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Nov 08- 'O Christmas Tree' Decoration competition
Game rules for theonline contest “O Christmas Tree”
on the websiteFiskarscraft (http://www.fiskarscraft.co.uk/)
PREAMBLE
The online game accessible via http://www.fiskarscraft.co.uk/ belongs tothe company Fiskars UK, hereafterreferred to as Fiskars registered in the commercial under the number 2452030, having its headquarters at NewlandsAvenue Bridgend Mid Glamorgan CF31 2XA
Thecompany Fiskars organises on the Website http://www.fiskarscraft.co.uk/ an online competition named“competition O Christmas Tree” hereinafter referredto as the Online Competition. The Contest will be accessible online from the 06November to 30 November 2008, 11.59 PM (GMT) and its goal is to select the mostbeautiful handmade Christmas tree decoration.
The rules, underwhich the Online Competition is set up hereafter the Rules, shall be completedand/or amended within the Game Period if necessary; any further dispositioncoming into force as soon as published on the website where the game is hostedby Fiskars.
It is noted that theutilization of the website by the internet user is governed by the Terms ofUse, available on the website. In case of contradiction, the dispositions setforth 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 toall people which fulfil the following cumulative requirements:
(i) Over age naturalperson
(ii) Having aninternet access and a valid personal email address,
(iii) Accessing the website between the 05November to 30 November 2008, 11.59 PM (GMT +1)
The person meetingthe all above mentioned requirement and wishing to participate will behereafter referred to as the Participant.
Fiskars shall verifythe fulfilment of the above mentioned requirements, in the limit of the meansat its disposal. If one of the requirements has not been fulfilled, Fiskarswill not valid the registration of the Gamer.
Please note thataccording to the technical constraints supported by Fiskars, access to andparticipation in the Online Competition shall likewise recommend the disposalof the following equipment:
- 1personal computer with the following set up at least: a 1300 Mhz processor, 256M RAM, Windows 2000 or XP operating system for PCs, and access to internet.
- 1 webnavigation software (IE 6 or higher).
- Accessto the Promotional game also implies the presence of Macromédia ® Flash ™plug-in version 8.0 or higher in the user’s browser. Should the Participant notpossess such plug-in and not wish to download it, they shall not get access tothe Promotional game, it being specified that this plug-in may nevertheless bedownloaded free of charge from the Macromédia website to which access may begained via a direct link to the Site. (Macromédia ® and Flash ™ are trademarksor registered marks by Macromedia, Inc. in the
1.2. The Online Competition is forbidden for corporateofficers and employees of Fiskars and all companies controlled by, controlledwith, or controlling Fiskars and all persons who may have collaborated or becollaborating in the organization of the Online Competition
ARTICLE 2: PARTICIPATION
2.1. The Online Competition is open to any person who hasfulfilled the requirements set forth into article 1.1, excluding any employeeof Fiskars and their family, and in general any person who may havecollaborated or is collaborating in the organization of the online competition.
In order toparticipate in the Online Competition, the Participant shall have satisfied orshall satisfy, if necessary, the following terms of participation:
- Go to the websitewww.fiskarscraft.co.uk
- You have to create an account byclicking on “my craft space” (at the top horizontal menu) and put data: Login /Password / Confirmation / Secret question / Answer/ Email address/ Validate
- Go onthe website, read understand and accept the Rules, notably the article aboutpersonal data, and the terms of use accessible on the website.
- The member will then have to post hisor her Christmas tree ornament on thewebsite, between the 05 November to 30 November 2008 11.59 PM (GM+1) and waitfor the internet users to vote for their favourite ornament.
- Thecreation must have a Christmas tree theme. Participants are invited to createthe most beautiful handmade Christmas tree ornament. Participants must upload apicture of their creation on the website.
- Thecreation must be photographed and the photo must be integrated as a project inthe member gallery.
- Limitof one submission per participant.
The Participantundertakes to disclose correct and accurate data. Fiskars shall releases itsresponsibility relating to the participation of a Participant using false nameand address associating with a valid email address.
2.2. Participationin the Online Competition shall take place exclusively by electronic means onthe site, the aim being to select the most beautiful handmade Christmas treeornament.
. Any participationin the online competition by post mail or in any other form than theregistration form proposed by the Organizer is excluded.
2.3. Participation in the Online Competition shall be validonly if the forms mentioned here above have been fulfilled truthfully andaccurately. Fiskars shall proceed with verification of the registration requestto make sure of the respect of the Rules and Conditions of Use.
