Google Play Indonesia Games Contest – Terms & Conditions

This Indonesia Games Contest (the “Contest”) 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 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 Indonesia.

b. Individual must be a resident of Indonesia.

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 21 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 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 up to three 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.

2. How to Participate

Registration

2.1 To enter the Contest, you must:  

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

b. visit the Contest website located at https://events.withgoogle.com/indonesia-games-contest/ 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 Indonesia Western Standard Time on 25 January 2017 and submissions end at 11:59pm Indonesia Western Standard Time on 19 March 2017 (“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 Jakarta on 26 April 2017 (“Final”) where they will compete for Prizes.

2.5 The Finalists will be announced by 5 April 2017.

2.6 The Winner and Runners-up will be announced on 26 April 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 violates any third party rights;

d. it must have been developed by the Participant;

e. it must have been first published after 1 January 2016;

f. it must be published directly to the Google Play Store by Participant, without using the account of another publishing entity;

g. for virtual reality or augmented reality submissions, the Game must use the Google VR SDK or Tango SDK; and

h. the Google Play store listing page of the game must also be available in Bahasa Indonesia in addition to any other languages that it may be available in.

3. 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 United States Dollars (USD 200) worth of Cloud Credits for the Google Cloud Platform.

3.2 Participant will be required to redeem the coupon on or before 30 June 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; and (ii) submit a Game that complies with the Game Requirements, as set out in these Terms.

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 United States Dollars (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.

4. Determining the Winners

Finalists (Up to 15)

4.1 After the Submission Period, the entries will be judged by an initial panel of Google judges and independent judges, who will evaluate the entries in accordance with the criteria set out in these Terms and select up to fifteen (15) 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 3

4.5 The Participants who are selected as Top 15 will be invited to present their Games to public and the final judging panel (made up of Google employees and third party industry experts) at a final event.

Winners and runners-up

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

Criteria

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

a. Innovation;

b. Fun;

c. Design excellence;

d. Technical & production quality; and

e. Localization quality.

5. Prizes

Google will award the prizes set out below:

a. All eligible entries

b. Top 15

c. Top 3

d. Winner: 

6. 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 5 April 2017.

6.2 The Runners-up and Winner will be announced on 26 April 2017 at the Final in Jakarta, Indonesia.

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.

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 indonesia-games-contest@google.com.

8. 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.

9. 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.

9.3 The parties hereby agree to waive Article 1266 of the Indonesian Civil Code to the extent a court decision is required for cancellation of these Terms.

10. 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;

b. indirect or consequential losses; or

c. 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 ten thousand United States Dollars (USD 10,000).

11. 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.

12. 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.

13. 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).

14. Governing Law and Jurisdiction

(a) ALL CLAIMS ARISING OUT OR RELATING TO THIS AGREEMENT OR ANY RELATED GOOGLE PRODUCTS OR SERVICES (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA’S CONFLICTS OF LAWS RULES.

(b) The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises.  If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules").  

(c) The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.

(d) Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in this Agreement.

(e) Subject to the confidentiality requirements in Subsection (g), either party may petition any competent court to issue any order necessary to protect that party's rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator’s powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this Subsection (e).

(f) The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. The parties agree that a decision of the arbitrator need not be made within any specific time period.

(g) Any arbitration proceeding conducted in accordance with this Section will be considered confidential information, including (i) the existence of, (ii) any information disclosed during, and (iii) any oral communications or documents related to the arbitration proceedings. The parties may also disclose the information described in this Subsection (g) to a competent court as may be necessary to file any order under Subsection (e) or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private).

(h) The parties will pay the arbitrator’s fees, the arbitrator's appointed experts' fees and expenses, and the arbitration center's administrative expenses in accordance with the Rules.  In its final decision, the arbitrator will determine the non-prevailing party's obligation to reimburse the amount paid in advance by the prevailing party for these fees.

(i) Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

15. 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.