Terms and Conditions – BoomHits Hyper-Casual Game Competition

1. Object

These Terms and Conditions (together with the attached links) govern your (mobile applications developer, “you”, “developer”, “participant”) participation in BoomHits Hyper-Casual Game Competition organized by BoomHits sp. z o.o. (the “Company”, “we”, “us”, “our” or “BoomHits”)
By participating in this competition, you agree to abide by all the terms below.

2. Participation conditions

All participants must meet the competition guidelines as defined below.

a. Submission of a game can be done both by participants who have or do not have a contractual relationship with BoomHits. Receipt of the prizes is, however, subject to the signature of a publishing agreement between the participant and BoomHits.

b. Submission must be a hyper-casual mobile game with less than 10K downloads on the date of submission.

c. Your submitted game cannot be already tested or published by BoomHits or any third party.

d. This Competition is intended for Android operating system only.

e. Submissions that are submitted before or after the submission date will be rejected.

3. Timeline and structure of the Competition

As of June 22, 2021 and until September 3, 2021 midnight CEST, you can submit your mobile application game(s) to BoomHits Hyper-Casual Game Competition. By submitting your game, you hereby agree, in addition to these Terms, to the Rules of BoomHits Hyper-Casual Games Competition. If there is any discrepancy between these Terms and Rules of BoomHits Hyper-Casual Games Competition, the Rules of BoomHits Hyper-Casual Games Competition shall prevail.The competition will consist of two phases – Submission Phase and Testing Phase. In the Submission Phase BoomHits will examine each game and, based on its sole discretion, will approve or reject the game for the Testing Phase.In the Testing Phase each submission that passed the Submission Phase will be evaluated based on Retention Tests, Click-through rate (CTR) and Cost Per Install (CPI).

After the Testing Phase is finished, BoomHits will announce the winners (if any) of BoomHits Hyper-Casual Game Competition. BoomHits reserves the right to cancel, terminate, modify, amend, extend, or suspend BoomHits Hyper-Casual Game Competition, for any or for no reason, in its sole discretion.

4. Selection criteria and prizes

The selection will be based on retention and cost per installation (“CPI”) metrics.a. First Prize: The first game that will be successfully launched by BoomHits will win US$250,000 (two hundred and fifty thousand US dollars). There can be up to 3 winners in this category.b. Second Prize: The second game that will be successfully launched by BoomHits will win US$200,000 (two hundred thousand US dollars). There can be up to 4 winners in this category.c. Third Prize: Any game that will be successfully launched by BoomHits other than the first and second games will win US$150,000 (one hundred and fifty thousand US dollars). There can be up to 3 winners in this category.

Please keep in mind that in order to be entitled to the above prizes, you must sign a publishing agreement with BoomHits. The prizes reflect the minimum earnings that you will be entitled to receive as part of the publishing of the game with BoomHits upon such publishing, and that will be fully recoupable from your publishing earnings.

The KPIs for global launch on Android include: CPI < $0.25, D1 > 40%, D7 > 8%, and Playtime > 700s. These KPIs, however, are not ultimate and might be reconsidered depending on the overall game performance. Some games may thus qualify for publishing if some of their KPIs do not reach the target while others outperform them. Also BoomHits may not choose any winner in its sole discretion.

5. Representations and warranties

By participating in this competition, you (the participant) represent and warrant that:

a. you are the valid, full and sole owner of the game you are submitting for consideration to BoomHits and have the right to use all elements used in the submission;

b. you do not infringe any law or intellectual property rights of any third party, or give rise to any legal claim by any third party;

c. you do not violate any applicable law (including any anti-corruption and anti-bribery laws), rule, regulation or guidelines, including those of the applicable mobile application stores;

d. you will not submit a game with content that is defamatory, harassing, grossly offensive, pornographic, fraudulent or illegal.

6. Use of IP and image

All prize recipients allow BoomHits to use their game materials, username, image or name and surname for the promotion of BoomHits Hyper-Casual Game Competition.

7. Use of Data

BoomHits sp. z o.o. /limited liability company/ with its registered office in Gdańsk, Zacna 2 Street, 80-283 Gdańsk and BoomBit S.A /joint stock company/ with its registered seat in Gdańsk, Zacna 2 Street, 80-283 Gdańsk are joint controllers of personal data under the EU law. By signing up to the present competition, participants acknowledge that personal information such as names, email addresses, or contact details will be stored and processed by BoomHits for the purpose of the organisation of the competition. In accordance with the European General Data Protection Regulation, participants can request access, rectification or deletion of their personal information for legitimate reasons by contacting dpo@boombit.com.

8. Jurisdiction and Applicable Law

a. The present Terms and Conditions are governed by Polish law.

b. Any dispute arising out of or in connection with this competition shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.