SKY ZERO FOOTPRINT FUND
COMPETITION TERMS AND CONDITIONS OF ENTRY
- INTRODUCTION
1.1. These Competition Terms and Conditions of Entry (“Terms and Conditions”) set out the terms for the Sky Zero Footprint Fund competition (“Competition”) held by Sky UK Limited (company number 2906991) (“Sky”) to support its wider Sky Zero programme.
1.2. Each party who enters the Competition agrees to be bound by these Terms and Conditions.
- ELIGIBILITY
2.1. Only entrants who are in the following categories may enter: advertisers or businesses, creative agencies, media agencies, PR agencies, brand marketing teams or other similar businesses, which must operate in the United Kingdom or Republic of Ireland (“Entrant”).
2.2. The Entrant must have the explicit backing of senior personnel from the primary business entered. Entries must include the contact details of such senior personnel to enable Sky to verify that the entry has the appropriate backing.
2.3. In addition to the criteria in clause 4.4, Sky shall reserve the right to reject or omit entries that do not align with its Responsible Business Strategy. For more details click here: www.skygroup.sky/bigger-picture/better-business.
2.4. There is a limit of one entry to the Competition per Entrant.
2.5. Competitors of Sky are not permitted to enter nor have their brand entered by a third party.
- COMPETITION STAGES
3.1. The Competition shall open on 29 March 2023 and close at 11.59pm on 5 June 2023 (“Closing Date”).
3.2. In order to enter the Competition, a written entry must be submitted with business contact details on the competition page on skymedia.co.uk/skymediafootprintfund/ before the Closing Date. All competition entries received after the Closing Date are automatically disqualified.
3.3. Entrants must complete the entry form as instructed and provide details of a key representative to be their main contact for the Competition.
3.4. By entering the Competition, the Entrant acknowledges and agrees that should they become a Finalist (as detailed in this clause 3) they must produce an advertisement that reflects their submitted concept.
3.5. By entering the Competition, the Entrant accepts Sky’s Airtime Terms and Conditions and Digital Terms and Conditions available at www.skymedia.co.uk/terms-and-conditions/ and confirms they have read Sky’s Privacy Policy available at https://www.skymedia.co.uk/privacy-and-cookies-notice/.
3.6. After the Closing Date, the Judging Panel (defined in clause 4.1) will decide on a short-list of fifteen (15) Entrants (“Short-Listed Entrants”).
3.7. The Short-Listed Entrants will be contacted by email on or before 7 July 2023 and will be announced publicly by Sky on or around 7 July 2023. The Short-Listed entrants will be provided with further information for the second round, where they will be invited to pitch their idea to the Judging Panel at a live event that will take place at the beginning of August 2023. Travel to this event is to be covered by the Entrant or its respective agency.
3.8. From the Short-Listed Entrants the Judging Panel will decide on five (5) finalists (“Finalists”).
3.9. The Finalists will be contacted by email before being announced publicly by Sky on or around 14 August 2023.
3.10. The Finalists shall be required to produce a 30 second TV Creative based on their winning idea (the “Creative”).
3.11. The Finalists will be invited to attend a special event with the Judging Panel that will take place on the week commencing 4 December 2023 to reveal who will be the first prize winner of the Competition and who the four (4) runners up are. The prizes are detailed in clause 5. Travel to this event is to be covered by the Entrant or its respective agency.
3.12. The Creatives produced by the Finalists shall be broadcast exclusively by Sky on the Channels and Sky platforms for the duration of the Campaign Period (as defined in clause 5.6) unless otherwise agreed by Sky in writing.
3.13. Sky reserves the right to amend the dates set out in this clause 3 as required and will notify the relevant Entrants of any amendments to the dates.
- JUDGING
4.1. The judging panel for the Competition shall consist of judges who are experts in the areas of advertising, media and sustainability, and shall be selected at Sky’s discretion (“Judging Panel”).
4.2. The Short-listed Entrants and Finalists will be decided by the Judging Panel, whose decisions will be final.
4.3. The Judging Panel shall base their decision to select the winner and runners-up on whether the Entrant has:
a. Developed an idea or concept that will use the power of TV to inspire positive change for a more sustainable future;
b. Demonstrated the impact that their idea will have on the Nation’s path to net zero carbon;
c. Creatively brought to life their idea through a 30” TVC; and
d. Showcased how they have adopted more sustainable practices in the TVC production process.
4.4. In the unlikely event that the Judging Panel believes the Creative produced by a Finalist does not match the concept of the winning pitch, Sky reserves the right to withdraw the applicable prize.
- PRIZES
5.1. From the five Finalists, there will be a single first prize of £1 million of media value for the winner.
5.2. There will be four (4) runners-up prizes of £250,000 of media value.
5.3. The media value in clauses 5.1 and 5.2 shall be redeemable for deploying the Creative across the Channels and Sky platforms across UK and Republic of Ireland in line with agreement with the winner/runners-up (as appropriate) (“Media Value”).
5.3.1. Media Value will only be provided in Republic of Ireland if a) the client requests it b) it is clear that the product or services are available in ROI.
5.3.2. For entrants based in Republic of Ireland, media value will only be provided in the UK if the product or service is available in the UK.
5.3.3. Where appropriate, the prize fund will be converted from £ to € based on exchange rates at the time of campaign planning, and in line with Sky Media recommended splits between UK and ROI.
5.4. The winner and/or runners-up may use some of the Media Value for deploying a subsequent or updated TVC, which expands on the original creative concept, in consultation with Sky and subject to Sky’s prior written approval (at its discretion).
5.5. The Media Value will be priced in line with Sky’s standard rates it charges to the market for the same or similar inventory from time to time.