Consequently, theincomplete or falsified registration form, or registration form includingmistakes, will not be accepted and the Participant author of this type ofregistration form will be deprived of the right to obtain any winning prizeswhatsoever.
ARTICLE 3: DETERMINING THE WINNERS – ALLOTMENT OF PRIZES
The following prizeswill be allotted to the winner, determined according to the followingdispositions
3.1. Prizes
Thewinner of the Online Competition will win the followings prizes (worth about€66 = 53 GBP):
- Christmasthemed stencil (1362)
- Christmasthemed Pop Up Set 1 (0291)
- Christmasthemed Pop Up Set 2 (0294)
- Christmasthemed Teeny Tiny Set (0290)
- Eyelet Setters 3-PieceSet (3133)
- 200Christmas themed eyelets (4414)
- Eyeletcutting mat (8604)
3.2. Determination of the winner
The aim of theOnline Competition is to select the most beautiful handmade Christmas treeornament.
Participants will beable to upload their creations from 06 November to 30 November 2008 11.59 PM(GM+1). An online voting period will take place from 1 December until 10December 2008 11.59 PM (GM+1).
The winners of theOnline Competition will be chosen by a jury composed of Reina Mistry. Thewinner will be chosen within the 5 days following the online voting period,starting from 11 December, 2008. The jury will especially consider project creativityand relevance with regard to the contest theme. The theme of this contest is aChristmas tree decoration.
3.3. Information of the winners
Fiskars will informthe winners by email maximum 15 days after Fiskars comity has taken a decision.The information mail will include another form that the winners will have tofulfil to enable Fiskars to send him the prize. The winners must send back theform by email 15 days after they received the information mail.
Without any answerfrom the winners within the deadline, Fiskars will give the prize to the sixthmost beautiful following the same procedure.
3.4. The Participants are aware that no prize allottedwill be exchanged with money or any other prize.
Fiskars reserve theright to exchange the prize for another one of equal value is necessary.
Fiskars shall not beliable for any problem in the prize delivery, resulting from a mistake or aloss in the sending.
The participants cannotask for indemnity in case of cancelation or loss of the prize.
ARTICLE 4: AUTHOR RIGHTS
By participating inthe Online Competition the Participants expressly authorize, withoutcompensation, the recording of their voice, image, on the demand of Fiskars,for its own promotion and the promotion of any other company of its group,their activity and services. The winners allow Fiskars to duplicate and use ofthe image of the showpiece for one year within European Union territory. Ifnecessary, the winners accept to repeat this agreement in writing and for freeon demand from Fiskars.
The participantsexpressly allow Fiskars to publish their showpieces notably for communicationpurpose on the organization and the results of the Online Competition. In thiscontext the second article of the Terms and Conditions is enforced.
The five individualwinners expressly authorizes, without compensation, the reproductionutilization and diffusion by the Organizer, for three (3) years and worldwideof their voice and image and any creation made by the winner in the course ofthe Online Competition, on whatever support, e.g. written, audiovisual andnumeric document and by any communication way.
ARTICLE 5: MODIFICATION OF THE ONLINE COMPETITION
5.1. Fiskars reservesthe right to shorten, extend, modify or cancel the Online Competition in theevent of a force majeure rendering it impossible to carry out the OnlineCompetition in accordance with the provisions of the Rules and, notably, in theevent of a malfunction of the Internet network (due to a virus or not) or anyother problem linked to the network, means, and services of(tele)communications, computers (on line or not), servers, Internet accessand/or hosting providers, computer equipment or software, databases and data.
5.2. In the eventthat such cancellation, modification, extension or reduction of the duration ofthe Online Competition shall occur, Fiskars undertakes to notify Participantsby 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 ofthe Online Competition.
Acceptance ofpossible new conditions of the Rules shall be previously confirmed by eachParticipant, by sending an e-mail, failure to do so resulting in exclusion fromparticipating in the Online Competition, which is expressly accepted byParticipants.
5.3. In the event ofmodification of the conditions of the Online Competition, of cancellation,interruption or reduction in the duration of the Online Competition, Fiskarsshall not be liable and Participants accept that they shall not expect toreceive any damages.
5.4. Each gameraccepts that Fiskars could stop the Online Competition at any time when theFiskars shall notice important abuses relating to the Rules, Conditions of Useand infringement of third parties rights.
Fiskars willcommunicate the cessation of the Online Competition by publishing on thewebsite and/or sending email to Participants, with justification if necessary.
