Rules of the BoomHits Hyper-Casual Game Competition

§1
GENERAL INFORMATION AND DEFINITIONS

1. The organizer of the competition is BoomHits Spółka z ograniczoną odpowiedzialnością with its registered seat  in Gdańsk, Zacna 2 Street, 80-283 Gdańsk, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Gdańsk – Północ, VII Commercial Division of the National Court Register, under KRS number 0000756215, NIP: 9571110867, REGON: 381764216, share capital PLN 5,000.00 („Organizer”).
2. These Rules describe the terms of the competition organized to submit a hypercasual mobile video game (hereinafter referred to as “Submission“) and allow Organizer examine each Submission in order to choose a winner according with the guidelines specified herein.
3. “Competition” – means this BoomHits Hyper-Casual Game Competition.
4. “Participant” means a person or group of people who submitted hypercasual mobile video game(s) until Submission Date via Competition website.
5. “Retention Test” means an estimated learning by measuring a relatively permanent change in performance, which purpose is to measure how many End Users are still playing the Game after a certain period of time from their first login date.
6. “End Users” means any third party based in the Territory who purchases and/or downloads the Game;
7. “Cost Per Install (CPI)” means the price to acquire new End Users from paid advertisements.
8. “Click-through rate (CTR)” means the ratio of users who click on a specific link to the number of total users who view a page, email, or advertisement.
9. “Sponsor” means the entity supporting the Competition financially or through the provision of products or services.

 

§2
BASIC RULES

1. Submissions that are submitted before or after the Submission Date will be rejected.
2. Submissions cannot be already tested by the Organizer or any third party.
3. Submissions cannot be a subject to a publishing agreement between Participant and Organizer or between Participant and any third party.
4. Submission must be a hyper-casual mobile application game with less than 10k downloads on the Submission Date.
5. By participating in the Competition, all Participants shall refrain from cheating, faking, thieving identity or any other technique to change the result of the Competition.
6. This Competition is intended for Android operating system. Submissions may be performed using any technologies, on any electronic equipment, however, it must be possible to play the Submission on the Android operating system.
7. Participants must have the right to use all elements used in the Submissions.
8. Organizer, in their sole discretion, may reject the Submission without giving a reason.
9. Submissions that do not meet the established guidelines, in particular those violating generally applicable provisions of law or which are racist, xenophobic, sexist, defamatory or otherwise offensive, will be subject to rejection.
10. Participants are required to provide the Submission by complying with time limits and guidelines specified herein. Organizer reserves the right to disqualify the Submission delivered in a form not meeting the specified requirements and / or delivered after a specific time.
11. The minimum KPIs for winning a prize and global launch on Android include: CPI < $0.25, D1 > 40%, D7 > 8%, and Playtime > 700s. However these are not the main factors in choosing a winner and Organizer might choose a winner even if the game did not reach the above KPIs.

§3
COMPETITION PROCEDURE

1. The first phase (submission phase) of the Competition is valid from 22nd of June 2021  and lasts until 30th of September 2021 (“Submission Date”).
2. Organizer will examine each Submission and, based on its sole discretion, will approve or reject the Submission for Testing Phase. Such Submission will be evaluated by the Organizer based on Retention Tests, Click-through rate (CTR) and Cost Per Install (CPI).
3. After the Testing Phase, Organizer will announce the winners (if any) of the Competition. Organizer reserves the right not to select any winner in its sole discretion.

