Game Submission Agreement
BACKGROUND
If you want to voluntarily submit a board game prototype or early-stage idea through Bad Comet’s website (the “Site”), read this Game Submission Agreement (“Agreement”) carefully. This Agreement affects your legal rights and is a binding contract between you and Bad Comet, Inc. (“Bad Comet”, “we”, “us”). By ticking the Site’s checkbox stating that you agree to this Agreement and clicking “Submit”, you confirm you fully understand and voluntarily agree to all provisions below. If you do not understand or disagree with any part, do not tick the box, do not click “Submit”, and do not use the submission features.
AGREEMENT
You and Bad Comet agree to the following:
1. Scope
This Agreement governs your use of the Site’s submission features and all materials, information, prototypes, files, videos, rules, descriptions, images, feedback, and communications you disclose or deliver to Bad Comet, whether through the Site or by any other method in connection with your submission (collectively, the “Submission”).
2. Consideration & Acknowledgment
In consideration of your agreement to these terms, Bad Comet will allow you to share your Submission for our discretionary review. This review may lead to discussions and, potentially, a separate written agreement for development or publishing; however, you understand and agree that our review is not a promise, commitment, or guarantee of selection, development, publishing, payment, or credit. No obligation of any kind arises from your Submission or our review, and any obligation will exist only if and when a separate written agreement is executed by both parties. For the avoidance of doubt, any statements or communications during the review do not constitute an offer, acceptance, or binding commitment. You acknowledge that this Agreement limits or waives certain claims, actions, and remedies you might otherwise have, and you voluntarily accept those limitations in exchange for our willingness to review your Submission.
3. Excluded Ideas
(a) Excluded Ideas: Do not submit: business proposals (marketing/advertising/partnerships/acquisitions); software or digital-only apps without a concrete physical tabletop application; or any content not directed to a tabletop game product.
(b) Waiver for Excluded Ideas: If you nevertheless submit an Excluded Idea, you knowingly waive and release any and all claims and remedies (including for misappropriation, implied contract, or other intellectual-property or unfair-competition theories) against Bad Comet arising from our receipt, review, disclosure, or use of such Excluded Idea.
4. Eligibility; Authority
You represent and warrant that: (i) you are at least 18 years old and legally competent, or you are a parent/legal guardian submitting on behalf of a minor; (ii) you are the sole owner of the Submission or you have written authority from all co-owners to submit and bind them to this Agreement; (iii) your Submission and our use as permitted here will not infringe any third-party rights; and (iv) all information you provide is accurate and complete.
5. Ownership; No Transfer by Submission
(a) Ownership: As between you and Bad Comet, you retain ownership of your original copyrightable content in the Submission.
(b) No Transfer: Submitting does not assign or transfer ownership or any exclusive rights to Bad Comet.
6. Confidentiality
Bad Comet will treat all materials you submit as confidential, will not disclose them to any third party, and will use them only to evaluate your submission. Limited disclosure on a need-to-know basis to Bad Comet personnel and service providers under confidentiality obligations, or disclosures required by law, is permitted.
7. Independent Development and Similarity
You recognize that: (i) Bad Comet and others may have previously developed, may be currently developing, or may in the future independently develop, or publicly disclosed content similar to your Submission; (ii) our receipt, review, feedback, or silence is not an admission of novelty, originality, or protectability; and (iii) Bad Comet is not liable merely because of similarity or alleged use where we independently developed (whether before, during, or after your submission), already possessed, or lawfully obtained similar concepts, mechanics, themes, artwork, titles, or components.
8. Review Process; No Obligation
Our multi-stage review may include preliminary screening, and internal design review. We carefully review every submission. Because we receive many entries, we can’t provide individual detailed feedback on each one, and we may contact only those whose prototypes advance to the next stage. We may try—but do not assume any duty—to update you. Bad Comet has no obligation to publish, develop, purchase, pay for, credit, or adopt any Submission unless and until a separate written contract signed by both parties is executed.
9. Potential Agreement; No Compensation Absent Contract
No fee, prize, or royalty is due under this Agreement. Any compensation, credit, milestone payment, or royalty will arise only under a separate signed publishing/development agreement. Discussion or feedback does not create any obligation.
10. Disclaimers; Relationship
This Agreement and any Submission do not create employment, partnership, joint venture, fiduciary, or agency relations. The Site is provided “as is,” “as available,” and “with all faults.” You access and use the Site at your own risk.
11. Waivers, Limitations, Cap
To the fullest extent permitted by applicable law:
(a) Limited Theories: All of your rights and remedies arising out of your submission to Bad Comet will be limited to any rights and remedies you are accorded under the patent and copyright laws of the Republic of Korea(hereinafter referred to as “Korean”). In other words, Bad Comet is not obligated to you in any manner based upon your submission except based on Korean patent or copyright laws. You knowingly and intentionally waive, release, disclaim, and relinquish all other claims and actions that are not strictly based on Korean patent or copyright laws (e.g., those related to misappropriation or express or implied contract), and remedies (e.g., damages, temporary restraining order, and injunction) that you have or may have in the future against Bad Comet in any manner related to your submission, anything else you disclose to Bad Comet, or this submission agreement. You understand and acknowledge that: (1) you are releasing Bad Comet from all current or future liability in connection with Bad Comet’s receipt, examination, disclosure, or use of your submission or anything else you disclose to Bad Comet, except as to such liability that you may have under Korean patent or copyright laws; and (2) this release applies to all known, unknown, current, and future claims, actions, and remedies.
(b) Limitation Period: Any claim must be brought within one (1) year from the first commercial release by Bad Comet of the specific product allegedly using your protected expression.
(c) If you prevail on one or more claims or actions against Bad Comet in any manner related to your Submission, anything else you disclose to Bad Comet, or this Submission Agreement under any theory (including, without limitation, under IP laws), then your entire remedy is: (1) limited to your actual damages (i.e., you knowingly and intentionally waive, release, disclaim, and relinquish recovery of all other types of remedies, damages, and costs, such as indirect, special, incidental and consequential damages, punitive damages, disgorgement of profits, and attorneys’ fees, even if such other types of remedies, damages, or costs may otherwise be recoverable under IP laws); and (2) capped at (i.e., may not exceed) U.S. $50,000 even if you prevail on more than one claim or action.
(d) Class/Representative Actions Waiver: Claims must proceed on an individual basis only.
12. Indemnity
You agree to defend, indemnify, and hold harmless Bad Comet and its officers, employees, and partners from any losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your breach of this Agreement; (ii) any allegation that your Submission infringes or violates third-party rights; or (iii) your misuse of the Site.
13. Governing Law; Venue
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to conflict-of-laws principles. You consent to the exclusive jurisdiction and venue of the Seoul Central District Court in the Republic of Korea for all disputes arising out of or related to this Agreement or the Submission.
14. Miscellaneous
(a) If any provision is held invalid, the remainder remains enforceable to the maximum extent permitted.
(b) Entire Agreement: This is the entire agreement between you and Bad Comet regarding Submissions and supersedes all prior understandings.
(c) Changes: We may modify Site features or suspend submissions at any time. This Agreement may be modified for future submissions by posting the updated version.
(d) Notices: We may contact you at the email you provide.
(e) Translations: This Agreement may be provided in multiple languages; the English version controls for interpretation if there is a conflict.