Terms & Conditions – Supersonic Runner Games Campaign

Important information – please read carefully:

These Supersonic Runner Games Campaign Online Terms and Conditions (together with the attached links and/or other attachments, the “Terms”) are legally binding and enforceable terms between Supersonic Studios Ltd. (the “Company”, “we”, “us”, “our” or “Supersonic”) and you, a mobile applications developer (“you” or “developer”) and govern the Supersonic Runner Games Campaign organized by Supersonic.

By clicking “submit your game” (or any similar language) and/or by otherwise participating in Supersonic Runner Games Campaign, you agree and undertake to be bound by these Terms. If you do not accept or agree to these Terms or any part hereof, you may not participate in the Supersonic Runner Games Campaign. In addition, you consent to the use of electronic means and/or records to preserve your acceptance of these Terms and storing information related to these Terms.

Scope

As of November 14th, 2022, and until December 14th, 2022, (the “Supersonic Runner Games Campaign Term”) you can submit your runner genre mobile application game(s) (each submitted mobile application game, a “Game”) to the Supersonic Runner Games Campaign. By submitting your Game, you hereby agree, in addition to these Terms, to the Supersonic Testing Terms.

The competition consists of two levels:

1. Upon submission, Supersonic will examine each Game and, based on its sole discretion, will approve or reject the Game for testing and participation in the Supersonic Runner Games Campaign.

2. If approved,, you are required to complete all steps in the Supersonic dashboard including the full “Test” process within seven (7) days from the end of the Supersonic Runner Games Campaign Term. Once completed, Supersonic will continue to test the Game’s CPI.

Supersonic reserves the right to cancel, terminate, modify, amend, extend, or suspend the Supersonic Runner Games Campaign and any of the Terms, for any or for no reason, in its sole discretion.

You agree and acknowledge that any decision to test or publish a game and any decisions related to the publishing in any way, shall be at Supersonic’s sole discretion.

Am I eligible to submit my game?

YES!

Only if you are 18 years old or older, AND if you meet the Terms, AND if your Game is available for Android\iOS, AND if your Game is a runner genre Hyper-casual mobile application game with less than 10k downloads on the date of submission.

Not this time…

If your Game was already tested by Supersonic or any other third party OR if your Game is subject to a publishing agreement between you and Supersonic or between you and any third party, OR if you (or your Game) do not comply with these Terms including the above requirements.

KPIs & Prizes

The Game shall be entitled to the following prize which will be paid only if the Game reaches the relevant milestone.

Any Game that reaches at least 500,000 installs on each iOS and Android, and is fully launched by Supersonic until March 14th, 2023 will be eligible to a minimum guarantee of USD$200,000.

Please note that in order to be entitled to the above prize, you must sign a publishing agreement with Supersonic. The prize reflects the minimum earnings that you will be entitled to receive as part of the publishing of the Game with Supersonic upon such publishing, and that will be fully recoupable from your publishing earnings.

For the avoidance of doubt, there can be more than one Game eligible to the prize, and there can be no Games eligible at all.

All payments hereunder shall (i) be made within 60 days from, and subject to, receipt by the Company of a duly issued tax invoice(s); (ii) be fully recoupable and deductible by the Company at any time from any payments due to you for a published Game (such that any amount paid as a prize any time can be deducted from payments due to you in any month from any Game published by Company)

Your Representation, Warranties, and Undertakings

You hereby undertake, represent, and warrant that (i) you are the developer and owner of the Game(s) and you have all rights required to participate in the Supersonic Runner Games Campaign; (ii) the information provided by you to Supersonic is correct and accurate; (iii) the Game(s) submitted by you does not and will not (A) be copied from and/or (B) misappropriate or infringe any rights of Supersonic or any third party; (iv) you and the Game(s) do not and will 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; (v) your Game does not contain content that is defamatory, harassing, grossly offensive, pornographic, fraudulent or illegal and (vi) you are not located and/or work in a black-listed country as established by OFAC, or considered a Specially Designated National (“SDN”) by OFAC.

IP & Data

You hereby agree to provide Supersonic with the right to use your Game’s name, logo or other trademarks as a reference for marketing or promotional purposes.

You acknowledge and agree that by submitting your Game and accepting these Terms, your registration information (which includes name, email, company and country) will be stored and processed by Supersonic for the purposes of performance of these Terms, marketing, internal operations and in order to satisfy any applicable laws and regulations.

We will store your registration information as long as it is necessary in order to fulfill the above purposes. We will not sell, share or otherwise disclose your personal information other than sharing it with our service providers and corporate affiliates (in order to fulfill the above purposes), which may be located in a country that does not have the same data protection laws as your jurisdiction.

To the extent granted by applicable data protection legislation, you may request access, modification, restriction of data processing or deletion of your personal information, or exercise your right to data portability. You may exercise your rights by contacting us at support@supersonic.com.

If you are located in the European Economic Area, the United Kingdom, or Switzerland, you also have the right to file a complaint with the relevant supervisory authority (e.g. of your country or domicile) where Supersonic has not addressed your concerns.

You shall indemnify, defend and hold us harmless against all liability, losses, costs, charges, penalties, damages, fines and expenses (including but not limited to, legal costs and expenses) incurred by us in connection with any demand, claim (including third party claims) or proceedings or actions of any nature whatsoever made, instituted against or caused to us as a result of the Game infringing third party’s rights including but not limited to intellectual property rights.

No Warranty

Supersonic makes no warranties and hereby disclaims any and all warranties, express or implied, concerning the Supersonic Runner Games Campaign. Without limiting the generality of the foregoing, the prizes (if any) are provided “as is” without warranty of any kind, either express or implied, and Supersonic hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability and/or fitness for particular purpose.

You agree to release and hold harmless Supersonic from and against any and all rights, claims and causes of action whatsoever that you may have, or which may arise, against you for any liability for any cause whatsoever, including but not limited to any loss or damage, whether direct, compensatory, incidental or consequential, arising in whole or in part, directly or indirectly, from your participation in the Supersonic Runner Games Campaign.

Assignment

You may not assign these Terms, your participation in the Supersonic Runner Games Campaign or the prize to any third party, any such assignment shall be null and void.

Jurisdiction and Applicable Law

These Terms are governed by, construed and enforced in accordance with the laws of Israel, without regard to its conflicts of law principles or provisions.

Any dispute arising out of or in connection with these Terms and/or Supersonic shall be subject to the exclusive jurisdiction of the courts of Tel-Aviv, Israel.