LONG TERMS AND CONDITIONS
1. THE PROMOTER
The Promoter is: Johnson & Johnson Limited, Foundation Park, Roxborough Way, Maidenhead, Berkshire, SL6 3UG
2. THE COMPETITION
2.1 The title of the competition is ‘Face of Fastmelts’. The competition is only open to residents in the United Kingdom, aged 18 years or over, except employees (and members of their immediate families/households) of the Promoter, its affiliated companies, their agencies and anyone professional connected with this competition. The Promoter may ask the winner to provide proof of age.
2.2 The competition involves entrants submitting a photograph of their child (aged between 6 and 12 years as at 12/02/18), with the child’s name and age, and if selected for the shortlist, the child attending a professional photoshoot with a parent or legal guardian in London on 26/05/18. If the child and a parent or legal guardian is unable to attend as specified, they will be ineligible to be a winner and will not receive any element of the Prize(s).
3. THE PRIZE
3.1.2 5 x Shortlist Winners – each to receive:
- 1 x Merlin standard family annual pass (for a maximum of 2 adults who are aged 12 yrs + and 2 children who are agreed between 3 and 12 yrs);
- 1 x professional photoshoot for the winning child (attendance with a parent or legal guardian in London on 26/05/18 required, travel up to £100 included) (the “Photoshoot”); and
- 1 x print of the winning child to be selected, by the parent or legal guardian, from the photos taken at the Photoshoot.
3.1.3 1 x Overall Winner – to be selected from the 5 Shortlisted Winners to be the CALPOL® ‘Face of Fastmelts’ and feature on the CALPOL® SIXPLUS™ Fastmelts pack.
3.2 The Promoter may need to change the date and/or location of the Photoshoot, in which case they will contact the Shortlist Winners to make alternative arrangements.
3.3 The duration, scope and general implementation of the ‘Face of Fastmelts’ campaign and feature of the Overall Winner on pack is at the absolute discretion of the Promoter. The Promoter reserves the right to substitute all or any element of the Prize/s. The process for changing packaging can be lengthy and requires approval from the Medicines and Healthcare products Regulatory Agency. As such, the timing for delivery of the Overall Winner Prize (i.e. being featured on the CALPOL® SIXPLUS™ Fastmelts pack) cannot be guaranteed and may take up to 1 year from the Photoshoot
3.4 Prizes are subject to availability. There is no cash alternative for the prize.
3.5 The Merlin Standard Annual Family Pass prize is supplied by Merlin Entertainments, Link House, 25 West Street, Poole, Dorset, BH15 1LD (the “Supplier”). The Promoter reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter’s control make it necessary to do so. The prize is subject to the Supplier’s terms and conditions, which can be found at: www.merlinannualpass.co.uk/information/terms
3.6 The prize is not negotiable or transferable
3.7 The Promoter does not accept any responsibility if you are not able to take up the prize or any element of the prize.
4. HOW TO ENTER
4.1 The competition will run from 00:01am on 12/02/18 (the “Opening Date”) to 11:59pm 08/04/18 (the “Closing Date”) inclusive.
4.2 All competition entries must be received by the Promoter by no later than the Closing Date. All competition entries received after the Closing Date are automatically disqualified.
4.3 Competition Entry
4.3.1 To enter the competition:
No purchase necessary. Enter online by submitting the online entry form provided on CALPOL® Facebook page by Closing Date.
4.3.2 The competition requires submission of a photo of the entrant’s child depicting the competition theme of enjoying their passion e.g. partaking in a hobby, and providing the following information (the "Material") on the entry form of:
a. First and last name of parent/legal guardian completing the entry (the "Entrant")
b. Email of parent/legal guardian completing the entry
c. Postcode of parent/legal guardian completing the entry
d. Child's first name & age in years
e. Upload a photo child which complies with the competition theme.
4.3.3 By submitting an entry, Entrants agree that, subject to moderation in accordance with this paragraph, their child’s name, picture and age based on the Material (“the Entry Summary”) may be shown on the CALPOL® Facebook page and website and be viewed by members of the public.
4.3.4 Personal details of child entered will only be used in accordance with these terms and conditions.
4.3.5 The Material should not contain identifiable images of any other adults and/or children, animals or any recognisable brands; any Material that does contain an image of another adult and/or child, animals or brands will be disqualified.
