Terms & Conditions

COW & GATE

SMILES FOR CRUMLIN CAMPAIGN

TERMS AND CONDITIONS

OUTLINE OF THE CAMPAIGN

The campaign will be administered and managed by Cow & Gate of Nutricia Ireland Limited of 70 Sir John Rogerson's Quay, Dublin 2, Ireland (the Promoter).
The campaign will open on 30 May 2011 and close on 31st January 2012.
The purpose of the campaign is to support Our Lady’s Children’s Hospital, Crumlin (Crumlin Children’s Hospital).
The campaign proposes to achieve this by:
The Promoter making a donation to Crumlin Children’s Hospital for every unique photo uploaded to the campaign website or submitted to the campaign at any Supervalu Roadshow;
Creating and selling a calendar using photos submitted to the campaign; and
Receiving donations directly from members of the public either by text or via PayPal.
Persons who take part in the campaign will be deemed to have accepted these terms and conditions.
This campaign is open to Republic of Ireland residents aged 18 and over but excludes employees of the Promoter, Crumlin Children’s Hospital or Supervalu and their agents and families.
Any questions or concerns relating to any aspect of the campaign should be brought to the attention of our dedicated Careline staff by calling them free phone on 1800 570 570.

Further details and terms and conditions of each aspect of the campaign are outlined below.

SUBMITTING A PHOTO - TERMS AND CONDITIONS

Photos may be submitted to the campaign either by uploading the photo to the campaign website (www.smilesforcrumlin.ie) or by submitting the photo to campaign staff at campaign roadshows, which will be held in Supervalu stores across Ireland.
All photos uploaded to the campaign website or submitted at a campaign roadshow will be pre-screened by the Promoter and must be deemed suitable by the Promoter, at its absolute discretion, before they will be published on the campaign website.
Photos must not include any nudity, obscene behaviour or anything that is not deemed socially acceptable.
Any information, photographs or other media submitted by you must be personal to and relate specifically to you. You hereby warrant that the information which you submit will not infringe the intellectual property (including copyright), privacy or any other rights of any third party and has not been copied from any other source and will not contain anything, which is libelous, defamatory, obscene, indecent, harassing or threatening.
Individuals who upload photos to www.smilesforcrumlin.ie will be notified by email to advise them if they have passed the Promoters pre-screening. Please allow up to 1 working day for this process to be carried out.
The photo must be submitted only by or with the express permission of the babies’ parent or legal guardian. The Promoter reserves the right to verify the eligibility of participants and check their identity. Each individual may submit only one photo per child to the campaign.
If you wish to remove a photo that you have uploaded you may contact our Careline on 1800 570 570.

CRUMLIN CALENDAR - TERMS AND CONDITIONS

The Promoter will produce a 2012 “Smiles For Crumlin Calendar”, which will include 12 photos selected from all photos submitted to the campaign, as follows:
11 photos will be selected by a panel of judges, from a selection of photos submitted to the campaign before 1st September 2011. Panel of judges will be made up of:
• 1 Representative From The Children's Medical and Research Foundation, Crumlin
• 1 Representative From Cow & Gate
• 1 Representative From Design Agency Strategem
One photo will be selected by Supervalu from all photos submitted at Supervalu campaign roadshows before 1st September 2011 (in addition to which Supervalu will donate €1,000 to Crumlin Children’s Hospital); and
Any individual whose photo is selected in this manner to be published in the campaign website will be notified by phone or email.
The photo to be selected by Supervalu will be selected by a panel of judges associated with Supervalu by 1st October 2011.
In all respects, the judge’s decision is final and no correspondence will be entered into.
Persons whose photos are used in the 2012 “Smiles For Crumlin” Calendar may be required to take part in any publicity accompanying or resulting from this campaign.

DONATIONS BY THE PROMOTER

DONATION PER PHOTO

The Promoter will donate €1 to Crumlin Children’s Hospital for every unique photo per child uploaded to the campaign website or submitted at a Supervalu campaign roadshow (subject to the relevant photo passing the Promoter’s pre-screening and adhering to these Terms and Conditions), up to a maximum of €25,000. Each individual may submit only one photo per child.
After €25,000 has been donated to Crumlin Children’s Hospital (i.e. 25,000 valid photos have been submitted to the campaign), the Promoter will continue to support the campaign website (where members of the public can make donations), until the campaign closes on 31st January 2012.

