Rules and Regulations

THE GREAT CANADIAN APPATHON CONTEST ("CONTEST")

THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW.

MINI-RULES:

No purchase necessary. Starts September 28, 2012 at 5:00 p.m. (entrant’s local time) and ends on September 30, 2012 at 5:00 p.m. (entrant’s local time). Open to all legal residents of Canada who are enrolled (at the time of entry and at the time of winner selection and prize fulfillment) as a full-time or part-time student in a Canadian accredited post-secondary institution. Enter online and full rules at: www.greatcanadianappathon.ca  Grand Prize: (i) one (1) Grand Prize consisting of: (i) $25,000 CAD (payable in the form of a cheque to either the Grand Prize winning Entrant or divided equally among each Team member if a Team wins the Grand Prize (maximum of four (4) members per Team) and (ii) a fifty percent (50%) share in revenue (if any) received from downloads of the Grand Prize winning Application (minimum ARV: $25,000; maximum dependent upon number of downloads of Grand Prize Winning Application), and (iii) Unity 3.x Pro licence for each team member (up to a maximum of (4) members per team)  Secondary Prize: one (1) Secondary Prize consisting of: $5,000 CAD (payable in the form of a cheque to either the Grand Prize winning Entrant or divided equally among each Team member if a Team wins the Grand Prize (maximum of four (4) members per Team)); and (ii) a fifty percent (50%) share in revenue (if any) received from downloads of the Secondary Prize winning Application. Finalist Trip Prizes: three (3) Finalist Trip Prizes (each for one (1) person), each consisting of a roundtrip to Toronto, Ontario and hotel accommodation (double occupancy) for one (1) night (ARV: $1500 CAD, depending on departure City and hotel rate). Category Prizes: ten (10) Category Prizes, each consisting of one (1) Special Edition Halo 4 Xbox 360. (APR: $200 CAD), for clarity, if a Team wins a Category Prize only one (1) Special Edition Halo 4 Xbox 360 will be awarded to the Team. Odds depend on number and caliber of eligible entries. Void in whole or part where prohibited by law.

1.     ELIGIBILITY:

The Great Canadian Appathon Contest (the “Contest”) is open to all legal residents of Canada who are enrolled (at the time of entry and at the time of winner selection and prize fulfillment) as a full-time or part-time student in a Canadian accredited post-secondary institution except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of The Globe and Mail Inc. (“Globe and Mail”), XMG Studio Inc. (“XMG”), Microsoft Canada Co. (“Microsoft”), Cognition LLP (“Cognition”), KPMG LLP (“KPMG”),Electric Playground (Greedy Productions Ltd.), and triOS Corporation  (all of which, individually or collectively referred to as `Sponsor(s)`  or any of their respective affiliated companies, representatives, agents, prize suppliers, advertising/promotional agencies and any Contest Judges (collectively, the “Contest Parties”). Any individual who is eligible to enter the Contest (whether as an individual or as part of a Team – see below) in accordance with these Official Contest Rules and Regulations (the “Rules”), as determined by Sponsors in their sole and absolute discretion, will hereinafter be referred to as an “Eligible Entrant”.

All Entries (as defined below) and Eligible Entrants are subject to verification in the sole and absolute discretion of the Sponsors. The Sponsors reserve the right, in their sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsors – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsors in a timely manner may result in disqualification. 

2.     APPLICATION UPLOAD PERIOD:

The application upload period begins on September 28, 2012 at 5:00 p.m. (Entrant's local time) and ends on September 30, 2012 at 5:00 p.m. (Entrant's local time) (the "Application Upload Period").

3.     HOW TO ENTER:

No purchase necessary. An Eligible Entrant, or an Eligible Entrant representing a team of up to four (4) Eligible Entrants (the "Team(s)"), must register for the Contest during the Application Upload Period at http://www.greatcanadianappathon.com (the "Website"). Once on the Website, follow the on-screen instructions to obtain the official Contest entry form (the "Entry Form"). Fully complete the Entry Form, which requires the Eligible Entrant (including, if applicable, the Eligible Entrant representing a Team) to: (a) enter his/her first name, last name, telephone number (including area code) and valid email address in the space provided; and (b) indicate that he/she: (i) is of the age of majority in his/her province/territory of residence and that he/she accepts and agrees to be legally bound by the terms and conditions of these Rules; or (ii) is under the age of majority in his/her province/territory of residence and that he/she has the consent of his/her parent/legal guardian who accepts and agrees to be legally bound by the terms and conditions of these Rules on behalf of the minor Eligible Entrant. NOTE: where a Team has been registered, the Eligible Entrant who completed the Entry Form on behalf of the Team will be designated as the "Team Leader".

