This competition (the “Competition”) 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 Competition. By entering the Competition, you are accepting and agreeing to these T&Cs.
- Entering the Competition
To enter the Competition, you must share the content via the relevant channels provided about the competition and in accordance with the instructions and entry requirements set out in these T&Cs and in our social media posts about the Competition:
- Follow the instructions in our Post about the Competition:
- Play JUMANJI: The Curse Returns game and stream to your preferred streaming platform
- Share the video on social media channels Facebook, Twitter or Instagram
- Tagging our social channel @marmaladegames
- Hashtag #JumanjiReturns
Entries will be accepted within the period commencing on the date and time set out in our Posts and shall end on the date and time set out in our Posts. No other forms of entry are accepted, and entries received after the Competition Period are invalid.
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 or Steam account), an internet connection and an account with the relevant social media platform we may collect Entries in connection with (e.g. a Twitter, Instagram or Facebook account).
- Winner selection and winner notification
- After the end of the Competition Period, the 20 winners of the Competition will be selected (the “Winners”), from amongst valid Entries, based verifiably random selection by automated computer process
- The Winners will each be notified by direct message to the users social channels.
- Prize details
- The Winners will receive the prizing as detailed in our Posts
- Prizes are subject to availability and are not transferable or negotiable. There is no cash alternative for 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).
- 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.
- 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 2.1.
- The Promoter does not accept any responsibility if a Winner is not able to take up the prize in accordance with these T&Cs.
- 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 the 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 www.marmaladegamestudio.com/prize-promotion-terms-and-conditions for a copy of these T&Cs.
- The Promoter will not accept:
- The competition is only open to all residents 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 the competition or its administration; or
- members of the immediate families or households of (a) and (b) above.
- By entering the 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 the 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 the Competition entry requirements.
- Entries on behalf of another person will not be accepted and joint submissions are not allowed.
- The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the Competition in Promoter’s reasonable discretion.
- Competition Entries cannot be returned.
- Proof of entering the 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 the 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 the Competition may be promoted and/or administered.
- The competition is only open to all residents aged 18 years or over, except:
- 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 the Competition’s end). To comply with this obligation the Promoter will send the surname and county (where available) of major prize winners and, if applicable, copies of their winning Entries, to anyone who: (i) emails firstname.lastname@example.org[SS5] or (ii) writes to the Promoter’s address set out above (enclosing a self-addressed envelope) within one month of the end of the Competition Period and requests this information.
- If you object to any or all of your surname, county (where available) and winning Entry being published or made available, please contact the Promoter email@example.com. In such circumstances, the Promoter may still be required to provide the information and winning Entry to the Advertising Standards Authority on request.
- 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 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 the 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 9.
- Data protection
- In order to operate the 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 the Competition or delivery of prizing. Personal data may be shared with Crowd9 PTY LTD (T/A Gleam) for these purposes.
- Entrants’ personal data will be processed by Promoter only so long as reasonably necessary for the administration of the Competition and Promoter’s record keeping and will be deleted by Promoter thereafter.
- Entrants’ personal data will be used by the Promoter to operate the 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 the Competition and marketing of the Promoter’s business.
- Social media platforms
- 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 Competition.
- The Promoter reserves the right to hold void, suspend, cancel, or amend the prizing or Competition where it becomes necessary to do so.
- 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.
If you would like to take an approach which uses bespoke T&Cs for each prize draw, the name of the promotion can be inserted. If you would prefer a more generic set of T&Cs to be used across multiple prize draws (see ‘Option 2’ set out in these terms and in the in-margin comments), you might prefer to just delete this text.
Please insert URL of where the T&Cs would be made available.
Please note that they would be required to be made available in posts promoting the competition and at the point of entry (always no more than one click away).
‘Key’ information about the competition should be made available in your initial marketing (e.g. your posts). It’s fine to abbreviate where characters are limited, but (per the guidance of the Advertising Standards Authority and the CAP Code), the information should cover (without limitation):
– How to participate (conditions and any factors likely to influencer the consumer’s decision);
– Start and end dates and times;
– The number and nature of prizing;
– Entry restrictions (e.g. age, country, the need for internet connectivity); and
– Marmalade’s details (name and address), unless obvious (e.g. posted from a Marmalade social media account).
Age can be edited appropriately and with consideration given to the nature of the prizing, game and what you are asking entrants to do.
By way of an FYI for the future, we generally recommend never going lower than an age range of 13 for prize promotion entry / entry terms.
The approach on this point depends upon Marmalade’s preference for the particular activity.
One of these options can be used (with the rest removed) for the number of entries permitted for individuals for each promotion.
For simpler activities, one entry per person may be appropriate. For when there are multiple methods of entry, Marmalade might then prefer Option 2 or Option 3.
Please insert a customer services / generic information email contact point (e.g. a customer services contact point at Marmalade).
Please note that although we recommend having this in the T&Cs as a safety net, it can create risks (and is not recommended) in practice to amend the T&Cs once the competition has begun. The general position from the (UK) Advertising Standards Authority is that, once commenced, the competition T&Cs should be unchanged (therefore it’s important to get them right and make them comprehensive).
Please note that this IP provision provides for a licence to Marmalade from the consumer in UGC / new IP created in their Entries. If Marmalade requires a more aggressive position on this point (e.g. an assignment of the IP), please let me know and we can consider further.
Depending on what the user generated content might be, we would suggest giving careful consideration to this area. As and when you run an activity involving UGC, we can assist further if you would like us to.
Similarly, we can also advise further about data transfers to Gleam and appropriate measures that may be required (for GDPR compliance) between Marmalade and Gleam for such data transfers, if you would like us to.