Game rules for the online contest “Sketch”
On the blog Fiskarettes (http://www.fiskarettes.co.uk)
PREAMBLE
The Weblog Fiskarettes, hereafter the Blog, accessible via http://www.fiskarettes.co.uk/ and http://www.fiskarettes.com/ belongs to the company Fiskars UK, hereafter referred to as Fiskars, registered in the commercial register under the number 2452030, having its headquarters at Newlands Avenue, Bridgend, Mid Glamorgan, CF31 2XA.
The company Fiskars organises an online Competition called ‘Sketch Competition’ on its blog. Hereinafter, this contest is referred to as the Online Competition and can be contacted as such at the e-mail address contact@fiskarettes.co.uk. The contest will take place from 24th February 2010 until 12th April 2010 inclusive, 11.59 PM (GMT+1). The aim of the competition is to make a project using the sketch!
It is noted that the utilization of the Blog by the Internet user is governed by the Terms of Use, available on the Blog. In case of contradiction, the provisions set forth into the Rules shall prevail over those into the Terms of Use. Important note: Every person shall have read, understood and accepted the Rules and the Terms of Use of the Blog, in their entirety, before accessing the Online Competition, and registering to take part in it. Any person, having registered for the Online Competition, is deemed to have read, understood and accepted without reserve the Rules in their entirety, and the other above mentioned policies.
Although the whole document shall be published and accessible by any Internet user within the game period, all users shall make a back-up copy and/or print the Rules and the other policies so as to be able to refer to them, if necessary.
ARTICLE 1: ACCESS CONDITIONS
1.1. Participation in the Online Competition is open to all people who fulfill the following cumulative requirements:
(i) Reached the age of majority of a natural person
(ii) Having Internet access and a valid personal email address,
(iii) Registered as a member on the Blog
(iv) Accessing the Blog between 24th February 2010 until 12th April 2010 inclusive, 11.59 PM (GMT +1)
The person meeting all the above mentioned requirements and wishing to participate will be hereafter referred to as a Participant.
Fiskars shall verify the fulfilment of the above mentioned requirements, within the means it has at its disposal. If one of the requirements has not been fulfilled, Fiskars will not validate 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 access to the following equipment:
- 1 personal computer with at least the following: 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 TM 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. However, 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 TM are trademarks or registered marks of Macromedia, Inc. in the United States and/or other countries).
1.2. The participation in the Online Competition is limited to one valid membership per Participant
1.3. All corporate officers and employees of Fiskars and all companies controlled by, controlled with, or controlling Fiskars and all persons who may have collaborated or are collaborating in the organization of the Online Competition are prohibited from entering the Online Competition
ARTICLE 2: PARTICIPATION
2.1. The Online Competition is open to any person who has fulfilled the requirements set forth in 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:
- Entered the Blog, read understood and accepted the Rules, notably the article about personal data, and the terms of use accessible on the Blog.
- Registered if necessary as a member of the Blog, by filling in the relevant forms accessible on the Blog, and disclosed all the required information truthfully and accurately, notably his/her full name, e-mail address.
- Confirmed registration as a member of the Blog by activating the account through the confirmation e-mail that was sent by Fiskars.
- Logged-in as a member on the Blog between 24th February 2010 until 12th April 2010 inclusive, 11.59 PM (GMT +1)
- The member will then have to post a photo of his/her creation on the Blog between 24th February 2010 until 12th April 2010 inclusive, 11.59 PM (GMT +1) in order to allow Internet users to vote for their creation.
- The entry should be an original piece, i.e. made especially for this contest. It can also be posted on the artist’s personal blog.
- One entry 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 associating with a valid email address.
2.2. Participation in the Online Competition shall take place exclusively electronically on the Blog. The aim of the contest is to select the one closest creations to the Stamping and Inking theme. Any participation in the online competition by post mail or in any other form other than the registration form proposed by the Organizer shall be excluded from the competition.
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 the Rules and Conditions of Use are being respected.