5.6. The Media Value must be redeemed between 8 December 2023 and 31 December 2024 (the “Campaign Period”). There is the potential for these dates to be flexible, subject to discussion with Sky. For the avoidance of doubt, the premiere of the Creative and exclusive broadcast of the Creative by Sky, as detailed in clause 3.12, is included in the Media Value.
5.7. For the avoidance of doubt, agency commission will not be payable on the Media Value.
5.8. No cash equivalent prizes are available.
5.9. Prizes cannot be assigned or transferred to a third party.
5.10. The Media Value is excluded from any existing share or volume expenditure deals that the Finalist may have with Sky.
5.11. All airtime will be booked at the absolute discretion of Sky and spread across the Channels at Sky’s discretion, but Sky will try to plan effectively for the winning brands’ target audiences.
5.12. The Media Value must be fully redeemed within the Campaign Period. Any remaining value left after the Campaign Period will be lost.
5.13. All Prizes are awarded at Sky’s discretion. Sky and/or the Judging Panel (acting reasonably) reserve the right not to select a winner or shortlist any entries, and/or to remove or amend selection criteria and/or the structure and operation of the Competition if entries are not of the requisite standard.
- THE CREATIVE
6.1. All aspects of production of the Creative shall be the responsibility of the Entrant (including filming, directing, engaging talent and producing). Sky will require regular contact and review sessions to ensure the Creative being produced is true to the winning entry.
6.2. The cost of producing the Creative is to be covered by the Entrant or its respective agency.
6.3. The Creative must be delivered to Sky and be ready to be broadcast by 7 December 2023 or the date of the Sky Zero Footprint Fund Showcase (whichever one comes first).
6.4. The Creative must be submitted by the Entrant to Clearcast for regulatory clearance prior to broadcast in the United Kingdom and the Republic of Ireland. Clearcast approval and any relevant documents of substantiation of claims being made in the advert must be supplied in writing to skymedia@sky.uk two business days before the Sky Zero Footprint Fund Showcase.
6.5. For the avoidance of doubt, the Creative must not have run in the United Kingdom or the Republic of Ireland before its premiere in the respective territory by Sky in accordance with clause 3.12.
- INTELLECTUAL PROPERTY RIGHTS
7.1. Each Entrant warrants and represents to Sky that:
a. it holds all necessary rights to permit the use, reproduction, display, transmission and distribution of the Creative in the manner specified in these Terms and Conditions and can grant to Sky such rights;
b. it has obtained all intellectual property rights and other third party rights, and all appropriate consents, clearances and licences for the Creative (including without limitation music rights and performance rights); and
c. that the transmission of the Creative and access by audiences as described in these Terms and Conditions will not infringe any intellectual property right or other third party right.
7.2. The Entrant agrees to indemnify and keep indemnified Sky and its Affiliates and hold Sky and its Affiliates harmless against any and all liabilities, costs, expenses, damages and losses of any kind (including legal fees and costs) incurred by Sky and its Affiliates as a result of any breach of clause 7.1.
7.3. For the avoidance of doubt, all intellectual property rights in the Creative (excluding any Sky trade marks, if applicable) shall remain the property of the Entrant. The Entrant may use the Creative for its own purposes, subject to Sky’s right to broadcast the Creative exclusively on its Channels and platforms as set out in clause 3.12 for the duration of the Campaign Period.
7.4. Unless otherwise agreed by Sky in writing, the Entrant is not entitled to, and shall not reproduce, display or otherwise use any Sky trade mark for any purpose.
7.5. Sky reserves the right to utilise the details and Creatives of Finalists in communications and publicity supporting the Sky Zero Footprint Fund and wider Sky Zero campaign. The Entrant grants to Sky a non-exclusive, non-transferable, non-assignable, royalty-free licence to use the Entrant’s trade marks and logos solely for the purposes set out in this clause 7.5 provided that all such uses by Sky shall be subject to the Entrant’s prior written approval. Sky acknowledges and agrees that nothing in these Terms and Conditions shall be construed to grant Sky any ownership or right in the Entrant’s trade marks and logos, save in relation to the licence granted in this clause 7.
7.6. For the purposes of this clause 7: “Affiliates” means any company, partnership or other entity which at any time directly or indirectly controls, is controlled by or is under common control with either party including as a subsidiary, parent or holding company.
- GENERAL
8.1. All entries must comply with all applicable laws and regulations.
8.2. Any press releases by Entrants referring to the Competition, the campaigns pitched as part of the process, or the Creatives must be discussed with and approved in writing by Sky before publication.
8.3. Sky reserves the right to amend the Competition rules during the judging process if the chair of the Judging Panel deems it necessary. In this event, Sky will notify all Entrants of the change and will publish the updated rules on the Competition website skymedia.co.uk/skymediafootprintfund/.
8.4. Sky shall have no liability to any Entrant or any other party for any delay, alteration or cancellation of the Competition due to or related to the Covid-19 pandemic.
8.5. If there is any reason to believe that there has been a breach of these Terms and Conditions, Sky may, at its sole discretion, reserve the right to exclude the Entrant from participating in the Competition
8.6. Headings of clauses are for ease of reference only and shall not affect the interpretation of these Terms and Conditions.
8.7. Words in the singular shall include the plural, and vice versa.
8.8. The words “include” and “including” shall be construed without limitation.
8.9. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter and supersede all prior understandings or discussions.
8.10. Each provision of these Terms and Conditions is severable and distinct from the others. Invalidity or unenforceability of a specific provision shall not affect the other provisions of these Terms and Conditions.
8.11. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other party, or authorise either party to make or enter into any commitments for or on behalf of the other party.
8.12. The Entrant shall comply with all applicable laws, statutes, and regulations, and codes relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010.
8.13. These Terms and Conditions shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with these Terms and Conditions.