terms
terms and the conditions of entry
1. Promoter details
1.1 The promoter of the Competition is Associated Newspapers Limited (the "Promoter"), a company registered in England and Wales with registered number 84121 whose registered office is at Northcliffe House, 2 Derry Street, Kensington, London W8 5TT.
1.2 The Promoter is the publisher of Metro (the "Newspaper").
1.3 In respect of the Competition, the Promoter's usual promotion rules shall apply
http://www.metro.co.uk/games/10026-usual-metro-promotion-rules-apply provided always that in the event of any conflict or inconsistency, these terms and conditions shall take precedence over the Promoter's usual promotion rules.
2. Conditions of entry
2.1 The Competition is only open to residents, companies, firms and other bodies corporate which are situated in England, Wales, Scotland and Northern Ireland. Employees of the Promoter (and their immediate families) and any other person or entity professionally connected to the Competition are not allowed to enter the Competition, and any entry submitted by any such person or entity will be invalid.
2.2 Entrants must be aged 18 years or over at the time of entry. Valid proof of eligibility must be provided upon request.
2.3 By entering the Competition, each entrant is deemed to accept and be bound by these terms and conditions.
3. How to enter
3.1 The opening date for entries to the Competition is 4th May 2011. The closing date is on the 25th May unless otherwise stated.
3.2 No purchase is necessary. The Competition is free to enter. Entrants can enter by completing the official entry form at www.venturecandy.co.uk (the "Website"). Entrants must accurately complete their details at the required fields including their name, email address, date of birth and details of their business idea.
3.3 When submitting an entry, each entrant will be asked to select a category into which their entry falls. If the entrant does not select a category, the Promoter shall select a category for the entry in its sole discretion. The categories are:
3.3.1 design and technology;
3.3.2 food and drink;
3.3.3 green;
3.3.4 fashion and interiors; and
3.3.5 health and beauty
(together the "Categories").
3.4 Subject to section 9.4 below, the Promoter is not responsible, and shall not be liable for, any problems related to any telephone network lines, computer online systems or equipment, software failure or failure of any entry to be received on account of technical problems or traffic congestion on the internet, telephone lines or the Website, or any combination thereof.
3.5 Only one entry will be accepted per entrant. No entries will be accepted in bulk, from agents or third parties.
3.6 By submitting an entry, each entrant warrants and represents that:
3.6.6 such entry will not contain any material which is libellous, obscene, offensive, defamatory, indecent or threatening or any material which may otherwise damage the reputation of the Promoter; and
3.6.7 such entry will not infringe the rights of any third party (including any third party's copyright, trade mark, patent or other intellectual property right).
4. Competition overview
4.1 The aim of the Competition is for entrants to submit the most innovative and entrepreneurial business idea.
4.2 The Competition is divided into two stages:
4.2.8 in the first stage, the Promoters (and third parties) will judge which entries contain the most innovative and entrepreneurial business idea. The best 3 entries in each Category will eventually appear in a list of finalists (as determined in accordance with section 5 below); and
4.2.9 in the second stage, the public will be able to vote for which of the finalists they think have the most innovative and entrepreneurial business ideas. The entries which receive the most votes in each Category will be the winners of the Competition (see section 6 below).
5. First stage - creation of list of finalists
(a) Shortlist
5.1 Within 30 days of the closing date, the Promoter and an independent judge or judges will select a shortlist across the Categories (the "Shortlist") which they deem to be the most innovative and entrepreneurial. The Promoter will notify each entrant whose entry is on the Shortlist (each a "Shortlisted Entrant") by email to inform them that they have been selected for the Shortlist.
5.2 The Promoter shall be entitled to contact each Shortlisted Entrant to seek further information about their business idea (and if applicable seek information about their background and personal circumstances) and each entrant agrees that it shall provide all co-operation, assistance and information (including the provision of any relevant documents) which is reasonably requested by the Promoter including but not limited:
5.2.10 participating in interviews with the Promoter; and
5.2.11 attending photo-shoots organised by the Promoter;
in accordance with the Promoter's reasonable instructions from time to time.
5.3 Each entrant agrees that any information it provides to the Promoter in respect of the Competition will not be confidential and may be reproduced by the Promoter without limitation including but not limited to reproduction at any time in the Newspaper and/or the Website. Entrants explicitly acknowledge and agree that information about their business idea may feature in the Newspaper and/or the Website.
(b) Finalists
5.4 The Shortlist will then be reviewed by and discussed between a panel of entrepreneurs, investors and business people and other judges (the "Panel"). Each member of the Panel will be selected by the Promoter in its sole discretion.
5.5 The Panel, together with an independent judge or judges will select 3 entries in each Category (the "Finalists") to proceed to the second stage of the Competition. As part of the selection process an entrant may be contacted and asked to attend a meeting with the Panel or a member of the Panel. Each Finalist will be notified by the Promoter by email if they reach this second stage.
