One Thumb Mobile Competition Terms & Conditions
1. These terms and conditions govern the competition (“Competition”) set out in the competition description (“Competition Description”). The Competition is being run until the closing date set out in the Competition Description (“Closing Date”).
2. This competition is run by One Thumb Mobile Ltd (“One Thumb Mobile”).
3. To enter this competition you will need to submit your entry in the manner set out in the Competition Description by the Closing Date.
4. This will make up your “Competition Entry”.
5. By entering this competition and submitting a Competition Entry, you confirm to One Thumb Mobile that you have read, understood and accept the following terms and conditions:
6. No purchase is necessary to enter this competition – it is free to enter.
7. You may enter as an individual or as a team depending on the terms of the competition. If you enter as a team you must all have read and agreed to these terms and conditions.
8. To enter this Competition you must be at least 13 years of age and agree to these terms. Competitors aged under 13 (thirteen) years old must ensure these competition rules are reviewed and approved by both parents (unless proof is made that one parent has sole power of representation) or legal guardian (collectively “Guardian(s)”). If requested by us, Guardian shall provide documentation providing proof of the legal representation of you.
9. If you do not understand any part of these terms you may not enter the competition. By submitting a Competition Entry you confirm that you do understand them.
10. The competition shall run from the opening date until the Closing Date.
11. One Thumb Mobile is not responsible for and will not accept any Competition Entry that is not received by the Closing Date or that is lost, delayed, misplaced, misdirected or incomplete or cannot be delivered or entered for any technical or other reason or is deemed in the absolute discretion of One Thumb Mobile to be unsuitable in any way. Proof of upload or delivery of the Competition Entry is not proof of receipt.
12. It is a condition of entry that you agree to enter into a release with One Thumb Mobile in relation to the use of your Competition Entry (including designs, design concept, art, code, documentation) and ancillary materials (including your name, likeness, photographs and any other material made available to One Thumb Mobile). One Thumb Mobile reserves the right to publish details of your Competition Entry and ancillary materials either on the One Thumb Mobile website or to provide such details to the media.
13. By submitting your Competition Entry you agree:
- a. to participate in this Competition, details of which you hereby confirm you understand;
- b. that your Competition Entry may be used for any and all purposes and to grant to One Thumb Mobile the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use your Competition Entry for any and all purposes, in all media and to give all other consents (if any) which One Thumb Mobile requires for such use;
- c. that your name and likeness may be advertised and used in connection with your Competition Entry and this competition throughout the world;
- d. that the content of your Competition Entry is your own original work and is not copied from any third party;
- e. that no other person has (nor will have) any rights in the Competition Entry that are inconsistent with these terms;
- f. that you have not granted any other person any rights that are inconsistent with the licence granted above;
- g. that the Competition Entry may be modified and adapted for such purposes as One Thumb Mobile require;
- h. to waive any so called moral rights and any right to equitable remuneration for the purposes of any rental or lending rights that may be deemed to be in existence in relation to the Competition Entry, so that One Thumb Mobile may use the Competition Entry in any way it deems fit;
- i. that you are entitled to enter into this release and you are not (and will not be) under any contractual or other obligations preventing you from doing so;
- j. you have received all necessary permissions and consent required for you to make the Competition Entry and the use of it by One Thumb Mobile, as described in these terms and conditions;
- k. the Competition Entry contains nothing which is unlawful or legally restricted; the use of the Competition Entry by One Thumb Mobile in connection with this competition will not give rise to any liability to One Thumb Mobile;
- l. that no third party owns any copyright or other rights in your Competition Entry and has no right or interest in it;
- m. to indemnify One Thumb Mobile in connection with any liability, claims, costs or damages arising as a result of your breach of these terms;
- n. that it may not be possible to give a credit in relation to your Competition Entry;
- o. to sign all documents necessary for this release and licence, on request.
14. The winner will be decided by 30 days after the Closing Date and announced on the One Thumb Mobile website forums.
15. The prize is as set out in the Competition description (the “Prize”).
16. It is a condition of entry that you agree to enter into an assignment agreement with One Thumb Mobile should your Competition Entry win and be picked for the Prize. Such assignment agreement shall formally assign all ownership and intellectual property rights (including copyright, design right, patent rights and trade mark rights) in the Competition Entry and any product derived therefrom to One Thumb Mobile.
17. One Thumb Mobile reserves the right to disqualify any Competition Entry where the entrant has supplied untruthful, inaccurate or misleading information and/or is in breach of the terms herein.
18. One Thumb Mobile reserves the right to select another entry if the winner or winning team cannot be contacted within a reasonable period of time (to be established at the One Thumb Mobile’s sole and absolute discretion) or if One Thumb Mobile has not received notification of acceptance from the winner or winning team within 7 days of notification.
19. One Thumb Mobile may require you to provide proof of your identity which may include a copy of your passport or other recognised form of identification. If this is requested and not supplied your Competition Entry may be rejected.
20. One Thumb Mobile reserves the right to substitute a prize of equal or greater value to the Prize if this is necessary for reasons beyond its control. No cash alternative will be offered for the Prize. The Prize is non-transferable and cannot be exchanged.