ARTICLE 6: LIMITATION OF LIABILITY
Fiskars shall not beliable for any damages, whether direct or indirect, whichever their cause,origin, nature or consequences even when it may have been advised of thepossibility of such damages, brought about by:
(i) amalfunction of the Internet network or computer equipment (material and/orsoftware and/or databases and/or data) of a gamer (including deriving from theuse of browsers other than those described in article 1 herein, or the use ofthe Macromédia ® Flash ™ plug-in required for the needs of the onlinecompetition) or any person or company linked to the organization of the OnlineCompetition or, more generally, any other problem linked to the network,(tele)communications means and services, computers (on line or not), servers,Internet access and/or hosting providers, computer equipment or software,databases and data pertaining to whoever ;
(ii) Accessby whomever to the website or the impossibility to access it;
(iii) theuse or the impossibility to use the website, including all deterioration orvirus that may infect the gamer and/or the Fiskars’ computer equipment or anyother good. Fiskars will do the best to enable users to access to the onlinegame during the mentioned period, but without any obligation of results.Fiskars could interrupt at any time the online game access, for technicalreasons, updates, or maintenance.
(iv) theintegrity and veracity of the data transmitted by the gamer to Fiskars, whohasn’t any means to consider them as violating the Rules, Conditions of Use andRights of third parties.
(v)Fiskars will implement the means at its disposal to ensure that the prizes willbe sent in suitable conditions. However, it disclaims any liability regardingany possible damage that may arise from the prizes expedition.
It is theresponsibility of any Participant to take all appropriate measures to protectdata stored on your own computer. The connection to the website andparticipation in the Online Competition is the risk of the Participant.
Fiskars may not beheld responsible for any delay in the delivery of mail, or being misdirected orlost it during his expedition. Participants may not claim any compensation orconsideration whatsoever for cancellations or loss.
Fiskars disclaimsany responsibility for any incident or accident that might occur during thelifetime of enjoyment of lots allocated and / or because of their use.
Fiskars will not beheld responsible for manufacturing defects, failure or other malfunction,compliance with the standards of the lots which they may be submitted or thesafe use of lots offered (in normal use) would not be its own products. Anyclaim to this subject should be addressed to the manufacturer.
ARTICLE 7: PARTICIPATION FEES
The onlinecompetition “O Christmas Tree” is free, with no purchase necessary.
Gamersmay not demand reimbursement for their participation in the online competition,observing that in the current state of service and technology supplies, someInternet providers offer free connection or flat rate connection to internetusers.
ARTICLE 8: DISPUTE
In the event ofdispute or claims regarding the Online Competition for any reason whatsoever,claims shall be addressed in writing to the attention of Fiskars within thecourse of the Online Competition and within thirty (30) days after designationof the winner.
In the event ofdispute or claims regarding the allotted prizes, claims shall be addressed in writing by post orelectronic mail to the attention of Fiskars within seven (7) days after receipt ofconfirmation of the prize, with reservations of dispositions in the article3.4.
Each Participantundertakes, in the event of any difficulty that may arise with regard to theapplication or the interpretation of the Rules, to reach a friendly agreementwith Fiskars prior to taking any legal action against the latter.
The Rules areestablished under the
ARTICLE 9: PERSONAL DATA
Every Participantmust 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 tobecome a member, which is ruled by the Terms of Use of the website. The thirdarticle of the Terms of Use is enforced on this topic.
ARTICLE 10: ELECTRONIC PROOF CONVENTION
Fiskarsmay, notably for the purposes of proof of any act, fact or omission, make useof programs, data, files, recordings, operations and other elements of acomputerized or electronic nature, format or medium, established, received orstored directly or indirectly by Fiskars or by the Participants, barring abuseor manifest error. Participants undertake not to contest the admissibility, thevalidity or the evidential value of the elements aforementioned of acomputerized or electronic nature or medium, on the basis of any legalprovision of any kind and which may specify that certain documents must bewritten or signed by the parties in order to constitute proof. Thereby,considered elements constitute proof and, if produced as means of proof byFiskars in any contentious procedure or other, they are acceptable, valid andopposable between the parties in the same way, in the same conditions and withthe same evidential value as any document which may be established, received orstored in writing.
ARTICLE 11: DEPOSIT OF THE RULES
The Rules aredeposited with the registered office of Fiskars and are available on thewebsite at www.fiskarettes.co.uk A copy of the Rules of the Online Competitionmay be obtained free of charge by writing to Fiskars at the address mentioned inthe preamble within the limit of one (1) set of Rules per Participant (secondclass stamp reimbursed when legally applicable upon request).
The request shallmention the title of the Online Competition as well as the surname, first nameand address of the person requesting the rules.
Realization: Fiskars
