Oculus Publishing Ignition Program Terms & Conditions - The Program is open to eligible Studios who submit an application and are selected by Meta by invitation to receive a grant. See below for eligibility requirements. Each selected applicant will be required to execute a grant agreement and return it in the time frame indicated by Meta, or any grant may be forfeited at Meta’s sole discretion, as more fully detailed below. - Studios maintain ownership of all rights in their Pitches and Prototypes and all distribution rights related thereto. Meta obtains rights from Participants selected to receive grants to post and use content they submit as part of the Program in certain limited circumstances, as outlined below. - Meta will consider requests for all funding amounts, provided that final grant award amounts will depend on the amount requested, the individual Pitch presented and the specific needs of the proposed Prototype. The total number of grants awarded will depend on the number of Applications received and the funding requirements for each. - Participation in this Program shall not prevent Participants from simultaneously participating in other funding programs. - No purchase necessary to enter or be eligible to be selected for this Program. A purchase will not increase your chances of being eligible for a grant. - Access to the internet is required. A valid Meta Developer Account and email address are required. - All disputes will be resolved solely by binding arbitration, and participants waive the ability to bring claims in a class action format. - Void where prohibited by law. AS A CONDITION OF PARTICIPATING, PARTICIPANT AGREES TO THESE OCULUS PUBLISHING IGNITION PROGRAM TERMS & CONDITIONS, THE META TERMS OF SERVICE, THE META QUEST SUPPLEMENTAL PRIVACY POLICY AND THE OCULUS TERMS OF SERVICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE “TERMS”). VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. The Oculus Publishing Ignition Program (“Program”) is a program from Meta Technologies, LLC (“Meta,” “we,” “us,” or “our”) designed to help developers build and grow their products. As a condition of participating or attempting to participate in the Program, you agree to the decisions of Meta, which are final and binding in all respects. If you breach any of these Terms, your participation, including without limitation, any application, is VOID and you must immediately forfeit any and all benefits, if any have been provided to you. Meta may terminate the Program and your access to any or all Benefits at any time without notice. 1. OVERVIEW/TIMING. The Program is more fully detailed on the Oculus Publishing Ignition Program website (“Program Site”). During the Program Period, companies will first need to submit an application (the “Application”). The Application submission period will begin on or about 12:00:00 PM PT on March 20, 2024 and all Applications must be received by Meta via the Program Site or on before 11:59:59 PM PT on September 1, 2024, or until funding for the Program is depleted, whichever occurs first (“Application Period”), unless modified or extended by Meta in its sole discretion. Applications will be considered on a rolling basis in the order that they are received. Final decisions for selected grant recipients shall be made by Meta no later than October 1, 2024, unless otherwise indicated by Meta on the Program Site. Meta may terminate or modify the Program at any time without notice and has no obligation to select any Participants to receive grants if Meta does not receive sufficient Applications that satisfy the Eligibility Criteria and Submission Requirements. 2. ELIGIBILITY. This Program is open only to legal entities (“Studios”) that satisfy the Eligibility Criteria set forth below. Studios shall not be eligible to participate in the Program if they operate out of or are located in a jurisdiction where the laws of the United States or local law prohibits participating or receiving benefits in connection with the Program or in which the United States has embargoed goods (including, without limitation, Cuba, Iran, North Korea, Syria and any other jurisdiction designated by the United States Treasury’s Office of Foreign Assets Control (“OFAC”)) or if they are identified on OFAC’s Specially Designated Nationals And Blocked Persons List. Participation in this Program shall not prevent Participants from simultaneously participating in other funding programs. Current employees, officers, directors, members, managers, agents, and representatives of Meta or its parent company (Meta Platforms, Inc.) and each of their respective subsidiary companies, affiliates, divisions, franchisees, representatives, consultants, sub-contractors, suppliers, distributors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies (collectively, together with Meta and Meta Platforms, Inc., the “Released Parties”), and members of their immediate families (defined for these purposes as including spouse, partner, parents, legal guardians, children, and siblings and each of their respective spouses) and individuals living in the same household as such individuals, are not eligible. Participant must not be under any legal or contractual obligation that would prohibit its participation in this Program as described in these Terms. It is solely Participant’s responsibility to ensure that participation in the Program (including delivery or distribution of any Participant Content produced by Participant) will not violate any Meta policies, third party intellectual property or other rights or any other agreement to which the Participant is