§4
PRIZE

1. Prizes are as follows:
   1. 1st prize: USD 250.000,00 (in words: two hundred fifty thousand). There can be up to 3 winners in this category;
   2. 2nd prize: USD 200.000,00 (in words: two hundred thousand). There can be up to 4 winners in this category.
   3. 3rd prize: USD 150.000,00 (in words: one hundred fifty thousand). There can be up to 3 winners in this category.
2. Sponsors might award the winning Participants with additional prizes up to their sole discretion. Organizer shall not be liable for the awarding of prizes granted by Sponsors.
3. The Organizer will contact the winning Participants via email. Participant’s lack of contact or refusal to accept the prize will result in the Organizer obtaining the right to award the prize to another Participant or withdrawing from it altogether.
4. Receipt of the prize is subject to (i) the signature of a publishing agreement between the Participant and Organizer and; (ii) successful launch of the winning game by BoomHits.
5. Prizes shall be granted as a minimum guarantee payment under the publishing agreement already signed or to be signed between the winner and Organizer. Prizes are recoupable from Participant’s publishing earnings or any other additional payments or royalties, if any, (as defined in the relevant publishing agreement).
6. Except as otherwise expressly set forth in this Agreement, each party shall be solely responsible for all taxes in any way relating to the compensation payable to each other under this Agreement. Organizer will make all payments to the Participant under relevant publishing agreement without deduction or withholding for taxes except to the extent that any such deduction or withholding for taxes is required by applicable laws. Any such tax required to be withheld shall be an expense of and borne solely by the Participant, and Participant shall indemnify and hold Organizer harmless for any and all claims by any tax authority, including but not limited to: (i) any underpayment (ii) any penalties; (iii) interests; (iv) tax reassessment; relating to any such tax required to be withheld.

§5
INTELLECTUAL PROPERTY RIGHTS AND IMAGE RIGHTS

1. Only Submissions that are not a violation of rights in accordance with these Rules, permits granted pursuant to these Rules and in accordance with the applicable law, including but not limited to copyright and personal rights, may be submitted to the Competition.
2. With providing of the Submission, the Participant provides the Organizer with an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party to use the Submission for the purposes of the Competition. The license is granted on all fields of exploitation known at the time of authorization, in particular on the following:
   1. any recording and reproduction (including the insertion into the computer or other device memory), production of copies, by any technique, including printing, reprographic, magnetic, mechanical, optical, electronic or other, by analogue or digital technique, in any system or format; on any media, including audio or video media, paper or similar, photosensitive, magnetic, optical, discs, memory bones, computer media and other storage media and memory;
   2. any transactions with the Submission’s original and copies made in accordance with section 2 – placing them on the market, renting, lending;
   3. to exercise the derivative rights to the Submission as well as the works created while using the Submission or its fragments, including but not limited to any modifications, shortenings or transformations within the work;
   4. any other distribution, including:
      1. any broadcasting and rebroadcasting, including by means of a wired or wireless vision or sound, by land stations, via satellite, cable, telecommunications or multimedia systems or other transmission systems (including simulcasting or webcasting), in an uncoded manner or coded, in an open or closed circuit, in any technique (including analog or digital), system or format, with or without the possibility of recording, including text, multimedia, Internet, telephone or telecommunications services;
      2. any public access to the Submission in such a way that everyone can access it in a place and time of their choice, including the introduction of Submission to IT networks, in particular to the intranet and the Internet, to make the Submission available in such networks, as well as through stations terrestrial, via satellite, cable, telecommunications or multimedia networks, databases, servers or other devices and systems, including third parties, in an open or closed circuit, in any technique, system or format, with or without the possibility of recording on a medium;
      3. any public performance, display, exhibition,
   5. and in relation to Submission computer program layer also in the following fields of use:
      1. permanent or temporary duplication of the software in whole or in part, by any means and in any form;
      2. distribution, including lending or rental of software or a copy thereof.
3. Organizer may therefore in particular copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, the Submission and all modified works and works which derive from the Submission.
4. The license is granted for an indefinite period of time.
5. All changes regarding the licenses require written form for their effectiveness.
6. The Participant consents to the use of the username, image or name and surname given in the application in order to present the results of the Competition or any other promotional materials concerning them.
7. Each Participant is responsible for the infringement of the intellectual property rights to the work or works used as part of the Submission. In the evetaxnt of a claim against the Organizer by third parties with a claim related to infringement of the intellectual property rights to the works used by the Participants when creating the Submission, the Participant undertakes to release the Organizer from fulfilling any liability and obligation towards third parties related to infringement of third parties intellectual property rights and to cover the claims of these third parties in their full amount at each request of the Organizer.

