"Kipling 3D Wish Card contest"
To enter this Contest, you must agree to and abide by these Official Rules.
OFFICIAL RULES: NO PURCHASE NECESSARY TO ENTER OR WIN.
1. Sponsor/Administrator: VF Europe BVBA (“Kipling” or “Sponsor”), a Belgian corporation with a principal place of business at Fountain Business Park – C. Van Kerckovenstraat 110, 2880 Bornem, Belgium, Trade registered number RPM 0405039.138.
2. Eligibility: Contest is open only to legal residents of Belgium, Germany, the United Kingdom, Spain, the Netherlands, Luxembourg and France, who are at least eighteen (18) years of age or older at the time and who have an active e-mail account and Internet access prior to the beginning of the Contest. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsor, its licensees, Make, BaseDesign, and/or their respective parent, subsidiary, affiliated and successor companies and “immediate family members” and “household members” of such individuals, are not eligible to enter the Contest or win a prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Potential winners may be required to provide proof of legal residency in one of the countries listed above upon request prior to prize award. Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate.
3. Timing: The Contest begins on or about 9:00 am Central European Time (“CET”) on November 21, 2011 and ends 11:59:59 p.m. on December 31, 2011 (“Promotion Period”). Administrator’s computer is the official clock for this Contest. One winner for the complete period of the competition. The Grand Prize Winner will be determined on or about January 2, 2012.
4. How To Enter: Visit http://www.kiplingwishes.com/ (“Site”) to enter the Contest through the Kipling Holiday mini-site.
a) Create your own Kipling 3D Wish card: choose the universe, select your favourite Kipling bag, upload your picture and add your personal message.
b) Click the check box indicating that you have read, fully understand, and agree to the Official Rules;
c) Click the check box indicating that you agree to add your e-card to the 3D Kipling's book of wishes;
d) There is no limit to the number of entries per person or e-mail address during the Promotion Period; however each entry per person or email address must be unique.
e) Complete the online entry form as instructed, including e-mail address;
f) Click the “Enter Contest” button.
Sponsor reserves the right to verify all Entries. If a dispute arises regarding the identity of an entrant, the authorized subscriber of the email account used at the time of entry will be considered the entrant. "Authorized account subscriber" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Any mechanical reproductions or automated Entries are prohibited, and any use of such automated devices will cause disqualification. Please see the Sponsor's privacy policy at http://www.kipling.com for details of our policy regarding the personal information collected in connection with this Contest. By entering this Contest you consent to Sponsor, its promotional agencies and Contest judges storing and using the personal information you submitted with your entry for the purpose of administering the Contest.
Multiple entries in excess of any stated limitations or mass entry attempts by any method will result in disqualification of all entries by such person/email address. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, is prohibited. Entrants who do not follow all instructions, provide the required information in their registration form, or abide by the Official Rules or other instructions of Sponsor may be disqualified. Furthermore, any Entry, which in the sole opinion of Sponsor is deemed to be inappropriate for publication will be disqualified.
5. Contest Entry: By entering you represent and warrant and agree that:
The Photograph is a picture of you, if applicable, or if any person other than yourself is depicted in the Photograph you have received permission from the person(s) depicted in the Photograph ("Third Party Participant"), and that all elements of your Entry submitted by you are original with you and are not copied from any other work and do not infringe upon the rights of any third party and to the extent any elements were created by a third party, you own all right, title and interest to said elements which are part of your Entry to enable you to grant the rights granted herein.
Each Entry may not have been previously published and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. By submitting an Entry, entrant warrants and represents that he/she consents to the submission and use of the Entry as stated herein.
6. Selection of Winners/Contest Voting: The Entry with the highest final point score will be deemed the Grand Prize Winner (this means that the e-card with the highest number of Facebook LIKES wins), subject to verification and compliance with the Official Rules and other instructions of Sponsor set forth herein. In the event of a tie for the selection of the Grand Prize Winner the tied entries will be resubmitted to public voting until one (1) winner is selected.
