Reinvent your chocolate moment

TERMS AND CONDITIONS


  1. Subject Matter/Preamble

    1. The contest is offered by the service provider HYVE Innovation Community GmbH
    2. Headquarter of HYVE Innovation Community GmbH is registered in Munich, Germany
    3. The Sponsor of the Contest is Kraft Foods Europe GmbH and its affiliates
    4. Subject of the Competition is to submit ideas ("Entries") about the next chocolate bar/tablet (the terms "bar" and "tablet" are used interchangeably in some countries) experience. The exact rules and regulations are to be found at the web page to be accessed at www.chocolate-lovers-contest.com.

      Typically, a contestant will participate by submitting an entry to the competition. One can, however, participate in the competition in the form of commenting on and rating the entries of other participants in order to help select the top entries. Participants who are active in commenting on entries of others who do not submit at least one idea will not be eligible as winners.
    5. The Competition is hosted on a server from HYVE Innovation Community GmbH ("HYVE"), which is accessible via the following hyperlink: www.hyve-community.de.
    6. Entries can be submitted and altered in the submission phase starting on the 6th of November 2012 and ending on the 18th of December, 2012 (11:59 PM CET). After termination of the submission phase no new entries will be taken into consideration for the award of prizes. For further details on the timeline of the competition please see "About the Contest".
  2. Competition goals

    The main goal of the Contest is to create ideas and concepts for the next chocolate bar/tablet experience by open innovation. The discussion and rating of ideas, issues or concepts is important for generating new food for thought. Existing ideas are further developed or new ideas are created. The higher the level of interactivity on the platform, the better the ideas will be.
  3. Eligibility

    To be eligible to take part in the Competition, participants must be age 18 or older (or, if according to the national laws applying to a participant, a higher age is required for full legal responsibility, this participant must be of at least such required age) on the date on which the participant registers for the Contest.

    Prospective entrants must first register and accept the competition Terms and Conditions before submitting any entries.

    Groups are not permitted to participate in the competition.
  4. Participation

    In order to take part in the contest, participants are required to register at the following website www.chocolate-lovers-contest.com.

    Participants will be required to submit their full name, username, e-mail-address, country of residence and confirm that they have read and agree to be bound by these Terms and Conditions. HYVE will use the submitted personal information only in connection with this contest and will not disclose such personal information to third parties. Participants must select a user name, under which their entry will be submitted. All users must select a password to allow their access to the Contest website. Participants can also select the option "Keep me informed with our email Newsletter" allowing HYVE to contact them after the contest.

    A participant may end his or her participation in the contest at any time by sending a brief e-mail notification to HYVE Innovation Community GmbH at info@chocolate-lovers-contest.com. Termination of the participation shall not affect any rights or obligations incurred prior to the date of termination.

    No purchase of any product or service by HYVE or any third party is required for participation in the Contest.

    No participant is entitled to use the trademarks or service marks provided on the platform as a result of his/her participation in the Contest.
  5. Course of Competition

    Entry submission is supported by a user-friendly submission procedure. For further information with regard to the submission of Entries please see how does this contest work.

    HYVE will not accept entries which:

    • contain inappropriate, obscene, defamatory, libelous, slanderous, profane, indecent or unlawful content;
    • infringe intellectual property rights or misappropriate trade secrets or confidential information of third parties;
    • constitute "hate speech", whether directed at an individual or a group, and whether based on the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
    • contain viruses, worms, corrupted files, cracks or other materials that are intended to or may damage or render inoperable software, hardware or security measures of HYVE and/or any other third party;
    • facilitate or promote gambling, or the sale or use of hard liquor, tobacco products or illegal drugs or any other illegal activity;
    • otherwise restrict or inhibit any person's use or enjoyment of the Contest or other services provided by the platform;
    • contain confidential information of trade secrets of the submitting participant.

    Entries may only be submitted by individuals. If the submitted entry is a joint effort of several individuals, the submitting individual will represent the interests of all contributors to the entry vis-à-vis HYVE. The participant warrants, that he/she has permission form all other involved parties to submit the entry according to these Terms and Conditions. Furthermore the participant agrees to exempt HYVE from any and all claims by other involved parties.