Once the Entry Form has been fully completed, follow the on-screen instructions to submit an application (the "Application").To be eligible, a submitted Application must be in accordance with the specific Application Requirements listed below in Rule 5. Follow the on-screen instructions to submit the completed Entry Form and Application (completed Entry Form and Application hereinafter collectively referred to as "Entry/Entries").

There is a limit of one (1) Entry per person.  Each person must qualify as an Eligible Entrant and the Entry must be received during the Application Upload Period. The Eligible Entrant can only use one (1) email address to enter, or otherwise participate in, the Contest.  For greater certainty, an Eligible Entrant is not permitted to submit more than one (1) Entry (regardless of whether or not he/she submits the Entry as an individual or as part of a Team) and only one (1) person from each Team may submit an Entry. If it is discovered that an Eligible Entrant (or, any person or entity purporting to be an Eligible Entrant) has attempted to: (i) obtain more than one (1) Entry in this Contest (either for his/herself or for his/her Team); and/or (ii) use more than one (1) email address to enter, or otherwise participate in, the Contest; then (in the sole and absolute discretion of the Sponsors) he/she or the Team may be disqualified from the Contest and all of his/her Entries are subject to disqualification by the Sponsors. An Entry will be rejected if (in the sole and absolute discretion of the Sponsors): (a) the Entry Form is not fully completed (including uploading the Application) and submitted in accordance with these Rules during the Application Upload Period; and/or (b) the Application (or any component thereof) does not conform to the specific Application Requirements listed below in Rule 5. Use of any automated system to enter or otherwise participate in this Contest is prohibited and is grounds for disqualification by the Sponsors. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).

4.     PROFESSIONAL DEVELOPER TECHNICAL ASSISTANCE:

When developing an Application, XMG will be available to provide technical assistance to Eligible Entrants. Please email gca@xmgstudio.com during the Application Upload Period for technical assistance. A designated representative of XMG will attempt to return each email request within three (3) hours of receipt. Responses to email requests for technical assistance will only be sent during the Application Upload Period. As such, please submit all email requests for technical assistance in a timely fashion to allow time for the appropriate response. Entries received after the Application Upload Period will not be accepted, even if said Entries were late due to waiting for technical assistance.

The Released Parties (defined below) have no obligation in relation to, and accept no liability for: (i) the timely responses of XMG to email requests for technical assistance; and/or (ii) the accuracy or appropriateness of any technical assistance provided. 

For greater certainty, “technical assistance” INCLUDES general software questions, uploading details, coding questions, and questions about the Rules. For greater certainty, “technical assistance” DOES NOT INCLUDE anything not explicitly stated above as being included. Any request for technical assistance that is deemed by XMG, in its sole and absolute discretion, to be requesting information that is not permitted (or, that could be seen as information, which if provided, could result in an unfair advantage as compared to other Eligible Entrants) will not be acknowledged.

Further technical assistance may, in XMG`s sole and absolute discretion, be offered by XMG.  If any further technical assistance is offered, notice of the details (time, location, etc.) of such technical assistance shall be placed on the Website.  Entrants are reminded to check the Website from time to time during the Application Upload Period if further technical assistance is desired.  XMG, nor any other Sponsor, will be liable for any failure to post notice of further technical assistance or the failure of any entrant`s awareness of such technical assistance.

