Google Play Indie Games Contest – Terms & Conditions

This Google Play Indie Games Contest (the “Contest”) is run by Google Ireland Limited whose principal place of business is at Gordon House, Barrow Street, Dublin 4, Ireland (“Google”).

To enter this Contest, all participants (whether an individual (“Individual”), a participating business ("Business") and/or a representative of Business (e.g. an employee or director) ("Representatives"), together “Participants” or “you”) must read and agree to these terms and conditions ("Terms"). By entering the Contest, you agree that these Terms will apply to you. Participants will not be eligible to receive a prize in connection with this Contest unless they agree to these Terms. Businesses agree that if Representative clicks 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. 

  1. Eligibility

1.1. To participate in the Contest and be eligible for entry, the following conditions must be satisfied throughout the duration of the Contest:

a. Business must be established and have a billing address in one of the Eligible Territories. The Eligible Territories are Czech Republic, Denmark, Finland, France, Germany, Iceland, Israel, Netherlands, Norway, Poland, Romania, Spain, Sweden, Turkey and the United Kingdom (excluding Northern Ireland).

b. Individual must be a resident of an Eligible Territory.

c. Participant 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 Contest, 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.

e. Participants 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.

f. Business must not have more than 15 full time employees and must not be a publicly listed company.

g. Business will provide its Representatives with a copy of these Terms. Business will, and will ensure that all Representatives will, comply with all laws, regulation and their fiduciary obligations applicable to their entry into this Contest, including but not limited to anti-bribery laws.

1.2. Representatives acknowledge that any prizes will be awarded to their Business and not to them individually.

1.3. Participants may submit multiple entries to the Contest.

1.4. 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.

  1. How to Participate

Registration

2.1. To enter the Contest, you must:  

a. be registered with Google Play (which will require the payment of a fee);

b. visit the Contest website located at http://events.withgoogle.com/indie-games-contest-europe/ and follow the instructions to register for the Contest and for submitting an entry to the Contest; and

c. submit a game that complies with the Game Requirements described below (as determined by Google in its sole and absolute discretion) (“Game”).

2.2. All data provided through the registration process must be complete and correct.

Key Dates

2.3. Contest begins at 9:00am GMT on 22 November 2016 and submissions end at 11:59pm GMT on 31 December 2016 (“Submission Period”). All entries must be submitted during the Submission Period. All entries received after the Submission Period are automatically disqualified.

2.4. The Finalists will be requested to showcase their Games at a final event hosted by Google in London on 16 February 2017 (“Final”) where they will compete for Prizes.

2.5. The Finalists will be announced by 31 January 2017.

2.6. The Winner and Runners-up will be announced on 16 February 2017 at the Final.

Game Requirements

2.7. 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 Contest, as determined by Google, in its sole discretion.

c. It must not contain any content, material or element that that violates any third party rights.

d. It must have been developed by the Participant.

e. If publicly available in the Google Play Store, it must have been published after 1 January 2016.  

f. If your game is not published on Google Play in UK, it should be submitted to Google Play as private beta through the Google Play Developer Console and made accessible to the judges by inviting playindiecontest@gmail.com as a beta tester within the Submission Period.

g. If not yet released, it must have a playable demo APK submitted to Google Play as private beta through the Google Play Developer Console and made accessible to the judges by inviting playindiecontest@gmail.com as a beta tester within the Submission Period.

h. It must be published directly to the Google Play Store by Participant, without using the account of another publishing entity unless that other entity is not a publicly listed company and has no more than 15 employees.

i. For virtual reality or augmented reality submissions, the Game must use the Google VR SDK or Tango SDK.

j. In order to be considered for the Unity Prize, the Game must be developed using the Unity platform and ported to Android.

  1. Google Cloud Platform credits for Participants

3.1. Upon submission of an entry to the Contest,  subject to Clause 3.3, Participants will be awarded one (1) coupon for two hundred USD ($200) worth of Cloud Credits for the Google Cloud Platform.

3.2. Participant will be required to redeem the coupon on or before 16 February 2017. Unused Cloud Credits shall expire 120 days after the date they are redeemed.

