>> CREATE 2008

>>Terms & Conditions

 

Terms and Conditions

 

Competition Organizer

KOOKABURRA READER LTD, a public limited company whose registered address is 3, Brakey Road, Weldon North Industrial Estate, Corby, Northants, NN17 5LU – UK with Registration NO. 222 4095, hereinafter to be known as “KOOKABURRA”, is organizing a competition between 1st July and 31st August 2008 called “Kookaburra Create 2008”. The competition can be entered via e-mail or post, the prizes for which are set out below.

Entrants

Entry to this competition is open to all persons (minors must provide proof of permission from their legal guardian), with the exception of the following:

-         members of staff of the KOOKABURRA group,

-         members of staff of other cricket companies,

-         spouses and family members of staff of KOOKABURRA

-         and, in general, any persons involved in the planning and organization of the competition, whether directly or indirectly.

Subject of the Competition

Create a design for the front and back of a Kookaburra Cricket bat. The designs should bear the Kookaburra logo. Together with the design, entrants must include a text explaining the concept of the design. During selection, particular consideration will be given to the following: the originality of the concept and the clarity of explanations, faithfulness to the values of the Kookaburra brand, creativity regarding style and the quality of the final product.

 

Conditions of Entry

This competition will be available on the Internet and can be accessed as follows:

-          through the KOOKABURRA Internet site URL “http://www.kookaburra.biz/competitions/create2008”

To enter:

Anyone who wishes to enter should connect to the Internet site “www.kookaburra.biz”, between 1st July 2008 and 31st August 2008. Correspondence is by e-mail only. Follow the instructions on the website:

• the Application form on the Create 2008 Competition page must be completed and used;

• the entrant's design(s) showing the KOOKABURRA cricket bat must be included (1 to 3 image files, which must be in .jpg format, with a maximum size of 500 Kb per file),

• an explanation of the design (in English).

The information requested on the form is essential for entry into the competition. The participant must enter his or her design before 1st September 2008, 00:01 hrs GMT (Greenwich Mean Time), to which he or she must attach the design files. Any incomplete or incorrect registration or any registration which does not fulfil the required conditions will be considered as null and void. One candidate may submit up to 3 designs.

Selection Process and Procedures

Stage 1: KOOKABURRA will select 10 designs from amongst the entries received. The authors of these 10 selected designs will receive from KOOKABURRA, a letter with an obligation of assignment of the copyright of their design and the explanation of the concept. This letter must be signed by the selected entrant and returned to KOOKABURRA by express mail, in order for the candidate's entry to be considered. Said letter must be countersigned by the legal guardian of a minor candidate, otherwise the entry will be rendered null and void. Consequently, said entrant may not lay claim to any rights to receive any prize or compensation whatsoever in this regard. The definitively accepted designs, following receipt of the aforementioned letters, will be posted online on the KOOKABURRA Internet site,after 1st September 2008.

Stage 2: Members of KOOKABURRA will vote for a maximum of 10 out of the designs submitted. Following an analysis of the short listed designs, the KOOKABURRA judging panel, consisting of KOOKABURRA members of staff who are experienced in the domain of cricket bat design will select a winning design.

Stage 3: The KOOKABURRA judging panel will select the winner from amongst the 10 entrants whose designs were selected in stage 2 above. The identity of the competition winner will be unveiled on KOOKABURRA Internet sites after 15th September 2008.

Provision

The competition prizes are as follows:

The winner of the competition will receive a RICKY PONTING CRICKET BAT

The 2nd and 3rd runners up will receive an ANGRY BEAST CRICKET BAT

Regarding the prizes, these cannot be in any way contested by the winners, nor may they demand the issue of their exchange value in money, or their modification or replacement for any reason whatsoever.

The respective winners of the aforementioned prizes will be notified in writing of their win from 10th September 2008. Any prizes awarded and not claimed by 31 January 2009 may not be claimed at a later date. By entering the competition, participants recognize that the publicity that will be afforded to their creation due to its communication by KOOKABURRA also forms an integral part of the compensation for the rights transferred to KOOKABURRA below.

Authorisation

By entering, each winner freely authorises KOOKABURRA, and/or any of their partners in this competition to use, for commercial and/or promotional ends, their surname, first name, address and image within the framework of any communication made in connection with this Design Competition and any past or future Design Competition.

Usage by KOOKABURRA of any elements submitted by the participants

• Guarantee:

Any person sending an illustration and the explanation of their design within the framework of this competition certifies and guarantees to KOOKABURRA that they are the sole, exclusive author of it, and that it does not directly or indirectly infringe the rights of any third party.

