PRIZE PROMOTION TERMS AND CONDITIONS

MARMALADE GAMES ADVENT CALENDAR 2022

This event (the “Event”) is organised by Marmalade Game Studio Limited, a company registered in England and Wales with company number 03677408 and registered address 33 Charlotte Street, London, England, W1T 1RR (the “Promoter”, “us”, ”we”).
Please read these Terms and Conditions (“T&Cs”) carefully, as they govern your participation in the Event. By entering the Event, you are accepting and agreeing to these T&Cs.

The Event will run from 1 December 2022 until 24 December 2022 (inclusive). On certain days of such period, we will host a separate competition for a prize (each, a “Competition”).  These T&Cs apply to each Competition.

Entering a Competition

To enter a Competition, you must complete the entry requirements (the “Entry Requirements”) for that particular Competition as set out in Schedule 1 to these T&Cs on Instagram, Twitter or Facebook (each an “Entry”, together the “Entries”).

Entries will be accepted within the period (the “Competition Period”) for that particular Competition as set out in Schedule 1 to these T&Cs. No other forms of entry are accepted and entries received after the Competition Period are invalid.  You may only enter once per Competition and we reserve the right to disqualify multiple entries across multiple social media platforms.

No purchase is needed for you to enter the Competition and there is no charge from us.

In order to participate, you will require a compatible device to enter through (e.g. your mobile phone) and an internet connection.

1. Winner selection and winner notification
   • After the end of each Competition Period, a winner of that Competition will be randomly selected (the “Winners”) from amongst valid Entries for that Competition.
   • The Winners will each be notified by direct message through the social media platform through which they made their Entry.  Winners who do not claim prizing or respond to requests for information within 90 days of such notification invalidate their right and claim to such prizing.
2. Prize details
   • The Winners will receive the prize for that particular Competition as set out in Schedule 1 to these T&Cs. Prizes are strictly subject to availability and are not transferable or negotiable. There is no cash alternative for prizes.  If there are multiple versions of a Prize (such as design, colour, size of clothing or platform of a game), the Promoter may (but is not obligated to), at its sole discretion, liaise with the Winner to confirm and provide the version of the Prize preferred by the Winner. Variations to the Prize may exist (such as design, colour or size of clothing) and Promoter shall not be liable for any changes to the Prizes.
   • The Promoter reserves the right to substitute the prize for another of equal or greater value (e.g. in the event the original prize becomes unavailable).
3. Claiming a prize
   • If you are a Winner, you will have 90 days from the date you are notified of having won (in accordance with the Winner notification process in these T&Cs) (the “Prize Acceptance Period”) within which to claim the prize by confirming acceptance of the prize in response to the Promoter’s message to you. Winners who do not claim prizing within this period invalidate their right and claim to such prizing.  Winners must provide an email address through which we can correspond with you to arrange digital or physical delivery of the prize.The prize cannot be claimed by a third party on your behalf.The Promoter will make all reasonable efforts to contact Winners. If a Winner cannot be contacted or is not available, or has not claimed their prize within the Prize Acceptance Period, the Promoter reserves the right to offer the prize to the next eligible entrant selected from the correct entries that were received by virtue of repeating the same Winner selection method as set out in clause 1.
   • The Promoter does not accept any responsibility if a Winner is not able to take up or redeem the prize in accordance with these T&Cs.
4. Promoter’s responsibilities and contacting the Promoter
   • 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.
   • If you have a question about a Competition or how to enter it, you can find further details in our Posts and the relevant website pages and information we may make available.
   • Please see https://www.marmaladegamestudio.com/marmalade-games-advent-calendar-2022/ for a copy of these T&Cs.
5. Eligibility
   • The Competitions are only open to all residents in the United Kingdom, United States of America, Canada and European Union aged 18 years or over, except:
     • employees of the Promoter or its holding or subsidiary companies;
     • employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with a Competition or its administration; or
     • members of the immediate families or households of (a) and (b) above.
   • By entering a Competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may in some circumstances require you to provide proof that you are eligible to enter a Competition.
   • The Promoter will not accept 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 (where applicable); or
     • incomplete, late or not submitted in full compliance with a Competition’s Entry Requirements or these T&Cs.
   • There is a limit of one Entry per person per Competition. Entries on behalf of another person will not be accepted and joint submissions are not allowed. Winners will not be selected twice for multiple prizes.
   • The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of a Competition in Promoter’s reasonable discretion.
   • Competition Entries cannot be returned.
   • Proof of entering a Competition does not constitute proof of receipt. Promoter is not responsible for entries which are not received or processed due to a technical problem.
   • In accordance with the Entry mechanic for a Competition, there may be prerequisites to your being able to enter, including without limitation having internet connectivity and a user account on the relevant third-party social media platform (e.g. Twitter) where a Competition may be promoted and/or administered.
   • Employees, officers and directors of the Promoter and their immediate families (parents, children, siblings, spouse, uncles, aunts, nephews, nieces, grandparents, and in-laws, regardless of where they live) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter.
6. Prize winners and winner selection
   • The decision and results concerning prize winners are final and no correspondence or discussion will be entered into after selection is made in accordance with these terms.
   • Promoter will make available information that indicates that a valid prize award took place on request (after a Competition’s end). To comply with this obligation the Promoter will send redacted information of major prize winners and, if applicable, copies of their winning Entries, to anyone who: (i) contacts Promoter at https://www.marmaladegamestudio.com/support (ii) writes to the Promoter’s address set out above (enclosing a self-addressed envelope) within one month of the end of a Competition Period and requests this information.
   • If you object to any or all of your personal details and winning Entry being published or made available, please contact the Promoter at https://www.marmaladegamestudio.com/support. In such circumstances, the Promoter may still be required to provide the information and winning Entry to the relevant regulatory bodies on request.
7. 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.  In particular, the Promoter shall not be liable for any shipping delays or damage caused to any physical prize as a result of transit.
   • The Promoter reserves the right to change, suspend or cancel a Competition without specifying the reasons for its decision and without incurring liability as a result. These T&Cs will apply to the Event and Competitions. The Promoter reserves the right to modify these T&Cs at any time prior to, during or after each Competition Period.
   • Except where required by law and regulation, all prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
8. Intellectual property
   • The Promoter does not claim any rights of ownership in your original competition Entry content.
   • You agree that the Promoter may, but is not required to, make your Entry available on its websites, and any other media and social media, in connection with any reasonable publicity of a Competition. You agree to grant the Promoter a royalty-free, non-exclusive, worldwide, irrevocable licence, for the full period of your intellectual property rights in the Entry (if any are applicable) and any accompanying materials you provide, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-license the Entry and any accompanying materials for such purposes.
   • To the extent your Entry involves you submitting user-generated content, third party content or any materials or assets containing your or third party intellectual property rights to the Promoter, you warrant and undertake to the Promoter that:
     • all materials and assets you submit in your Entry are your original works, are not defamatory and do not infringe third party rights (including without limitation intellectual property rights or privacy rights);
     • there are no conflicting agreements in place concerning use of any assets and materials you submit in your Entry;
     • you have obtained all necessary or reasonably prudent consents and permissions for or in connection with any and all assets and materials in your Entry (including without limitation from any individuals featured in your Entry, and their parents – if such individuals are under the age of 18); and
     • you will produce evidence or documentation to Promoter’s reasonable satisfaction to show your compliance with this clause 8.
9. Data protection
   • In order to operate a Competition and for prize delivery, the Promoter may require Entrants to provide certain personal data including their name, address, social media username, contact details and/or email address (where applicable). Promoter may require further personal data in some circumstances to verify a Winner’s identity or eligibility. The Entrants’ personal data may be share by Promoter with its partners, vendors or agents of the Promoter for the administration of a Competition or delivery of prizing.
   • Entrants’ personal data will be processed by Promoter only so long as reasonably necessary for the administration of each Competition and Promoter’s record keeping and will be deleted by Promoter thereafter.
   • Entrants’ personal data will be used by the Promoter to operate each Competition and arrange prize fulfilment, and is processed by the Promoter on legal bases including performance of a contract (being these T&Cs) and the Promoter’s legitimate interests, being its business, promotional and commercial interests related to ensuring good administration of each Competition and marketing of the Promoter’s business.
   • The Promoter will only process your personal data as set out in these T&Cs and the Promoter’s Privacy Policy: https://www.marmaladegamestudio.com/privacy/.
10. Social media platforms

