Indie Games Accelerator – Terms & Conditions (Selection Process)
The Indie Games Accelerator program (the “Program”) is run by Google Asia Pacific Pte Ltd whose principal place of business is at 70 Pasir Panjang Road, 03-71 Mapletree Business City II, Singapore 117371 (“Google”).
To be considered for selection to the Program, all interested developers (whether an independent developer (“Individual”) or a business ("Business") which may be represented by a representative of the Business (e.g. an employee or director) ("Representatives"), together “Developers” or “you”) must read and agree to these terms and conditions of the selection process ("Terms"). By submitting an application, you agree that these Terms will apply. Developers will not be considered for participation in the Program unless they agree to these Terms. Businesses agree that if Representatives click the checkbox in the registration form, this will constitute agreement to these Terms. The Representative accepting the Terms on behalf of Business warrants that he or she has full power and authority to do so. Participation in the Program and in this selection process is purely voluntary. Please do not apply to participate in the Program if you do not agree with these Terms and/or if you do not want your personal data processed.
1.1. To be eligible for selection to the Program, the following conditions must be satisfied throughout the duration of the Program:
a. Business must be established and have a billing address in one of the eligible territories. The eligible territories are India, Indonesia, Malaysia, Pakistan, Philippines, Singapore, Thailand and Vietnam. (the “Eligible Territories”).
b. Individual must be a resident of an Eligible Territory.
c. Developer must not be: (i) resident of a US embargoed country, (ii) ordinarily resident in a US embargoed country, or (iii) otherwise prohibited by applicable export controls and sanctions programs from participating in the Program, or (iv) a wholly or partially state-owned entity or an employee of the government or of a government-controlled entity.
d. Individuals and Representatives must be at least 18 years of age or of age of majority pursuant to the laws of their country of origin (whichever is higher) at the time of making a submission.
e. Only the developer(s) of the game can enter the Program.
f.The Business will provide its Representatives with a copy of these Terms. Business will, and will ensure that all Representatives will, comply with all laws, regulations and their fiduciary obligations applicable to their submission, including but not limited to anti-bribery laws.
g. Developers and Representatives must not be employees, officers, or directors of Google, its subsidiaries and affiliated companies, or be the immediate family or living in the households of any such persons.
1.2. Representatives acknowledge that any Program benefits will inure to their Business and not to them individually.
1.3. All determinations of eligibility will be made at Google’s sole and absolute discretion, acting reasonably. Google reserves the right to verify eligibility and to adjudicate on any related dispute at any time. No correspondence will be entered into.
2. How to Participate
2.1. To join the selection process for the Program, you must:
a. be registered as a developer with Google Play
b. visit the Program website located at g.co/play/iga and follow the instructions to apply for participation in the Program;
c. have a game under development that complies with the Game Requirements described below (as determined by Google in its sole and absolute discretion) (the “Game”); and
d. submit a game (which could be a released title or the game in development referred to in Section 2.1(c). If the game has not yet been released on Google Play, Developer should have a playable demo APK (Android Package Kit) submitted to Google Play as private beta through the Google Play Console within the Submission Period.
2.2. All data provided through the registration process must be complete and correct.
2.3. Submission of entries for the Program selection process begins at 9:00 am SGT of 27 June 2018 and ends at 11:59 pm SGT of 31 July 2018 (the “Submission Period”). All entries must be submitted during the Submission Period. Any entries received after the Submission Period will automatically be disqualified.
2.4. The selected Program participants will be announced on or around 8 August 2018.
2.5. Key dates for the Program event (“Program Events”) are as follows:
a. Initial Bootcamp: 24 to 28 September 2018
b. Final Bootcamp and Graduation: 27 to 28 November 2018
The Program Events will be held at Google’s office in Singapore. Google reserves the right to change the dates and venue of the Program Events, at its sole discretion.
2.6. The Game must meet the following criteria (“Game Requirements”):
a. It must not contain, incorporate or otherwise use any content, material or element that is unlawful, or otherwise be in violation of or contrary to all applicable laws and regulations.
b. It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise breach the spirit of the Program, as determined by Google, in its sole discretion.
c. It must not contain any content, material or element that violates any third party rights.
3. Selecting the Program Participants
3.1. After the Submission Period, the submissions will be evaluated by a panel of Google evaluators, which will evaluate the entries in accordance with the criteria set out in these Terms and select up to thirty (30) Program participants from all the Developers (“Participants”).
