Fortnite Battle Royale Collection Competition
Terms and Conditions
The Competition is governed by these terms and conditions (the “Terms”) and by entering the Competition, entrants agree that they have read and understood these Terms and will be bound by them.
The co-promoters of the competition are:
• Smyths Toys HQ UC of Lyrr Building 1, Mervue Business Park, Galway, Ireland (“Smyths”); and
• Worlds Apart Limited, trading as Moose Toys, of Unit 3 Hurling Way, St Columb Major Business Park, St Columb Major, Cornwall TR9 6SX (“Moose Toys”),
(together, the “promoters”, “we”, “us” or “our”).
2.1 The title of the competition is the Fortnite Battle Royale Collection Competition.
2.2 We are looking for six Ali-A super fans to take part in the competition for the chance to meet and appear on a stream with YouTuber Alastair Aiken, a.k.a. Ali-A (“Ali-A”). Six winners will be invited to a special event at Smyths Staples Corner on Sunday 2 June 2019 to take part in creating a one-minute video promoting the Fortnite Battle Royale Collection. All six videos will be seen by Ali-A, and the winner(s) who record Ali-A's favourite video(s) will also win the chance to meet him in person and to be part of one of his Fortnite streams.
2.3 Since this competition is aimed at children aged between 6 and 12, we ask that their parent or guardian (if 18 years of age or older) enters the competition on their behalf. So unless the context otherwise requires, each reference below to “you” or “your” includes a reference to both (a) the child taking part and (b) the parent/guardian submitting the entry on the child’s behalf.
3 How to enter
3.1 The competition will run from 9am on 10 May 2019 (the “opening date”) until 11.59 p.m. on 17 May 2019 (the “closing date”) inclusive.
3.2 To enter the competition, please publish a comment in response to our Facebook post about the competition, telling us why Ali-A is your child's favourite streamer. The comment should be phrased in your child’s own words, and please aim to keep the comment within around [50-80 words].
3.3 All competition entries must be received by the promoters by such means by no later than 11.59 p.m. on the closing date. All competition entries received after the closing date are automatically disqualified.
3.4 No purchase is necessary, and there is no charge to enter the competition.
3.5 The promoters will not accept:
(a) responsibility for competition entries that we do not receive, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
(b) proof of transmission as proof of receipt of entry to the competition.
3.6 By submitting a competition entry, you are agreeing to be bound by these terms and conditions.
3.7 Please see the Smyths website for a copy of these competition terms and conditions.
3.8 The comments submitted as entries will be judged by a panel of three judges, one nominated by Smyths and the other two nominated by Moose Toys, one of whom will be independent of either promoter. The comments will be assessed on the basis of the originality and flair of the comments, also taking into account creative expressions of appreciation of Ali-A and enthusiasm for the Fortnite Battle Royale Collection. Please note that the judges will not rank comments by length, but rather by overall quality, and the judges will not evaluate comments in terms of their spelling, grammar or any other aspect of technical sophistication (and will disregard mere maturity of a child to the extent that such maturity is inherent in the child’s age, as we are keen for any eligible child to have a chance to win the prize, irrespective of age). The decision of the panel of judges (acting reasonably) will be final.
3.9 For the chance to meet Ali-A, Ali-A will, in consultation with the panel of judges, personally assess the overall quality of the video contributions made by the respective winners at the event, taking into account each child’s performance skill in front of camera and creativity of contribution to the video. Again, the contributions will not be judged for mere sophistication.
3.10 The promoters will send the full names of the judges to anyone who writes to Moose Toys during the competition period or within one month after the closing date of the competition requesting such names, and who provides an email address for the response.
4.1 The competition is only open to residents in the UK aged between 6 and 12 (both inclusive), except children of:
(a) employees of either promoter or its holding or subsidiary companies;
(b) employees of agents or suppliers of either promoter or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or
(c) members of the immediate families or households of (a) and (b) above.
Any such eligible child must, however, first obtain the permission of their parent or guardian (who must be aged 18 or older) to enter the competition and to claim a prize if successful. Such parent or guardian must submit the initial entry on the child’s behalf and must be willing (and/or another parent or guardian, aged 18 or older, of the child must be willing) to accompany the child to the event.
4.2 In entering the competition, you confirm that you are eligible to do so and eligible to claim any prize that you may win. The promoters may require you to provide proof that you are eligible to enter the competition. In particular, the promoters may ask each winner to provide proof of age.
4.3 The promoters will not accept competition entries that are:
(a) automatically generated by computer;
(b) completed by third parties or in bulk;
(c) illegible, forged or tampered with;
(d) altered or reconstructed from another entrant’s entry; and/or
4.4 There is a limit of one entry to the competition per household. Joint submissions are not allowed (although, for this purpose, the submission by a parent or guardian will not, in itself, be considered to make a child’s comment a joint submission).
4.5 The promoters reserve all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition.
4.6 Please do not submit comments by any means other than via a response to the competition Facebook post. Competition entries (whether correctly submitted or not) cannot be returned.
5.1 The details of the prizes are as follows.
(a) Six winners will be invited to a special event at Smyths Staples Corner on Sunday 2 June 2019 to take part in creating a one-minute video promoting the Fortnite Battle Royale Collection. The address is Unit 1, Staples Corner Retail Park, Staples Corner, Geron Way, London NW2 6LW. The event will begin promptly at [9.00 a.m.] and end at [11.00 a.m.]. You will need to arrive at the event at or before 8.45 a.m. on the date of the event, and you must make yourself available for filming and photography at the event throughout the course of the event (subject to allowance for reasonable rest breaks). The prize also includes one £50 Smyths voucher per winner, which will be given on the day of the event to each of the six winners, to spend in store.
