Terms & Conditions
UK imooore Terms & Conditions (updated March 2021)
Thank you for visiting https://imooore.com/pages/toys-tester-recruitment (the ‘Website’). These Terms and Conditions are for our toys tester recruitment program (the ‘Program’). By applying to the Program, you are accepting these Terms and Conditions.
We reserve the right to make changes to these Terms and Conditions from time to time. By continuing to take part in the toys tester recruitment program (the ‘Program’), you accept any changes to these Terms and Conditions.
1.1 We are Imooore Limited (‘we’, ‘us’ and ‘our’), a company registered in England and Wales with company number 12786696. Our registered office address is at 289 Kennington Lane, London, England SE11 5QY.
Applying to become a toy tester and the program
2.2 To apply to join the Program, you must complete the application form on our Website and submit it to us no later than midnight on 19 March 2021 (the ‘Deadline’).
2.3 We will review all applications received by the Deadline and select up to 120 applicants to join the Program. The decision about who will join the Program will be based on the information you provide to us in the application form (including the social media accounts you refer to in your application) and our decision is final.
2.4 If you are selected to join the Program, we will notify you and let you know how to order a toy. The toy will be provided to you free of charge and will have an approximate retail value of between £30 to £40. There is no cash alternative to the toy.
2.5 Once you receive the toy, you agree to post a photograph or video and a short review of the toy on the social media accounts you refer to in your application or as otherwise directed by us (your ‘Social Media Accounts’). When posting on your Social Media Accounts, you must comply with the requirements in these Terms and Conditions. All posts must be shared no later than midnight on 9 April 2021, show the toys being played with and contain the hashtags #(Ad), #imooorekids and #iplay (which must appear as the first three or the only hashtags). We may provide additional instructions to you in relation to the posts to make sure that we comply with any applicable laws, guidance or regulations.
2.6 We will review the posts made by all testers as part of the Program (the ‘Social Media Posts’) and select up to 20% of the testers who have posted to receive a £10 coupon that can be used on our website. Testers will be notified by us once a decision has been made.
2.7 Once you have taken part in the Program, we may invite you to take part in further activities as part of the Program at our discretion. An invitation does not guarantee participation in an activity and you are under no obligation to participate in any activity we may invite you to take part in. If you do take part in any further activities, these Terms and Conditions will apply.
In consideration of the products to be provided to you as set out in this agreement, you agree to post a photograph/video and a short review of the toy/s (the ‘Toys’) we provide to you in accordance with this Agreement.
You acknowledge that we shall be entitled in our discretion to engage the services of other individuals to endorse, test, promote or advertise our products worldwide at any time.
You agree that all photographs, videos and written materials provided by you in connection to the Program will be created by you and not by any other person.
You agree to:
take part in the Program and act as an ambassador for us and the Toys conscientiously and in a competent manner and comply with all our reasonable instructions in connection with these Terms and Conditions promptly;
not make any claims as to the properties, functionality or other qualities of the Toys other than those authorised by us in writing or as specified in writing by the manufacturer on the toy or any accompanying documentation or packaging;
take part in the Program solely in accordance with any instructions we provide to you, the CAP advertising code, the Competition and Markets Authority's guidance on social media endorsements and all other applicable guidance and regulations, as updated from time to time;
remove any and all posts over which you have control at the request of us as soon as practicably possible; and
not do anything which in our reasonable opinion would jeopardise your ability to take part in the Program or prejudice the goodwill or reputation of us, the Toys or any manufacturer of the Toys.
You warrant, represent and undertake to us that:
you have the legal capacity and are free contractually to enter into the Program and to comply with these Terms and Conditions and that you have not entered and will not enter into any professional, legal or other commitment which would or might conflict with or prevent your doing so;
you are 18 years of age or older and you agree to provide us with identification to confirm your age if required to do so by us;
you are the parent or legal guardian of any children that are including in your Social Media Posts and you have the consent of any other parent or legal guardian to the involvement of the children and the use of their images;
any materials you post in connection to the Program and your Social Media Posts will be wholly original to you (save to the extent that they incorporate material provided by us) and will not infringe the copyright or any other rights of any third party;
your Social Media Posts will not contain any defamatory matter nor breach any contract or law nor breach any duty of confidentiality, infringe any copyright or data protection rights, nor constitute contempt of court or obscenity;
you are and will remain for the period of the engagement a "qualifying person" within the meaning of Part I of the Copyright, Designs and Patents Act 1988 (CDPA); and
You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by the us arising out of or in connection with any third-party claims or any action, adjudication or decision taken against us by any regulatory body, in each case directly or indirectly arising (in whole or in part) out of any breach of clause 5.1.