5.     APPLICATION REQUIREMENTS:

BY SUBMITTING AN APPLICATION, EACH ELIGIBLE ENTRANT (AND HIS/HER PARENT/LEGAL GUARDIAN ON HIS/HER BEHALF IF HE/SHE IS UNDER THE AGE OF MAJORITY IN HIS/HER PROVINCE/TERRITORY OF RESIDENCE) AGREES THAT THE APPLICATION (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF ANY APPLICATION BY THE SPONSORS (OR ANY OTHER ENTITY). THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY EACH ELIGIBLE ENTRANT (AND HIS/HER PARENT/LEGAL GUARDIAN IF HE/SHE IS UNDER THE AGE OF MAJORITY IN HIS/HER PROVINCE/TERRITORY OF RESIDENCE) IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT HE/SHE HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.

Submitted Applications must never have been previously published, exhibited publically, or selected as a winner in any other contest. To be eligible for entry in this Contest, an Eligible Entrant's/Team's submitted Application must meet the following specific requirements:

Maximum File Size	Language	Acceptable Formats	Content Requirements
Maximum 150 MB	English or French	.ZIP and .RAR (no coding language)	Application must be a "game" (defined as a mobile gaming application).

By participating in the Contest, each Eligible Entrant (and his/her parent/legal guardian on his/her behalf if he/she is under the age of majority in his/her province/territory of residence) agrees to be legally bound by these Rules and by the interpretation of these Rules by the Sponsors, and further warrants and represents that his/her Application:

1.     is original to him/her (or, in the case of a Team, to at least one of the Team members) and that the Eligible Entrant has (or has obtained) all necessary rights in and to the Application (and all components thereof) to enter the Contest;

2.     does not violate any law, statute, ordinance or regulation;

3.     does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence (note: if consent cannot be obtained for an individual appearing in the Application, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);

4.     will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and

5.     is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual or religious groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services; any identifiable third party products, trade-marks, brands and/or logos (note: if the necessary consents cannot be obtained, then all identifiable third party products, trade-marks, brands and/or logos must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsors in their sole and absolute discretion.

6.     NON-EXCLUSIVE LICENSE AND INDEMNITY:

By entering the Contest and submitting an Entry, each Eligible Entrant, including, if applicable, each Team member that forms part of a Team - and his/her parent/legal guardian on his/her behalf if he/she is under the age of majority in his/her province/territory of residence: (i) grants to the XMG, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Application, in whole or in part, for any reason; (ii) waives all moral rights in and to his/her Application in favour of XMG; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the "Released Parties") from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.

7.     INTELLECTUAL PROPERTY:

By providing the Applications to the Sponsors in connection with the Contest, each Entrant shall retain all right, title and interest (including copyright) in and to the Application, and shall grant to the Sponsors a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Application for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The Entrant hereby confirms that the Application is an original work, solely created by the Entrant (or the Team, if applicable), and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Application or any part thereof. Sponsors assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the Entrant and/or Team. In addition, each Entrant represents to Sponsors that the Application does not infringe any copyright interest of any third party and that the Application is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsors reserve the right to exclude any Application on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsors in their sole discretion.

Notwithstanding the foregoing, Grand Prize winner (or winners if a Team is selected) and Secondary Prize winner (or winners if a Team is selected) hereby assigns to Sponsors, and agrees that Sponsors shall be the exclusive owners of, all the Entrant(s)’s right, title and interest to the Application from and after its entry in this Contest, including all intellectual property rights therein. Entrant (or Entrants if a Team is selected as the Grand Prize winner or Secondary Prize winner) further agrees to cooperate fully and to cause each Team member to cooperate fully at all times with respect to signing such documents and doing such acts and other things reasonably requested by Sponsors to confirm such transfer of ownership of intellectual property rights, effective at or after the time of Entry. Entrant(s) agree that the obligations in this Rule 7 shall survive the conclusion of this Contest. Furthermore, the Grand Prize winner(s) and Secondary Prize winner(s) shall, in writing, and in a form satisfactory to Sponsors, expressly and irrevocably confirm that they waive in favour of Sponsors, any and all rights of integrity and other moral rights arising whether under the Copyright Act (Canada) (as amended and re-enacted from time to time) or at common law that such individual, as author of any portion of the Application has with respect to any copyrighted or copyrightable portion of the Application prepared by such Entrant.

