Pilot Terms and Conditions*

1. Participation. Your participation in the Pilot Program is subject at all times to your acceptance of and compliance with the Google Play Developer Policies, the Google Play Developer Distribution Agreement (“DDA”) which is incorporated by reference, and these Pilot Terms and Conditions, (together, the "Pilot Terms and Conditions").
2. Definitions. Any undefined term used in the Pilot Terms and Conditions shall have the same meaning as that set out in the DDA.
   1. Daily Fantasy Sports or “DFS” are games in which contestants use their knowledge of athletic events and athletes to select or manage rosters of simulated athletes whose performance directly corresponds with the actual performance of human athletes on sports teams or in sports events. The outcome of the game depends on how the performances  of  participants'  fantasy roster choices compare to the performance of others' roster choices.  
   2. SEGOB means Secretaria de Gobernacion de Mexico. 
3. Application.  No binding agreement is entered into until such time as Google notifies you that your application has been accepted. Google will send you a notification if your application has been accepted. 

4. Term.  If your application to the Pilot Program is accepted, you will be permitted to distribute your app for the duration of the Pilot Program.  The Pilot Program will run from November 09, 2022 until June 30, 2024.

5. DFS App Distribution. 
   1. New to Play app. As your app is not currently distributed on Google Play at the time of application, you may be able to publish your app only upon confirmation of the acceptance of the app to the Pilot Program, subject to the Pilot Terms and Conditions. Please note that you must not repurpose an existing app to a DFS app, and must make available a new app for the user to install.
6. Rejection; Removal.  
   1. You understand and acknowledge that if your application to the Pilot Program is rejected, your app cannot be distributed through Google Play. You also understand and acknowledge that submissions of your app to Play Console may be rejected if your application to the Pilot Program is rejected.  
   2. You understand and acknowledge that Google may remove your app from Google Play if you breach any provision of the Pilot Terms and Conditions, the DDA, the Developer Program Policies, or any other applicable agreement relating to Google Play. 
7. Pilot Program Requirements.  
   1. As a participant in the pilot, you represent, warrant and undertake that:
      1. You are a company duly incorporated and validly existing under the laws of Mexico.
      2. Your App (including any game and advertising or promotion of your App) will comply with applicable laws, regulations, and relevant codes of practice, including without limitation those applicable in Mexico.
      3. Making your App available on Google Play for distribution in  Mexico during the pilot will not conflict with or result in a breach of any agreement, rules, understanding, order, judgment or other obligation to which you are a party or by which you may be bound.
      4. If you subcontract the development, management, uploading or distribution of your app, in whole or in part, to any third parties, including, but not limited to, any affiliate entities or any of your associated companies, you are responsible for compliance by such third parties with the Pilot Terms and Conditions and for any acts or omissions of the third parties pursuant to these terms.
      5. You will limit distribution of your app to Mexico only.
      6. Your app is a DFS only app and the game within your App does not involve gambling or other regulated activity (as defined under local law) in any way. 
      7. You have provided the following requisite documents necessary to make your App and the game within your App available on Google Play in Mexico;
         • Certificate of incorporation (acta constitutiva)
         • Proof of tax situation (constancia de situacion fiscal emitida por el SAT) issued no more than 30 days prior to this application
         • Certificate of compliance with tax obligations (constancia de cumplimiento de obligaciones fiscales emitido por el SAT) issued no more than 30 days prior to this application
         • Acknowledgement of receipt by SEGOB of the request for confirmation from SEGOB stating that your DFS App doesn't require a license to operate or official document issued by SEGOB stating that no license is required to operate. 
      8. Your App is not an aggregator of other real money gaming and gaming products or services owned or operated by third parties or yourself and does not otherwise contain functionality that allows end users to access other real money gaming products or services owned or operated by third parties or yourself;
      9. Your DFS app will not hand-off (link to/or direct users) to external gambling or money-game opportunities;
      10. Your App will NOT be purchasable as a paid app on Google Play, nor use Google Play in-app Billing;
      11. Your  App will be free to download and install from the Google Play Store;
      12. Your App will have user verification to validate age, to ensure that only individuals over 18 are registered on the app;
      13. Your App can only be accessed or played by persons above 18 years of age 
      14. Your App is rated AO (Adult Only) or IARC equivalent—apps with other age ratings are not eligible for the Pilot Program;
      15. Additionally:
          • You must warn potential end-users that under-age use of your DFS App may be illegal;
          • You must require that users affirm that they are of legal age to use the DFS App;
          • You must post information about responsible gaming in-app;
          • You must not make inaccurate or misleading statements regarding gameplay or users’ ability to win prizes;   
      16. You must provide users with effective redress mechanisms and customer support with respect to inquiries and complaints about your App 
   2. In case you didn’t provide it with the application, you will provide, within a maximum period of 6 months after this application is accepted by Google, a document issued by SEGOB stating that no license is needed for your DFS App to operate in Mexico. Additionally upon Google’s request, you will provide any additional information required to assess your compliance with the Pilot Terms and Conditions, or the overall effectiveness of the Pilot Program;
   3. You will immediately inform Google in writing to play-dfs-inquiries@google.com if any of the following occurs:
      • Any information provided by you to Google in this application form changes or is no longer accurate;
      • In the event you become aware that any age gating or limited geo publication functionality in your App fails to function appropriately;
      • Any legal actions or regulatory investigation are commended against you regarding your App;
      • You are subject to a ruling by any legal or regulatory authority, or any industry body, regarding your App;
   4. All information you provide to Google with respect to the Pilot Program, including information  in the application form and any information you provide about Pilot Terms and Conditions, will be current, true, accurate, supportable and complete.
8. Suspending or Terminating Your Participation. Google may suspend or terminate your participation in the Pilot Program if: 
   1. You breach any provision of the Pilot Terms and Conditions, the DDA, the Developer Program Policies, or any other applicable agreement relating to Google Play;
   2. Google is required to do so by law;
   3. You cease being an authorized developer, a developer in good standing, or are barred from using Android software;
   4. You are subject to legal action or regulatory investigation regarding your app;
   5. You or your App pose a potential risk of economic, reputational, or security-related harm to Google, users, or other third-party partners. 
9. Modification or Completion/Suspension etc. of the Pilot Program.  
   1. Google reserves the right to modify or change the Pilot Program Requirements upon providing reasonable notice in writing to you. In the event of modification, the pilot program participants will not be required to resubmit the form, but instead confirm their consent to continued participation under the updated requirements. 
   2. Google reserves the right to extend, suspend or terminate the Pilot Program upon providing reasonable notice in writing to you.  

   3. Unless extended by Google or terminated sooner, the Pilot Program will end on June 30, 2024. Upon conclusion of the Pilot Program, you understand and acknowledge that Google may remove your app from Google Play if you do not unpublish it.

Google reserves the right to remove any app from Google Play at any time in accordance with its rights set out in the DDA, or if it otherwise decides to no longer permit apps participating in the pilot on Google Play (in whole or in any particular country or territory) in accordance with the Pilot Terms and Conditions.