7. Promotional E-mails: While entering the Contest you may be asked to consent to receive promotional, informational, and/or reminder e-mails from Sponsor. Consenting to receive promotional, informational and/or reminder e-mails is optional and does not have to be agreed upon in order to be eligible to participate in the Contest. In the event you do consent to receive these e-mails, the use of such e-mails shall be subject to Sponsor’s privacy policy found at http://www.kipling.com/privacy-policy/. The personal data you provide to us are gathered in a global database controlled and processed by VF Europe BVBA, at Fountain Business Park – C. Van Kerckhovenstraat 110, B - 2880 Bornem, Belgium and may be transferred to VF affiliated entities also located outside of the European Union.
If you would like to receive updates from Kipling on new collections, events, promotions and news, please click the opt-in check box below:
(i) I give my consent to receive updates from Kipling on new collections, events, promotions and news via e-mail.
8. Use of Entries: Once an entry is submitted by an entrant, it cannot be changed, altered or modified by the entrant, becomes the sole property of the Sponsor and will not be returned. By entering you, on behalf of yourself and any Third Party Participants grant Sponsor and its agents an unlimited, worldwide, perpetual, royalty-free license and right to publish, use, edit, adapt, modify and/or publicly perform the entry in any way, in commerce and in any and all media worldwide now known or hereinafter developed, without limitation and without notice or consideration of the entrant. By submitting an entry, each entrant in the Contest further agrees that his/her entry constitutes an assignment of all rights, including but not limited to intellectual property rights, and title in and to such entry to Sponsor. Sponsor may require entrants (or the parent/legal guardian if the entrant is a minor) to execute documents to confirm this transfer of rights. Failure to do so may result in disqualification. WITHOUT LIMITING THE FOREGOING, BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE EDITED IN SPONSOR’S SOLE DISCRETION AND POSTED ON THE INTERNET, THE SITE OR ANY WEBSITE/SOCIAL MEDIA PAGE IN CONNECTION WITH THIS CONTEST AND THE ADVERTISING, PROMOTION AND PUBLICITY OF THE CONTEST AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Notwithstanding anything to the contrary, however, there is no obligation of the Sponsor or any other person or entity to post or make any use of the entry of any particular entrant.
Sponsor reserves the right to, and may or may not; monitor/screen Entries prior to posting to the Site. Entrants agree not to issue any publicity concerning the Released Parties (defined below).
9. Entry content guidelines:
Entries cannot:
be sexually explicit or suggestive, or derogatory of any ethnic, racial, gender, religious, professional or age group or the disabled, be profane or pornographic, or contain nudity; promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
defame, misrepresent or contain disparaging remarks about other people or companies;
contain any prominent use of trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others as determined by Sponsor, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
contain prominent copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) as determined by Sponsor;
contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead without permission;
communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and depict and cannot itself be in violation of any law or otherwise; depict or otherwise identify a minor unless a parent or legal guardian is the entrant.
10. Determination of Winners: Potential Finalists will be determined on or about the day following the last day of each Contest Period and posted on the Site as potential winners pending verification of eligibility. Potential Grand Prize winner will be determined on or around January 2, 2012 pending verification of eligibility. Potential Finalists and Grand Prize Winner will be notified by email. To be eligible for any Contest Period the entry must be received, posted and recorded by the Sponsor’s computer by the End Date of that Contest Period.
Potential Finalists and Grand Prize winner shall be required to complete, sign and return within five (5) business days of receipt a Declaration of Eligibility, a Liability Release and Indemnification, and a Publicity Release, where allowed by law. If the Declaration of Eligibility, Liability Release and Indemnification and Publicity Release document is not returned to Sponsor within specified time period, or if a notification or prize is returned as non-deliverable or if a potential Finalist/Grand Prize Winner is found to be ineligible or otherwise not in compliance with these Official Rules, potential Finalist Grand Prize Winner may be disqualified. If potential Finalist Grand Prize Winner is disqualified for any reason, prize may be awarded to a runner-up determined in accordance with the criteria stated in these Rules.