CAMPAIGN CALENDER

For the first 10,000 2012 “Smiles For Crumlin” Calendar purchased the Promoter will donate the entire proceeds to Crumlin Children’s Hospital.
For each calendar sold over 10,000 the Promoter will donate the entire proceeds to Crumlin Children’s Hospital, less the cost of printing and postage for the additional calendars.
Calendars can be purchased in any of the following ways:
by pre-ordering online at www.smilesforcrumlin.ie through the PayPal page on the website (which will be delivered no later than 15th December 2011) or
at Supervalu stores in the Republic of Ireland from November 2011.
If you have not received your Calendar by this date, please call the Careline below.

DONATIONS BY MEMBERS OF THE PUBLIC

TEXT - Terms & Conditions

To make a donation, users must text ‘Smile’ to 57500.
The user must pay a minimum of €2.50 plus standard SMS cost for your network for each donation.
Only one text required per donation.
The minimum donation is €2.50, of which at least €1.00 will go to the Smiles For Crumlin campaign.
Donations through text ‘smile’ to 57500 can only be accepted from numbers in the Republic of Ireland.
Operator out payments and the relevant costs affecting them are subject to change.
The text provider is Púca: 8 Castlewood Place, Rathmines, Dublin 6. Helpline mServe +353 1 4995090. PO Box 10975, Dublin 6. Campaign website: www.puca.com. Email: info@puca.com. Text INFO to 51500 (Republic of Ireland or UK).

DONATION VIA PAYPAL - TERMS & CONDITIONS

To donate a personal amount direct to the Smiles For Crumlin campaign, you can donate via PayPal on www.smilesforcrumlin.ie.
The PayPal Page will allow you to make donations.
The PayPal page will allow also you to pre-order the Smiles For Crumlin Calendars.
Users will be taken to the PayPal site briefly in order for the transaction to be completed. You will return to the www.smilesforcrumlin.ie site when your transaction is complete.
Users must input all necessary fields requested by PayPal and will be given an order confirmation number, which will appear in their profile on www.smilesforcrumlin.ie.
Only one delivery address can be input per Calendar transaction. However, up to 5 calendars can be purchased at a time. Increased postage costs will apply.
You will be obliged to comply with PayPal terms and conditions, which can be found on the PayPal website:
https://cms.paypal.com/ie/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US

