Firebox Inventor

Terms & Conditions

This competition is run by Firebox.com Limited (“Firebox”).

To enter this competition you will need to:

• send your product idea to inventor@firebox.com, upload a video to YouTube tagged ‘Firebox Inventor’ and let us know about it, upload a video to Firebox.com using the “upload a video” button on the Inventor page, send a tweet to @firebox marked #fireboxinventor, or send your entry by post to Firebox Inventor, 5 Ardwell Road, London SW2 4RT.

This will make up your “Competition Entry”.

By entering this competition and submitting a Competition Entry, you confirm to Firebox that you have read, understood and accept the following terms and conditions:

1. No purchase is necessary to enter this competition – it is free to enter.


2. To enter this competition you must be over the age of 18 years or else have your parent’s or guardian’s consent to do so. By entering the competition you therefore confirm that you are over 18 years of age or else have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms. 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 or have had them explained by a parent or guardian who does so.


3. The competition shall run from 4pm on 04 May 2010 to 12pm on 31 August 2011.


4. Firebox is not responsible for and will not accept any Competition Entry that is not received by 12pm on 31 August 2011 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 Firebox to be unsuitable in any way. Proof of posting or delivery of the Competition Entry is not proof of receipt.


5. It is a condition of entry that you agree to enter into a release with Firebox in relation to the use of your Competition Entry and ancillary materials (including your name, likeness, photographs and any other material available to Firebox). Firebox reserves the right to publish details of your Competition Entry and ancillary materials either on the Firebox website or to provide such details to the media. [If an entrant does not want their entry published they should make this clear when submitting their entry].


6. By submitting your Competition Entry you agree:
   
   • to participate in this competition, details of which you hereby confirm you understand;
   • that your Competition Entry may be used for any and all purposes related to Firebox;
   • that your name and likeness may be advertised and used in connection with your Competition Entry and this competition throughout the world;
   
   
   • to grant to Firebox the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use your Competition Entry for all purposes connected with the competition, in all media and to give all other consents (if any) which Firebox requires for such use;
   • that the content of your Competition Entry is your own original work and is not copied from any third party;
   • that no other person has (nor will have) any rights in the Competition Entry that are inconsistent with these terms;
   • that you have not granted any other person any rights that are inconsistent with the licence granted above;
   • that the Competition Entry may be modified and adapted for such purposes as Firebox require;
   • 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 Firebox may use the Competition Entry in any way it deems fit;
   • 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;
   • you have received all necessary permissions and consent required for you to make the Competition Entry and the use of it by Firebox, as described in these terms and conditions;
   • the Competition Entry contains nothing which is unlawful or legally restricted;
   the use of the Competition Entry by Firebox in connection with this competition will not give rise to any liability to Firebox;
   • that no third party owns any copyright or other rights in your Competition Entry and has no right or interest in it;
   • to indemnify Firebox in connection with any liability, claims, costs or damages arising as a result of your breach of these terms;
   • that it may not be possible to give a credit in relation to your Competition Entry;
   
   
   • to sign all documents necessary for this release and licence, on request.
   
   
7. The winner will be decided by a panel of judges and announced on the Firebox website. [Firebox shall not be under any obligation to accept the decision of the judging panel or proceed to develop, manufacture or sell any Competition Entry.]


8. The winning design will be developed into a product (“the Product”) and made available to buy on the Firebox website (the “Prize”).


9. Firebox reserves the right to modify or discontinue product development or product sale for any reason and at its absolute discretion.


10. It is a condition of entry that you agree to enter into an assignment agreement with Firebox should your Competition Entry 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 Firebox in exchange for a royalty of 50% of the profits earned by Firebox in respect of the Product only. Such profits shall be the revenue generated less applicable taxes, development and production costs for the lifetime sales of the Product by Firebox.


11. Firebox 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.


12. Firebox may require proof of age or consent of your parent or guardian and proof of 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.


13. There is no alternative to the Prize as stated and such Prize is not transferable.


14. All entrants must disclose to Firebox 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.


15. Any Competition Entries sent by post cannot be returned. Firebox would suggest you send only copies of documents and retain any originals.


16. Entrants may submit more than one Competition Entry but excessive multiple submission of Competition Entries may result in such Competition Entries being rejected and disregarded.


17. The result of the competition is final and binding and no correspondence will be entered into.


18. No entrant will, without Firebox’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 Firebox or any associated companies or affiliates) save where such information is already public knowledge.


19. Firebox 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.


20. Firebox 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.


21. Entry and participation in this competition is subject to these terms and conditions and your compliance with all applicable laws and regulations.


22. 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.


23. It is a condition of entry that you agree to enter into our submission agreement. These terms and conditions incorporate the terms of our submission agreement and by submitting a Competition Entry you confirm to Firebox that you have read, understood and accept the terms of our submission agreement.


24. It is the entrant’s responsibility to ensure their Competition Entry is protected by any relevant copyright or other intellectual property rights as appropriate. Firebox will not be held responsible for any claims of intellectual property infringement whether made by an entrant or any third party.


25. Employees of Firebox, or any company involved in the competition, or any advertising agency or web company connected with Firebox or any such person’s subsidiary or associated companies, agents or members of their families or households, are not eligible to enter the competition. Firebox reserves the right to verify the eligibility of all entrants.

Submission Terms

The following terms reflects Firebox’s policy regarding the submission and disclosure to it of any ideas, concepts, inventions, materials, designs or information (“Submissions”).

1. Unless agreed otherwise in writing and signed by You and a director of Firebox the Submissions shall not be deemed confidential and no part shall be subject to any duty of confidence or any similar or equivalent obligation.


2. Firebox is involved in the creation, research and development of software, technology, ideas and concepts relevant to the gifts industry and receives proposals and information internally and from various external sources. Accordingly, Firebox 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.


3. Firebox intends to use the Submissions for the purposes of evaluating them and their utility. Firebox is not obliged to and does not represent or undertake that it will:
   
   1. review or consider Your Submissions nor provide any feedback in connection with any Submissions;
   
   
   2. return nor acknowledge receipt of any Submissions;
   
   
   3. guarantee or provide any warranty in respect of the security of any Submission (all of which are disclosed at Your own risk);
   
   
   4. 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;
   
   
   5. proceed with discussions or negotiations of any kind in respect of the Submissions or otherwise.
   
   
4. Submissions may be evaluated by Firebox or by third parties. You agree that Firebox may disclose the Submissions to such third parties for this purpose and that the terms of this Agreement apply equally to such disclosure. Firebox makes no representations or warranties of any kind regarding the evaluation of any Submissions by Firebox or by any third party.


5. You warrant and represent that Your Submission and its disclosure or delivery to Firebox 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.


6. This Agreement constitutes the complete and only agreement between You and Firebox 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. This Agreement and the terms applicable to Submissions shall not be varied by You or Firebox except in writing signed by You and a director of Firebox.


7. If any provision of this Agreement is 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.


8. This Agreement shall be governed by and construed in accordance with English law. You hereby consent and submit to the exclusive jurisdiction of the English courts.

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