3.2. The submissions will be evaluated based on the following criteria:
Game submitted for review, evaluated on: Innovation, Fun, Design, Technological and Production Quality
Ratings, reviews and performance of previously launched games on Google Play.
Ability to receive coaching
3.3. All decisions by Google regarding Participants will be final and binding. No correspondence will be entered into.
4. Notification of Participants and Participants’ Obligations
4.1. Google will notify Participants by sending an email to the address provided in the submission on or around 8 August 2018.
4.2. Google reserves the right in its reasonable discretion to change the dates and venue of the Program events. No cash equivalent of the Program benefits can be claimed. Program benefits are non-replaceable non-transferable.
4.3. You may be required to submit a declaration of eligibility and/or publicity release in order to participate in the Program.
4.4. Google is not responsible for lost, late, misdirected, mutilated, incomplete and illegible submissions, or for electronic transmission errors, theft or destruction or unauthorized access to or alterations of entry, technical malfunctions of any kind. Submissions are void if they are in whole or in part incomprehensible, incomplete, damaged, irregular, altered, counterfeit, produced in error, forged, mechanically reproduced or obtained through fraud or theft.
4.5. Google will not be liable for unsuccessful efforts to notify a Participant. If a selected Developer declines to participate, or does not respond to the notification within 5 working days or fails to comply with all Program requirements, including signing the Program agreement, fails to abide by these Terms or is ineligible, or is otherwise not able to participate in the Program for any reason, Google may, but is not required to, select an alternative Participant from all remaining Distributors.
4.6. If you are selected as a Participant, you will be solely responsible for ensuring that you comply with applicable tax laws,, and filing requirements.
5. Program Benefits
5.1 Participants are entitled to the following Program benefits:
Participation at the Program Events, with expenses to be paid by Google, subject to Travel arrangements to the Program Events (sections 5.2 to 5.6)
Personalized mentorship from Google and gaming industry experts
Upon completion of the Program, Participants will be entitled to:
Opportunity to be showcased on Google Play
Google Cloud Platform and Firebase credits valued at US$20,000 (Valid for 12 months. Only available in Google Cloud Territories and to Participants that have not received credits previously.)
Google Pixel phone (or such other mobile device as Google may choose, at its sole discretion)
Invites to exclusive events (subject to availability).
Travel arrangements to the Program Events
5.2 Participants will ensure that two of its senior executives are able to attend the Boot Camp, and one executive is able to attend the Final Boot Camp (“Attendees”). Attendees must be over 18 years of age. Travel arrangements will consist of economy-class airfare for the Attendees, from the airport that is the closest to the city noted on the Participant’s submission form, to the Singapore airport; hotel accommodations for the duration of the Events in Singapore at Google’s discretion; airfare and hotel accommodations will be arranged at Google's discretion - certain blackout dates and travel restrictions may apply.
5.3 Flights will be economy class, may include stop-overs and are subject to a total airfare cap depending on the departure country. Caps will be decided at Google's discretion;
5.4 Attendees will be required to provide Google or a Google-designated service provider with all necessary information in order to book travel including, but not limited to, passport information, home addresses and email addresses. All information provided will be treated as confidential.
5.5 Google will not be responsible for any other expenses incurred to participate in the Program, including, but not limited to: any costs associated with obtaining a passport or visa, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, insurance, security fees and taxes. In addition, other than the booking of flights and accommodation in accordance with clause 5.2 and 5.3 above, Google will not be responsible for any other aspect of the travel arrangements, including but not limited to, flight or hotel check in, transfers to and from the airports, any extra baggage fees.
5.6 It is the responsibility of the Participants and the Attendees to inform Google of any wheelchair or similar access requirements for the Attendees when travelling to the Program Events, and to adhere to any applicable health and safety guidelines.
Conditions applicable to any hardware, device or other item
5.7 If the benefits include the provision of any hardware, device or other item from Google (“Device”), Participants agree that:
(a) The Device may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use.
(b) Participants will bear all responsibility for compliance with any conditions imposed by the Device manufacturer, and any additional costs associated with the use, service, or maintenance of the Device.
(c) Participants will be solely responsible for ensuring that they comply with any applicable trade and customs laws, tax laws, and filing requirements.
(d) The Device is intended to be used for testing and other purposes in relation to game development.
6.2. Your information may also be transferred to countries outside your country residence, including the United States, all countries included in clause 1.1(a) , as well as all other countries in the European Union and European Economic Area. Such other countries may not have privacy laws and regulations similar to those of your country of residence. By your acceptance of the provisions of paragraph 6.1 above, you accept the transfer of your identifiable informations to countries outside your country of residence.
