Terms and conditions

XPOGames.com's "Pre-Beta prizes for talented contributors" Official Rules

GENERAL
The Pre-Beta stage will begin on the 5th of September, 2008 23:59 hours, end on the 27th of October, 2008 23:59 hours or when the beta site will become active.
Those rules are subject to XPOGames site General terms and Conditions and Privacy policy as published on http://www.xpogames.com/.
In those official rules the following definition applies:
- XPOGames, Inc. is defined also as "XPOGames".
- "user" is defined as "user" or "entrant" or "person" or "developer" or "contributor" or "contributors" or a "group of individuals who developed game(s) as long as they agreed to be represented by 1 individual". The user must be registered to 1 (one) account only in order to contribute game(s).

PRIZES FOR CONTRIBUTOR(S)
Each contributor is entitled to the following prizes, subject to those Pre-beta terms and conditions:

1. Uploading 1 game entitles the contributor for 1 V.I.P invitation to enter and use the pre-beta site of XPOGames.com.
2. For uploading a 2nd game, XPOGames will send the contributor 1 Gb XPOGames.com DISK ON KEY.
3. For uploading a 3rd game, XPOGames will PAY THE CONTRIBUTOR 50$ (U.S DOLLARES) via PAYPAL account or Electronic Funds Transfer.
* User(s) which participated in one of our contests, and uploaded a game which has been approved for entry is entitled for this invitation.

Awards are non-transferable. In the event that any of the prizes are not available at the time of contributor selection XPOGames, Inc. reserve the right to substitute a cash payment of equal value for any prize or a prize of comparable or equal value. Uses of the prizes are at risk of the contributor and XPOGames Inc. does not assume any liability. Unused portions of the prize may not be redeemed for cash, merchandise voucher or cash value, and are null and void after the one time purchase. Only one prize will be awarded per individual. All prizes are non-transferable and cannot be redeemed for cash. Other restrictions may apply. Contributor is responsible for providing XPOGAMES with valid address and all other data required. Contributor is responsible for any local, state, provincial and federal taxes and actual transportation costs. Failure to execute and return any requested documents within 21 days of attempted delivery of same, or the return of any prize or prize notification as undeliverable may result in the awarding of prize to alternate contributor.

TO ENTER and TO CONTRIBUTE
Download the XPOGames toolkit and integrate it into your game. Enter online by uploading your FLASH game(s) to our site at http://www.xpogames.com/_______. Game must be developed by the person uploading it to XPOGames servers OR IS UPLOADED WITH CONSENT FROM THE REST OF THE CREATORS OF THE GAME or by their legal representative.
By downloading the toolkit you agree to allow continuous connection between your game and XPOGames servers in order to keep track of game's high-scores AND TO ALLOW USE OF ADVANCED WEBSITE BROWSING FEATURES VIA THE GAME.
User agrees to use the toolkit to connect with XPOGames, Inc. servers only. Person can upload any number of games provided they are differing. Entrants must leave the game on XPOGames, Inc. web site for a period of 12 month, starting and allow complete free public use of it during this period. Entrants must provide enough information including a valid e-mail address to allow XPOGames, Inc. to contact entrant if selected as a contributor.

Introductory condition: In-order to enter the second part of the "Quantity Category", each developer will be required to upload at-least 3 games which in-turn need to be approved by XPOGames Inc. preliminary judging staff prior to them counting as valid entries. (*)
(*) Our preliminary judging staff will check each uploaded entry in-relation to our 100-points system and will only approve of entries if they receive at-least 10 points in each criteria.

GAMES
All Games uploaded must include ESRB rating and a short description. Game(s) which include Commercial publicity of any kind is prohibited. XPOGames reserve the right to integrate commercial content or any sort of publication into the Game, without the consent of the user.

An XPOGames selected panel of professionals will test and check each uploaded submission using our 100-points system and will only approve of entries if they receive at-least 10 points in each of the following criteria:
(20 points) - Entertainment Value
(20 points) - Originality & Creativity
(20 points) - Aesthetics & Sound
(20 points) - Game Play
(20 points) - Replay Value
The XPOGames decisions regarding authorized content uploaded to the site is final.