8.     APPLICATIONS PREVIEWED ON WEBSITE:

The Sponsors may, in their sole and absolute discretion, choose to display certain Applications on the Website once submitted.  For greater certainty, the fact that an Application has (or has not) been displayed on the Website will NOT impact the winner selection process (see Rules 9 and 10).

9.     PRIZES:

Grand Prize: There will be one (1) Grand Prize available to be won consisting of: (i) $25,000 CAD (payable in the form of a cheque to either: one (1) winning Entrant; or divided equally between each Team member, whichever is applicable); and (ii) a fifty percent (50%) share in revenue (if any) received from downloads of the Grand Prize winning Application for the Eligible Entrant (or Team, if applicable). The minimum total retail value of the Grand Prize is $25,000 CAD (Note: the maximum value depends on the number of downloads of the Grand Prize winning Application and the revenue therefrom (if any)) (the “Grand Prize”).  

Secondary Prize: There will be one (1) Secondary Prize available to be won consisting of: (i) $5,000 CAD (payable in the form of a cheque to either: one (1) winning Entrant; or divided equally between each Team member, whichever is applicable); and (ii) a fifty percent (50%) share in revenue (if any) received from downloads of the Secondary Prize winning Application. The minimum value of the Secondary Prize is $5,000 (Note: the maximum value depends on the number of downloads of the Secondary Prize winning Application and the revenue therefrom (if any)) (the “Secondary Prize”).

Finalist Trip Prizes: There will be three (3) Finalist Trip Prizes.  The Finalist Trip shall take place between October 21, 2011 2012 and November 22, 2011 2012 (subject to change in the sole and absolute discretion of the Sponsors), consisting of: round trip airfare (economy class) for the Finalist (or, if applicable, the Team Leader, or appointed Team member, in the case of a Team Entry) to Toronto, Ontario from the Canadian gateway airport nearest his/her residence (as determined by Sponsors in their sole and absolute discretion), (if a Finalist resides within 500 kilometres of Toronto, Ontario, as determined by the Sponsors in their sole and absolute discretion said Finalist will not be flown and alternative transportation will be provided), and (ii) hotel accommodation for one (1) night (double occupancy) at a hotel as determined by Sponsors in their sole and absolute discretion (the “Finalist Trip Prize(s)”); collectively with an approximate retail prize value of $1500 based on a Vancouver departure example, although the actual retail value may vary depending on the point of departure and hotel selected. The collective approximate retail prize value of the Finalist Prize Trip without airfare is $700.  Finalists must be available to travel to Toronto on the dates selected by the Sponsors or he/she (and thereby his or her respective Team) will be disqualified.

Without limiting the generality of the foregoing, the following general conditions apply to each Finalist Trip Prize: (i) Finalist Trip Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsors in their sole and absolute discretion); (ii) all travel related to the Finalist Trip Prize must occur within the dates specified above (otherwise the Finalist Trip Prize will be forfeited in its entirety and the corresponding Finalist (or Team, if applicable) is subject to disqualification in the sole and absolute discretion of Sponsors); (iii) the costs of everything not specifically stated above as included in the Finalist Trip Prize are the sole responsibility of the Finalist, including, without limitation: meals and drinks; gratuities; entertainment; health and travel insurance; transportation for the Finalist to and from the Canadian international airport nearest his/her residence; transportation while in Toronto, Ontario; excess baggage fees; and items of a personal nature (NOTE: Finalist may be required to present a valid major credit card in his/her name at the time of hotel check-in to cover any incidental expenses); (iv) if a Finalist does not utilize any part(s) of the Finalist Trip Prize, then any such part(s) not utilized will be forfeited in their entirety and nothing will be substituted in their place; (v) Sponsors reserve the right, in their sole and absolute discretion, at any time to: (a) place reasonable restrictions on the availability or use of the Finalist Trip Prize or any component thereof; and (b) substitute the Finalist Trip Prize or a component thereof for any reason with a prize or a prize component of equal or greater value, including, without limitation, but solely at the Sponsors’ sole discretion, a cash award; (vi) all travel arrangements relating to the Finalist Trip Prize must be made through the Sponsors or their designated agents; (vii) by accepting the Finalist Trip Prize, each Finalist (and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence) agrees to waive all recourse against the Released Parties relating to the Finalist Trip Prize (including, without limitation, any travel related thereto) and must sign any forms as designated by Sponsors to this effect; and (ix) if a Finalist (or, if applicable, the Team Leader, or appointed Team member, in the case of a Team Entry) is under the age of majority in his/her province/territory of residence, then his/her parent/legal guardian must sign a release form permitting the Finalist to participate in the Finalist Trip Prize (otherwise the Finalist (or Team, if applicable) will not be permitted to participate in the Finalist Prize and may be disqualified as outlined above).