Use of illustrations, explanations of the designs:

All entry into the competition infers the free and exclusive agreement from the author of an illustration (and from their legal guardian for an author who is legally a minor) so that their illustration, if it is selected at the end of the first stage by KOOKABURRA:

-          may be put online, on the websites " http://www.kookaburra.biz" and/or on the KOOKABURRA websites for the participating countries

-          may be reproduced and depicted by KOOKABURRA, or with the authorisation of KOOKABURRA, in all countries of the world and for the duration of the author's rights, across all communication media relating to this KOOKABURRA Design Competition and to past and future KOOKABURRA Design Competitions, which includes the purchase of advertising space. This will therefore notably include: KOOKABURRA press releases, KOOKABURRA websites or KOOKABURRA's partners' websites, brochures, etc.

-          may be reproduced and depicted in all countries of the world, with the authorisation of KOOKABURRA, by press and television news agencies, or via the Internet, for a period of five years from the publication by KOOKABURRA of the 10 projects selected, across all of the media relating to this KOOKABURRA Design Competition and to past and future KOOKABURRA Design Competitions, notably with a view to promoting the next KOOKABURRA Design Competition.

All entry into the competition infers the free and exclusive agreement from the author of an illustration (and from their legal guardian for an author who is legally a minor) so that the explanation of their design may, at KOOKABURRA 's discretion, be used, reproduced and depicted under the aforementioned conditions and in the aforementioned ways. KOOKABURRA agrees to make no use of any illustrations which do not win, or of the explanations of the corresponding designs, outside of the situations provided for in this article. The authors of these illustrations, explanations of the corresponding designs, retain free usage of these if they so wish.

Name of the winning design:

The authors of the illustrations may suggest, if they wish, a name for the vehicle design that they have sent to KOOKABURRA for the competition when confirming their participation as specified in the article above. However, all participation in this competition infers the prior agreement of the winner of the competition that KOOKABURRA is able to change the name of the design at any point, for any reason, notably if the copyright for the name is not available. If a selected illustration does not have a name, KOOKABURRA will be free to provide it with a name of their choice. In any case, by entering the competition, the future winner agrees to transfer the rights to the provisional name they have suggested for their design, if this name were to be eventually retained by KOOKABURRA. The winner (and their legal guardian, if the winner is a minor) agrees to confirm this agreement to transfer upon receiving a letter from KOOKABURRA relating to this issue.

Equally, it is agreed that the final name for the winning design will be able to be used as a trademark by KOOKABURRA, under their name, at their own costs and in all the countries they choose.

• Derived products: By entering in the competition, the future winner (and their legal guardian, if the winner is a minor) has already given authorisation to KOOKABURRA to authorize manufacturers of scale models to reproduce their design. The winner will be regularly informed of the progress of the manufacturing process.

Personal Information

By entering, each entrant freely authorises KOOKABURRA to use, for commercial and/or promotional ends, their first name, surname and image within the framework of any communication made in connection with this competition.

Extensions and Liabilities

KOOKABURRA reserves the right to shorten, extend, modify or cancel the competition in the event of circumstances beyond the control of KOOKABURRA make it necessary. No liability will be incurred in this case.

Equally, KOOKABURRA's liability will not be incurred in the event that access to the website specifically created for the competition and/or the consultation of said website becomes difficult or impossible for the participants. No claims will be accepted in this case. KOOKABURRA cannot be held liable if the data relating to the registration of a participant does not reach them for any reason which does not fall under their scope of liability (for example, a problem with the user's Internet connection for any reason, a temporary fault with our servers for any reason whatsoever, etc.) or arrives in a condition which cannot be read or processed (for example, if the participant is using hardware or software which is of an insufficient level for registration, etc.). As a consequence, KOOKABURRA cannot, under any circumstances, be held liable for the following, which is not an exhaustive list:

-         The content of the services consulted on the website specifically created for this competition

-         The transmission and/or reception of any data and/or information over the Internet

-         Any malfunctioning of the Internet which has a negative impact on the running/progress of the competition

-         A fault in any reception equipment or lines of communication

-         The loss of any paper mail or e-mail and, more generally, the loss of any data

-         Postal delays

-         The operation of any software

-         Any technical or material failure which prevents or impedes the possibility of entering this competition

-         All information provided by the participants, notably their address and telephone number, will be considered as null and void and will not be taken into consideration if they include any errors.

-         Any decision by KOOKABURRA, or any modification of the rules which result from the previous line, will be the subject of an amendment to the terms and conditions.

Rules

Participation in the competition, which is the subject of these rules, automatically infers, as a matter of law, unreserved acceptance of said rules by the participant. Any dispute of whatever nature relative to these game rules or to the competition will be settled ultimately and in the last resort by KOOKABURRA. The rules of the competition may be accessed free of charge from the website specially created for this competition at www.kookaburra.biz. Any decision by KOOKABURRA, or any modification of the rules, will be the subject of an amendment to the terms and conditions, which will be accessible on the specific website.