Joy Collective Terms & Conditions

The following Terms and Conditions (Terms) will apply if You sign up to the Joy Collective.  You accept that the Terms are legally binding on You.  Any Terms and Conditions for the Website and Cadbury's privacy policy will apply to You as well.

All participants must be New Zealand residents and over [15] years of age.  However, if You are under the age of 18, You will not be eligible to receive any money or win a prize unless You provide Cadbury with evidence that You have obtained Your parents' or guardian's consent to Participate.

Employees of Cadbury, any agencies associated with Cadbury and their immediate families can Participate in the Joy Collective and Share The Joy not eligible for the Weekly Prize Draw.

The promoter of the Joy Collective is © Cadbury 2011, 494 Rosebank Road, Avondale, Auckland 1026, New Zealand (Cadbury).

The Joy Collective

1. Instructions on how to sign up to the Joy Collective are available on www.sharethejoy.co.nz (Website).
2. By signing up to The Joy Collective You are agreeing to be contacted with further details of Share The Joy promotions. This may include emails on events, news or announcements.
3. By opting in to be contacted for future Cadbury promotions you are agreeing to be contacted with further details of these promotions.  This may include prize draws, promotions and product information.
4. Cadbury will hold and may use personal information accompanying any entries for purposes relating to the promotion and for sending entrants promotional and other material in relation to future offers, information and activities of Cadbury, unless otherwise advised by the entrant at the time of entry. All entrants have the right to inspect and update their personal information at any time and request Cadbury delete all personal information.
5. You for the purpose of these Terms is the person named in the on-line sign up form for the Joy Collective.
6. Signing up to the Joy Collective allows You to participate by uploading Your video, photo or sharing or commenting on the Website (Participate or Participation).

Terms for uploading Your Moment Of Joy

The following Terms will apply if You share Your Moment Of Joy with Cadbury (Share The Joy).  

What is Share The Joy?

7. Share The Joy allows You to upload a video or photo of a Moment Of Joy (in these Terms each video or photo is called a Share The Joy Moment (s).

How do you participate?

10. To participate in Share The Joy You must sign up to the Joy Collective and during the Period of Joy name and upload Your Share The Joy Moment.
11. Videos over the maximum file size of 50MB will not be accepted and videos over the recommended length of 1 minute will be reviewed and only accepted at Cadbury's sole and absolute discretion.
12. You can upload to Share The Joy as many times as You want to but each upload should include a unique Share The Joy Moment.

Don't upset YouTube

13. You must make sure that Your Share The Joy Moment complies with all relevant terms and conditions imposed by YouTube located at www.youtube.com/t/terms.  Without limitation, by clicking 'upload,' You certify that You own all rights to the content or that You are authorized by the owner to make the content publicly available on YouTube, and that it otherwise complies with the YouTube Terms of Service located at www.youtube.com/t/terms.

Your personal information

14. Cadbury will make sure that any personal information You provide to us is used and kept in accordance with the Cadbury's privacy policy.  Your personal information will be used for the purposes of the Share The Joy campaign, and may also be used for the other purposes that are provided for in the Cadbury's privacy policy.

What initially happens to Your Share The Joy moments?

15. All Share The Joy Moments uploaded that comply with these Terms will be displayed in the gallery on the Website for the public to view, 'share' and 'like' (until Cadbury wishes to no longer display them).  

What is not Sharing the Joy?

16. Bear in mind that Share The Joy  Moments are  intended to be viewed by people of all ages.  You must not upload or make comments which are unlawful, harmful (including any virus), offensive, violent, inappropriate, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a breach of any law or any act that is not consistent with reasonable standards of safety.
17. You must ensure that any Share The Joy Moment complies with all relevant laws and is not offensive, violent, inappropriate, unsafe, scandalous, inflammatory, pornographic, indecent or profane.  

Cadbury's right to disqualify

18. If Cadbury decides Your entry and Your Share Joy the Moment does not comply with the Terms or it simply wishes to do so at any time, Your entry and Share The Joy Moment will be removed from the Website.   Cadbury reserves the right to check the validity of any entry according to these Terms.  Cadbury can also disqualify any person for tampering with the entry process or attempting to act in a fraudulent or otherwise dishonest manner.

Ownership of Your Share The Joy Moment and privacy issues

19. You promise Cadbury that all the copyright and other intellectual property rights in Your Share The Joy Moment (including, without limitation, all intellectual property rights in any images, music or other components of any image or footage submitted) is owned by You.  You also promise that giving these rights to Cadbury and allowing Cadbury to use Your Share The Joy Moment will not breach the intellectual property rights or the privacy of any other person.   
20. All material submitted becomes the property of Cadbury once submitted (including Your copyright and other intellectual property rights in Your Share The Joy Moment), and Cadbury can use Your Share The Joy Moment as Cadbury sees fit without any compensation (unless You are entitled to receive a payment or a prize under these Terms).
21. Where another person appears in a Share The Joy Moment, You must obtain all necessary consents for Share The Joy Moment to be uploaded.  In particular, that person or their parent or guardian (where the person is under 18) must be aware and give their consent to the Share The Joy Moment being used as set out above without compensation.                