    HYVE shall not be required to keep the content of the entries confidential nor shall HYVE be liable for the consequences of disclosure of such content.
    In case two identical or very similar entries are submitted, HYVE will only accept the first entry which is submitted in the competition. Whether entries are considered very similar lays in the sole discretion of HYVE.

    Entries which are incomplete, defaced or damaged will be deemed invalid and may be deleted by HYVE.

    Participants agree to be bound by these Terms and Conditions when entering the competition. Failure to comply with these Terms and Conditions will prevent a potential participant from participation. Participants furthermore agree to abide by HYVE’s decisions, which are final and binding. The details of evaluation of the entries will not be published. The participants have no entitlement to individual feedback or any explanation concerning the expert team's and the jury's decisions. HYVE shall have no obligation to respond to any correspondence received from participants. Any recourse to the courts of law regarding the jury’s decision is excluded.

    The winners of the Competition will be chosen in two steps as described below on the following criteria:

    • I have never seen this before.
    • I want to eat this.
    • I understand this idea well.
    • This idea inspires me.
    • This idea still has everything that I love about regular chocolate bars/tablets.
    • This idea is marketable/has mass appeal.
    • This idea is feasible.
    Of all valid Entries from the Submission Phase an expert team will choose the top Entries at its sole discretion as follows: a mix of entries will be chosen directly by the experts and based on the community rating. The expert team will be comprised of Kraft Foods experts.

    The jury is responsible for the selection of the 3 best ideas. The members of the jury will consider the opinions of the community, nominees made by the expert team and the evaluation criteria. The jury will also determine the Most Valuable Participant of the contest. The selection process is described in detail in section 9 paragraph 2.

    The prizes are described on the webpage www.chocolate-lovers-contest.com. Winners will be notified by E-mail and HYVE will pay out monetary prizes via bank transfer once winner provides his/her bank account information. Monetary prizes may not be possible in all countries. In cases, where monetary prizes are not possible, it will be substituted with a non-monetary prize of equal value. The non-monetary substitute prize will be chosen by HYVE. In some countries a tax declaration may be required.
  6. Evaluation of ideas

    It is also possible to participate in the competition by evaluating and commenting on the submitted works of the other participants.

    A final evaluation will be supplemented by 11 experts and finally discussed within the jury meeting.
  7. Prizes

    All submitted ideas have the opportunity to win cash prizes amounting to a total of USD 11,000:

    • 1st prize USD 5.000
    • 2nd prize USD 3.000
    • 3rd prize USD 2.000

    Aside from the best ideas, the contest management team will also award a prize for the most valuable Participant. This participant will be rewarded with USD 1,000.

    A professional jury comprised of international experts will determine the winning ideas. It is not possible to appeal against the decision of the operators of this contest. Legal recourse is excluded.
  8. Timeline

    These are important dates to remember:

    • Start of the contest: November 6, 2012
    • End of submission: December 18, 2012
    • Jury Meeting: February, 2013
    • Announcement of winners: February, 2013
  9. Jury decision

    The jury meeting is private and the jury is composed of a group of experts that has been selected by Kraft Foods. The jury is responsible for the selection of the 3 best ideas. The members of the jury will consider the opinions of the community, nominees made by the expert team and the evaluation criteria.

    The jury also determines the Most Valuable Participant of the contest. Candidates are nominated by the contest team (Experts and Community Managers) that participated in the discussion on the platform. Criteria for a nomination are activity in the discussion during the contest, quality of contributions and support for other members. Contestants must submit at least one idea to be eligible to be selected as Most Valuable Participant.

    The jury's decision is final. The evaluation of the individual ideas in regard to the evaluation criteria will not be published. The participants have no claim to individual feedback or any explanation concerning the jury's decision.
  10. Intellectual Property and Right of Use

    10.1 General Assignment/License by entering the Competition

    By entering the Competition, participants irrevocably and unconditionally assign, to the extent legally possible, to HYVE any and all intellectual property rights, i.e. all right, title and interest of whatsoever nature they may have in the material uploaded and thereby made known to HYVE in the course of the Competition (hereinafter referred to as "Materials"), including, but not limited to, rights relating to patentable inventions. This assignment shall be free of all liens, encumbrances and rights exercisable by third parties and, without prejudice to the foregoing; with full title guarantee HYVE accepts this assignment.