6.3. Participants have the right to request access, review, rectification or deletion of any personal data held by Google in connection with the Program by writing to Google at the following address: Privacy Matters, c/o Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043.
7. Intellectual Property Rights
7.1. As between Google and you, you retain ownership of all intellectual property rights (including moral rights) in and to any content submitted by you as part of your entry into the Program. By submitting an entry to be considered for the Program, you grant Google, its subsidiaries, agents and partner companies, an irrevocable, worldwide, non-exclusive and, unless otherwise agreed, royalty free licence for the maximum amount of time permitted by the applicable law in the entry to use, copy, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display your submission for any purpose connected with the Program, such as, but not limited to: (1) for the purposes of allowing Google and the evaluators to evaluate your entry for purposes of the Program and identifying Participants to the public, and (2) for the purposes of advertising and promotion, and press and media communications.
7.2. You promise that you are entitled to any intellectual property rights in your submission and that you have not copied your submission, in whole or in part, from any other existing work to which you do not have exclusive intellectual property rights. You agree to indemnify and hold Google harmless against any third party legal proceeding arising from an allegation that the submission infringes or misappropriate any third party’s rights, including intellectual property rights.
7.3. By agreeing to participate in the Program, Participant grants to Google a worldwide, irrevocable, sub-licensable, and non-exclusive licence to use Participant’s name, business name, brand features and website address for advertising and promotional purposes (including, without limitation, the promotion of the Program) for the full period of protection of any applicable intellectual property laws.
7.4. Participants agree to participate in any media or promotional activity regarding the Program and, in that event, will grant to Google, to the extent permitted under applicable law, a worldwide, irrevocable, sub-licensable, and non-exclusive licence to use Participant’s name, image and likeness for advertising and promotional purposes.
8. Right to cancel, modify or disqualify
8.1. If for any reason outside Google’s control, the Program is not capable of running as planned (which may include tampering, unauthorized intervention, fraud, technical failures, printing errors, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program), Google may, at its sole discretion, cancel, terminate, modify or suspend the Program.
8.2. Google may, acting reasonably: (a) disqualify any Developer who tampers with the submission process or any other part of the Program process or whose conduct is contrary to the spirit of the Terms or the intention of the Program and declare void its submission based on such conduct; or (b) declare void submissions resulting from any errors materially affecting the selection process or the number of Developers.
9. Limitation of Liability
To the maximum extent permitted by law, you agree to indemnify and keep indemnified Google at all times from and against all liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omissions by you and or a breach of any warranty by you detailed herein to the maximum extent permitted by law. You indemnify and agree to keep indemnified Google at all times from and against any liability, actions, claims, demands, losses, damages costs and expenses for or in respect of which Google will or may become liable by reason of or related or incidental to any act, default or omission by you under these rules including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to those rules by you. To the maximum extent permitted by law, you agree to hold Google, its respective Directors, Officers, Employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Program and/or use or acceptance of any Program benefit.
If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions will remain in full force and effect.
11. Google Play
Distribution of the Game through Google Play is governed by the Developer Distribution Agreement found at https://play.google.com/about/developer-distribution-agreement.html (or such other URL as Google may specify), or any other similar agreement for distribution of the Game provided by Google, but not, for the avoidance of doubt, these Terms.
12. Governing Law and Jurisdiction
These Terms shall be governed by, subject to, and construed in accordance with California law, excluding California’s choice of law. Nothing in these Terms will limit a party’s ability to seek equitable relief. The parties will try in good faith to settle any dispute relating to these Terms (“Dispute”) within 30 days after such Dispute arises. If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the International Centre for Dispute Resolution of the American Arbitration Association and conducted in accordance with its Expedited Commercial Rules in force as of the date of these Terms. There will be one arbitrator selected by mutual agreement of the parties. The arbitration will be conducted in English in Santa Clara County, California, USA. Any decision rendered by the arbitrator will be final and binding on the parties, and judgment thereon may be entered by any court of competent jurisdiction. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in these Terms. All information disclosed in connection with the arbitration, including the existence of the arbitration, will be considered confidential information and shall not be disclosed to third parties except as required by law. The parties may, however, disclose such information to an appropriate court under confidentiality restrictions, as necessary to seek enforcement of any arbitration award or judgment or to seek any relief permitted under these Terms. Nothing in these Terms will limit a party’s ability to seek equitable relief necessary to protect its rights pending resolution of the arbitration.