If any unenforceable provision of these Terms is modified or deleted, the rest of the terms will remain in effect as written.
1. Eligibility for Entry.
- 1.1 Legal entities, groups, or natural persons (hereinafter referred to as the “Applicant”) may enter this Contest. Applicants who have not reached the age of majority in their country of residence at the time of entry to this Contest must obtain consent from their legal guardian.
- 1.2 Applicant must be resident or have its principal office registered in the following areas:
Japan, Australia, Austria, Belgium, Denmark, Finland, France, Germany, Hong Kong, the Netherlands, Norway, Portugal, Romania, Singapore, South Korea, Spain, Sweden, Taiwan, Turkey, the United Kingdom, and the United States.
- 1.3 For group applicants, one representative must be appointed, and the representative must agree to these Terms with all other members before submitting the application. If any member is a minor, consent of the minor’s legal guardian must be obtained.
- 1.4 For legal entities, the person who has the authority to enter into agreements on behalf of the legal entity, including agreeing to these Terms, shall submit the application.
2. Entry Period
- 2.1 The entry period of this Contest begins on December 8th, 2022, at 10:00 (JST) and ends on January 25th, 2023, at 23:59 (JST).
3. How to Enter
- 3.1 Applicant must submit their application through the entry form on the official website during the specified entry period.
The following items are required to enter this Contest:
- (a) Gaming ROM;
- (b) Game proposal;
- (c) (If the Applicant is a minor) Letter of consent from a legal guardian, such as a person with parental authority.
- 3.2 Applicant must register with a Bandai Namco ID account.
- 3.3 Entry to this Contest must be made at the Applicant's own discretion and responsibility. Applicant shall be solely responsible for costs or expenses incurred in the participation in this Contest.
4. Game Requirements
- 4.1 The gaming ROM submitted must meet the following requirements:
- (a) Can be distributed on Steam (PC);
- (b) Contain a playable demo or prototype (not "Game proposal");
- (c) Be in Japanese or English.
- ※All game genres are accepted.
5. Selection Process
- 5.1 The selection of awards shall be as follows:
Phoenixx Inc., which operates and cooperates in this Contest, will select potential prize candidates from all eligible Contest entries.
Selection members (selected members from Company, Bandai Namco Entertainment Inc. and Phoenixx Inc.) will select temporary prize winners from the pool of potential prize candidates selected during the primary review.
Selection members will conduct online interviews with temporary prize winners to select the final award winners (hereinafter “Prize Winners”) .
- 6.1 The Prize Winners will receive the following awards:
Platinum Award(Maximum of 1 winner)
Maximum total amount of support funding: 30 million JPY
Breakdown:10 million JPY at the time of award
2,5 million JPY every three months after the award (up to 8 times in 2 years from the time of award, maximum total amount is 20 million JPY)
Award Winners(Maximum of 7 winners)※An examination will be carried out for each support payment, and further support may be cancelled or suspended based on the result.
Maximum total amount of support funding: 10 million JPY
Breakdown:2 million JPY at the time of award
1 million JPY every three months after the award (up to 8 times in 2 years from the time of award, maximum total amount is 8 million JPY)
Company will also support the development and publishing for the Prize Winners (both the Platinum Award and the Award Winners) as follows:
- ・Sharing of technical information and other development know-how;
- ・Rental of development equipment/environment;
- ・Topic-based talk sessions with Company' creators;
- ・Marketing-focused support;
- ・Free access to the "GYAAR Studio Base" development center;
- ・Publishing Support;
- ・IP Co-creation Support;
- ・Other support presented on the official website.
- 6.2 All results and selections are final, and no appeals will be accepted. Company may, in its sole discretion, decide to not select Prize Winners.
- 6.3 In the event that the Company is unable to conclude a contract for support funding or first refusal rights with the Prize Winners (in the case of a group, all of its members), the Company will not provide the support funding. Details of the terms of payment, development support, and publish support shall be set forth in the contract.
- 6.4 The contents of any award may be changed or cancelled at Company’s sole discretion.
- 6.5 The Prize Winners shall be responsible for any and all federal, state, and/or local taxes resulting from the receipt of the prizes. In addition, in the event of the payment of the support funding, Company may withhold taxes (including withholding based on the tax treaty) as applicable.
- 6.6 Any award may be null and void if the applicant fails to contact the Company for a certain period of time due to inadequate registration, change of contact information, long-term absence, or if any of the Terms is breached. In the event an award is forfeited, Company will not select another winner.
- 7.1 Applicant warrants and represents that:
- (a) The Applicant is the author of any and all work submitted to this Contest, and the Applicant did not outsource the development to a third-party developer (excluding partial production orders, such as game asset production);
- (b) The Applicant owns all rights to any and all work submitted to this Contest, including, but not limited to the gaming ROM;
- (c) Any work submitted is an original work and not derivative work;
- (d) Any work submitted does not violate or infringe upon the rights of any third party, including but not limited to, any intellectual property rights (inventions, devices, designs, know-how, trademark rights, copyrights, and any other rights relating to intellectual property rights (including the right to register industrial property rights)), portrait rights, publicity rights, and privacy rights.