4.3.6 All Material will be pre-moderated by the Promoter before appearing as part of the competition. The Promoter endeavours to make entries appear within a reasonable timeframe however please note that moderation times may vary due to high volume of entries.
4.3.7 Video content is not permitted; Material that includes a video will be disqualified.
4.3.8 Material can only be entered into the competition by the parents or legal guardians of the child featured. In the event that you enter Material that includes a child you of whom you are not the parent or legal guardian, your Material will be disqualified.
4.3.9 By entering the competition, Entrants acknowledge and give their consent to photos being retained by the Promoter and used in the following way:
• Future marketing and PR for the CALPOL® brand, for example on the CALPOL® Facebook page, the CALPOL® website and other sites, competition gallery on the CALPOL® website/Facebook page, on future Facebook posts and in a montage film published on-line at the end of the competition.
• In the event that any adverse events are reported as a result of this competition, any related images will need to be retained by the Promoter indefinitely for legal reasons.
4.3.10 By entering the competition, Entrants acknowledge that the competition prizes include photos that are taken at the Photoshoot potentially being featured in the CALPOL® ‘Face of Fastmelts’ campaign and on the CALPOL® SIXPLUS™ Fastmelts pack and hereby give their consent to the photos being retained and used by the Promoter in this manner. Should the Entrant be selected as the Overall Winner, the Entrant agrees to sign a licence confirming assignment of intellectual property rights and waiver of moral rights on their own and on behalf of the child, as requested by the Promoter.
4.3.11 Any Material deemed inappropriate, incomplete, incorrect or unsuitable, in the Promoter's sole discretion, will be disqualified from the competition and will not appear as part of the competition.
Inappropriate and unsuitable Material includes, but is not limited to:
- pornographic or "off-colour" Material,
- political content or propaganda,
- obscene, sexual, profane, lewd, or otherwise offensive Material,
- music of any kind
- car license plates, phone numbers or personal addresses
- website or web page links,
- derogatory characterizations of any ethnic, racial, sexual or religious groups,
- any third-party materials that may otherwise violate or infringe (or may infringe) copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable,
- any Material that infringes or violates someone else's rights or the law,
- any content or performance that has been broadcast or streamed, published or televised on television or as part of a recording of a motion picture film or television programme,
- Material that is not of satisfactory quality (i.e. brightness, focus, volume) to be streamed online
- Material defaming or invading publicity rights or privacy rights of any person, living or deceased, or otherwise infringing upon any person's personal or proprietary rights,
- Material containing Adverse Events regarding use of the Promoter's, or its Affiliates' products, drugs, or devices (Adverse Events means any unexpected or unfavourable symptoms associated with the administration or use of a product, including overdose, abuse/misuse of a product, withdrawal symptoms or lack of efficacy).
- Material containing off-label use of the Promoter's or its affiliated companies' products, drugs or devices.
- Material which shows clothing or other objects showing visible logos, drawings, cartoons, phrases, trademarks or other third-party materials.
- Material which does not comply with the competition theme.
- Material that is deemed dangerous or where health and safety is in question.
4.3.12 By entering the competition and uploading Material, you confirm that the Material entered is your own or that you have the written consent of the owner to publish this Material.
4.3.13 The Promoter may show some example pictures depicting the competition theme. These are examples only and are not being entered into the competition.
4.4 The Promoter will not accept: responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or proof of posting or transmission as proof of receipt of entry to the competition. All internet connection charges and any other expenses which may be incurred due to entering or winning the competition are the sole responsibility of the participant.
4.5 By submitting a competition entry, you are agreeing to be bound by these terms and conditions.
4.6 For help with entries, please contact the consumer helpline on 01344 864042.
4.7 Selection of Winners
4.7.1 The competition will be conducted in three rounds:
- 100 entries will be selected from all eligible entries using randomised software (“100 Selected Entries”).
- From the 100 Selected Entries, a judging panel will select 5 entries (and substitutes) in accordance with the following criteria: artistic/visual appeal and the extent to which the photograph captures the essence of the child enjoying their passion (“Shortlist Winners”). The decision of the panel of judges (acting reasonably) will be final. The Promoter will send the full names of the judges to anyone who writes requesting details of the judges and encloses a self-addressed envelope to The CALPOL® Brand Team, Johnson & Johnson Ltd, Foundation Park, Roxborough Way, Maidenhead, SL6 3UG within 28 days of the Closing Date.