GENERAL TERMS AND CONDITIONS

No purchase of any product is necessary to enter the campaign. The individual may enter the campaign on the campaign website free of charge.
By submitting a photo to the campaign you hereby assign to the Promoter (or an associated company of the Promoter nominated by the Promoter) irrevocably and absolutely all right, title and interest in the copyright in the photo in the Republic of Ireland (and/or any other intellectual property rights subsisting in the entry) and throughout the world, for the full duration of such copyright including any extensions and renewals, including the right to sue for past infringement of such rights. You hereby waive all moral rights to the extent permissible in law, and agree that the Promoter and its associated companies shall be free to alter, modify, adapt, or amend the photo as it sees fit in its absolute discretion. You agree to enter into such further documentation as is required by the Promoter to give full effect to this clause. This in no way affects the privacy rights of any child or its parents in relation to such photographs
Incorrect, incomplete, illegible or late entries will be invalid and will not be accepted for entry into the campaign. No responsibility will be accepted for entries lost, delayed, misdirected, damaged, or undelivered, whether due to technical difficulties affecting electronic communication or otherwise.
The Promoter at its sole discretion and at any time has the right to remove an individual’s photo from the campaign if the Promoter has reasonable cause to believe that fraudulent, illegal or unauthorised activity is occurring or has occurred in relation to that photo.
The Promoter may modify these terms and conditions at any time without notice to individuals by posting revised terms and conditions on the campaign website. Any such changes or modifications shall become effective immediately upon posting. It is the individuals’ responsibility to periodically check for any modifications to these terms and conditions.
The Promoter reserves the right to vary, cancel, postpone or modify the campaign at any time and for whatever reason and/or amend or withdraw this campaign in whole or in part at any time.
All text, graphics, artwork, photographs, trade marks, sounds, music, and computer code (collectively the ”Content”), including but not limited to the design, structure, expression, “look and feel” and arrangement of such Content contained on the campaign website, is owned or controlled by the Promoter (unless otherwise stated) and is protected by copyright and trade mark laws and various other intellectual property rights and unfair campaign laws. Except as expressly provided in these terms and conditions, no part of the campaign website and no Content may be copied, reproduced, posted, publicly displayed or distributed in any way without the Promoter’s prior written consent.
Any logos used in the campaign (the “Trade Marks”) are the trademark or registered trademark of the Promoter. The individual may not use or reproduce the Trade Marks, or any variations thereof, without the prior written consent of the owners of those Trade Marks. You may not use the Trade Marks in any way that deliberately or inadvertently suggests the appearance or impression of a relationship with or endorsement by the owners of the Trade Marks.
The campaign website shall be used for lawful purposes only. Individuals and/or users of the campaign website shall not post any material and/or statement on the campaign website which violates or infringes in any way the rights (including the intellectual property rights) of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, sexist, racist, indecent or otherwise objectionable or, which encourages conduct or is conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any applicable law. Any entry which fails to comply with this provision will be disqualified from the campaign without prior notification. The Promoter reserves the right to remove any offensive language submitted on the campaign website at any time and to prohibit or restrict access to the campaign website as it sees fit.
Users of the campaign website are solely responsible for all materials that they upload on the campaign website.
Except where prohibited by law, in no event is the Promoter or any third party supplier of the Promoter responsible for any direct, incidental, special, consequential, indirect, or punitive damages of any character, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) arising from the campaign including without limitation damages for loss of goodwill, computer failure or malfunction and all other commercial damages or losses. The Promoter will under no circumstance whatsoever irrespective of the cause therefore, be liable for any loss, damage or personal injury to any individual, nor to their property or otherwise caused or suffered in connection with this campaign.
The Promoter does not warrant that any use of or access to the campaign website will be uninterrupted by error or virus free, nor shall it have any liability for damage caused by hostile software which may infect an individual’s equipment or property as a result of that participant using or browsing the campaign website.
Although the information and materials contained on the campaign website are based upon up-to-date information, and while the Promoter makes all reasonable efforts to ensure that all material on the campaign website is correct, accuracy cannot be guaranteed and the Promoter makes no warranties or representations as to its accuracy.
The Promoter may at its sole discretion and at any time do any of the following, without notice and without any liability whatsoever: (i) to delete entries from the campaign website for any reason (ii) to modify or change the campaign website, and any applicable policies or terms; and (iii) to discontinue, temporarily or permanently the campaign website including the campaign, with or without prior notice to individuals.
The Promoter shall not be liable in respect of any non-performance of its obligations by reason of any act of God, civil war or strife, hostilities, act of foreign enemy, invasion, war, satellite failure, legal enactment, governmental order or regulation or any other cause beyond its respective control.
By entering the campaign registering your name, email address and any other personal information, you expressly consent to the processing of your personal information by the Promoter and its agents for the purposes of the campaign, managing the campaign or associated publicity (including future promotional, marketing and publicity purposes in any and all global media without further consent or payment as stated in these terms and conditions).
The privacy notice displayed on the campaign website under “Privacy Statement” applies to any processing of personal data performed in connection with the campaign (the “Privacy Statement”). Please see the Privacy Statement for further information on how the Promoter collects, uses and discloses your personal data. All personal information relating to the campaign will be destroyed by the Promoter (or any third party on behalf of the Promoter) on or after 31 May 2012.
In circumstances where any individual provides the Promoter with personal information relating to any third party, the relevant individual warrants that he/she has received that third party's consent in relation to such disclosure and that the third party has been informed of, and agrees to, the Privacy Statement and the purposes for which the Promoter and its agents may use their personal information.
Unless specifically requested, the Promoter does not solicit nor does the Promoter wish to receive any confidential, secret or proprietary information or other material from you through the campaign website, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the campaign website, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by the Promoter or its agents without restriction for whatever purpose they deem fit and without payment of any sum or acknowledgement of their source.
The individual acknowledges and agrees that the Promoter has no responsibility for the information provided by websites which may link from the campaign website ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with the Promoter of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites. The Promoter has no control over these Linked Sites. The individual acknowledges and agrees that the Promoter is not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. The Promoter reserves the right to require any links on the campaign website from third party websites to be deleted immediately upon the Promoters request.
The Promoter may restrict, suspend or terminate an individual and/or any other user of the campaign website from accessing the campaign website and/or his or her ability to avail of any of the services on the campaign website, including interactive services, if the Promoter believes that such individual has breached these terms and conditions and/or the terms and conditions of the campaign website at any time. Any such restriction, suspension or termination will be without prejudice to any rights, which the Promoter may have against the individual in respect of the individual’s breach of these terms and conditions. The Promoter may also remove the campaign website as a whole or any sections or features of the campaign website at any time. Please note that the Promoter has the ability to trace the individual’s IP address and if necessary contact the individual’s ISP in the event of a suspected breach of these terms and conditions.
The campaign and these terms and conditions will be governed by and construed in accordance with the laws of Ireland and all disputes that cannot be amicably settled shall be submitted to the exclusive jurisdiction of the Courts of Ireland.