(b) All six videos will be seen by Ali-A, and the winner(s) who record Ali's favourite video(s) will also win the chance to meet him in person at the event and to be part of one of his Fortnite streams.
5.2 The prize does not include any travel or accommodation costs or other personal expenses. Any costs or expenses incurred by any winner that are incidental to claiming the prize are the responsibility of that winner.
5.3 Each winner is responsible for ensuring that the winner and any person(s) travelling with the winner are willing and able to travel to the event.
5.4 Prizes are subject to availability, including, in particular, the personal availability of Ali-A on the date of the event, which the promoters will use reasonable endeavours to arrange, although the promoters shall not be responsible for any personal unavailability of Ali-A that is beyond the promoters’ reasonable control. There is no cash alternative for any prize.
5.5 Each prize is neither negotiable nor transferable.
6.1 The decision of the judges nominated by the promoters is final, and no correspondence or discussion will be entered into about the basis for their decision.
6.2 The promoters will contact each winner personally as soon as practical on or after  May 2019 (“announcement date”) via Facebook.
6.3 The promoters must either publish or make available information that indicates that a valid award took place. To comply with this obligation, the promoters will send the surname and county of the prize winners and copies of their winning entries to anyone who writes to Moose Toys at firstname.lastname@example.org within one month after the closing date of the competition requesting such information, and who provides an email address for the response.
6.4 If you object to the publication or making available of any or all of your surname, county and winning entry, please contact Moose Toys at email@example.com. In such circumstances, the promoters must still provide the information and winning entry to the Advertising Standards Authority on request.
7 Claiming the prizes
7.1 If you win a prize and wish to claim it, the winning child’s parent or guardian must contact Moose Toys by email at firstname.lastname@example.org on or before 11.59 p.m. on  May 2019. The email must:
(a) confirm the wish of the child and the child’s parent/guardian to attend the prize event in person on 2 June 2019; and
(b) provide us with contact details (include a mobile telephone number) of the attending parent/guardian so that we can contact you on or before the event to make practical arrangements for your attendance.
If you do not claim the prize by this date and in this way, your claim will become invalid.
7.2 The prize may not be claimed by a third party on your behalf (except by a parent/guardian on the child’s behalf in the manner described above).
7.3 The promoters will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their prize within 24 hours after the announcement date, the promoters reserve the right to offer the prize to the next eligible entrant selected from the correct entries that were received before the closing date.
7.4 The promoters do not accept any responsibility if you are unable to take up the prize.
8 Limitation of liability
To the fullest extent permitted by law, each promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize, except where it is caused by the negligence of such promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
9 Ownership of competition entries and intellectual property rights
9.1 By submitting any comment as a competition entry or making any contribution of any kind to any video and/or photography shoot at the prize event and/or to any “behind the scenes” footage shot by or for us and/or Ali-A in connection with such video or the event (such comment or contribution being referred to below as the “work”):
(a) you irrevocably grant to each promoter a royalty-free, worldwide, perpetual, assignable and sub-licensable licence to use the work (whether in its original form and/or edited in the promoter’s discretion) for all purposes of the competition and more generally for any one or more purposes of promoting, advertising and marketing such promoter’s products, content and/or services (“permitted purposes”);
(b) you irrevocably consent that each promoter may use (and authorise the use of) your name, nickname and/or image in connection with use of the work for any of the permitted purposes;
(c) you irrevocably waive, and agree not to assert, any moral or other non-transferable rights in the work; and
(d) you warrant and undertake that the work: (i) is original to you, is not defamatory and does not and will not infringe any third-party rights of any kind; (ii) is not subject to any conflicting agreement that does or will restrict usage of it; and (iii) (where you are a child) has been made with your parent’s or guardian’s prior permission.
9.2 Without limiting the foregoing, you acknowledge and agree that the promoter(s) and/or Ali-A may make, but are not required to make, the work available on their respective website(s) and/or any other media (whether now known or invented in the future), and/or in connection with any publicity for the competition.
We recognise the need to ensure the welfare and safety of all young people. So if you become aware that your work is being used inappropriately, or become aware of any inappropriate behaviour at the event, please inform us immediately.
11 Data protection
11.1 As well as any personal data contained in the work, we and our partners may also collect and process the personal data that you provide in connection with the competition. Those data may include certain data concerning your health that reveal information about your health status (for short, “health data”). Please also see clauses 6.3 and 6.4 in relation to the announcement of winners, which will also involve processing of personal data.
11.2 In processing such personal data, the promoters will act as independent controllers of such personal data. Each promoter will only process your personal data:
(a) for the permitted purposes described in clause 9.1 above (which will include, without limitation, sharing your work with Ali-A), to which you confirm your explicit consent; and/or
(b) as otherwise set out in their respective privacy policies at:
11.3 By submitting a competition entry, a parent or guardian confirms their consent to the processing of their own personal data and the personal data of their child in accordance with this clause and such privacy policies (to the extent that consent is required for such processing).
11.4 We and our partners may also process your personal data where otherwise permitted or required by law (“other purposes”, for short), such as where it would be necessary to comply with a legal obligation or where (for personal data other than health data) it would be in our or their legitimate interest to do so (for example, in the case of videos that have already been used publicly at a time when you had consented to the inclusion of your contribution in such videos).
11.5 We and our partners will only retain your personal information for as long as needed in connection with the permitted purposes and the other purposes.
11.6 Unless you separately agree otherwise, your contact details will no t be used for direct marketing.
12.1 If there is any reason to believe that there has been a breach of these terms and conditions, the promoters may, at their sole discretion, reserve the right to exclude you from taking part in the competition.
12.2 The promoters reserve the right to hold void, suspend, cancel or amend the competition if it becomes necessary to do so.
12.3 These terms and conditions and any related dispute or claim (contractual or non-contractual) shall be governed by, and construed in accordance with, English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.