TERMS OF USE

The Promotion is executed locally by Cadbury Kenya Limited P.O Box 4566 – 00100 Nairobi, Kenya and Cadbury Mauritius Limited 33 Edith Cavell Street, Port Louis, Mauritius, 11324 hereinafter together referred to as “the Promoter”) and designated marketing agencies in Zambia.

2.1 The Promotion will run from 5th June 2023 to 30th August 2023 (“Promotional Period”). No entries received after 23h59 on 30th August 2023 will be accepted.

2.2 The promotional period may be extended or curtailed at the discretion of the promoter.

3.1 All participants in the Cadbury Give a Generous Voice to Story Time must, at the time of entering the promotion: 

a) be a natural person and be at least 18 (eighteen) years of age at the commencement of the Promotional Period;
b) be a citizen and/or a legal resident of Kenya, Zambia, or Mauritius;
c) be in possession of a valid identity document, resident/work permit and/or driver’s license of the countries listed above; and
d) be residing or be present in Kenya, Zambia, or Mauritius for the duration of the promotional period. 

3.2 All participants agree that the Terms and Conditions, rules and provisions as set out herein are binding on them.  

3.3 Participation in the promotion excludes directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the promoter or any third parties involved in the execution of the promotion, either directly or indirectly (including but not limited to agencies, organizers and/or participating stores of the promotion) as well as the members of the immediate family (being spouses, life partners, parents, children, brothers, sisters, fathers and/or mothers) and/or business partners or associates of any of the aforesaid persons. 

4.1 To participate in the promotion, participants will be required to follow the steps outlined below: 

4.1.1   Scan the QR code or enter the website URL  www.cadbury.africa/ourownwords/ found on communication material in store (wobblers, shelf strips, gondola ends) or Cadbury Facebook /Twitter platforms or Television. 

4.1.2  Upon scanning the QR code or entering the URL, participants will be required to follow prompts and will be directed to www.cadbury.africa/ourownwords/ to either choose your country or enable location services to be redirected to your country’s website. 

4.1.3 On the website the participant may:

a) Read a story or listen to an audio story from our Cadbury library.

b) Narrate an existing storybook on the Cadbury library by recording in 3 easy steps:

I. Select the preferred language 

II. Select an existing storybook among the 85 existing in the library 

II. A microphone icon is provided on the website, click on the microphone Icon and they will be able to record their voice as they narrate a storybook 

IV. Submit the voice recording once complete

c) Share an existing story or audio story in the Cadbury library

4.2 Participants will also be prompted to enter their name, phone number and recording of an audio story into the mobile or desktop version of the Website and follow the instructions to complete any of the actions above. The interface may be:

4.2.1  Served as an ad unit
4.2.2  Be accessible through a link on the Cadbury Dairy Milk Facebook page
4.2.3  Through the Cadbury website

4.2.4  Through a Cadbury QR Code 

4.3 Participants can also visit one of the activation sites nearest and suitable to them, indicated below. Participants will be guided by brand ambassadors through the process of recording and using the sound booth.  

  • Gaurav, please list the malls 

4.4 Voice recordings submitted will be processed and utilised as part of the promotion and a participant can have their audio story showcased on our virtual library. Selection of final voices and story is at the discretion of the promoter and the participant will be notified.  

4.5 The user will be prompted to follow the steps and receive a thank you confirmation once their story has been submitted. 

4.6 The collected voices will go through a selection criteria process where only final 85 voices will be edited and published in the Cadbury library as audio books 

4.7 Only 85 audio stories/books (the “Final Audio Stories”) will be selected from the collated submitted recordings at the discretion of the publisher and promoter. The promoter reserves the right not to publish any audio story/recording which in its opinion includes objectionable content. The Final audio stories/recordings selected are only those that will be deemed appropriate for children below the age of ten (10) years. Audio Stories/ recordings that are not selected will not be used or published by the promoter or the publisher in any way. Participants should visit the website from time to time to confirm whether their audio stories have been published. 

4.8 The successful participants will receive a token of appreciation equivalent to $xx for the usage of their voice on the audio stories subject to the successful participants assigning all their copyright in the stories to Cadbury via Sisi Afrika exclusively for the duration of the subsistence of such copyright. Upon selection and publication of the audio stories, the successful participants will assign to Cadbury via Sisi Afrika by way of a copyright assignment (separate from these Terms and Conditions) all their rights to the audio stories for the full period of copyright throughout the world.  

4.9 The 85 final audio Stories that the participant has helped co-author will be made available on the website after 30th September 2023, once these have been vetted, edited, and published into audio stories of the existing 85 stories published in the Cadbury website. 

4.10 The promoter shall not be responsible for any network costs or telecommunication failure on the part of the participant’s service provider. 

4.11 Participants shall be solely responsible for the content entered in connection with this promotion and the promoter shall not be liable in any manner for any content uploaded in error or by mistake by the participants. 

Multiple audio stories submissions will be permitted subject to each entry being submitted separately and in accordance with entry requirements. 

6.1 The Homegrown audio stories collected through the promotion will be used on the Cadbury website digital library and across various platforms associated with the initiative. The final stories will be distributed in print, electronic and any other format or medium whether now known or hereafter devised.   

6.2 Participants will receive a thank you notification once their audio story and(or) their completed story has been submitted. 

6.3 The participants are required to visit the website to listen to the audio story they have submitted. The successful participants will be informed by Sisi Afrika on behalf of Cadbury if their audio story will be published. 

