Last updated 28 January 2026

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Background
 

(A)  Brink Gaming, Inc., a corporation duly organized and validly existing under the laws of the State of Delaware in the United States of America (“Brink”, “we”, “our”, “us”), hosts and operates the Scape Indie Winter Game Challenge hosted on createyourscape.com (the “Game Challenge”). Please visit our website for more information about the Game Challenge.

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(B)  These Special Terms & Conditions (the “Terms”) supplement and apply in addition to our Terms of Service available on createyourscape.com. This means that the Terms of Service also apply to the Game Challenge and to these Terms. In the event of any discrepancies between these Terms and the Terms of Service, these Terms shall prevail and apply. The Game Challenge shall be deemed a “Service” as defined in our Terms of Service.

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(C)  By submitting an entry, you agree to both these Terms and our Terms of Service which constitute a binding agreement, whether you are entering into this agreement personally or on behalf of an entity. In the event that you invite other team members to participate in your entry, you are responsible for their compliance with these Terms. You shall discontinue any participation in the Game Challenge if you do not agree to these Terms.

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(D)  For information about how we process your personal data and what tracking technology we may use from time to time, please read our Privacy Policy  and Cookie Policy available at createyourscape.com.

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(E)  For more information about the Game Challenge, please refer to our website.

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1.    Eligibility

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1.1  You must be at least 18 years old if you are entering into these Terms personally on your own behalf (unless the applicable age of majority in your country differs).

1.2  You represent and warrant that you have the legal capacity and authority to enter into these Terms, whether you are entering into these Terms personally or on behalf of an entity.

1.3  We may in our sole discretion disregard your application or entry into the Game for any reason with or without notice to you.

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2.    Entry and Funding
 

2.1  Please refer to our website and the Game Challenge FAQ for the most recent information, guidelines and requirements in relation to what we expect in your entry. The term “entry” means your submission in the Game Challenge including, but not limited to, funding materials, pitch decks, business plans, videos, images or other content you choose to include.

2.2    Entries must be made prior to the deadline communicated via our website and adhere to our requirements as set out on our website.

2.3  You agree not to do the following in relation to your entry:

(a)    include anything that breaches applicable laws or regulations;

(b)    include content that is unlawful, harmful, defamatory, obscene, harassing, tortious, vulgar, racially or ethnically offensive or other otherwise objectionable; or

(c)    upload viruses or harmful code.

2.4  We may offer game development funding with respect to a selected entry. You are required to enter into a game development, publishing and distribution contract (the “Development Contract”) with us, and the funding amount will be determined in connection entering into said contract. More information about funding can be found on our website.

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3.    Selection of Entries

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3.1   The selected entry will be determined by both internal and external judging panels. We may in our sole discretion select no entry or more than one entry.

3.2    You acknowledge that funding will only be released once we have entered into the Development Contract detailing the terms and conditions for development, funding and related rights and obligations. The contract shall include, without limitation, milestone and quality requirements.

3.3   We do not guarantee a certain result or outcome in the Game Challenge or that a selected entry ultimately will be published on Scape. We reserve the right to not select any entry for any reason in our sole discretion without any liability to you. In the event that no entry is selected, we may in our sole discretion grant an award to one or more entries. We further reserve the right to reverse decisions to select an entry or grant an award for any reason, including due to a suspected breach of these Terms.

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4.   Intellectual Property Rights

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4.1   We retain all rights and ownership to our website, Scape and any materials we make available to you (as described in more detail in our Terms of Service).

4.2   You will retain ownership of all intellectual property rights or other rights to and in your entry.

4.3   We grant you a limited, revocable, non-exclusive, non-transferrable, worldwide, and royalty-free license to use the materials made available to you for the sole purpose of submitting an entry in the Game Challenge.

4.4   You grant us a non-exclusive, worldwide, and royalty-free license to use your entry or any other materials you make available to us online or in printed form (whether in part or full) for the following purposes:

(a)    assessing and considering your entry in the Game Challenge, including displaying and sharing your entry with the judging panels;

(b)    operating and managing the Game Challenge, including for the purpose of improving our services and future game challenges;

(c)    promoting us, our services including the Game Challenge; and

(d)    hosting, using, copying, reproducing, publicly displaying, translating, reformatting, and distributing your entry for legitimate business purposes.

4.5   In the event that your entry is finally selected, you grant us exclusive publishing and/or distribution rights to your game and for an extended period of six (6) months following the public release of your game on Scape. During the exclusivity period, your publishing rights are limited, and you may not have your game published elsewhere without our explicit written consent.

4.6   You represent and warrant that you own or have all the necessary rights to the content of your entry and that they do not violate any third-party rights.

4.7   Any feedback provided to us regarding our website or services shall be governed by our Terms of Service.

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5.    Non-Confidentiality

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You and we agree that the content of your entry or your participation in the Game Challenge will be on a non-confidential basis, notwithstanding anything to the contrary. We will not have any contractual obligation to keep your entry confidential or to refrain from sharing it, except as required by applicable law.

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6.    Disclaimer

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6.1   You are required to ensure that participation in the Game Challenge does not violate applicable law in your jurisdiction.

6.2   You acknowledge that we are not liable for any tax implications imposed on you as a result of your participation or entry in the Game Challenge.

6.3   We may be subject to laws and regulations that restrict dealings involving certain jurisdictions. Nothing in these Terms shall require us to engage in any activity that would violate applicable laws, including laws and regulations concerning economic sanctions, export control laws, or trade restrictions.