Consequently, incomplete or falsified registration forms, or registration forms including mistakes, will not be accepted and the Participant author will be deprived the right to obtain any winning prizes.
ARTICLE 3: DETERMINING THE WINNERS - AWARDING OF PRIZES
The following prizes will be awarded to the winners
3.1. Prizes
The winners of the Online Competition will win the followings prizes
1st Prize :
Magazine subscription
3.2. The aim of the Online Competition is to select the one closest creation to the Sketch theme.
Between the 13th April 2010 and the 26th April 2010 the hearts awarded by the Web users will be counted. A ranking of the seven creations using the Stamping and Inking theme will be established.
Between the 27th April 2010 and the 29th April 2010 , the Fiskars game committee will determine the winner of the competition, based on the seven creations chosen by the Web users. The winners will be awarded the above mentioned prizes. The committee will base its decision on the following information:
- the number of received votes
- the opinion of the Fiskarettes committee’s members concerning creativity, aesthetics, respect of the topic and the instructions, for each of the creations.
The winners of the Online Competition and his/her creation will be published on the Blog.
The winners will be announced on the blog and by email.
3.3. Announcing the winners / Awarding the prizes
Fiskars will inform the winners by email a maximum of fifteen days after the Fiskars committee has made its decision. The announcement mail will include another form that the winner will have to fill-out in order for Fiskars to send him/her the prize. The winners must return the form by email within fifteen days of receiving the announcement email.
Without any answer from the winners within the deadline, Fiskars will give the prize to the runner-up, following the same procedure.
The name of the winners will be published on the Blog on 30th April 2010. Fiskars reserves the right to postpone this date if necessary.
The Participant is aware that no awarded 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 experienced during the delivery of the prize, resulting from a mistake or loss of shipment.
The participants can not ask for indemnity in case of cancellation or loss of prize.
ARTICLE 4: AUTHOR RIGHTS
By participating in the Online Competition, the Participants expressly authorize, without compensation, 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 allows Fiskars to duplicate and use the image of the entry for one year within the European Union territory. If necessary, the winner accepts to repeat this agreement in writing and for free, if so requested to by Fiskars.
The participants expressly allow Fiskars to publish their entries notably for communication purposes of the organization and announcing the results of the Online Competition. In this context, the second article of the Terms and Conditions is enforced.
The individual winners expressly authorize, without compensation, the use and distribution of reproductions of their entries by the Organizer of the individual winners’ voices and images and any creation made by the winners in the course of the Online Competition, in whatever media, e.g. written, audiovisual and numeric document and by any form of communication for one (1) year and worldwide.
ARTICLE 5: MODIFICATION OF THE ONLINE COMPETITION
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.
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 participating in the Online Competition, which is expressly accepted by Participants.
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.
Each participant accepts that Fiskars could stop the Online Competition at any time if Fiskars notices important abuses relating to the Rules, Conditions of Use and infringement of third parties rights.
Fiskars will communicate the cessation of the Online Competition by publishing on the website and/or sending emails 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 participant (including deriving from the use of browsers other than those described in article 1 herein, or the use of the Macromedia ® Flash TM 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 Blog or the impossibility to access it;
(iii) the use or the impossibility to use the Blog, including all deterioration or virus that may infect the participant’s and/or the Fiskars’ computer equipment or any other good; or;
(iv) the integrity and veracity of the data transmitted by the participant 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 Blog and participation in the Online Competition is the risk of the Participant.
Fiskars may not be held responsible for any delay, misdirection, or loss during the delivery of mail. 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 lifetime of enjoyment of 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 awarded or to the safe use of prizes offered (in normal use) should they not be Fiskars’ own products. Any claim regarding this subject should be addressed to the manufacturer.
ARTICLE 7: PARTICIPATION FEES
The “Sketch” online competition is free, no purchase necessary.
Participants 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 a dispute or claim 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 the designation of the winners.
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 the provisions in the 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 Blog 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 Blog. 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 above, 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.
Realisation: Fiskars
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