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PREAMBLEThe online game accessible via http://www.fiskarscraft.co.uk/ belongs to the company Fiskars UK, hereafter referred to as Fiskars registered in the commercial registry under the number 2452030, having its headquarters at Newlands Avenue Bridgend Mid Glamorgan CF31 2XA
The company Fiskars organises an online competition on the http://www.fiskarscraft.co.uk/ Website. The competition is called “Valentine’s Card,” hereinafter referred to as the Online Competition. The Contest will be accessible online from the 02 January to 30 January 2009, 11.59 PM (GMT) and its goal is to select the most beautiful handmade Valentine’s Day card.
The rules, under which the Online Competition is set up, hereafter called the Rules, shall be completed and/or amended within the Game Period, if necessary; any further provision will come into force as soon as it is published on the website where the game is hosted by Fiskars.
It is noted that the utilization of the website by the Internet user is governed by the Terms of Use, available on the website. In case of contradiction, the dispositions set forth into the Rules shall prevail over these into the Terms of Use.
ARTICLE 1: ACCESS CONDITIONS
1.1. Participation in the Online Competition is open to all people who fulfil the following cumulative requirements:
(i) Over age natural person
(ii) Having an internet access and a valid personal email address,
(iii) Accessing the website between the 02 January to 30 January 2009, 11.59 PM (GMT +1)
The person meeting all the above mentioned requirements and wishing to participate will be hereafter referred to as the Participant.
Fiskars shall verify the fulfilment of the above mentioned requirements, in the limit of the means at its disposal. If one of the requirements has not been fulfilled, Fiskars will not confirm the registration of the participant.
Please note that according to the technical constraints supported by Fiskars, access to and participation in the Online Competition shall likewise recommend the disposal of the following equipment:
- 1 personal computer with the following set up at least: a 1300 Mhz processor, 256 M RAM, Windows 2000 or XP operating system for PCs, and access to internet.
- 1 web navigation software (IE 6 or higher).
- Access to the Promotional game also implies the presence of Macromedia ® Flash ™ plug-in version 8.0 or higher in the user’s browser. Should the Participant not possess such plug-in and not wish to download it, they shall not get access to the Promotional game, it being specified that this plug-in may nevertheless be downloaded free of charge from the Macromedia website to which access may be gained via a direct link to the Site. (Macromedia ® and Flash ™ are trademarks or registered marks by Macromedia, Inc. in the United States and/or another country).
1.2. The Online Competition is forbidden for corporate officers and employees of Fiskars and all companies controlled by, controlled with, or controlling Fiskars and all persons who may have collaborated or be collaborating in the organization of the Online Competition.
ARTICLE 2: PARTICIPATION
2.1. The Online Competition is open to any person who has fulfilled the requirements set forth into article 1.1, excluding any employee of Fiskars and their family, and in general any person who may have collaborated or is collaborating in the organization of the online competition.
In order to participate in the Online Competition, the Participant shall have satisfied or shall satisfy, if necessary, the following terms of participation:
- Go to the website www.fiskarscraft.co.uk
- You have to create an account by clicking on “My craft space” (at the top horizontal menu) and put data: Login / Password / Confirmation / Secret question / Answer/ Email address/ Validate
- Go on the website, read understand and accept the Rules, notably the article about personal data, and the terms of use accessible on the website.
- The member will then have to post his or her Valentine’s Day card on the website, between the 02 January to 30 January 2009, 11.59 PM (GM+1) and wait for the internet users to vote for their favourite ornament.
- The creation must be a Valentine’s card. Participants are invited to create the most beautiful handmade Valentine’s Day card. Participants must upload a picture of their creation on the website.
- The creation must be photographed and the photo must be integrated as a project in the member gallery.
- Limit of one submission per participant.
The Participant undertakes to disclose correct and accurate data. Fiskars shall release its responsibility relating to the participation of a Participant using a false name and address associated with a valid email address.
2.2. Participation in the Online Competition shall take place exclusively by electronic means on the site, the aim being to select the most beautiful handmade Valentine’s Day card.
. Any participation in the online competition by post mail or in any other form than the registration form proposed by the Organizer is excluded.
2.3. Participation in the Online Competition shall be valid only if the forms mentioned here above have been fulfilled truthfully and accurately. Fiskars shall proceed with verification of the registration request to make sure of the respect of the Rules and Conditions of Use.