We may operate competitions through third party social media platforms such as, without limitation, Facebook, Instagram and/or Twitter. Unless expressly stated to the contrary, our activities are in no way endorsed by or associated with such third parties. Where a Competition entry mechanic requires entry via such social media platforms, you will be required to have a user account with the relevant social media platform and to comply with the relevant platform’s terms of use and other relevant policies in order to be eligible to participate.

This promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform or other third party.

11. General
    1. If there is any reason to believe that there has been a breach of these T&Cs, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the Event and each Competition.
    1. The Promoter reserves the right to hold void, suspend, cancel, or amend the prizing or any Competition where it becomes necessary to do so.
    1. 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.

SCHEDULE 1

Part A – Platform Entry Requirements

Instagram

1. “FOLLOW” our official Marmalade Games Instagram account
2. “SHARE” our original Instagram post announcing the relevant Competition to your Instagram Stories
3. “TAG” a friend’s Instagram account in the comments section of our original Instagram post

Twitter

1. “FOLLOW” our official Twitter account
2. “RETWEET” our original Twitter post announcing the relevant Competition using your Twitter account
3. Use #MarmaladeXmas in your quote tweet

Facebook

1. “FOLLOW” our official Facebook account
2. “SHARE” our original Facebook post announcing the relevant Competition using your Facebook account
3. “TAG” a friend’s Facebook account in the comments section of our original Facebook post

Part B – Individual Competition Details