Information on how to enter forms part of these conditions of entry and participation in this promotion (“Messages’) constitutes acceptance of the same.
The Promoter is Cadbury UK, a partnership between Cadbury UK Limited, Trebor Bassett Limited and The Old Leo Company Limited, at Cadbury House, Sanderson Road, Uxbridge, UB8 1DH, United Kingdom.
Entry is open only to UK residents aged 16 and over 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 promotion are eligible to enter. Messages begins at midday on 21st August 2009 and closes at midday 19th October 2009 (“Promotion Period”).
The prize fund consists of the following: no less than 1,200 blocks each consisting of approximately two weeks of rental display time around the UK and Ireland (the 'Spaces') and 6 advertising blocks around the UK at high visibility locations each consisting of approximately two weeks of rental display time (the 'Finale Sites'). Dates of display vary by location and medium. Dates for Spaces and Finale sites range between 21 September 2009 to 15 November 2009. This is subject to acceptance by owners of the advertising spaces and may vary accordingly. Please note: the Promoter will purchase additional spaces (approximately 200 Spaces, as well as novelty sites, should they become available). In conjunction with Messages, the Promoter: (I) rewarded two Promoter group employees with their own messages in Spaces through an internal selection process (II) donated four Spaces to businesses or individuals for their own messages for the following purposes: Cadbury Internal Employee (Mobile Ad Van, 22/10/09, Birmingham); Cadbury Internal Message (Billboard, 2/11/09-15/11/09, Slough); Customer Message 1 (Billboard, 5/10/09-18/10/09, Denham); Customer Message 2 (Mobile Ad Van, 6/11/09, Sheffield). Any remaining Spaces and/or novelty sites shall then be added to the prize fund for Messages.
Whilst the promoter should use reasonable endevours to place winning entries at their preffered site, it shall accept no liability should this not prove possible.
Entries submitted will be reviewed by the Promoter’s legal team and its marketing agency to ensure that they comply with the relevant criteria set out in these terms and conditions, industry advertising codes, and applicable laws and regulations (the “Review Criteria”).
Entries that do not meet the Review Criteria will be rejected, and the entrant informed by email
The entries chosen by the panel of Wispa fans to win Spaces will be displayed on at least one Space for approximately one to two weeks. Winners of Spaces will be informed by email, and will be provided with details of the location and start date for when their entry will be displayed.
Those entries that win Spaces (and which meet Review Criteria) will be published on the Wispa Gold website (www.wispagoldmessages.com) and then judged by a panel of Wispa fans as described on www.wispagoldmessages.com (the “Panel”) who will assess the entries and choose those they believe best tell a story or capture spirit of the promotion through their concept. The six entries that the Panel feel are the most special will then be displayed on Finale Sites. In all circumstances and stages, the Panel’s decision is final. and no correspondence will be entered into. the Panel will choose six entries it considers at its sole discretion to be best suited according to the Criteria to be displayed in Finale Sites. One of each of those chosen six will then be displayed at each of the six Finale Sites. Winners of Finale Sites will be informed by email, and will be provided with details of the location and start date for when their entry will be displayed.
To enter, individuals must, by midday 19th October:
- submit their entry consisting of a message (which may be made up of text, images, or a combination of both) online at www.wispagoldmessages.com. Internet access is required.
- submit an accompanying explanation of the purpose of the entry or the story behind it.
- State whether they wish a Messages helper (being a member of the Promoter’s marketing agency creative team) to adapt their entry into a poster-friendly image (please note, the entrant will not have any pre-approval of the message as adapted by the helper and must accept the version as modified by the helper).
- supply the following correct personal data at registration: full name, postal address, email address, date of birth and telephone number which they consent to being used by the Promoter and its agents for the purposes of administration of this competition (see below for data protection and privacy policy details).
- There is no limit to the number of times individuals may enter. The cap on prizes is once all Sites and Finale Sites have been used.
All winning entrants must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding Messages and their submitted ‘message’, free of charge, and they consent to the Promoter using their name and image in promotional material.
The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
The Promoter does not warrant that any use of or access to its website will be uninterrupted by error or virus free, nor shall it have any liability for damage caused by hostile software which may infect a participant’s equipment or property as a result of that participant using or browsing the website.
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 promotion, except for any liability which cannot be excluded by law including death, personal injury and fraud (in which case that liability is limited to the minimum allowable by law).
The Prizes are not transferable or exchangeable and cannot be redeemed for any other form of compensation. If for any reason the prize becomes unavailable or unreasonable or unlawful to provide, the Promoter reserves the right to substitute another prize for it, in its sole discretion, of equal or higher value. Once an entry has been submitted, it cannot be withdrawn by the entrant.
If for any reason any aspect of the Messages promotion is not capable of running as planned, including by reason of force majeure, an act of terrorism, riot, 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 Messages, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Messages promotion, or invalidate any affected entries, where required.
In the event that there are insufficient valid entries to award Sites to, the Promoter reserves the right to run winning entries for longer time periods, or on more locations, than stated in the prize awarded.
The Promoter may publish the names and the town/city/counties of residence of the winners on its website and the poster itself. The winners’ details, (name and county), will be made available on request to those writing to Wispa Gold Messages Promotion, Wispa Brand Manager, Cadbury Holdings Ltd, Cadbury House, Sanderson Road, Uxbridge, Middlesex UB8 1DH within 10 weeks of the published Closing Date, enclosing a SAE.
The entrant affirms that:
- The entry is the entrant’s original creation (or in the case of an entrant entering the work of a minor, the entrant is the legal guardian of the relevant minor, and confirms that the work is the original creation of that minor);
- the entrant has obtained the written consent, release and/or permission of any identifiable individuals in the entry (unless incidental inclusion) to enable inclusion of the entry in the manner contemplated by Messages and these Terms;
- does not contain any material which: (i) is offensive and/or derogatory, (ii) is of a pornographic 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.
- Does not encourage excessive consumption of confectionery, is not purposefully designed to market confectionery directly to children, nor encourage unsupervised consumption of confectionery by children under 8 years old.
- Complies with the provisions of the relevant advertising standards code (In the United Kingdom see the CAP Code (http://www.cap.org.uk/cap/codes/cap_code/) and in Ireland see the Advertising Standards Authority of Ireland Code (http://www.asai.ie/asai/codebook.pdf), and in particular sections relating to children, and food and drink.
The Promoter reserves the right to refuse to accept and/or to remove from the websites displaying materials from entries any materials in any entries the Promoter deems, at its sole discretion, at any time either (i) not to comply with the terms as set out herein or (ii) to go against the spirit of Messages. If any element of an entry breaches these terms, the Promoter has the right to reject the whole entry, regardless of the stage the entrant has reached in Messages.
By submitting entries and by agreeing to take part in Messages entrants hereby grant the Promoter a worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, broadcast and perform any elements of the entries, deemed to commence at the moment of submission of each of the entries, and ending on 19th October 2012.
Entrants hereby agree they irrevocably waive any moral rights they may have in the entries.
The Promoter reserves the right to amend these terms and conditions at any point during this promotion provided that such amendment is lawful. Please check the website www.wispagoldmessages.com for current version.
By entering Messages, all entrants consent to the use of their personal data by the Promoter for the purposes of the administration of this promotion. Please read the Promoter’s Privacy Policy here. All entrants confirm that they will not include information that identifies a third party unless they have their consent to do so.
These terms and conditions shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.
Cadbury reserve the right to tidy up messages, including spelling and punctuation, to make them billboard-ready.