8. Attribution of Rights
- 8.1 Company acknowledges and agrees that the Applicant has and will retain all ownership rights in and to any work submitted for this Contest.
- 8.2 The Prize Winner shall grant to the Company and to any third-party designated by Company, a worldwide, perpetual, non-recurring, sub-licensable and transferable license to utilize their submitted game-work in the advertising activities of the Contest.
- 8.3 The Prize Winner will grant the Company the first refusal rights on the following:
- (a) Publish of the submitted work;
- (b) Development of a sequels of the submitted work;
- (c) Commercialization of the submitted work as original work (including but not limited to the right to produce and sell goods, the right to produce and distribute animations and other movies, and the conversion to books)
In the event that a Prize Winner or a third party makes a proposal to the Prize Winner with regard to the above, the Prize Winner shall notify the Company and first negotiate with the Company. The first refusal rights shall continue even if the payment of support funding is cancelled or suspended.
- 8.4 In the event that Company and Prize Winner do not reach an agreement as a result of negotiation pursuant to Section 8.3, and Prize Winner sells the submitted work, develops a sequel, or commercializes, by itself or by the third party, the indication designated by the Company shall be indicated on the final product. For example, “Special Thanks GYAAR Studios” must be displayed on the end credits of the game.
- 9.1 In the event of a dispute between Applicant and a third party with regard to the Applicant’s submitted work, the Applicant shall be responsible for resolving such dispute, and Applicant shall indemnify, defend and hold harmless Company and the partner company from any and all claims, suits, liability, loss, damages, costs or expenses from or related to any dispute arising between the Applicant and any other third party arising out of the entry to the Contest.
- 9.2 In order to prevent the specifications and expressions of the Applicant’s submitted work from being used in a product developed by the Company or Bandai Namco Entertainment Inc., Company will strictly manage the Applicant’s submitted work and ensure that no game developers other than those involved in the award selection process will have knowledge of the Applicant’s submitted work. Notwithstanding the above, specifications and expressions created independently by the game developer without knowledge of the Applicant’s submitted work may coincide or resemble the specifications and expressions of the Applicant’s submitted work, and be implemented in the product. Applicant acknowledges and understands the above, and Applicant agrees to not make any claim to such coincidence or similarity.
- 9.3 This Contest may be suspended or discontinued without any prior notice. Company and the partner company shall not be liable for any damages, direct or indirect, incidental, punitive or consequential damages of any kind or nature caused by entering or failure to enter the Contest by Applicant.
- 9.4 The entry forms may not be available on some devices or on some PC. In addition, depending on the networking environment, it may be difficult to access the official site, or the access may be concentrated during the application period or depending on the time zone, and it may not be possible to connect to the official site. The Company shall not be liable for any failure of access due to hardware, software trouble or damage, or malfunction of net-working environment or equipment due to the use of the official site.
- 10.1 Applicant is prohibited from the following acts:
- (a) Providing false or inaccurate information to the Company or a third-party designated by the Company;
- (b) Infringing on the rights or legally protected interests (including honor, reputation, social reputation, or privacy) of others (including legal entities);
- (c) Acts that discriminate, slander, or cause financial or emotional damage to others (including legal entities);
- (d) Criminal acts or acts in violation of laws and regulations, or other acts in violation of public policy;
- (e) Conduct in violation of these Terms;
- (f) Using the names, trademarks and logos of GYAAR Studio, Company and the partner company for commercial purposes;
- (g) Transferring, exchanging, liquidating, or reselling the right to receive support funding or development/publish support to third-parties;
- (h) Any attempt to commit any of the preceding clauses, , any act similar to any of the preceding acts, any act that may fall under any of the preceding acts , any act that encourages a third party to commit any act set forth in any of the preceding acts, and any other act that the Company consider inappropriate.
- 10.2 In the event the Company determines that the applicant has committed any act that falls under 10.1 , the applicant shall be excluded from the Contest and any award will be invalidated.
11. Governing Law and Court of Jurisdiction
- 11.1 These Terms shall be governed as to all matters, including validity, construction and performance, by and under the laws of Japan, excluding its conflict of laws principles. Any matter, dispute or controversy between the Company and Applicant arising out of or relating to these Terms or the Contest, including any question regarding its existence, validity, or termination, shall be referred to and finally settled by the Tokyo District Court.
12. Handling of Personal Information
In addition, the Company will provide the Applicant's personal information to partner company for the following purposes:
- (a) Entry management (including notification of entry confirmation and communication to the applicant passing the review or the winner);
- (b) Responding to inquiries about this Contest;
- (c) Use of the Applicant’s name and other information in connection with the use of the submitted work in this Contest.
- (d) Notification of information on our events and job offers, and request for cooperation in the development of product developed by the Company.
- 13.1 These Terms are executed in the Japanese language only. Any translation of these Terms into any other language other than Japanese shall be for reference only and shall not affect the interpretation of these Terms. The headings contained in these Terms are for reference purpose only and shall not affect in any way the meaning or interpretation of these Terms.