3.3. The Cloud Credits will only be awarded to Participants who: (i) meet the Eligibility Criteria; (ii) submit a Game that complies with the Game Requirements, as set out in these Terms, (iii) are Businesses with a VAT number; and (iv) are not established or resident in Iceland

3.4 While a Participant may submit multiple Games into the Contest that Participant shall nevertheless only be entitled to one (1) coupon for two hundred USD ($200) of Cloud Credits in total. For the avoidance of doubt, Participants are not required to use Google Cloud Platform usage in order to submit an entry to the Contest.

  1. Determining the Winners

Finalists (Up to 20)

4.1. After the Submission Period, the entries will be judged by an initial panel of Google judges and an independent judge, which will evaluate the entries in accordance with the criteria set out in these Terms and select up to twenty (20) Games from all the entries (“Finalists”).

4.2. Participants who are selected as Finalists will be requested to attend to the Final to exhibit and showcase their Games.

4.3. Participants who are selected as Finalists must attend the Final and showcase their Games in order to be eligible to win Prizes.

4.4 All costs incurred to attend the Final are the sole responsibility of the Participants. Google shall not be liable in any way for any such costs.

Top 10

4.5. At the Final, the top ten (10) Games (“Top 10”) will be announced. The Participants who are selected as Top 10 will be invited to present their Games on stage to a final judging panel (made up of Google employees and third party industry experts).

4.6. The Top 10 will be selected as follows:

4.6.1.Five Games will be selected by a panel of Google judges; and

4.6.2.Five Games will be selected by public vote of those attending the Final (aged over 18 years of age) based on overall user experience.

Winners and runners-up

4.7. The final judging panel will select one (1) Winner and two (2) Runners-up.

Criteria

4.8. The judges will evaluate the entries by reference to the following criteria:

a. Innovation

b. Fun

c. Design excellence

d. Technical & production quality.

  1. Prizes

5.1. Google will award the following prizes set out below:

Finalists (Up to 20)

(i) The opportunity to exhibit and showcase your Game at the Final held in London.

(ii) Promotion of your Game on a London billboard for one (1) month.  

(iii) Two (2) tickets to attend a 2017 Playtime event. This is an invitation-only event for top apps and games developers on Google Play.

(iv) One (1) Pixel XL smartphone.

Top 10 (in addition to the above)

(i) Inclusion of your Game in a dedicated Indie Corner collection in UK for one (1) month.

(ii) Inclusion of your Game in a dedicated Indie Corner collection in Ireland, Denmark, Finland, Sweden, Norway, Germany, France, Russia, Poland, Czech Republic, Spain, Turkey, Israel, Iceland, Netherlands and Romania for one (1) week.

(iii) Inclusion of your Game in the “New Indie Highlights" collection (if the Game is new to Google Play) or in "Our Indie Picks" collection (if the Game was already available in Google Play) of the dedicated Indie Corner in the US for 1 week.

(iv) Promotion of your Game on Google Play consumer facing channels.

(v) Promotion of your Game on Android Developer / Play Developer channels.

(vi) One (1) Daydream View device.

Top 3 (in addition to the above)

(i) Premium Placement of your Game in the dedicated Indie Corner collection in the UK for one (1) month.

(ii) Premium Placement of your Game in the dedicated Indie Corner collection in  Ireland, Denmark, Finland, Sweden, Norway, Germany, France, Russia, Poland, Czech Republic, Spain, Turkey, Israel, Iceland, Netherlands and Romania for one (1) week.

(iii) A 50,000 EUR voucher from Chartboost, a leading games-platform agency, to be used for a social media marketing campaign ("Voucher").

(iv) Two (2) tickets for the 2017 Google I/O.

(v) One (1) Pixel C tablet.

1x Winner (in addition to the above)

(i) An additional 50,000 EUR voucher from Chartboost, a leading games-platform agency, to be used for a social media marketing campaign ("Voucher").

(ii) Feature in an Android Developer Story video produced by Google Play and promoted on Android Developer / Play Developer channels.

(ii)Two (2) tickets to attend GDC San Francisco 2017.

(iv) If the Winner is a business with a VAT number (and not established or resident in Iceland), Google Cloud Platform Credits of twenty thousand (20.000) USD), which must be redeemed before 18 March 2017 and used within 180 days of redemption.