If there are no eligible entries in any one particular Contest Period, Sponsor reserves the right to not award any prizes. Grand Prize Winner’s photograph, caption and name will be posted on http://www.kiplingwishes.com/ and most probably on http://www.kipling.com/facebook/.
11. Prizes, Approximate Retail Values (“ARV”): The Grand Prize Winner will be awarded a Kipling handbag out of the Autumn-Winter 2011 Holiday Collection. The Total ARV of the prize is approximately €80 (depending on the chosen handbag). No substitution, cash redemption or transfer of prize except with Sponsor’s permission (which may be granted or withheld for any reason) or where required by law. Sponsor in its sole discretion may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. If a potential prize winner cannot accept a prize as stated herein, that prize may be forfeited in its entirety and awarded to an alternate winner. State taxes, if any, are the sole responsibility of the winner. Limit of one prize per household for the entire Promotion Period.
12. Liability Limitations: Released Parties (as defined below) are not responsible for failed, partial or garbled, corrupt or jumbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction, programming errors or failures, or damage or failure of any network, hardware or software. If for any reason the Contest is not capable of running as planned, as solely determined by Sponsor, including but not limited to by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest. In such event, Sponsor shall conduct the Contest and award the Contest prizes from all eligible entries received prior to and/or after (as appropriate as solely determined by Sponsor) or otherwise award the Contest prizes in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of cancellation/termination/ modification/suspension of Contest will be posted on the Site. The right is reserved by Sponsor to disqualify any individual found, at its sole discretion, to be tampering with the entry process or the operation of the Contest or Site, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure (whether wireless or Internet), theft or destruction or unauthorized access to (or any problems or technical malfunctions of) any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received (or the incorrect or inaccurate capture of registration, entry or other information, or the failure to capture, or loss of, any such information) on account of technical problems or traffic congestion on the Internet or at the Site, or any combination thereof. Released Parties are not responsible for any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this Contest. Further, Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion.
Entrants further agree not to damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
13. Conditions: By participating, entrants (and each entrant’s parent/legal guardian if entrant is a minor) agree to be bound by and abide by these Official Rules and the decisions of Sponsor shall be final and binding in all respects. By participating in this Contest, entrants agree to release and hold harmless VF Europe, BVBA, the Entry judges, their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and/or prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors and assigns and Facebook (collectively and individually, the "Released Parties") from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, or property, or infringement upon any third party’s rights, (including but not limited to, copyright, patent or trademarks/tradenames/logos, or rights of privacy or publicity, or inclusion of material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light) arising in any manner, directly or indirectly, in whole or in part from participation in this Contest, or any Contest related activity, or breach or failure of any warranty or representation, and/or acceptance, possession, misuse or use of any prize(s). By accepting a prize, prize authorize the Sponsor, and those acting pursuant to the Sponsor’s authority to use their names, voices, likeness, photographs, prize information, biographical data and cities and states of residence in any media know known or hereafter discovered, world wide, including on the World Wide Web and Internet, in perpetuity, at any time or times, in programming, advertising, trade and/or promotional material or on a winner's list (if applicable) without additional compensation (unless prohibited by law) or notice, review or approval. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without obligation or compensation.
TO THE EXTENT PERMITTED BY LAW, SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
14. Disputes: Except as prohibited, any disputes concerning the construction, validity, interpretation and enforceability of these Official Rules without giving effect to any choice of law or conflict of law rules, shall be governed by, and construed in accordance with the laws of Belgium and shall be subject to the exclusive jurisdiction of the courts of Brussels, Belgium. THIS CONTEST IS VOID WHERE PROHIBITED.
15. Privacy Policy: The entry information provided is subject to the Privacy Policy on http://www.kipling/privacy-policy/. To learn more about our privacy practices, access www.kipling.com web site and then click on the Privacy Policy link.
