempts to access 3RD sense databases or any other means, the game will be immediately disqualified from the competition and removed from Fizzy. The developer will be de-registered from membership of the GDN and ALL earning withheld.
  37. Where a game is disqualified from the competition which would otherwise have received a prize, the next legitimately ranked game will be awarded the prize.
  38. 3RD sense reserves the right to disqualify a developer for any reason and may not enter into correspondence.

    39. Competition Judging

  39. 3RD sense are the judges of the competition and make the final decision on awarding prizes and on game disqualification. The judges decision is final and no correspondence will be entered into

    40. Editorial & Price Setting Rights

  40. 3RD sense reserves the right to remove a game from Fizzy.com and the competition at their discretion
  41. 3RD sense retains the right to set and change the pricing for any game entered into the competition
  42. 3RD sense retains the right to adjust game pricing or for promotional or other purposes, including setting price discounts, bundling with other games or giving away for free or as prizes as part of competitions

    43. Promotion

  43. 3RD sense asserts the right to use any game entered into the competition for promotional purposes
  44. In accepting these terms and conditions, winning developers agree to having their name published and to participating in promotional activity for Fizzy.com and the competition

    45. Variation of Terms

  45. Changes will be made to these Terms & Conditions from time to time. Alterations may be made to methods of calculating earnings, game eligibility and others
  46. 3RD sense will notify competition entrants of changes to these terms.
  47. It is the responsibility of the competition entrant to withdraw their game from the competition if they do not agree to any of these revised terms as they appear.
  48. Once a game has been withdrawn it can no longer be entered into the completion without written agreement from 3RD sense

    49. The Law

  49. These terms and conditions are governed by the laws of the State of New South Wales, Australia

Prizes

USD$7,000 in prizes
to win every quarter

First place - USD$2,500
Second place - USD$500
Third place - USD$500
Fourth place - USD$500
Fifth place - USD$500
Sixth place - USD$500
Seventh place - USD$500
Eighth place - USD$500
Ninth place - USD$500
Tenth place - USD$500

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