For THE CREATIVE SHOOTOUT COMPETITION 2022/23 (OR “COMPETITION” FOR SHORT)

 

1. Any person and any business entering the Competition agrees to be bound by these terms and conditions. The Competition is run and operated by The Creative Shootout Limited, whose registered address is 167-169 Great Portland Street, London, England, W1W 5PE and whose trading address is Huckletree, 44 Ingestre Court, London W1F OJL (or the “Creative Shootout” for short).

 

2. Each entrant (called a “Participating Team”) to the Competition must be a team, made up of four people, from a UK marketing agency (that agency or that business being a “Participator”).  Each member of a Participating Team must be a UK resident, aged 18 or over (and each such person is called a “Member”).  A Member cannot be an employee or agent (or an immediate family member of an employee or agent) of the Creative Shootout or its 2022/23  charity partner FoodCycle , a not-for-profit organisation, (see www.foodcycle.org.uk) , and/or any of its or their corporate group or affiliates (and the Creative Shootout’s determination of what this covers is final). Such people are not eligible to enter the Competition as part of a Participating Team or otherwise. A Participator can enter up to three Participating Teams in the Competition.

 

3. The Creative Shootout reserves all rights to disqualify a Participating Team if it breaches these terms and conditions or its conduct is contrary to the spirit or the intention of the Competition.

 

4. A Participating Team can enter the Competition from 9am on 26 September 2022 to  5pm on 28 November 2022  by submitting:

1. through (and as directed on) the Creative Shootout website (which we call the “Website”), up to 1 minute of any form of digital content (which we call “Entry Content”) to fulfil the creative brief set out on the Website (which we call the “Creative Brief”); and

2. the Participating Team paying an entry fee, through (and as directed on) the Website of £199 (including  VAT).

 

5. The Entry Content must be able to be viewed, read or digested in 1 minute or under.  The Entry Content will be evaluated in December 2022, by a panel of approximately 10 judges from the Creative Shootout , who will select the best Participating Teams as finalists (each being a “Finalist Team”) on the basis of what appears to the judges to be the Entry Content which best fulfils the Creative Brief. Around eight Participating Teams will be selected as finalists.  Decisions of the judges as to who is a Finalist Team shall be final and at their sole discretion; and no correspondence will be entered into.

 

6. The Creative Shootout shall notify each Finalist Team by noon on Wednesday 14th December 2022 that it has been successful in being chosen as a Finalist Team to participate in the Final on Thursday   26th January 2023 in London. The Finalist Team must respond as directed by the Creative Shootout and each Participating Team shall pay a “Finalist’s Fee” of £499 (including  VAT) by 5pm on Friday 6th  January 2023.

 

7. The judges may select an alternative Finalist Team in place of any Finalist Team (or may withdraw any Finalist Team from the Competition without selecting a replacement) if:

1. that Finalist Team does not respond as directed to the notification above;

2. that Finalist Team’s Participator does not pay the Finalist’s Fee; and/or

3. that Finalist Team does not field all the Members of the Finalist Team from 9am  onwards on Thursday 26th  January 2023.

 

8. The Finalist Teams will compete in the live Creative Shootout Final in partnership with FoodCycle , where they will compete against each other and creatively respond to a real brief from FoodCycle, to be held in London on Thursday 26th  January 2023. The overall winning Finalist Team (the “Winning Team”) will be the Finalist Team judged by the judges to have best answered the Creative Brief. Again, decisions of the judges as to who is the Winning Team shall be final and at their sole discretion; and no correspondence will be entered into.

 

9. Each Member of a Finalist Team shall receive complimentary entry to the after-party of the Creative Shootout Final and each Finalist Team shall receive a framed certificate.

 

10. The Winning Team shall be proclaimed “Winner of The 2023 Creative Shootout” and shall, subject to the fulfilment by the winning team of the condition in paragraph 11 below, be awarded a trophy. A 2nd and 3rd will also be recognised.

 

11. The Winning Team shall have developed and executed the winning campaign with FoodCycle  in 2023. The Creative Shootout’s decision on whether or not this condition has been properly fulfilled shall be at the sole discretion of The Creative Shootout.  Correspondence will not be entered into.

 

12. The Members and the Participator shall retain all intellectual property (“IP”) in Entry Content and the materials and ideas submitted to fulfil the Creative Brief, (all the foregoing together being “Entry Material”) provided that for a period of 12 months after 26th January 2023, the Members and the Participators of the Winning Team hereby license, on an exclusive, world-wide, royalty-free, fee-free, unrestricted basis, FoodCycle  to use the IP and Entry Material as FoodCycle  and the Winning Team sees fit, in the course of their normal activities (including, without limitation, marketing and promotional activities, charitable activities and activities related to FoodCycle  operations). FoodCycle  shall give full accreditation to the Winning Team for any such IP and Entry Materials it deploys. (Any hire or employment by FoodCyle of the Members of Winning Teams or the Participator of the Winning Teams will be negotiated separately between the parties). FoodCyle  may choose not to use any of the IP or Entry Materials if it so wishes.

 

13. No Member or Participator may contact FoodCycle or any judges directly to discuss any aspect of the Competition during the Competition. Details of the judges are on our website: https://www.creativeshootout.com/judges

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14. All Members and Participators confirm that all information, materials and data submitted shall be accurate (where it states fact); genuinely held (where is states opinion) and comply with the law applicable in England and Wales.

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15. The information, material and data submitted must not:

• Be defamatory of any person.

• Be obscene, offensive, hateful or inflammatory.

• Bully, insult, intimidate or humiliate.

• Promote sexually explicit material.

• Include child sexual abuse material.

• Promote violence.

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Be likely to deceive any person.

• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal content or activity.

• Be in contempt of court.

• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person.

• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

 

16. Subject to applicable law, the Creative Shootout accepts no responsibility or liability for any event outside of its reasonable control or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost, incomplete or delayed, whether or not arising during operation or transmission as a result of server failures, virus, bugs or other causes outside its control. All lost, damaged or incomplete entries will be deemed invalid. Proof of entry shall not be proof of delivery or receipt. Only entries received in accordance with these terms and conditions and the instructions on the Website will be acceptable.

 

17. Subject always to Paragraph 20 of these Terms & Conditions:

1. Members of Participating Teams and Participators can object to their personal information being used by The Creative Shootout, for advertising or publicity purposes; and

2. Members of Participating Teams and Participators consent to all Entry Content and all IP and Material to be used without compensation by The Creative Shootout, for advertising or publicity purposes; and

3. Furthermore, Members of Finalist Teams and Participators of Finalist Teams consent and allow The Creative Shootout to use Entry Content and IP and Materials for promotional purposes on any media and in any location at the Creative Shootout’s sole discretion.

 

18. Any personal data relating to Members shall be used in accordance with current UK data protection legislation.

 

19. The Creative Shootout, acting reasonably, may, at its sole discretion, change the dates or times of entry into the Competition and/or the dates or times on which the Competition will be promoted and reserves the right to alter, amend or withdraw these terms and conditions and/or the Competition without prior notice where it becomes necessary to do so.

 

20. If a Member has concerns about The Creative Shootout using their personal data then they should advise The Creative Shootout when they provide their details or using the email address: hello@creativeshootout.com. Details of the business or agency who is a Participator and/or the Winning Team will be published.

 

21. FoodCycle  has rights under these terms and conditions under the Contracts (Rights of Third Parties) Act 1999.

 

22. These terms and conditions (and all non-contractual obligations related to or arising out of them) are subject to the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction.

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