6. Second stage - public vote
6.1 Each of the Finalists will be listed on the Website and in the Newspaper. Each entrant agrees that in the event that it is selected as a Finalist it shall provide reasonable assistance and co-operation to the Promoter in respect of describing and/or promoting:
6.1.12 the Finalist's entry; and/or
6.1.13 the Competition in general;
including participation in interviews and photographic shoots.
6.2 A winning Finalists from each Category will be decided by a public vote conducted via the Website, text message or telephone, and/or by such other methods as the Promoter may select in its sole discretion from time to time (each a “Winner”).
6.3 Each Winner will receive a Prize. Each Prize shall include the creation of an advertisement for the Winner's business idea, and the publication of the advertisement in the Newspaper; and services relating to marketing consultancy, business club membership; cloud based unified communications.
6.4 In respect of the Winner's advertisement, the Promoter shall be entitled to reject any advertisement which it deems is unsuitable in its sole discretion.
6.5 Failure by a Winner to claim a prize or provide appropriate contact details will make any claim invalid.
6.6 The name of the winner will be published in the Newspaper and on the Website. The winner must co-operate for publicity purposes in accordance with the reasonable instructions of the Promoter from time to time.
6.7 No alternative prizes will be offered and the prize shall be non-transferable.
6.8 Ads in Metro equate only to FH non premium positions or back half of the paper. Rates will be calculated on minimum trading rates. Further information will be given when prize is taken. Adverts taken to to be completed by March 2012.
7. Investment by the Panel
7.1 Each entrant agrees that upon request it shall enter into a good faith discussion with the Promoter, The Scarlett Mark Limited and any member of the Panel who so wishes to discuss a possible investment in the entrant's business idea. For the avoidance of doubt, there shall be no obligation whatsoever on any entrant to accept any investment or to enter into any such agreement with the Promoter, The Scarlett Mark Limited, a Panel member or any other third party.
8. Use of content and data
8.1 By submitting an entry to the Competition, each entrant grants to the Promoter a perpetual, royalty free, non-transferable, irrevocable licence to reproduce any content provided by the entrant to the Promoter or any third party acting on the Promoter's behalf (including any content submitted as part of the entrant's entry or otherwise) in connection with the Competition including on the Website and in the Newspaper.
8.2 Each entrant agrees that the Promoter may use its name and/or likeness for advertising and/or publicity purposes in connection with the Competition including but not limited to publication of the entrant's name and business idea on the Website and in the Newspaper.
8.3 Any personal data relating to each entrant will be used by the Promoter solely in accordance with current data protection legislation.
8.4 The name of each Winner will be available by sending a stamped addressed envelope marked “Venture Candy” to the Promoter at Metro, Northcliffe House, 2 Derry Street, Kensington, London W8 5TT.
9. Liability – important, please read
9.1 The Promoter will not be liable under these terms and conditions for any loss or damage caused by the Promoter or any of its employees or agents in circumstances where:
9.1.14 there has been no breach of a legal duty of care which is owed by the Promoter or any of its employees or agents; or
9.1.15 the loss or damage is not a reasonably foreseeable result of any breach of these terms and conditions.
9.2 The Promoter will not be liable under these terms and conditions for any increase in loss or damage resulting from a breach by an entrant of these terms and conditions.
9.3 Each entrant will be fully responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by the Promoter as a result of the entrant's breach or default in the discharge of its obligations.
9.4 Nothing in these terms and conditions shall have the effect of excluding or limiting either the Promoter's liability or any entrant's liability for fraud or for death or personal injury caused by negligence.
9.5 The Promoter’s total liability to any entrant arising under or in connection with these terms and conditions and/or the Competition shall be limited to £100.
10. General
10.1 The Promoter reserves the right, in its sole discretion, to modify, suspend or cancel the Competition should viruses, bugs, tampering, fraud or other causes beyond the control of the Promoter corrupt the administration, security or proper play of the Competition.
10.2 In the event of any dispute regarding the Competition, the decision of the Promoter shall be binding and final and no correspondence or discussion shall be entered into.
10.3 The Promoter reserves the right in its absolute discretion to disqualify any entrant or entry which does not comply with these terms and conditions and/or any entrant whose conduct is contrary to the spirit of these terms and conditions. Each entrant explicitly acknowledges and agrees that influencing or attempting to influence the public voting in connection with this Competition, whether by himself/herself or (if a company) itself or attempting to get others to do so shall be a breach of this section 10.3. The Promoter reserves the right to take such further action, including notification of the police and other authorities if it deems this necessary.
10.4 In the event of circumstances beyond their reasonable control, the Promoter reserves the right to withdraw, amend or cancel this Competition.
10.5 If any of the provisions of these terms and conditions are held to be invalid or unenforceable in whole or in part that part shall be severed from the remainder of the provisions and the validity of the other provisions and the remainder of the provision in question shall not be affected.
10.6 These terms and conditions shall be governed by, and construed in accordance with English law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).
