Kindle Storyteller Writing Competition – Terms & Conditions (UK)
Please read these Terms & Conditions before entering the Kindle Storyteller 2022 writing competition (“Competition”). By submitting an entry, you acknowledge that you have read and agree to be bound by these Terms & Conditions and the decisions of Amazon Media EU S.à r.l. (“Amazon”, “we”, “our” or “us”) and the judges, and that you satisfy all eligibility requirements.
• Entrants must be aged 18 or over. The Competition is open to writers publishing in English in any genre, who publish their work through Kindle Direct Publishing (see further below under HOW TO ENTER).
• The Competition and these Terms & Conditions are void in Mexico, Brazil, Tasmania, Quebec and where otherwise prohibited by law, and are subject to all applicable laws. Entrants may not be a national or legal permanent resident of any of the following countries: Cuba, Iran, North Korea, Syria, or Region of Crimea. Entrants may not be members of any guild, union or other organisation that may prohibit them from participating in this Competition and that would restrict, require due payment or otherwise have the right to oppose such entrant’s participation in this Competition. The Competition is not open to employees or independent contractors, or immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren) or those living in the same household of employees or independent contractors, of Amazon or any other person involved in any aspect of the Competition (including funding, judging or administration), and each of their respective parents, subsidiaries, affiliates, advisors.
HOW TO ENTER
• Competition entry period begins at 00:00:01 (BST) on 1st May 2022 until 23:59:59 (BST) on 31st August 2022 (“Entry Period”).
• To enter, during the Entry Period you must go to the Kindle Direct Publishing (“KDP”) [sign-in-page] (https://kdp.amazon.com/en_US/) (you may select the language for your region in the upper right corner of the page) and follow the instructions to upload and publish to KDP an original, previously unpublished, English-language book authored by you (the “Book” or the “Entry”), and include the exact phrase “StorytellerUK2022” (without quotation marks) in the “keywords” metadata field in order for us to identify your Entry.
• Entry into the Competition requires that you have an Amazon account and a completed KDP account (to sign up, visit the KDP sign-in page at https://kdp.amazon.com and follow the instructions).
• All Entries must be received in the Entry Period. Amazon’s servers and clock shall be deemed the official clock for all phases of the Competition, and an entrant’s proof of a submission does not constitute proof of receipt by Amazon.
• There is no limit to the number of separate Entries that each entrant can submit.
• Amazon is not responsible for (i) lost, misdirected, late, incomplete, or unintelligible Entries or for inaccurate Entry information, whether caused by entrant or by any of the equipment or programming associated with or utilised in the Competition, or by any technical or human error that may occur in the processing of Entries; or (ii) any printing, production, human or typographical errors in any materials associated with the Competition.
CONDITIONS OF ENTRY
• Each entrant must follow and meet the following requirements when submitting an Entry.
• Entrant must be the author of the Book. The Book may have up to a maximum of two co-authors, provided the two co-authors enter the Competition together in a single Entry. For the avoidance of doubt, both co-authors agree to be bound by and are responsible for compliance with these Terms & Conditions and any reference in these Terms & Conditions to "entrant" means both co-authors.
• Entrants agree to comply with KDP Terms & Conditions and the KDP Content Guidelines both as amended from time to time and meet other reasonable community standards as determined by Amazon in its sole discretion.
• The Book must be previously unpublished, meaning it is not currently or has not previously been the subject of a publishing agreement or option with any publisher or been previously published in any format (including KDP) or in any other language.
• Entrant must make the Book available for sale in both digital and print versions through KDP. Entries that are submitted in one format only will not meet these conditions of entry.
• Entrant must enrol the digital version of the Book in KDP Select throughout the Competition, making it exclusively available through Amazon from the date of submission of the Entry until the announcement of the Finalists and, if selected as a Finalist, until the Grand Prize Winner is announced (see further below under JUDGING).
• Each Book must be no less than 24 pages when in paper/print format.
• Entrant must be able and willing to negotiate in good faith with Amazon to enter into an exclusive, worldwide publishing agreement for your Book in all languages, and must not be under any existing obligation that would inhibit or prevent entrant from entering such publishing agreements (see further below under GRANT OF RIGHTS).
• Each entrant, by entering this Competition and accepting these Terms & Conditions, represents and warrants that (i) he/she is the sole author and the legal and beneficial owner of all rights in the Book and its content, including all copyright and rights in the nature of copyright, patents, trade marks, service marks, moral rights, trade secrets and all other intellectual property or proprietary rights in any part of the world to which the entrant is, or may become entitled; (ii) the Book is the entrant's original work and is not copied wholly or substantially from any other work or material or any other source; (iii) the entrant has not assigned or licensed any rights in the Book and no previous version of the Book has previously been published anywhere in the world in any language; (iv) the Book is not defamatory, libellous, obscene, or otherwise unlawful; (v) the exploitation of the rights granted by these Terms & Conditions has not infringed, and will not infringe, the rights of any third party.