Consequently, the incomplete or falsified registration form, or registration form including mistakes, will not be accepted and the Participant author of this type of registration form will be deprived the right to obtain any winning prizes whatsoever.
ARTICLE 3: DETERMINING THE WINNERS – ALLOTMENT OF PRIZES
The following prizes will be allotted to the winner, determined according to the following dispositions
3.1. Prizes
The winner of the Online Competition will win the followings prizes (worth approx £50):
-4413 Love Eyelets
-4412 Baby Eyelets
-292340 Hearts Border Punch
-297419 Heart Squeeze Punch
-4161 Cloud 9 Party Embellishment and Paper Set
-4157 Heidi Grace Party Embellishment and Paper Set
3.2. Determination of the winner
The aim of the Online Competition is to select the most beautiful handmade Valentine’s Day card.
Participants will be able to upload their creations from 02 January to 30 January 2009 11.59 PM (GM+1).
The winners of the Online Competition will be chosen by a jury composed of Reena Mistry and employees at the Fiskars headquarters. The winner will be announced online starting the week of 02 February, 2009. The jury will especially consider project creativity and relevance with regard to the contest theme. The theme of this contest is a Valentine’s Day card.
3.3. Information of the winners
Fiskars will inform the winners by email a maximum of 15 days after Fiskars committee has taken a decision. The information e-mail will include another form that the winners will have to fill out in order for Fiskars to send him/her the prizes. The winners must send the form back by e-mail within 15 days after he/she has received the information mail.
Without a response from the winners within the deadline, Fiskars will give the prize to the runner up following the same procedure.
3.4. The Participants are aware that no prize can be exchanged for money or any other prize.
Fiskars reserves the right to exchange the prize for another one of equal value, if necessary.
Fiskars shall not be liable for any problem in the prize delivery, resulting from a mistake or shipment loss.
The participants cannot ask for indemnity in case of cancelation or loss of the prize.
ARTICLE 4: COPYRIGHT RULES
By participating in the Online Competition, the Participants expressly authorize, without compensation, the recording of his/her voice or image, on the demand of Fiskars, for its own promotion and the promotion of any other company in its group, its activity and services. The winners allow Fiskars to duplicate and use the image of the showpiece for one year within the European Union territory. If necessary, the winners accept to repeat this agreement in writing and for free on demand from Fiskars.
The participants expressly allow Fiskars to publish their showpieces notably for communication purpose on the organization and the results of the Online Competition. In this context, the second article of the Terms and Conditions is enforced.
The winner expressly authorizes, without compensation, the reproduction, useand diffusion of their voice and image and any creation made by the winner in the course of the Online Competition by the Organizer, for three (3) years and worldwide, on whatever media, e.g. written, audiovisual and numeric document and by any communication means.
ARTICLE 5: MODIFICATION OF THE ONLINE COMPETITION
5.1. Fiskars reserves the right to shorten, extend, modify or cancel the Online Competition in the event of a force majeure rendering it impossible to carry out the Online Competition in accordance with the provisions of the Rules and, notably, in the event of a malfunction of the Internet network (due to a virus or not) or any other problem linked to the network, means, and services of (tele)communications, computers (online or not), servers, Internet access and/or hosting providers, computer equipment or software, databases and data.
5.2. In the event that such cancellation, modification, extension or reduction of the duration of the Online Competition shall occur, Fiskars undertakes to notify Participants by e-mail and/or by publication on the Blog (at its choice) and, if necessary, inform them as to the new rules applicable or the new date of termination of the Online Competition.
Acceptance of possible new conditions of the Rules shall be previously confirmed by each Participant, by sending an e-mail, failure to do so will result in being excluded from participation in the Online Competition, which is expressly accepted by Participants.
5.3. In the event of modification of the conditions of the Online Competition, of cancellation, interruption or reduction in the duration of the Online Competition, Fiskars shall not be liable and Participants accept that they shall not expect to receive any damages.
5.4. Each participant accepts that Fiskars could stop the Online Competition at any time when Fiskars shall notice important abuses relating to the Rules, Conditions of Use and infringement of third party rights.
Fiskars will communicate the cessation of the Online Competition by publishing on the website and/or sending email to Participants, with justification if necessary.