1x Unity Prize* (in addition to any other applicable prizes)

(i) A 12 months pro Unity subscription.

(ii) Two (2) tickets to a Unite event of the winner’s choice.

*Only Games that have been developed using the Unity platform and ported to Android will be eligible to win the Unity Prize. Games that comply with this requirement, however, may win Prizes in multiple categories (i.e. the Winner can also win the Unity Prize, if it has been developed using Unity).

5.2. Winners of tickets to attend events shall be responsible for all travel and accommodation costs, and all other expenses incurred to attend the events, 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. Google shall not be liable in any way for any such costs.

5.3. Winners who entered the contest using an unreleased APK, will need to make their Games publicly available in the Google Play Store (at least in open beta) by 16 February 2017, in order to claim some of the Prizes. Games that are not released publicly will not be featured in the Indie Corner and/or the Google Play consumer campaign and/or in the Android Developer Story. No equivalent of Prizes can be claimed.

5.4. If you are a Top 10, Runner-up or Winner and your Game has a rating lower than 3.8 on the Google Play store on 16 February 2017, Google reserves the right not to include it in the Indie Corner nor in the consumer facing campaign.

5.5 Winners will be required to redeem the Google Cloud Platform Credits on or before 16 March 2017. Unused Cloud Credits shall expire 180 days after the date they are redeemed.

5.6. All decisions by Google regarding Prize winners are final and binding and no correspondence will be entered into.

5.7. All Prizes will be delivered to the winners by 31 December 2017.

5.8. Winners will be required to redeem the Voucher on or before 31 December 2017. Google reserve the right to change agency. Each Voucher may be redeemed against the following marketing services which shall be provided by an appropriate agency to the value of the Voucher: agency will engage social influencers to undertake social media marketing campaigns on YouTube on behalf of Winner. Prior to the provision of any services by an agency, Winners will be required to enter into an agreement with the agency in which they agree to the agency's terms and conditions relating to the provision of the services. Provision of the services by an agency to Winner shall be governed by that agreement, and not, for the avoidance of doubt, these Terms. Google shall not be a party to the agreement between the agency and the Winner in any manner whatsoever.

  1. Notification of Finalists, Winners and Winners’ Obligations

6.1. If you are a Finalist, Google will notify you by sending an email to the address you provided on entry to the Contest on or before 31 January 2017.

6.2. The Top 10, Runners-up and Winner will be announced on 16 February 2017 at the Final in London.

6.3. Google reserves the right in its reasonable discretion to substitute equivalent Prizes of equal or greater value. No cash equivalent of Prizes can be claimed.

6.4. You may be required to submit a declaration of eligibility and/or publicity release in order to receive a Prize.

6.5. Google is not responsible for lost, late, misdirected, mutilated, incomplete and illegible entry materials, or for electronic transmission errors, theft or destruction or unauthorized access to or alterations of entry, technical malfunctions of any kind. Entries 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.

6.6. Google will not be liable for unsuccessful efforts to notify a winner. If winning Participant declines a Prize, does not respond to the Prize notification in reasonable time or fails to claim the Prize in the manner specified in reasonable time, is unavailable for Prize fulfillment, fails to abide by these Terms or is ineligible, Google may select an alternative winner from all remaining Participants.

6.7. The Prize may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. If you are a winner, you will bear all responsibility for use of the Prize in compliance with any conditions imposed by the Prize manufacturer, and any additional costs associated with its use, service, or maintenance.

6.8. If you win a Prize, you will be solely responsible for ensuring that you comply with applicable tax laws and filing requirements.

6.9. Prizes are non-transferrable. You may not sell on or give away a Prize to other persons.

6.10. Names of winners will be available by sending an email to playdevelopers@google.com before 16 March 2017.

       7.Privacy

7.1. You acknowledge that Google may collect, store, share and otherwise use personally identifiable information provided during registration for the Contest. Google will use this information for the purpose of the Contest only and will process any such personal information in accordance with its Privacy Policy (http://www.google.com/policies/privacy/).

7.2. Your information may also be transferred to countries outside your country residence, including the United States. Such other countries may not have privacy laws and regulations similar to those of your country of residence.

7.3. You have the right to request access, review, rectification or deletion of any personal data held by Google in connection with the Contest by writing to Google at playdevelopers@google.com .