LIABILITY AND RIGHTS
XPOGames, Inc. is not responsible for late, lost, misdirected or Incomplete entries; unavailable network connections; failed, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions, or any other communications failures or circumstances affecting, disrupting or corrupting the Stage in any manner Including and without limitation, receipt of entries or entrants ability to participate in the Stage, or contributor notification, or contributor response to notification.
XPOGames, Inc. is not responsible for any damage to entrant's computer occasioned by participation in the stage or downloading of any information necessary to participate in the stage. XPOGames, Inc. may modify the stage in any manner that it deems fair and equitable. XPOGames, Inc. Decisions with respect to the stage are final, subject to all applicable cogent laws in Switzerland. Void where prohibited, and in all other countries.
XPOGames, Inc. reserves the right in its sole discretion to disqualify any individual or user it finds to be tampering with the entry process or the operation of the Stage, Website or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Stage shall not constitute a waiver of that provision may be a violation of criminal and civil law, and, should such an attempt be made, XPOGames, Inc. reserves the right to seek damages from any such person to the fullest extent permitted by law. XPOGames, Inc. failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Contributors may be required to sign an affidavit of compliance and eligibility and a liability/publicity release within 21 days of notification or prize may be forfeited and awarded to an alternate contributor. Prize is non-transferable and cannot be redeemed for cash. IF, AFTER THE STAGE HAS BEGUN, changes or updates to the stage are deemed necessary, an addendum outlining the changes will be available online here.
XPOGames Inc. IS NOT RESPONSIBLE FOR LATE OR LOST MAIL, INTERNET CONNECTION FAILURE, OR ANY OTHER TECHNICAL FAILURE. Any software XPOGames may provide for the purpose of interacting with the website (http://www.xpogames.com/) and all related documentation are being provided to user "as is" and without warranty of any kind, either expressed or implied.
XPOGames, Inc. reserves the right, but disclaims any obligation or responsibility, to remove any User-Generated Content from the website. XPOGames, Inc. MAY CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR FOR NO REASON AT ALL.
XPOGames, Inc. reserves the right to cancel the stage or any part of it FOR ANY REASON OR FOR NO REASON AT ALL.
XPOGames Inc. is not bound to award with Prize or Status any User which is a Minor according to Swiss Law, unless provided with written consent of his legal guardian to the stage official rules and XPOGames General Condition and terms.
These rules apply to the XPOGames, Inc. "Pre-beta stage" for the year 2008. By entering, you agree to be bound by these Rules. In-order to enter the stage, visit http://www.xpogames.com/beta/.

RELEASE
By uploading game(s) to XPOGames website (http://www.xpogames.com/), User agrees to release and hold harmless XPOGames, Inc., Sponsors, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, Including, but not limited to, lost profit, personal injury, death, or damage to or loss of property, arising out of participation in the stage or use of the prize(s) or receipt or use or misuse of any information Including, but not limited to, computer program, graphic pattern or form, sound sample of any kind, or any other 3rd party claimed rights.

ELIGIBILITY
The stage is open to all website (http://www.xpogames.com/) visitors who are the sole developer of the uploaded game(s) OR ONE OF THE CREATORS OF THE UPLOADED GAME(S) WITH CONSENT FROM THE REST OF THE UPLOADED GAME(S) CREATORS, except all employees of XPOGames, Inc., sponsors, its parents, subsidiaries, affiliates and suppliers dealing with this stage or the operation of its websites, and those domiciled with such employees and members of their immediate family. (Spouse, parents, siblings and children).

USE OF ENTRANT INFORMATION
Participation in the stage constitutes consent to Sponsors and their agents to present the game(s) for public use on XPOGames website (http://www.xpogames.com/) for a period of 12 months, use of Entrant name, likeness or voice, photograph, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, except where prohibited IF AFTER A PERIOD OF 12 MONTHS A PARTICIPANT WISHES TO REMOVE ANY BIT OF INFO RELATED TO HIM OR AN ENTRY THAT HE HAS SUBMITTED, HE WILL BE REQUIRED TO NOTIFY THE RELEVANT WEBSITE STAFF IN-ORDER TO INFORM THEM OF HIS WISHES AND TAKE THE APPROPRIATE PROCEDURES.
Entry constitutes permission to post contributor's name on the XPOGames Website and to use contributor's name, picture, hometown, and likeness for purposes of advertising and promotion without further compensation unless prohibited by law, except as required by law XPOGames, Inc. will not share entrant information with any third parties.

COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement must be sent to E-Mail address at: info@xpogames.com. XPOGames, Inc. cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of user-generated material contained in the website (http://www.xpogames.com/). Upon reliable notice of copyright infringement XPOGames will act to delete such content from its web site. All information, content and materials contained on XPOGames Sites are our copyrighted property or the copyrighted property of respected owners. All trademarks, service marks, trade names, and trade dress are proprietary of the respected owners.

DISPUTES
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this stage, use of sponsor's toolkit or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Swiss appropriate Court located in Switzerland; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs Incurred, Including costs associated with entering this Stage, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, Incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise Increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Switzerland without giving effect to any choice of law or conflict of law rules.
XPOGames, Inc. is licensed and regulated by the Government of Switzerland.

2008 Nintendo. (TM), (R) & the Wii logo are trademarks of Nintendo. Games are property of their respective owners.
2008 SONY. (TM), (R) & the PS logo are trademarks of SONY Inc.. Games are property of their respective owners.