• Amazon may disqualify any entrant whose Entry Amazon determines, in its sole discretion, at any time does not to comply with any requirement described in these Terms & Conditions or the foregoing representations and warranties.
• Amazon reserves the right in its sole and unfettered discretion to disqualify at any time any Entry containing obscene, offensive, pornographic or sexually explicit material, or libellous, disparaging, infringing or other inappropriate content or subject matter (as determined by Amazon in its sole discretion).
• If an entrant appears or is identifiable in his/her Entry, such entrant consents, by virtue of submitting his/her Entry to the Competition, to Amazon’s use of the entrant’s name, likeness, photograph or image, whether in writing, audio, and/or video, for any purpose, in any media, without compensation or additional consideration to entrant.
• The entrant shall indemnify and hold Amazon harmless 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 (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Amazon arising out of or in connection with any breach of the representation and warranties above. At the request of Amazon and at the entrant's own expense, it shall provide all reasonable assistance to enable Amazon to resist any claim, action or proceedings brought against Amazon as a consequence of that breach.
USE OF PERSONAL DATA
• By entering the Competition, you are providing your personal data to Amazon as data controller and acknowledge that your personal data will be used by Amazon for the purposes of administering the Competition, conducting publicity about the Competition and such additional purposes consistent with the nature of the Competition. Amazon will share your information with third parties that have a need to know, such as any judging panels and third parties Amazon retains to assist in administering the Competition. All personal data submitted in connection with this Competition will be treated in accordance with Amazon’s privacy notice, located at www.amazon.co.uk/privacy.
• The entrant represents and warrants that he/she has received the necessary written consents for all processing of any person (or parent or legal guardian if such person is a minor) who appears or is identifiable in any Entry and has informed any such person of the purposes of such processing in compliance with all applicable legislation relating to data protection and privacy. Amazon may at any time during the Competition request proof of such consent and disqualify any Entry for which such consent cannot be provided. Failure to obtain or provide such consent will disqualify the Entry.
• Entrants agree to indemnify and hold harmless Amazon, any person or any entity involved in any aspect of the Competition (including funding, judging or administration), and each of their respective parents, subsidiaries, affiliates, advisors, contractors, and advertising/promotion agencies, for any action or claim brought by a person whose consent entrant did not obtain.
• First Round. Each Book will be rated based on commercial viability (including, without limitation, with regards to the Book’s sales, borrows and customer feedback), as determined by Amazon in its absolute discretion, and a minimum of five finalists (each a “Finalist”) will be selected. In the event of a tie, the tie will be broken by the tied Entries being rated based on originality of Book content, as determined by Amazon in its sole discretion. Amazon will not contact you if you are not selected as a Finalist. Each Finalist will be notified by Amazon by phone or e-mail within fewer than twenty (21) days of the end of the Entry Period. Each Finalist will have two (2) business days from the date of Amazon’s notice to respond to Amazon by email (to KDPStorytellercompetitionUK@amazon.co.uk) and confirm acceptance of the Finalist Prize (as defined below). If a Finalist (or any substitute Finalist) is disqualified, ineligible, cannot be reached, or fails to claim the Finalist Prize within two (2) business days of Amazon’s notice, that Finalist (or substitute Finalist) will forfeit the Finalist Prize and it will be awarded to the entrant who submitted the next highest rated Entry, as determined by Amazon in its sole discretion. If, having attempted to contact a Finalist and a substitute Finalist, Amazon is unable to award a Finalist Prize, Amazon reserves the right to consider such Finalist Prize unclaimed.
• Final Round. During the final round of judging each Finalist’s Book will be rated by a panel of qualified judges selected by Amazon ("Final Round Panel") using the following criteria (i) originality of Book content; (ii) creativity of Book content; and (iii) quality of writing (collectively, the “Judging Criteria”). One Grand Prize-winning Book ("Grand Prize Winner") will be selected by the Final Round Panel based on the Judging Criteria. In the event of a tie, the tie will be broken by the tied Books being rated based solely on originality of Book content, as determined by the Final Round Panel in its sole discretion. The Grand Prize Winner will be announced by Amazon in Q4 2022 and the winning Book will be added to the Storyteller page. All decisions of Amazon and the Final Round Panel are final and binding, and no correspondence will be entered into. Non-winners will not be notified. The surnames of the Finalists and Grand Prize Winner and their county of residence will be provided on receipt of a written request sent to KDPStorytellercompetitionUK@amazon.co.uk within 30 days of the award of the applicable prize.