    Where such assignment is not possible for legal or any other reasons, participants, by entering the Competition, grant HYVE - free of all liens, encumbrances and rights exercisable by third parties - an exclusive, irrevocable, world-wide, royalty-free, perpetual, sub-licensable, transferable and fully paid-up right to use the Materials in their original or in any modified form and in any known and - as of the confirmation of these Terms and Conditions by the participant - unknown way. This scope of license includes all fields of use, for example without limiting the generality of the foregoing, the right of either HYVE or the sponsor to copy, make available, publish, distribute in any medium in physical or non-physical form, exploit, translate, transform and/or modify the Materials, as well as the right of online-use of the Materials in all communication networks (Internet etc.). HYVE and the sponsor shall have the right of the world-wide commercial exploitation, marketing, distribution and sale of any and all kinds of products based on such Materials.

    The license shall also permit HYVE and its designees to use portions of the Materials submitted by the participant, to modify or redesign any Materials submitted, to have it modified or redesigned, and/or incorporate other materials, either created by HYVE, its designees or participants of the Competition or licensed from third parties, with the submitted Materials. Any such works shall be deemed Materials owned by HYVE and shall not be subject to the participant's approval or payment by HYVE of any compensation to the participant.

    HYVE as exclusive holder of the license shall have the sole authority to claim infringement of any intellectual property of the Materials by third parties. The right of the participant to claim such infringement is excluded.

    By making a submission, the participant acknowledges and agrees that HYVE, its designees and the sponsor may create on their own or obtain many submissions that may be similar or identical to the Materials the participant submits through the Contest or other channels and means. The participant hereby waives any and all claims he or she may have had, may have, and/or may have in the future, that submissions accepted, reviewed and/or used by HYVE, its designees and the sponsor may be similar to his or her Materials. The participant expressly waives his/her right to authorship credit with respect to copyrightable Materials.

    HYVE, its designees and the sponsor shall, at its sole discretion, be entitled to use inventions or protectable ideas which are contained in any submitted Materials for any technical use and to file for patents and other statutory protection in any country in its own name as it sees fit, and to maintain or abandon those rights at any time. The intellectual property rights arising on the basis of any such registration shall belong to HYVE. If any intellectual property rights require registration or a similar process in any country, the participants who submitted the Materials shall support HYVE in such process by providing the necessary declarations, documents or other materials available to them. Any rights granted by the participant to HYVE under this Section may be assigned further by HYVE to affiliates of HYVE (15ff Aktiengesetz - German Code of companies limited by shares) and the sponsor.

    10.2 Re-assignment/Waiver of License for non-winning entries

    With the exception of the winning Materials(see section 10.3), HYVE - upon the end of the Competition - automatically re-assigns any intellectual property rights assigned under Section 10.1 to the former rights holder in such Material or, in case of license grant to HYVE under Section 10.1, HYVE will waive any such license rights.

    HYVE will internally evaluate the non-winning Materials regarding feasibility of implementation as well. For this reason the participant shall - for a period of six (6) months following the end of the Competition - not assign to any third party any intellectual property rights, i.e. any right, title or interest of whatsoever nature they may have in the Materials and shall not grant any rights to use the Materials to any third party. During this period the participant commits to enter into assignment and/or license discussions with HYVE in order to enable assignment and or license grant to HYVE on friendly, reasonable and non-discriminatory (FRAND) terms.

    10.3 Specific rules for winning entries

    For the sake of clarity it is expressly stated that Section 10.2 does NOT apply to winning entries.

    The Winners have no right to claim implementation of the Materials contained in their entries.
  11. Consent to Publication/ Data Protection

    The participant consents to the use of his/her entry by HYVE, its designees, and the sponsor for public relations purposes, including, but not limited to, advertising. The participant further accepts that all submitted entries will be published in the World Wide Web. The participant agrees to the publication of his/her name if selected as a winner. The participant waives any claim to royalty, right or remuneration for the rights of use described in this Section.