Category Prizes: There will be ten (10) Category Prizes available to be won, each consisting of a one (1) Special Edition Halo 4 Xbox 360.  Approximate retail value of the Category Prize is $400 CAD.

Without limiting the generality of the foregoing, the following conditions apply to each prize in this Contest: (i) prizes must be accepted as awarded and are not transferable or assignable; (ii) no substitutions except in the sole and absolute discretion of the Sponsors; (iii) Sponsors reserve the right, in their sole and absolute discretion, to substitute any prize or a component thereof with a prize of equal or greater value; (iv) prizes will only be awarded to the Eligible Entrant(s) whose full name(s) and valid email address(es) appears on the Entry Form; (v) in the event that a prize is won by a Team, any money awarded as part of the prize will be awarded equally among all Team members by cheques made payable to each Team member (IMPORTANT NOTE: the Released Parties have no obligation in relation to, and accept no liability for, the equal distribution of a prize among Team members).

THERE IS A LIMIT OF ONE (1) PRIZE PER PERSON OR PER TEAM (note: with the only exception being that the Grand Prize and Secondary Prize winners will have also received a Finalist Trip Prize). The Grand Prize and Secondary Prize winners cannot also win a Category Prize.

10.   GRAND PRIZE AND SECONDARY PRIZE WINNER SELECTION PROCESS:

Stage 1: Selection of Twenty-Five (25) Semi-Finalists:

A panel of judges (the "Semi-Finalist Judges") appointed by Sponsors will judge all eligible Applications submitted on the basis of the following weighted criteria (the "Criteria"):

Criteria	Scoring System
Innovative Concept: Does the Application display original and unique game play element and features and is it innovative?	0-5 points
Art/Design/Polish: Does the Application have eye-catching graphics and the ability to draw/maintain attention of user? Are transitions and animations smooth and run at a constant frame rate?	0-5 points
Fun/Entertaining: Is the Application difficult to put down? Is it approachable, challenging, rewarding and addictive?	0-5 points
Stability: Is the Application stable? Does it run smoothly without crashing? Are there errors? Will it have proper functionality?	0-5 points
Total Score	Maximum 20 points

Each eligible Application will be given a score (the “Semi-Finalist Score”) by the Semi-Finalist Judges. Odds of being selected as an eligible Semi-Finalist depend on the number and caliber of eligible Applications received during the Application Upload Period. The Eligible Entrants associated with the top twenty-five (25) eligible Applications based on total Semi-Finalist Score (as determined by the Semi-Finalist Judges, in their sole and absolute discretion) will be selected as eligible Semi-Finalists and will be eligible to move to the next phase (See Rule 10, Stage 2) for selection of eligible Finalists (subject to compliance with these Rules). In the event of a tie between two or more Applications based on Semi-Finalist Score, the Eligible Entrant(s) associated with the Application (from amongst all such Applications that are tied) with the highest score on Innovative Concept will be deemed to be the eligible Semi-Finalist. Stage 1 judging is scheduled to be completed on or about October 15, 2012 at approximately 12:00 p.m. EST (the “Semi-Finalist Date”). Selected Entrants shall be contacted by email and telephone to the address and telephone number provided on the Entry.