We warrant, represent and undertake to you that:
the Toys are, to the best of our knowledge, safe and fit for their intended use; and
your use, in accordance with this agreement, of any materials provided to you by us for incorporation into any posts you make that are required by us in connection to the Program will not infringe the copyright or any other rights of any third party.
You assign to us absolutely with full title guarantee all your right, title and interest in and to the copyright and all other rights (including without limitation all performers' property rights under Part II of the CDPA) throughout the world in all media whether now known or hereafter developed for the full period of copyright and all renewals, revivals, reversions and extensions thereof (and thereafter, insofar as you are able, in perpetuity) including by way of present assignment of future copyright and all other rights in all products of the Services including, without limitation, all performances and literary, artistic and musical material created by you in the course of taking part in the Program (together the Contribution).
You irrevocably grant to us your consent to make full use of the Contribution, and any extracts from the Contribution, in all media worldwide.
You irrevocably grant to us a non-exclusive licence worldwide for the term of this agreement to use, and to authorise others to use, your name for the purposes of announcing and publicising, in all media, your association with, and participation in the Program to, us and in connection with any use of the Contribution, provided that no such use shall suggest that you endorse any commercial products or services other than the Toys and, more generally, our products and services.
You recognise that we have the unlimited right to edit, copy, alter, add to, take from, adapt and translate the Contribution and dub it into one or more foreign languages and you irrevocably and unconditionally waive the benefit of your moral rights arising under Parts I and II of the CDPA and performers' non-property rights arising under Part II of the CDPA and any similar laws of any jurisdiction in favour of us and all our licensees, sub-licensees, assignees and successors in title to the copyright in the Contribution.
We shall have the right to continue to use the Contribution and your name after the Program has ended for the purposes of fulfilling contracts entered into during that term and promoting units of the Toys for a period of 24 months.
You agree to do such acts and execute such documents as we may reasonably require to vest in or confirm to us or (as appropriate) our successors in title and licensees the copyright and all other rights assigned or granted or purported to be assigned or granted by you to us under this agreement. The Company shall reimburse you for reasonable costs incurred by you in so doing.
In consideration of you taking part in the Program, we shall provide Toys to you as described in clause 2.
Provision of any of the Toys to you shall be without prejudice to any claims or rights of us against you in respect of Program.
You hereby acknowledge and agree that the provision of the Toys represent full and final consideration for the Contribution, Social Media Posts and any other services rendered in connection with the Program.
You hereby confirm that you are solely liable for all tax due in respect of products you receive under in connection to the Program and shall indemnify us and keep us indemnified against any proceeding in respect of any non-payment by you in respect of any such tax.
Limitation of liability
Insofar as is permitted by law, we, our agents or distributors will not in any circumstances be responsible or liable to compensate you or any other person involved with the Program or accept any liability for any loss, damage, personal injury or death occurring as a result of participating in the Program except where it is caused by the negligence of us, our agents or distributors or that of our employees. Your statutory rights are not affected.
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between us and you, constitute either of us the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
Each party that has rights under this agreement is acting on its own behalf and not for the benefit of any other person.
We will only process your personal information and the personal information of any other person that is provided by you as set out in the PRIVACY NOTICE.
You undertake that you shall not at any time during the Program, and for a period of two years after you cease participating in the Program disclose to any person any confidential information concerning the business affairs, customers, clients or suppliers of us or of any member of the group of companies to which we belong including in particular new business or product ideas, lines and prototypes except as expressly permitted in this clause.
We undertake that we shall not at any time disclose to any person any confidential information concerning you, your business affairs, personal matters and relationships and those of your immediate family.
Each party may disclose the other party's confidential information:
to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 12; and
as may be required by law, to a court of competent jurisdiction or any governmental or regulatory authority.
Neither party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
If there is any reason to believe that there has been a breach of these Terms and Conditions, we may, at our sole discretion, reserve the right to exclude you from participating in the Program.
We reserve the right to hold void, suspend, cancel, or amend the Program where it becomes necessary to do so.
These Terms and Conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.