    The collection and storage of personal information for the purposes of the Contest will be conducted in accordance with all applicable data protection laws of the Federal Republic of Germany and the EU-Directive for Data Protection. Specifically, the data collected in the process of this Contest may be used to contact a participant and inform him/her whether he/she has won a prize.

    Personal data concerning the submission of designs/ ideas will only be collected, processed and used by HYVE for administration purposes and for the evaluation of the results. All personal data will remain confidential and will not be revealed to any third parties. HYVE will make the winners personal data available to the sponsor, once HYVE receives the winner’s approval.

    In case you agree with your registration to be informed by HYVE about further Idea and Design Competitions via email, you agree with the collection, processing and use of your personal data for this purpose.

    The personal data will be stored at HYVE and will be handled according to the regulations as stated by the German data protection law. HYVE guarantees that all customer data will be handled as confidential and will demand the same in writing from any contractors and/or cooperation partners.

    It is possible to contact HYVE (HYVE Innovation Community GmbH, Schellingstrasse 45, 80799 Munich, Germany) at any time to revoke the consent to use or processing of personal data and to request the deletion of all personal data.
  12. Release

    The participant warrants and represents that his/her entry contains only original ideas of the participant and that the participant has the right to grant the rights and licenses set out in section 10 above. The participant warrants that any submission created in the course of the Contest shall not infringe any right including but without limitation intellectual property rights, industrial property rights, copyright, trademark right, right in trade dress, industrial design right, patent right, or privacy rights or right of publicity, right in trade secrets, right in protectable ideas or concepts of any person anywhere.

    A submission includes but is not limited to: (a) the graphic design(s) developed for the Contest; (b) variations and elements of the graphic designs; (c) images, photographs, artwork, writings and prototypes which are part of or which describe (a) or (b), (d) strategic concept(s) and images, photographs artwork, writings and prototypes which are a part of or which describe the selected strategic concept(s); (e) research findings in the form of reports and presentations; and (f) any other material developed for the Contest.

    The participant agrees to release and hold HYVE harmless from any and all losses, damages, claims, rights, liability and actions of any kind brought against HYVE in connection with the participant's entry.
  13. Disclaimer

    HYVE is not responsible for entries not received due to lost, failed, delayed or interrupted connections or miscommunications or other electronic malfunctions, or due to lost, late, mutilated, illegible, incomplete, insufficient postage or misdirected mailed entries. HYVE is not responsible for incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the entries in this Contest.

    Most of the content posted on www.chocolate-lovers-community.com is provided by third parties. Such third-party content is the sole responsibility of the person creating that content. HYVE does not control, and is not responsible for this third-party content. HYVE does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content regardless of who creates that content. The participant expressly understands and agrees that he or she bears all risks associated with using or relying on that content.

    The Contest web site may contain links and references to the web pages of third parties. HYVE shall have no liability for the content of such web pages and does not make representations about or endorse such web pages or their contents as its own, as HYVE does not have control over the information or contents on such web pages, nor shall HYVE be liable for the quality, correctness or completeness of any third party information expressly provided on the Contest web site as third party information, including any information supplied by any of the sales partners.
  14. Miscellaneous

    Any tax or other charges levied on the prizes shall be the sole responsibility of the relevant Winner. Any prize granted in the course of the Contest shall be subject to any restrictions that may be imposed on the provision of such a prize by the local law of the Winner's country of residence.

    All monetary prizes will be paid in USD.

    All legal relations between HYVE and the Participant shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany. Any conflict regarding the Contest or the Terms and Condition shall be subject to the exclusive jurisdiction of the Courts of the Federal Republic of Germany.

    HYVE reserves the right to modify these Terms and Conditions at any time, without advance warning or notice, and/or to suspend, withdraw or cancel the Contest for any reason and at any time, without incurring any liability. HYVE furthermore reserves the right to exclude at any time a participant who is not willing to abide by these Terms and Conditions, without incurring any liability for such exclusion.