• Each Finalist and the Grand Prize Winner will be required to sign and return an Eligibility Affidavit, Liability and Publicity Release and other such forms as requested by Amazon. Prior to awarding a prize, Amazon may, in its sole discretion, require the potential Finalist and Grand Prize Winner to sign additional documents Amazon decides are necessary to confirm eligibility, to obtain a liability/publicity release, and to award any prize. Failure to return any required document by the date requested by Amazon will deem the winner as ineligible to receive the prize. If any documentation is not returned by the specified dates or if a potential Finalist or Grand Prize Winner is deemed ineligible prior to the prize being awarded, Amazon may, in its sole discretion, award the prize to the entrant receiving the next highest score.
• Each Finalist will receive a Kindle Oasis E-reader - Graphite, Waterproof, 7" High-Resolution Display (300 ppi), Built-In Audible, 32 GB, Free 3G + Wi-Fi (each a “Finalist Prize”). In the event the Book selected as a Finalist has two co-authors, only one Finalist Prize will be provided.
• One Grand Prize Winner will receive the following Grand Prize package (collectively, the “Grand Prize”):
○ £20,000 cash or cheque award to be direct deposited or electronically wired to the Grand Prize winner’s account (provided such details are provided by the Grand Prize Winner on request by Amazon); and
○ A book launch merchandising package on Amazon.co.uk for the launch of the Grand Prize Winner Book, exact details of which will be determined by Amazon in its sole discretion.
• Limit one prize per person. In the event the Book selected for a Grand Prize Winner package has two co-authors, only one Grand Prize Winner package will be provided. It will be shared equally between the two co-authors.
• Each Finalist and Grand Prize Winner will be responsible for paying all costs and expenses related to the applicable prize(s) that are not specifically mentioned, including, but not limited to, taxes, and any other expenses that might reasonably be incurred by the Finalist and Grand Prize Winner in receiving or using the prize. Each Finalist and Grand Prize Winner may be required to submit to Amazon such tax filing information required by Amazon in order to claim the prize. All prizes awarded will be inclusive of any taxes Amazon is required by law to withhold as well as applicable sales, use, gross receipts, goods and service, or similar transaction-based taxes, as determined by Amazon in its sole discretion at the time such prizes are awarded. All other taxes, costs and expenses associated with acceptance and use of any prize not specified in these Terms & Conditions as being provided are the sole responsibility of the Finalists and Grand Prize Winner. IF TAXES ARE APPLICABLE TO THE PRIZES, IT IS THE RESPONSIBILITY OF THE FINALISTS AND GRAND PRIZE WINNER TO PAY TO THE APPROPRIATE AUTHORITIES. PAYMENTS TO THE FINALISTS AND GRAND PRIZE WINNER ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THE FINALISTS AND GRAND PRIZE WINNER SUBMIT TO AMAZON ALL DOCUMENTATION REQUESTED BY AMAZON TO PERMIT COMPLIANCE WITH ALL APPLICABLE TAX REPORTING AND WITHHOLDING REQUIREMENTS. The Finalists and Grand Prize Winner are responsible for ensuring that the tax documentation submitted to Amazon complies with all applicable tax laws and requirements. If a Finalist or Grand Prize Winner fails to provide the documentation or submits incomplete documentation, the applicable prize may be forfeited and Amazon may, in its sole discretion, select an alternate winner.
• Prizes are not transferable, and no substitutions (including cash) will be given. However, Amazon reserves the right to substitute any prize (or portion thereof) for a reasonably equivalent item of comparable or greater value, in its sole discretion. All prizes will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) except where prohibited by law.
GRANT OF RIGHTS
• By entering in the Competition, entrants grant Amazon permission to use their names, biographical information, Entries, images and/or likenesses in any manner and in any medium for any purpose in connection with the Competition, including worldwide, without additional compensation, except where prohibited by law.
• By submitting your Book in this Competition, you agree that if you are selected as a Finalist you grant to Amazon the exclusive first worldwide publication rights in all formats of your Book, in all languages, for a period of 30 days after you receive the notification from Amazon that you are a Finalist. During that 30-day period, you agree to negotiate in good faith the terms and conditions of a publishing agreement exclusively with Amazon. If you and Amazon have not reached agreement after 30 days, you will not have any further obligation to Amazon or its affiliates under this section.