21. All entrants must disclose to One Thumb Mobile in writing full details of any and all criminal or civil proceedings or actions pending against them and/or convictions unspent as of the date of entry.
22. Any Competition Entries sent by post cannot be returned. One Thumb Mobile would suggest you send only copies of documents and retain any originals.
23. Entrants may submit more than one Competition Entry (per email submission/forum post) but excessive multiple submission of Competition Entries may result in such Competition Entries being rejected and disregarded.’
24. The result of the Competition is final and binding and no correspondence will be entered into.
25. No entrant will, without One Thumb Mobile’s prior written consent, publicise or discuss with any third party any information in relation to their involvement in the Competition (including without limitation any information in relation to One Thumb Mobile or any associated companies or affiliates) save where such information is already public knowledge.
26. One Thumb Mobile shall not be responsible or liable for any tax, levies and duties applicable in any country and it is a condition of entry that you shall be responsible for your own tax liabilities in respect of entry and the Prize.
27. One Thumb Mobile reserves the right to modify or cancel the Competition should circumstances deem it necessary. In such a case, no indemnity or compensation will be given to the participants involved.
28. Entry and participation in this Competition is subject to these terms and conditions and your compliance with all applicable laws and regulations.
29. This competition is open only to entrants resident in a country where participation in competitions of this nature on these terms is lawful such as the United Kingdom or Ireland.
30. It is the entrant’s responsibility to ensure their Competition Entry is protected by any relevant copyright or other intellectual property rights as appropriate. One Thumb Mobile will not be held responsible for any claims of intellectual property infringement whether made by an entrant or any third party.
31. Employees of One Thumb Mobile, or any company involved in the Competition, or any advertising agency or web company connected with One Thumb Mobile or any such person’s subsidiary or associated companies, agents or members of their families or households, are not eligible to enter the competition. One Thumb Mobile reserves the right to verify the eligibility of all entrants. It is a condition of entry that you agree to enter into One Thumb Mobile’s submission agreement which is set out below (“Submission Agreement”).
32. These terms and conditions incorporate the terms of our Submission Agreement and by submitting a Competition Entry you confirm to One Thumb Mobile that you have read, understood and accept the following Submission Agreement. The Submission Agreement only applies in the case of Submissions.
33. The following terms reflects One Thumb Mobile’s policy regarding the submission and disclosure to it of any ideas, concepts, inventions, materials, designs or information (“Submissions”).
34. Unless agreed otherwise in writing and signed by you and a director of One Thumb Mobile the Submissions shall not be deemed confidential and no part shall be subject to any duty of confidence or any similar or equivalent obligation.
35. One Thumb Mobile is involved in the creation, research and development of software, technology, ideas and concepts relevant to the computer games industry and receives proposals and information internally and from various external sources. Accordingly, One Thumb Mobile may receive, review, devise or develop ideas, works, materials and information which are the same as or similar to your Submissions and/or have done so already. No use, research, development or disclosure of such works, materials and/or information shall be deemed a breach of nor infringe any rights you have in any Submission.
36. One Thumb Mobile intends to use the Submissions for the purposes of evaluating them and their utility and in accordance with the terms of the Competition. One Thumb Mobile is not obliged to and does not represent or undertake that it will:
- a. review or consider your Submissions nor provide any feedback in connection with any Submissions;
- b. return nor acknowledge receipt of any Submissions;
- c. guarantee or provide any warranty in respect of the security of any Submission (all of which are disclosed at your own risk);
- d. compensate you in any way in the event that we have already received, reviewed, devised or developed ideas, works, materials and / or information which are the same as or similar to your Submissions;
- e. proceed with discussions or negotiations of any kind in respect of the Submissions or otherwise.
37. Submissions may be evaluated by One Thumb Mobile or by third parties. You agree that One Thumb Mobile may disclose the Submissions to such third parties for this purpose and that the terms of this Agreement apply equally to such disclosure. One Thumb Mobile makes no representations or warranties of any kind regarding the evaluation of any Submissions by One Thumb Mobile or by any third party.
38. You warrant and represent that your Submission and its disclosure or delivery to One Thumb Mobile will not breach any agreement you may have with any third party (including without limitation any confidentiality, non-disclosure, secrecy or licence agreement) nor will it, nor its use, hereunder infringe any third party proprietary rights.
39. The Submission Agreement constitutes the complete and only agreement between you and One Thumb Mobile with respect to the Submissions and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein and its terms shall have effect regardless of whether or not your Submissions are marked “confidential”, “private” or “proprietary” or have any other noticed or indications. These terms and conditions shall not be varied by you or One Thumb Mobile.
40. If any provision of the competition terms and conditions or the Submission Agreement are held to be unenforceable, such provision shall be construed or otherwise reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under any circumstances.
41. These terms and conditions and the Submission Agreement shall be governed by and construed in accordance with UK law. You hereby consent and submit to the exclusive jurisdiction of the UK courts.
42. One Thumb Mobile is a limited liability company with registered number 05944365 and registered address 27 Old Gloucester Street, London, WC1N 3AX.