Editing or changing Your Share The Joy Moment

22. You give up any moral rights You have in relation to Your Share The Joy Moment. Cadbury is allowed to review, edit or delete materials You upload without notice or liability, at any time and for any reason (but is not required to do this).

Additional Terms for the Weekly Prize draws

32. Each time You Participate You are automatically entered into a weekly prize draw (Weekly Prize Draw) for a chance to win a chilly bag of Chocolate (to the value of $50).
33. The Weekly Prize Draws commence on 10 January 2011 and ends on 28 November 2011.
34. Each time You Participate will be counted as one entry in the Weekly Prize Draw. You may Participate as many times as You like.
35. An updated list of the Weekly Prize Draw winners will be available on the Website within 10 working days of the date of each Weekly Prize draw.
36. Cadbury takes no responsibility for disputes arising as a result of entries submitted by users using an email address belonging to any other person.
37. If Cadbury determines that an entry does not comply with these Terms or is ineligible for any other reason, it will be discarded and a new winner will be randomly selected. If Cadbury is unable to contact an eligible winner after a period of 10 working days following the draw date, having made reasonable efforts to do so, the entry will be discarded and a new winner will be randomly selected.
38. Winners agree to be available for reasonable publicity purposes without compensation including, but not limited to, photographs and interviews. Winners acknowledge that their name and town or city, may be published in newspapers, magazines and online.
39. Cadbury may require a winner to provide proof of identity and/or proof of compliance with any other eligibility or participation criteria. Identification considered suitable for verification is at Cadbury's discretion.
40. Cadbury reserves the right to verify the validity of any Participation according to these Terms. Cadbury reserves the right to disqualify any person for tampering with the share or comment process or attempting to act in a mischievous, fraudulent or otherwise dishonest manner.

What if You cause Cadbury loss?

41. By signing up to the Joy Collective and Participating, You agree to indemnify, defend and hold harmless Cadbury and any related parties from all damages, costs and expenses, including reasonable lawyer's fees and costs, arising out of any of the following:
1. Any claims for infringement of intellectual property rights, libel, defamation relating to any materials You upload as part of Share The Joy;
2. Any activity relating to Your internet account, including negligent or wrongful conduct by You or anyone using the Website through Your internet account;
3. Your breach of any provision of these Terms;
4. Any other matter regarding the Joy Collective, Share The Joy and Your use of the Website.
42. You agree to use best efforts to cooperate with Cadbury in the defence of any such matter. Cadbury can, if it wishes to, at Your expense, assume the exclusive defence and control of any matter even where You are indemnifying Cadbury.

Cadbury's liability to You

43. To the extent it is permitted by law, Cadbury and its associated agencies and companies will not be liable in any way (including, without limitation, in negligence) for any loss or damage whatsoever suffered (including, without limitation, indirect or consequential loss) or for any loss or damage or personal injury suffered or sustained in connection with the Joy Collective, Share The Joy or Your Participation.  Cadbury is not liable for any tax implications that may arise as a result of receiving any payment or prize under these Terms .

Other things You should know

44. If, for any reason, any aspect of the Joy Collective, Share The Joy or the Weekly Prize Draw is not able to run as planned, Cadbury may at its sole and absolute discretion cancel, terminate, modify or suspend those promotions, or invalidate any entries which are affected by anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of those promotions.  
45. Cadbury may change information on the Joy Collective, Share The Joy and/or these Terms, at any time without notice. You should regularly review these Terms for any changes. Any changes will be effective immediately upon the posting of the revised Terms on the Website.
46. Cadbury controls and operates the Joy Collective and Share The Joy from New Zealand (regardless of where hosting servers are located).
47. Cadbury takes no responsibility for incorrect or outdated contact details relevant to the entrant's details. Cadbury, telephone networks, and/or internet service providers take no responsibility for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access telecommunications network services, or any other error or malfunction.
48. Cadbury decisions are final on all matters relating to these Terms and no correspondence will be entered into.
49. All matters relating to these Terms are governed by the laws of New Zealand, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding in connection with the subject of matter of these Terms will be in appropriate courts located in New Zealand.

For additional queries visit www.cadbury.co.nz or call consumer services on 0800 223 2879 (0800 Cadbury).