BEFORE BEING DECLARED A CONFIRMED SEMI-FINALIST (the “Semi-Finalist(s)”), each selected eligible Semi-Finalist (including, if applicable, each Team member that forms part of a Team that has been selected as an eligible Semi-Finalist) must sign (and have his/her parent/legal guardian sign on his/her behalf if he/she is under the age of majority in his/her province/territory of residence) and return within two (2) days of notification a declaration and release prepared by the Sponsors, which, among other things: (i) confirms compliance with these Rules; (ii) warrants and represents that he/she will comply with these Rules throughout the remainder of the Contest; (iii) agrees to release the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from any liability in connection with this Contest and/or his/her participation therein (including, if applicable, the awarding and use/misuse of a prize or any portion thereof); (iv) assigns all intellectual property, including copyright, in and to his/her Application to XMG and waives his/her moral rights therein in favour of XMG; (v) agrees to indemnify the Releasees from any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Application (or a component thereof), including, without limitation, any claim that his/her Application (or a component thereof) infringes a proprietary interest of any third party; and (vi) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsors in any manner whatsoever, including print, broadcast or the internet. If: (i) a selected Semi-Finalist (or, if applicable, the Team Leader in the case of a Team Entry) cannot be contacted within a maximum of three (3) attempts, each of which will occur on the Semi-Finalist Date, or if there is a return of any notification as undeliverable; and/or (ii) if a selected Semi-Finalist (or, if applicable, any Team member that forms part of a Team that has been selected as an eligible Semi-Finalist) fails to return the properly executed Contest documents within the specified time and/or cannot be a Semi-Finalist for any reason; then he/she (or, if applicable, his/her Team) will forfeit their opportunity to be a Semi-Finalist and the Sponsors reserve the right, in their sole and absolute discretion, to select the Eligible Entrant/Team who received the next highest Semi-Finalist Score in accordance with these Rules to be an eligible Semi-Finalist (in which case the foregoing provisions of this section shall apply to such new eligible Semi-Finalist).

STAGE 2: SELECTION OF THREE (3) SEMI-FINALISTS:

A new panel of judges (the “Finalist Judges”) appointed by the Sponsors will re-judge the Applications of all declared Semi-Finalists on the basis of the following weighted criteria: (i) Marketability of the Application (60%); (ii) Professionalism of the Application (20%); and (iii) Expertise of the Finalist (20%). The Application of each Semi-Finalist will be given a new Score (the “Finalist Score”). For greater certainty, the Semi-Finalist Score from the Semi-Finalist judging phase (See Rule 10, Stage 1) will be reset – i.e. scores are NOT cumulative). The Semi-Finalists associated with the top three (3) eligible Applications based on the Finalist Score (as determined by the Finalist Judges, in their sole and absolute discretion) will each be selected as Finalists (the “Finalist(s)”) and will be eligible to move to the next phase (See Rule 10, Stage 3) for determination of an eligible Grand Prize winner and an eligible Secondary Prize winner (subject to compliance with these Rules). Odds of being selected as a Finalist depend on the caliber of the Applications of the declared Semi-Finalists. In the event of a tie between two or more Applications based on the Finalist Score, the Semi-Finalist associated with the Application (from amongst all such Applications that are tied) with the highest score on Marketability of the Application will be deemed to be the Finalist. Judging is scheduled to be completed on or about November 8, 2012, at approximately 9:00 p.m. EST (the “Finalist Date”). If: (i) a selected Finalist (or, if applicable, the Team Leader in the case of a Team Entry) cannot be contacted within a maximum of three (3) attempts, each of which will occur on the Finalist Date, or if there is a return of any notification as undeliverable; and/or (ii) if a selected Finalist (or, if applicable, any Team member that forms part of a Team that has been selected as an eligible Finalist) fails to return the properly executed Contest documents within the specified time and/or cannot be a Finalist for any reason; then he/she (or, if applicable, his/her Team) will forfeit their opportunity to be a Finalist and the Sponsors reserve the right, in their sole and absolute discretion, to select the Semi-Finalist who received the next highest Finalist Score in accordance with these Rules to be a Finalist (in which case the foregoing provisions of this section shall apply to such new Finalist).