  1. Intellectual Property Rights

8.1. 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 Contest. By submitting an entry into the Contest, you grant Google, its subsidiaries, agents and partner companies, an irrevocable, worldwide, royalty-free, and non-exclusive licence for the duration of any intellectual property rights in the entry to use, copy, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display your entry into the Contest for any purpose connected with the Contest, such as, but not limited to: (1) for the purposes of allowing Google and the judges to evaluate your entry for purposes of the Contest and identifying winners to the public, and (2) for the purposes of advertising and promotion, and press and media communications.

8.2. You promise that you are entitled to any intellectual property rights in your entry and that you have not copied your entry, in whole or in part, from any other existing work.

8.3. By accepting a Prize, 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 Contest) for the full period of protection of any applicable intellectual property laws.

8.4. Participants agree to participate in any media or promotional activity regarding the Contest if they win a Prize and, in that event, will grant to Google a worldwide, irrevocable, sub-licensable, and non-exclusive licence to use Participant’s name, image and likeness for advertising and promotional purposes.

  1. Right To Cancel, Modify Or Disqualify

9.1. If for any reason outside Google’s control, the Contest 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 Contest), Google may, at its sole discretion, cancel, terminate, modify or suspend the Contest.  

9.2. Google may, acting reasonably: (a) disqualify any participant who tampers with the submission process or any other part of the Contest or whose conduct is contrary to the spirit of the rules or the intention of the Contest and declare void any or all of their entries based on such conduct; or (b) declare void any entries resulting from any errors materially affecting the result of the contest or the number of entrants.

  1. Limitation of Liability & Disclaimer of Warranties

10.1. Nothing in these Terms will exclude or limit the liability of Google or its affiliates for:

a. death or personal injury as a result of the negligence of Google or its affiliates, servants, agents or employees;

b.fraud or fraudulent misrepresentation; or

c. any other liability that may not be excluded or limited under applicable law.

10.2. Subject to clause 10.1, Google shall not be liable under or in connection with this Contest (whether in contract, tort (including negligence) or otherwise) for any:   

a. loss of profit; or

b. indirect or consequential losses;

suffered or incurred by you (whether or not any such losses were or were not foreseeable or within the contemplation of the parties).

10.3. Subject to clause 10.1(b), and to the extent permitted by law, all warranties, conditions or terms, express or implied, relating to the Prize, its use, value or enjoyment, including (without limitation) its satisfactory quality or fitness for purpose, are excluded, with the exception of any standard manufacturer's warranty that may apply to the Prizes.

10.4. Subject to clauses 10.1 and 10.2 Google's total liability to a Participant under or in connection with this Contest (whether in contract, tort (including negligence) or otherwise) is limited in aggregate to £25,000.

  1. Severability

If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions will remain in full force and effect.

  1. Google Play

Distribution of the Game through Google Play is governed by the Developer Distribution Agreement found athttps://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.

  1. Google Cloud

Use of the Cloud Credits is subject to the Cloud Coupon Terms and Conditions and any other terms and conditions stipulated by Google in connection with the award of the Credits. Use of the Google Cloud Platform is governed by the Google Cloud Platform Terms of Service found at https://cloud.google.com/terms/ and any Service Specific Terms applicable to the Google Cloud Plaform (accessble here: https://cloud.google.com/terms/service-terms).

  1. Governing Law and Jurisdiction

Where a Contestant enters this Contest from within the European Union, Iceland or Norway, these Rules shall be governed by, subject to, and construed in accordance with the laws of the EU Member State (or Iceland or Norway, where relevant)  in which the Contestant is resident and the Contestant and Contest Entities shall submit to the exclusive jurisdiction of the courts of that EU Member State (or Iceland or Norway, if relevant) in relation to any dispute (contractual or non-contractual (including negligence)) concerning these Rules or this Contest. For entrants from outside the European Union, Iceland or Norway, these terms shall be governed by, subject to, and construed in accordance with English law and you and Google submit to the exclusive jurisdiction of the English courts in relation to any dispute (contractual or non-contractual) concerning these Terms.

  1. Import and Export Laws

Participants acknowledge and agree that the Contest (including the award of Prizes) may be subject to certain export laws and regulations.