Terms and Conditions for “Sunday presents: Hyper-Casual Summer Challenge: Turkey Edition”

1. Object

The Terms and Conditions of this contest (together with the following links) will govern your (mobile applications developer, “you”, “developer”, “participant”) participation in Sundays Hyper-Casual Game Competition organized by Sunday GmbH (the “Company”, “we”, “us”, “our” or “Sunday”)

By participating in this competition, you agree to abide by all the terms below.

2. Conditions for participation

The following conditions have to be met to be allowed to take part in the competition.

a. Games can only be submitted by participants who do not have a contractual relationship with Sunday and who can contractually enter into a publishing agreement with Sunday.

b. Submissions must be a hyper-casual mobile game with a minimum of 15 levels and 10 minutes of gameplay.

c. You are not allowed to submit a game that has already been tested or published by Sunday or any third party. You are also not allowed to have your submission tested by any third party till the contest has officially ended.

d. This competition is intended for Android operating systems only.

e. You can only participate if you are a resident in the state of Turkey.

f. Submissions that are submitted before or after the submission date will be rejected.g. By submitting a game to the competition, all participants shall refrain from cheating, faking, thieving identity or any other technique to change the result of the competition.

h. Participants must have the right to use all elements used in the game.

i. 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.

3. Timeline and structure of the competition

From September 11th, 2021 until October 15th, 2021, you can submit your MVPs to the Hyper-Casual Summer Challenge: Turkey Edition. By submitting your game, you hereby agree to the Terms of the Hyper-Casual Summer Challenge: Turkey Edition. The competition will consist of two phases – Submission Phase and Testing Phase. Sunday will look into each game and, based on its sole discretion, will approve or reject the game for a Testing Phase. In the Testing Phase each submission that Sunday approves will be evaluated based on Retention Tests, Click-through rate (CTR) and Cost Per Install (CPI).

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

4. Selection criteria and prizes

The selection will be based on the highest KPIs that are acquired while testing.

a. First Prize: The first game will win 2 (two) MacBook Pro plus a personal mentoring by Sunday.

b. Second Prize: The second game will win an iPhone 13 plus a personal mentoring by Sunday.

c. Third Prize: The third game will get 2 (two) premium tickets to the Hyper Games Conference in October + 200 euro of asset library credits.

Also each MVP that passes our test pipeline get’s offered a publishing deal including a minimum guarantee of $20000!

Sunday will contact the winning participants via email. If Sunday is not able to contact the participant or the participant refuses to accept the prize, it will result in Sunday obtaining the right to award the prize to another participant or withdrawing from it altogether.

The KPIs for global launch on Android include: IPM > 40, D1 > 40 and Playtime > 600s. 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 Sunday may not choose any winner at its sole discretion.

Each party is responsible for all taxes in any way relating to the compensation payable to each other under terms. Sunday will make all payments to the participant under a 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 Sunday 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. 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 Sunday 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

With provision of the game, the participant provides Sunday with an irrevocable, 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 and time of the competition. The license is granted on all fields of exploitation known at the time of authorization.

If Sunday and the participant don’t engage in a publishing deal after the competition, Sunday is allowed to publish, display, use and practise, in any way, the game and all modified works which derive from the game for marketing purposes till the 31.12.2021.

All participants allow Sunday to use their game materials, username, image or name and surname for the promotion of Hyper-Casual Summer Challenge: Turkey Edition.

Each participant is responsible for the infringement of the intellectual property rights to the work or works used as part of his game. In the event of a claim against Sunday by third parties with a claim related to infringement of the intellectual property rights to the works used by the participants when creating the game, the participant undertakes to release Sunday 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 Sunday.

7. Use of Data

Sunday GmbH with its registered office in Hamburg, An der Alster 42, 20099 Hamburg is the controller 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 Sunday for the purpose of the organisation of the competition (art. 6.1 a) of the GDPR) and possible processing to comply with our legal obligations, e.g. obligations imposed by tax laws (art. 6.1 c) of the GDPR).

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 contact@sunday.gg.

The recipient of your personal data may be external companies providing support to Sunday on the basis of outsourced services with which appropriate data processing agreements have been concluded, as well as authorized employees and associates of Sunday, as well as public institutions and state offices.

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 Sunday. 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.

For general information on Sundays Privacy Policy please visit http://adjoe.localhost/privacy-policy/

8. Jurisdiction, Liability and Applicable Law

a. The present terms and conditions are governed by German 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.

c. Sunday 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.