 

§6
PERSONAL DATA

1. 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 (hereinafter referred to as „BOOMBIT” or “Controller”). To contact us, you can write to us an email privacy@boombit.com or via traditional mail: Zacna 2 Street, 80-283 Gdańsk, Poland. (hereinafter referred to as “Controller“).
2. The Data Protection Officer has been appointed by the Controller who can be contacted in any case regarding the processing of personal data. Contact with the data protection officer is available at: dpo@boobmit.com
3. The recipient of your personal data may be external companies providing support to the Controller on the basis of outsourced services with which appropriate data processing agreements have been concluded, as well as authorized employees and associates of the Controller, as well as public institutions and state offices.
4. Please be advised that the personal data provided by you will be processed for the following purposes:
   1. participation in the Competition – art. 6.1 a) of the GDPR
   2. processing is necessary to comply with our legal obligations, e.g. obligations imposed by tax laws – art. 6.1 c of the GDPR
   3. processing is necessary for the implementation of the legitimate interests of the Controller or a third party and it not unduly affects your interests or fundamental rights and freedoms. Please note that when processing personal data on this basis, the Controller always try to balance his legitimate or legitimate interests of a third party with your privacy.Such “legitimate interests” are:
      1. preventing fraud or criminal activity, improper use of our products or services, as well as taking care of the security of our IT systems;
      2. establishing or pursuing civil law claims by the Companies as part of their business, and defense against such claims
5. Please be advised that personal data will be processed for the period necessary to implement the above-mentioned processing purposes. Personal data shall be stored for the period necessary for the execution of the Competition and for the execution of legally justified interests of the Controller. The accounting data (tax) shall be stored for a period of 5 years counted from the end of the year in which the settlement was made.
6. You have the right to:
   be informed about how your personal information is being used, access the personal information and request that we submit to you a copy of your personal data, request the rectification of inaccurate personal information, request the erasure of your personal data, request the restriction of processing, transfer your personal data (right to data portability), object to certain data processing (e.g. if based on legitimate interest), withdraw consent, complain to the competent authorities.
7. In case of processing data on the basis of your consent – you shall have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
8. If you think that your personal data is being processed unlawfully, you have the right to file a complaint to the supervisory authority in Poland: President of the Office for Personal Data Protection (Prezes Urzędu Ochrony Danych Osobowych).
9. Your data may be transferred to third countries and international organizations when entities based in these countries have implemented adequate safeguards for processed personal data. If personal data is transferred outside the EEA, the Company applies Standard Contractual Clauses as safeguards for countries for which the European Commission has not found an adequate level of data protection.
10. Provision of your personal data is voluntary, however, your refusal to do so may result in our refusal to participate in the Competition.

§7
LIABILITY

1. The Organizer does not bear any potential costs of the Participant related to the Competition, in particular in connection with participation in it, preparation and sending the Submission or receiving the prize.
2. This Competition is not a game of chance, a lottery, a mutual bet, a promotional lottery, a game the outcome of which depends on the case, or any other within the meaning of the Gambling Act of 19 November 2009.

§8
FINAL PROVISIONS

1. Organizer reserves the right to cancel, terminate, modify, amend, extend, or suspend the Competition, for any or for no reason, in its sole discretion. Earlier termination of the Competition by the Organizer does not require justification.
2. In the event of a change in the Rules or earlier termination of the Competition, the Organizer shall provide a final text of the Rules or information on earlier termination of the Competition by publishing it on the Competition website or by sending emails to all the Participants.
3. The Rules are interpreted and applied in accordance with the provisions of Polish law. In matters not covered by the Rules, the provisions of the Civil Code and other generally applicable laws shall apply.
4. Participation in the Competition implies acceptance of these provisions in their entirety. Failure to comply with these shall result in the participation being considered null and void.
5. Participants also state that they submit to the decisions of the Organizer for any case not provided for in these or any contentious situation.
6. Any disputes arising between the Organizer and the Participant shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.
7. The Rules shall enter into force on 22nd of June 2021.