Terms and Conditions of Entry – Pocket Game

1.         Information on how to enter forms part of these conditions of entry. Participation in this competition constitutes acceptance of these conditions of entry.

2.         Entry is open to UK [and Republic of Ireland] residents aged 18 years and over. Directors, management and employees (and the immediate families of directors, management and employees) of the Promoter or the agencies or companies associated with this competition are ineligible to enter.

3.         Entrants may enter as many times as they wish.

4.         To enter, entrants must design a game (“pocket game”) that is:

-       “Pocket sized”;

-       Self contained (meaning playable without needing any other items);

-       Suitable for 2 or more players;

-       Viable to mass produce;

-       Would meet health and safety regulations in force in the EU;

-       Meets the criteria set out in these conditions of entry (in particular clauses 5 & 15; and

Manufactured using materials which meet the sustainability requirements of the London Organising Committee of the London Olympic and Paralympic Games and Cadbury UK . For details visit: http://www.london.gov.uk/archive/assembly/reports/environment/2012-sustainabl...

Once the entrant has designed a valid pocket game, they must register online and upload their entry at www.spotsvstripes.co.uk/pocketgame. All information about the competition can be found on the website.

5.         Entrants must ensure:

-       The entry is the entrant’s original creation

-       does not contain any material which: (i) is offensive and/or derogatory, (ii) is of a explicit and/or sexual nature, or (iii) is defamatory, libellous, obscene, or (iv) is otherwise illegal;

-       does not contain any material which violates any third party intellectual property rights (including, but not limited to, copyright, trade marks, or any other proprietary or personal right); and

-       does not contain any trade/brand logos or references other than incidental inclusion and/or relating to the Promoter’s products.

6.         The Promoter accepts no responsibility for late, incomplete, incorrectly submitted, corrupted or misdirected entries.

7.         The competition begins at 17:00 on Monday 21st June 2010 and will close at 17:00 on Monday 12th July 2010 (“Promotion Period”).

8.         The Prizes consist of one 1st Prize, one 2nd Prize and 10 runner up prizes. The 1st prize will consist of the sum of £3,000 and having the winner’s pocket game design made into a game which will be distributed across the UK [and Ireland] for game players to enjoy. The 2nd Prize will consist of the sum of £1,000. The runner up prizes will consist of a Cadbury Surprise gift set each (to the approximate value of £50 RRP). The two cash prizes will be transferred by the promoter to the winners through Paypal. The promoter will contact the runner up prize winners to arrange delivery of the gift sets.

9.         The winners will be selected by the following method:

-       Stage 1: A judging panel, made up of 8 individuals from different gaming companies and organisations, will select the 10 entries they consider subjectively, by consensus, and at their sole discretion, to be the most interesting, engaging and viable games.

The judging panel will select the shortlist based on the following criteria:

(1) originality (33.3%), (2) creativity (33.3%), and (3) aesthetics (33.3%).

The shortlist of the 10 finalist entries (“Shortlists”) will be decided on Wednesday 14th July 2010.

-       Stage 2: Consumers will vote for their favourite game from the 10  Shortlists through the website platform. The two Shortlists with the most votes will go through to stage 3, (thereafter “Finalists”).

The two Finalists will be announced on 29th July 2010.

-       Stage 3: The two Finalists will be made and distributed to the Matterbox community on or after 2 October 2010 (approximately 25,000 people), who will be asked to vote for the winner.

The winner of the competition will be announced on or before 31 October 2010, being the Finalist receiving the most votes from Matterbox recipients (“Winner”).    

The Winner will get the 1st prize; the other Finalist will get 2nd prize, and the runner up prizes will go to all 10 Shortlists.

10.      The Winners will be contacted directly by [email] within [3] after the winner is chosen. If a winner does not respond to the Promoter within [4 weeks], the Promoter has the right to declare the entrant with the next highest number of votes as the winner.

11.      The finalists and winners must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prizes, free of charge, and they consent to the Promoter using their names and images in promotional material.

12.      The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using the prize, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.

13.      The prizes are not transferable or exchangeable and cannot be redeemed for cash or any other form of compensation. In the event for any reason the prize winner does not take an element of the prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. If for any reason a prize is not available, the Promoter reserves the right to substitute another prize for it, in its sole discretion, of equal or higher value.

14.      If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries.

15.      All entrants give the promoter an exclusive, royalty free licence from the date of submission of their entry to end of 31 December 2012 to use, amend, adapt and otherwise deal with or sub-licence the IP (including any format rights) in their entry.  For the avoidance of doubt, this includes publishing their entry (or adaptations of it) online (for the purposes of running voting sessions), manufacturing prototypes and mass producing the pocket game, as well as using the pocket game, should the promoter so wish, at its own consumer or other events.

16.      If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and a new winner of the prize will be determined by the promoter.

17.      The Promoter reserves the right to publish the names and counties of residence of the competition winners.

18.      The promoter is Cadbury UK (the ‘Promoter’) whose registered address Cadbury UK, SvS Team, Cadbury House, Sanderson Road, Uxbridge, Middlesex UB8 1DH.

19.      These terms and conditions are governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.

20.      Unless express consent is given by the entrant for use of the personal information for marketing purposes, the personal information entrants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this competition or communicating with entrants.