bound. If participating in this Program would result in a violation by Participant of any law applicable to it, such Participant is ineligible. As a condition of participating, each Participant agrees to provide documentation or other proof of its eligibility as requested and within the timeframe requested in Meta’s sole discretion. Eligible Studios who take any action to participate in this Program will be collectively referred to in these Terms as “Participants” and each individually as a “Participant”. To be eligible to apply to the Program, a Studio must meet the following criteria (collectively, the “Eligibility Criteria”): - privately held organization; - Participant’s employees must be veterans in the gaming industry with strong pedigrees of shipped titles (no specific VR experience necessary); and - a legally recognized business entity (Inc., LLC, Pty, Ltd., etc.) established and validly organized no earlier than April 1, 2023.
Limit one (1) Application for the Program, per Studio, during the Application Period. Your acceptance into the Program is at the sole discretion of Meta. By submitting the Application, you represent and warrant that you: (1) are acting within the scope of your employment/contract/agency, as an employee, contractor or agent of the Studio, (2) you have the legal authority to bind the Studio, and (3) your Studio has full knowledge of your actions and has consented thereto. You further warrant that you have the full right and authority to participate in the Program and to submit the Participant Content and grant the rights granted in these Terms, and that your actions do not violate your Studio’s or employer’s policies and procedures 3. APPLICATION AND GRANT SELECTION PROCESS. Meta collects personal information in order to conduct this Program. Meta reserves the right to contact Participants for verification purposes and the other purposes described herein. All personal information provided will be handled in accordance with the Meta Privacy Policy. To participate, you must already have or must create an Oculus account (Oculus ID) and provide all information required by the Application form, which may include personal information such as first and last names and email addresses of employees. Entries received during the Application Period through the Program Site and in full accordance with these Terms will be reviewed and judged as more fully detailed below. All Participant Content must abide by the “Submission Requirements” detailed in the section of the same name below or the Participant may be disqualified from the Program. Participation in this Program does not guarantee that any content will be published by Meta in the Meta Quest store or otherwise. Publication of content on the Meta Quest platform is subject to a separate Developer Distribution Agreement and compliance with Meta’s policies. Initial Application. Those who are eligible to participate in the Program can visit the Program Site and follow the on-screen links and instructions to complete and submit the Application. The Application will request Participant contact information and information about Studio size, location and team members. Meta will review all submitted Applications to determine whether they comply with the Eligibility Criteria. Pitch Phase. Meta will contact Participants that satisfy the Eligibility Criteria via the email address included in the Application with more information about the Program and a request for more information from the Participant, including a detailed pitch (“Pitch”) for a mixed reality (MR) or VR game prototype for Quest 3, a staffing and budget plan (including requested grant amount and a game design document, to be submitted to Meta on a date to be mutually agreed to between the parties, but in no event later than October 1, 2024. All Pitches must be for original games only and may not incorporate licensed third-party content. Applications that reach the Pitch Phase submitted by Participants that satisfy the Eligibility Criteria will be reviewed by a panel of at least three (3) Meta employee judges with relevant subject matter expertise (the “Judges”) on a rolling basis, based on the following equally weighted criteria: innovation, technical ability, originality and scope/target audience. Additional consideration will be given to games that are broad in scope and appeal to a more mainstream audience, including simulation games, active sports and accessible social titles. All Applications received in accordance with these Terms will be evaluated by each Judge and then discussed with and approved by the full panel of Judges. Grants will be awarded to viable Applications that satisfy the Eligibility Criteria and the Submission Requirements. Prototype Phase. Meta will notify on a rolling basis Participants that have been selected to receive a monetary grant to support conversion of the Pitch into a workable prototype of a MR or VR game for Quest 3 (“Prototype”). Such selected Participants will be invited to enter into an agreement with Meta in order to receive the monetary grant to develop the Prototype. All submitted content included by a Participant in the Application form, the Pitch, the Prototype and all communications with Meta in connection with the Program will be called “Participant Content” in these Terms. As a condition of being selected as a grant recipient, each Participant must be willing and available to render services in connection with full and final development of the Prototype. Further, in connection with the development of its Prototype, Participant is required to clear all rights and obtain all necessary releases (including for any music, clips, photographs, locations, actors, contributors and other content) in order to avoid infringing or otherwise violating the intellectual property or other proprietary rights of any third party. Each Prototype must run at a playable framerate on a Quest 3 device and must include 6DOF player interactions using Quest 3 controllers and headset. 