6.4 The successful participants will receive a token of appreciation of $xx for their completed audio stories subject to the successful participants assigning all their extended copyright in the audio stories to Cadbury exclusively for the duration of the subsistence of such copyright. Upon selection and publication of the audio stories, the successful participants will assign to Cadbury by way of a copyright assignment (separate from these Terms and Conditions) all their extended rights to the audio stories for the full period of copyright throughout the world. 

6.5 By submitting an audio story, participants warrant and represent that they own or otherwise control all rights to the story including, but not limited to, all the rights necessary for them to post, upload, input or submit such audio  stories and to grant permissions to the promoter to use such audio story as it deems appropriate. 

6.6 In the case of a multi-authored audio story, the participants confirm that they are authorized by their co-authors to assign all their rights in the co-author’s  audio story to Cadbury.  

6.7 Audio Stories submitted on the website are subject to copyright and may not be used for commercial use unless permission is granted by the promoter and Sisi Afrika(publisher). 

6.8 Stories created will be used to create books that will be distributed to selected partners and beneficiaries.  

7.1 Sisi Afrika are our publishing partner who have professional authors and editors that will be creating the Final Homegrown audio stories from consumer audio story submissions. For more information on this partner visit https://www.sisiafrika.com/

8.1 To the extent permitted by the Consumer Protection Act and any other applicable law:

8.1.1 The Participant hereby indemnifies the Promoter, its associated companies (directors, officers and employees) and agents against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participant’s entrance to the Promotion. 

8.1.2 The Promoter excludes all warranties (express or implied), representations and liabilities regarding the Promotion (other than for death or personal injury caused by its negligence and/or fraud). 

8.1.3 The Promoter reserves the right, at any time, to verify the validity of participants (including but not limited to a participant’s identity, age, and place of residence) and to reject any participant who has not complied with these Terms and Conditions. 

8.1.4 Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 

8.1.5 Neither the Promoter nor its agents or distributors will have any liability in relation to the Promotion. 

8.1.6 By participating in the Promotion, participants agree to allow marketing materials to be sent to them from the Promoter during and after the Promotion Period. 

8.1.7 The Promoter reserves the right to carry out reasonable due diligence to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Promotion will not bring the Promoter or any of the Promoter’s brands into public disrepute, contempt, scandal, or ridicule or reflect unfavorably on the Promotion as determined by the Promoter in its sole discretion. 

9.1 Participants of the Promotion are voluntarily providing their personal information (name only) to the Promoter its associated agencies and the third-party service providers running the Promotion in conjunction with the Promoter.  

9.2 The Promoter through subcontractors/sub processors may have access to specific information which can identify individuals who are consumers (known as “Personal Information” as defined by Protection of Personal Information Act). The Promoter and its subcontractors shall comply with all laws and regulations applicable to “Personal Information” and any related information. 

9.3 By entering the Promotion and agreeing to these Terms and Conditions, participants authorize the Promoter to collect, store and use (not share) personal information of participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should the participant wish to be removed from all communication. 

9.4 The Promoter through its sub processors warrants that any “Personal Information” will be collected in accordance with any applicable Data Protection legislation. 

9.5 By entering the Promotion, the Participant consents that the Promoter may use names and images taken of the participants for publicity purposes, without any further remuneration being payable to the participants. All promotional material will become the sole property of the Promoter. However, the participant has the right to decline participating in any promotional activity or to object to these images being used by written notification to the Promoter’s Legal Department. The written notification is to reach the Promoter by no later than the last stipulated draw date. 

9.6 Personal information will be retained as long as reasonably and legally required to perform the obligations under the terms of the campaign.  

10.1 The Promoter reserves the right to amend, modify, change, postpone, suspend, or cancel the Promotion and any, or any aspect thereof, without notice at any time, for any reason that the Promoter reasonably deems necessary. 

10.2 The onus rests on the participants to check the website for updates to the Terms and Conditions. 

10.3 No liability shall lie on the Promoter in favor of any Participant, and/or third party arising from such cancellation, suspension, or termination. Therefore, the participant waives his/her right which he/she may have against the Promoter and hereby acknowledges that he/she will have no right of recourse or claim of any nature whatsoever against the Promoter. 

10.4 The Promoter’s decision is final, and no correspondence will be entered. 

10.5 Promoter will not be liable for any unforeseen defects in promotional materials supplied or manufactured by third parties including but not limited to the QR code. 

10.6The Promotion is in no way sponsored, endorsed, or administered by or associated with Facebook or any other social media platform used to promote this campaign. By entering the Promotion, Participants acknowledge that the social media platforms do not bear any responsibility for this Promotion. 

10.7 If in part or all any clause of the Terms and Conditions is illegal, invalid, or enforceable:

10.7.1 It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, 

10.7.2 It will be severed from the Terms and Conditions, and the remaining provisions of the Terms and Conditions will continue to have full force and effect. 

10.8 All queries and/or complaints pertaining to this Promotion should be directed to  www.cadbury.africa/ourownwords 

10.9 All Terms and Conditions are subject to the laws of Republic of Kenya, Mauritius and Zambia and should a doubt or dispute occur, it will be taken before the courts of those countries. 

10.10 The Promotion is not applicable in conjunction with any other offers/promotions offered by the Promoter. 

10.11 In the event of any inconsistency between these Terms and Conditions and any terms and conditions printed or displayed on any marketing materials published or broadcast in any media (such as but not limited to the internet, television, radio, newspaper, magazines etc.) relating to the Promotion, these Terms and Conditions shall prevail.