- The Shortlist Winners will attend the Photoshoot and the judging panel will choose an overall winner from the photographs taken (“Overall Winner”).
4.7.2 The 100 Selected Entries will be drawn within 7 days of the Closing Date. The 100 Selected Entries will not be notified by the Promoter but will automatically progress to the next round (see 4.7.1 (ii) above).
4.7.3 The Shortlist Winners will be chosen within 14 days of the Closing Date and will be notified by email within 21 days of the Closing Date. If a Shortlist Winner cannot be contacted and attendance at the Photoshoot confirmed within 3 days of notification, the Promoter reserves the right at its absolute discretion to withdraw prize entitlement and award the prize to a substitute winner chosen at the same time as the original, to a maximum of 5 substitute winners in total, following which the Promoter reserves the right at its absolute discretion to withdraw the prize/s.
4.7.4 The Overall Winner will be selected and notified by email within 7 days of the Photoshoot. A condition of being the Overall Winner and receiving the prize is signing a licence confirming assignment of intellectual property rights and waiver of moral rights, on their own behalf and on behalf of the child in respect of the photographs taken at the Photoshoot
5.1 In entering the competition, you confirm that you are eligible to do so as the parent or legal guardian of the child in the photo submitted and eligible to claim the prize you may win, including availability of the child in the photo submitted to attend the Photoshoot with a parent or legal guardian. The Promoter may require you to provide proof that you and your child are eligible to enter the competition.
5.2 The Promoter will not accept competition entries that are: automatically generated by computer; completed by third parties or in bulk; illegible, have been altered, reconstructed, forged or tampered with; photocopies and not originals; or incomplete.
5.3.Entries on behalf of another parent/guardian will not be accepted and joint submissions are not allowed.
5.4 The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition and to verify all entries including but not limited to asking for address and identity details (which must be provided within 14 days). The Promoter may refuse to award a prize or withdraw prize entitlement, refuse further participation in the competition and disqualify the participant where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this competition’s entry requirements or otherwise where a participant has gained unfair advantage in participating in the competition or won using fraudulent means.
5.5 Competition entries cannot be returned.
5.4 The Promoter will send the name and county of the winner to anyone who writes within one month after the Closing Date of the competition requesting details of the winner and who encloses a self-addressed envelope to The CALPOL® Brand Team, Johnson & Johnson Ltd, Foundation Park, Roxborough Way, Maidenhead, SL6 3UG.
6. LIMITATION OF LIABILITY
Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
The Shortlist Winners and any persons using the [Merlin Annual Family Pass] and attending the Photoshoot acknowledge that the Merlin and Photoshoot facilities are organised and run by third party companies who are not part of the Promoter’s group of companies and that the Promoter, to the extent permitted by law, excludes any liability arising out of participation in any of the activities.
7. OWNERSHIP OF COMPETITION ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
7.1 All competition entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned. By submitting your competition entry and any accompanying material, you agree, and agree on behalf of the child in the competition entry, to:
(a) assign to the Promoter all your and your child’s intellectual property rights with full title guarantee; and
(b) waive all your and your child’s moral rights, in and to your competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
7.2 All photographs taken at the Photoshoot are the property of the Promoter. By participating in the Photoshoot you agree, and agree on behalf of the child in the competition entry, to:
(a) assign to the Promoter all your and your child’s intellectual property rights with full title guarantee; and
(b) waive all your and your child’s moral rights; in the photographs and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world. Furthermore, you agree to sign a licence reflecting the above at the request of the Promoter.
7.3 You agree that the Promoter may, but is not required to, make your entry available on its website www.calpol.co.uk and any other media, whether now known or invented in the future, and in connection with any publicity of the competition and future marketing campaigns in connection with the CALPOL® brand. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry and any accompanying materials for such purposes.
7.4 Merlin Entertainments is a trademark of its respective owners. The Promoter does not claim any rights in such trademarks and the competition is not associated with or enforced or supported by any of such trademark owners.
8. DATA PROTECTION AND PUBLICITY
8.1 If you are a winner of the competition, you agree that the Promoter may use your name, image and town or county of residence to announce the winner of this competition and for any other reasonable and related promotional purposes.
8.2 You further agree to participate in any reasonable publicity required by the Promoter.
9.1 The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.
9.2 These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.