4. SUBMISSION REQUIREMENTS. All aspects of the Participant Content must be truthful and accurate. To the extent any Prototype is not wholly created by Participant, Participant will identify the portion of the Prototype that Participant did create and/or Participants’ role in the creation. Further requirements for the Pitch and Prototype will be distributed to Participants that satisfy the Eligibility Requirements. Participant agrees that its participation in the Program and agreement to these Terms and Meta’s reproduction, display, and use of the Participant Content in accordance with these Terms will not violate any agreement to which Participant is a signatory or party or any law applicable to Participant. Participant agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims brought by any third party for any use or reuse by the Released Parties of the Participant Content under these Terms. Meta reserves the right, in its sole discretion, to disqualify from the Program any Participant whose Participant Content (in Meta’s sole discretion) refers, depicts, or in any way reflects negatively upon Meta or another Released Party, the Program, or any other person or entity or does not comply with these Terms, including any of the above Submission Requirements. 5. BENEFITS. If your Application is selected to receive a grant after the Pitch Phase, Meta will provide you with information on how to access Program benefits available to you (“Benefits”). You acknowledge that the Benefits you are to receive as part of your participation in the Program will be determined by Meta in its sole discretion and communicated to you separately by Meta. The Benefits and availability thereof are subject to change without notice. Select Benefits may have additional eligibility requirements, as stated on the Program site or upon disbursement, and receipt or use of any Benefit is subject to entering into a formal agreement with Meta in the form provided by Meta by the required deadline. You understand that you may be ineligible to receive certain Benefits based on your place of residence. You also understand that any Benefit(s) you are provided may be subject to additional terms and conditions as specified at the time the Benefit is provided or in its accompanying documentation. Participants selected to receive Benefits as part of the Program agree to use the Benefits in accordance with applicable laws and solely for the purposes stated in these Terms and as detailed on the Program Site. Participants also agree not to use the Benefits in any way, directly or indirectly, in violation of applicable export control laws or trade sanctions, or in any way would constitute bribery or an illegal kickback, an illegal campaign contribution, or would otherwise violate any applicable anti-corruption, political activity, economic sanctions, or other laws. 6. LICENSE TO PARTICIPANT CONTENT. By submitting a Pitch and/or Prototype, each Participant shall grant Meta rights in its Participant Content as more specifically set forth in the grant acceptance agreement between Participant and Meta. The Studio shall maintain ownership of all right, title and interest, including all intellectual property rights, in and to the Pitch and Prototype and all distribution rights related thereto. Meta will receive a nonexclusive license to use Participant Content in connection with marketing, industry events, social posts and similar uses. Any unwillingness by any Participant to grant the required rights to Meta may result in the Participant being disqualified from continued participation in the Program, in Meta’s sole discretion. Each Participant hereby acknowledges and agrees that the relationship between the Participant and Meta is not a confidential, fiduciary, or other special relationship, and that the Participant’s decision to submit an Application for purposes of the Program does not place Meta in a position that is any different from the position held by members of the general public with regard to elements of Participant Application, other than as set forth in these Terms. For the sake of clarity and without limiting the foregoing, these Terms do not purport to modify the terms of any separate agreement between Meta and any Participant, including any confidentiality or non-disclosure agreement. Each Participant understands and acknowledges that Meta has wide access to ideas, text, images, code, applications, software, and other creative materials. Each Participant also acknowledges that many ideas for films, videos, stories, games, other creative content, applications, or online services may be competitive with, similar to, or identical to its Content and/or each other in idea, function, components, format, or other respects. Each Participant acknowledges and agrees that such Participant will not be entitled to any compensation or right to negotiate with the Released Parties as a result of Meta’s use of any such similar or identical material that has or may come to Meta from other sources. Each Participant acknowledges and agrees that Meta does not now nor will it have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the Participant’s patent, copyright, or other proprietary rights in and to Content.