ARTICLE 6: LIMITATION OF LIABILITY
Fiskars shall not be liable for any damages, whether direct or indirect, whichever their cause, origin, nature or consequences even when it may have been advised of the possibility of such damages, brought about by:
(i) a malfunction of the Internet network or computer equipment (material and/or software and/or databases and/or data) of a gamer (including deriving from the use of browsers other than those described in article 1 herein, or the use of the Macromedia ® Flash ™ plug-in required for the needs of the online competition) or any person or company linked to the organization of the Online Competition or, more generally, any other problem linked to the network, (tele)communications means and services, computers (online or not), servers, Internet access and/or hosting providers, computer equipment or software, databases and data pertaining to whoever ;
(ii) Access by whomever to the website or the impossibility to access it;
(iii) the use or the impossibility to use the website, including all deterioration or virus that may infect the gamer and/or the Fiskars’ computer equipment or any other good. Fiskars will do the best to enable users access to the online game during the mentioned period, but without any obligation of results. Fiskars could interrupt at any time the online game access, for technical reasons, updates, or maintenance.
(iv) the integrity and veracity of the data transmitted by the gamer to Fiskars, who hasn’t any means to consider them as violating the Rules, Conditions of Use and Rights of third parties.
(v) Fiskars will implement the means at its disposal to ensure that the prizes will be sent in suitable conditions. However, it disclaims any liability regarding any possible damage that may arise from the prizes expedition.
It is the responsibility of any Participant to take all appropriate measures to protect data stored on your own computer. The connection to the website and participation in the Online Competition is the risk of the Participant.
Fiskars may not be held responsible for any delay in the delivery of mail, or being misdirected or lost during his expedition. Participants may not claim any compensation or consideration whatsoever for cancellations or loss.
Fiskars disclaims any responsibility for any incident or accident that might occur during the over the course of time to the prizes allocated and / or because of their use.
Fiskars will not be held responsible for manufacturing defects, failure or other malfunction, compliance with the standards of the prizes which may be submitted or the safe use of prizes offered (in normal use) would not be its own products. Any claim to this subject should be addressed to the manufacturer.
ARTICLE 7: PARTICIPATION FEES
The online competition “Valentine’s Card” is free, with no purchase necessary.
Gamers may not demand reimbursement for their participation in the online competition, observing that in the current state of service and technology supplies, some Internet providers offer free connection or flat rate connection to internet users.
ARTICLE 8: DISPUTE
In the event of dispute or claims regarding the Online Competition for any reason whatsoever, claims shall be addressed in writing to the attention of Fiskars within the course of the Online Competition and within thirty (30) days after designating the winner.
In the event of dispute or claims regarding the allotted prizes, claims shall be addressed in writing by post or electronic mail to the attention of Fiskars within seven (7) days after receipt of confirmation of the prize, with reservations of dispositions in Article 3.4.
Each Participant undertakes, in the event of any difficulty that may arise with regard to the application or the interpretation of the Rules, to reach a friendly agreement with Fiskars prior to taking any legal action against the latter.
The Rules are established under the United Kingdom law.
ARTICLE 9: PERSONAL DATA
Every Participant must be registered as a member of the website to participate. In this context, no personal data is required other than the ones to provide in the form to become a member, which is ruled by the Terms of Use of the website. The third article of the Terms of Use is enforced on this topic.
ARTICLE 10: ELECTRONIC PROOF CONVENTION
Fiskars may, notably for the purposes of proof of any act, fact or omission, make use of programs, data, files, recordings, operations and other elements of a computerized or electronic nature, format or medium, established, received or stored directly or indirectly by Fiskars or by the Participants, barring abuse or manifest error. Participants undertake not to contest the admissibility, the validity or the evidential value of the elements aforementioned of a computerized or electronic nature or medium, on the basis of any legal provision of any kind and which may specify that certain documents must be written or signed by the parties in order to constitute proof. Thereby, considered elements constitute proof and, if produced as means of proof by Fiskars in any contentious procedure or other, they are acceptable, valid and opposable between the parties in the same way, in the same conditions, and with the same evidential value as any document which may be established, received or stored in writing.
ARTICLE 11: DEPOSIT OF THE RULES
The Rules are deposited with the registered office of Fiskars and are available on the website at www.fiskarettes.co.uk. A copy of the Rules of the Online Competition may be obtained free of charge by writing to Fiskars at the address mentioned in the preamble within the limit of one (1) set of Rules per Participant (second class stamp reimbursed when legally applicable upon request).
The request shall mention the title of the Online Competition as well as the surname, first name and address of the person requesting the rules.