• If you are not selected as a Finalist and Amazon notifies you before you are eliminated from the Competition that it wishes to publish your Book, you agree to negotiate in good faith the terms and conditions of a publishing agreement exclusively with Amazon for a period of 30 days after you receive notification from Amazon. If you and Amazon have not reached agreement after 30 days, you may offer the Book to other publishers on the condition that before you enter into an agreement with another publisher, you will afford Amazon the last right to publish your Book on the same terms and conditions offered by any other publisher, plus an advance against royalties 10% greater than the other offer. Amazon must communicate its decision to you within five business days after you have provided written notice of the other publisher's terms and conditions. If Amazon declines or fails to act within that period, you will not have any further obligation to Amazon, and you may publish the Book with another publisher.
• If you are not selected as a Finalist and Amazon does not notify you before you are eliminated that it wishes to publish your Book, Amazon's exclusive first publication rights to your Book terminate when you are eliminated from the Competition.
• All Entries, along with the entrant’s name may be posted on any website operated by Amazon or any of its affiliates, Amazon’s social media accounts such as Facebook, Twitter or Instagram, and any other website or other online point of presence on any platform, through which any products or services available on or through the Amazon Site are described, syndicated, offered, merchandised or advertised, in Amazon’s sole discretion (“Amazon Site”). Amazon’s decision to post an Entry or any portion of an Entry on any Amazon Site does not mean that the selected Entry has been selected as a Finalist.
• By submitting an Entry, you grant Amazon and agents permission to use, without charge, portions of your Entry, along with your name and stated reason for writing the submitted Book (if provided) for any purpose in connection with the Competition. You also grant Amazon the right to edit the formatting and display of your Entry, and to create literary or any other types of effects in respect to your Book without compensation or approval. To the extent that any moral rights (for example, the right to attribution and the right to integrity) apply, you waive (and to the extent that these rights may not be waived, agree irrevocably not to assert) your moral rights in your Entry for the purposes of this Competition, including, without limitation, our use of excerpts from your Book in connection with this Competition.
• Within the limits imposed by law, Amazon reserves the right, in its sole discretion, to change these Terms & Conditions or cancel the Competition at any time, or to modify, terminate, or suspend the Competition should viruses, worms, bugs, unauthorised human intervention, or other causes beyond Amazon’s control corrupt or impair the administration, security, fairness, or proper play of the Competition or submission of Entries, or in the event Amazon does not receive a minimum of 500 qualified Entries from separate eligible entrants.
• Amazon is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorised access to, or alteration of, Entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any Amazon website.
• Amazon is not responsible for injury or damage to any entrant's or any other person's computer resulting from downloading any materials in connection with the Competition.
• Amazon reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process, the outcome of the Competition, or the operation of the Competition or any Amazon Site; to be acting in violation of these Terms & Conditions; or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person or entrant. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY AMAZON WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, AMAZON AND ITS AFFILIATES RESERVE THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Any failure to enforce any of these terms shall not constitute a waiver.
• By entering, entrants agree to be bound by these Terms & Conditions. Competition is governed by the laws of the Grand-Duchy of Luxembourg. As a condition of entering in this Competition, entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Competition, shall be resolved individually, without resort to any form of class action, and submit to the non-exclusive jurisdiction and venue of the courts of the district of Luxembourg City with respect to any claim, action or proceeding arising out of this Agreement and waive all objections to jurisdiction and venue of such courts. Further, in any such dispute, under no circumstances will entrants be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental or consequential damages, including legal fees, other than entrant’s actual out-of-pocket expenses (e.g. costs associated with entering), and entrant further waives all rights to have damages multiplied or increased. Entrants agree that the decisions of Amazon and the judges related to the Competition are final.
WAIVER OF LIABILITY
• Amazon will not be responsible or liable for: (i) any failure to receive entries due to transmission failures or other conditions beyond their reasonable control; (ii) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (iii) any disruptions, injuries, losses or damages caused by events beyond their reasonable control; or (iv) any printing or typographical errors in any materials associated with the Competition.
• Amazon accepts no liability in relation to an entrant's participation (or inability to participate) in the Competition, including any use made by any of the Finalists or Grand Prize Winner of (or inability to use) their respective prizes, to the maximum extent permitted by law. Without prejudice to that general exclusion, and insofar as is permitted by law, by entering the Competition entrants release Amazon, any person or any entity involved in any aspect of the Competition (including funding, judging or administration), and each of their respective parents, subsidiaries, affiliates, advisors, contractors, and advertising/promotion agencies, from any liability whatsoever for any claims, injuries, losses, or damages of any kind arising out of or in connection with the Competition or with the acceptance, possession, or use of any prize, except as prohibited by law or where it is caused by the negligence of those parties. Amazon will not be liable for any loss of income, profits, sales or damage to reputation, incurred by any entrant. Your statutory rights are not affected. Amazon does not exclude or limit its liability for personal injury or death caused by its negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded.
• The Competition and all accompanying materials are copyright protected by Amazon.com, Inc. and its affiliates. All rights reserved.