STAGE 3: SELECTION OF ONE GRAND PRIZE WINNER AND ONE SECONDARY PRIZE WINNER:

Each of the three (3) Finalists (or, if applicable, the Team Leader, or another Eligible Entrant who is a member of his/her Team appointed by the Team Leader, in the case of a Team Entry) will be awarded the  Finalist Trip Prize.  If a Finalist cannot travel to Toronto for any reason, then he/she will be disqualified and the Sponsors reserve the right, in their sole and absolute discretion, to select the Semi-Finalist who received the next highest Finalist Score in accordance with these Rules to be a Finalist (in accordance with Rule 10, Stage 2). In the case of a Team Entry, if the Team Leader cannot travel to Toronto for any reason, then he/she may appoint another Eligible Entrant who is a member of his/her Team to travel in his/her place. If no Eligible Entrant who is a member of his/her Team can travel to Toronto, then his/her Team will be disqualified and the Sponsors reserve the right, in their sole and absolute discretion, to select the Semi-Finalist who received the next highest Finalist Score in accordance with these Rules to be a Finalist (in accordance with Rule 10, Stage 2).

Once in Toronto, each Finalist (or, if applicable, the Team Leader, or appointed Team member, in the case of a Team Entry) will be required to attend a media event (the “Event”) where each Finalist’s Application will be showcased. Each Finalist (or, if applicable, the Team Leader, or appointed Team member, in the case of a Team Entry) will be required to present his/her Application to the Finalist Judges, who will re-judge the Applications of the three (3) declared Finalists on the basis of the weighted Criteria (See Rule 10, Stage 1). The Application of each Finalist will be given a final Score (the “Final Score”). For greater certainty, the Finalist Score from the Finalist judging phase (See Rule 10, Stage 2) will be reset – i.e. scores are NOT cumulative). The Finalist associated with the top eligible Application based on the Final Score (as determined by the Finalist Judges, in their sole and absolute discretion) will be selected as the Grand Prize winner. The Finalist associated with the second highest Final Score (as determined by the Finalist Judges, in their sole and absolute discretion) will be selected as the Secondary Prize winner. Odds of being selected as the Grand Prize winner depend on the caliber of the Applications of the three (3) declared Finalists. Odds of being selected as the Secondary Prize winner depend on the caliber of the Applications of the three (3) declared Finalists. In the event of a tie between two or more Applications based on the Final Score, the Finalist associated with the Application (from amongst all such Applications that are tied) with the highest score on Innovative Concept will be deemed to be the winner of the applicable prize. Judging will be completed and winners will be announced at the Event.

All Finalists must at all times behave appropriately when taking part in the Event and observe these Contest Rules and any other rules or regulations in force at the Event. The Sponsors reserve the right to remove from the event, any Finalist who breaks such rules and/or fails to behave appropriately and to disqualify such Finalist from the Contest.

11.   CATEGORY PRIZE WINNER SELECTION PROCESS:

During the initial judging of all eligible Applications submitted in this Contest (See Rule 10, Stage 1), the Semi-Finalist Judges will also be judging each eligible Application to determine the eligible Category Prize winners as follows:

Category Prize	Category Criteria (weighted equally)
Best Art/Aesthetics	- Originality - Design Details - Use of Colour - Overall Appeal
Best Power and Performance	- Stability - Game-play performance - Use of focused strategic game-play
Most Technically Challenging (Game Play)	- Originality - Overall Innovation

 

Best Windows Phone 7™ Application	- Originality - Creativity - Fun Factor
Best Sound	- Originality - Original Sounds - Sound meshing with Game - Overall Sound Quality
Best Casual/Addictive Application	- Originality - Can't put it down - Easy to play - Fun
Best 3D Application	- Originality - 3D graphics - Original 3D production
Best Original/Experimental Application	- Originality - Newest coding techniques - Original game play mechanic - Uniqueness
Best Application Concept	- Originality - Uniqueness - Innovative
Best Multi-Player Game	- Originality - Game that has best mechanic for more than one person - Best use of phone for more than one person - Best use of touch screen

Each eligible Application will be given a category score (the “Category Score”) for each Category Prize by the Semi-Finalist Judges based on the Category Criteria (all weighed equally) listed above. Odds of being selected as an eligible Category Prize winner depend on the number and caliber of eligible Applications received during the Application Upload Period. The Eligible Entrant/Team associated with the top eligible Application based on the Category Score (as determined by the Semi-Finalist Judges, in their sole and absolute discretion) for each Category Prize (excluding the Grand Prize and Secondary Prize winners) will be selected as an eligible Category Prize winner. In the event of a tie between two or more Applications based on a Category Score, the Eligible Entrants/Teams associated with the Application (from amongst all such Applications that are tied) with the highest score on Originality will be deemed to be the eligible Category Prize winner of the applicable Category Prize. Stage 1 judging will be completed on or about the Semi-Finalist Date, but winners will not be selected until the Event has occurred, in order to ensure the Grand Prize winner and Secondary Price winner are not also selected as a Category Prize winner.  In the event the Grand Prize winner or the Secondary Price winner obtain the highest Category Score during Stage 1 judging (in accordance with Rule 10 Stage 1), the Eligible Entrant/Team with the next highest Category Score will be the Category Prize winner of the applicable Category Prize. All Category Prize winners will be contacted by email and telephone to the address and telephone number provided on the Entry.

BEFORE BEING DECLARED A CONFIRMED WINNER OF A CATEGORY PRIZE, each selected eligible Category Prize winner (including, if applicable, each Team member that forms part of a Team that has been selected as an eligible Category Prize winner) must sign (and have his/her parent/legal guardian sign on his/her behalf if he/she is under the age of majority in his/her jurisdiction of residence) and return within two (2) days of notification a declaration and release prepared by the Sponsors, which, among other things: (i) confirms compliance with these Rules; (ii) agrees to release the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from any liability in connection with this Contest and/or his/her participation therein and the use/misuse of the Category Prize or any portion thereof; (iii) assigns all intellectual property, including copyright, in and to his/her Application to XMG and waives his/her moral rights therein in favour of XMG; (iv) agrees to indemnify the Releasees from any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Application (or a component thereof), including, without limitation, any claim that his/her Application (or a component thereof) infringes a proprietary interest of any third party; (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsors in any manner whatsoever, including print, broadcast or the internet; and (vi) acknowledges acceptance of the Category Prize as awarded. If: (i) a selected Category Prize winner (or, if applicable, the Team Leader in the case of a Team Entry) cannot be contacted within a maximum of three (3) attempts or within two (2) days of November 8, 2012, or if there is a return of any notification as undeliverable; and/or (ii) if a selected Category Prize winner (or, if applicable, any Team member that forms part of a Team that has been selected as an eligible Category Prize winner) fails to return the properly executed Contest documents within the specified time and/or cannot accept the Category Prize for any reason; or (iii) if a selected Category Prize winner wins the Grand Prize or the Secondary Prize; then he/she (or, if applicable, his/her Team) will forfeit their opportunity to be a Category Prize winner and the Sponsors reserve the right, in their sole and absolute discretion, to select the Eligible Entrant/Team who received the next highest Category Score in accordance with these Rules for the applicable Category Prize to be an eligible Category Prize winner (in which case the foregoing provisions of this section shall apply to such new eligible Category Prize winner).

12.   GENERAL CONDITIONS:

By entering the Contest, each Eligible Entrant (and his/her parent/legal guardian on his/her behalf if he/she is under the age of majority in his/her jurisdiction of residence) agrees to the use of his/her Application, along with his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the internet.

The Released Parties will not be liable for: (i) any failure of the Website during the Contest; (ii) for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received for any reason, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an Eligible Entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above. 

In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An Eligible Entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected Entry and that he/she has all necessary consents, permissions and/or licenses as required by these Rules. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s). 

The Sponsors reserve the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, suspend or amend this Contest in any way, in the event of any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsors that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law. The Sponsors, with the consent of the Régie, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason. 

This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsors with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Eligible Entrants and/or Entries.  All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the Entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

The Sponsors reserve the right, in their sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Eligible Entrant or Entry with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsors, in their sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.

For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

By entering this Contest, each entrant expressly consents to the following Sponsors, their agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with following Sponsors’ privacy policies (unless the Eligible Entrant otherwise agrees) available on the following websites:

Globe and Mail -  http://www.theglobeandmail.com/help/privacy-policy/

XMG - http://www.xmg.com/

All intellectual property used by the Sponsors in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.

In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry Form, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.