- By using foreverfriends.co.uk you agree to be legally bound by these terms, which shall take effect immediately on your first use of foreverfriends.co.uk. If you do not agree to be legally bound by all the following terms please do not access and/or use foreverfriends.co.uk.
- Hallmark may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Hallmark. Your continued use of foreverfriends.co.uk after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
- You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use foreverfriends.co.uk content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any foreverfriends.co.uk content except for your own personal, non-commercial use. Any other use of foreverfriends.co.uk content requires the prior written permission of Hallmark.
- You agree to use foreverfriends.co.uk only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of foreverfriends.co.uk. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within foreverfriends.co.uk.
1. Disclaimers and Limitation of Liability
- foreverfriends.co.uk content, including the information, names, images, pictures, logos and icons regarding or relating to Hallmark and/or Hallmark Cards PLC, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- Hallmark and/or Hallmark Cards PLC will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of foreverfriends.co.uk.
- Hallmark does not warrant that functions contained in foreverfriends.co.uk content will be uninterrupted or error free, that defects will be corrected, or that foreverfriends.co.uk or the server that makes it available are free of viruses or bugs.
2. Intellectual Property
- The names, images and logos identifying Hallmark, foreverfriends, third parties and their products and services are subject to copyright, design rights and trade marks of Hallmark, Hallmark Cards PLC and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Hallmark, Hallmark Cards PLC, or any other third party.
3. Contributions to foreverfriends.co.uk
- Further to paragraph 3.1, by submitting your contribution to foreverfriends.co.uk, you warrant that your contribution;
- is your own original work and that you have the right to make it available to Hallmark for all the purposes specified above;
- is not defamatory; and
- does not infringe any law; and
- indemnify Hallmark against all legal fees, damages and other expenses that may be incurred by Hallmark as a result of your breach of the above warranty; and
- waive any moral rights in your contribution for the purposes of its submission to and publication on foreverfriends.co.uk and the purposes specified above.
- If there is any conflict between these terms and specific terms appearing elsewhere on foreverfriends.co.uk then the latter shall prevail.
- If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
Hallmark Cards PLC © 2012
Hallmark Forever FriendsSocial Media Competitions
Terms and Conditions
- To enter Forever Friend’s ‘Winning Wednesday’ competitions via Facebook or Twitter, please respond to the published weekly competition question with the required call to action to be in with the chance of winning a selected Forever Friends product specified in the competition post.
- By submitting your entry, you agree to comply with these terms and conditions.
- ‘Winning Wednesday’ competition will be hosted on a Wednesday each week. All entries must be received by 11.59:59pm on the day of the competition and late entries (for whatever reason) will be invalid. Proof of sending will not be accepted as proof of receipt.
- Entry is open only to residents of the United Kingdom aged 18 and over at the date of entry. Employees and agents of Forever Friends or any company associated with the competition are ineligible to enter the competition, as are members of their families or households. Entries must be made by the authorised Twitter handle/Facebook profile owner at the time of entry.
- One entry is allowed per person and per social media account. Sharing of accounts for purposes of the competition is not allowed. If the Promoter discovers or has reasonable grounds to believe that you have exceeded the maximum number of entries you may be disqualified.
- Entries submitted to this competition may only appear on Twitter or Facebook. Tweets must use the @FFofficialbear Twitter handle. The Facebook entry must be on the relevant Facebook post.
- You must not endanger yourself or others, or take any unnecessary risks in order to produce or make any entry to be submitted to this competition. You are solely responsible for any expenses incurred in the creation and/or submission of your entry to this competition.
- The Promoter will not be responsible for the content of any material submitted by you, and you accept that (i) you will be responsible for ensuring that any material submitted does not infringe any third party rights (such as intellectual property rights) and (ii) you will be liable for any claims, losses, fines, penalties, costs or damages suffered or incurred by you or the Promoter as a result of any such infringement.
- You will retain ownership in the copyright of your entry. However you hereby grant to the Promoter, its group companies, contractors, agents and collaborators a worldwide, royalty-free, nonexclusive perpetual, sub-licensable licence to use, reproduce and/or modify your entry without restriction in any and all media, including for the purposes of the competition, for internal use, for commercial use, for publication on any websites and Facebook and YouTube pages, and for use in promotional and advertising materials. To the extent allowed by applicable law, you also hereby waive all your moral rights in your entry. You hereby irrevocably assign to the Promoter, with full legal and beneficial ownership, all intellectual property rights in your entry, and consent to its use, reproduction and modification without restriction in any and all media, including for the purposes of the competition, for internal use, for commercial use, for publication on any websites and Facebook, YouTube pages and other Forever Friends social media platforms, including, but not limited to, Twitter, Pinterest and Instagram and for use in promotional and advertising materials.
- If you enter a photograph alongside your Tweet and you did not take the entered photograph yourself, you must notify the Promoter at the time of entry and must, in any form requested by the Promoter, provide a signed written personal release from the copyright owner of the entered photograph, a) granting the Promoter a royalty-free, perpetual, non-exclusive, sub-licensable licence to use, reproduce and/or modify the photograph without restriction in any and all media, including for the purposes of the competition, for internal use, for commercial use, for publication on any websites and Facebook, YouTube pages and other Forever Friends social media platforms including, but not limited to, Twitter, Pinterest and Instagram, and for use in promotional and advertising materials; and b) waiving any and all moral rights that s/he may enjoy in connection with the photograph to the extent allowed by applicable law. Failure to provide such release upon request may result in disqualification and selection of an alternate winner.
- If your photograph features any person other than the entrant, you confirm that you have obtained the consent of all persons pictured to the entry of that photograph into the competition, and to the use of their image in that photograph on materials (of any medium, including still photographs and films) for publicity, advertising and promotional purposes worldwide and on the Internet (including on any websites hosted by the Promoter and its related companies), for purposes relating to the promotion of the competition, the Promoter and the Forever Friends brand, both before and after the closing date, for an unlimited time and without compensation. You shall obtain such persons’ written consent if required to do so in the form requested by the Promoter. If you do not do so upon request, or it comes to the Promoter’s attention that the consent required by this clause has not been granted, your entry may be deemed invalid and disqualified. Only the entrant is eligible to win the competition.
- Entries to this competition must:
- not contain any content which is defamatory, obscene, unlawful, harmful, offensive or inappropriate;
- not contain any content which may have the effect of being harassing, threatening, or abusive or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- not contain any viruses or other harmful programs;
- not be accompanied by any music (live or recorded);
- not advertise or promote third parties’ or your own goods and services, or (unless otherwise specified in these terms) feature any third party branding, trade mark or logos, including on clothing, other than those of the Promoter; and
- not use any public domain or third party proprietary images, including statues, sculptures, paintings and other works of art.
- There is one prize each week, which will be identified in the competition post.
- The prize is awarded at the Promoter’s discretion and no prize will be awarded as a result of improper actions by or on behalf of an entrant. There are no cash alternatives and the prize is not transferable or exchangeable. The Promoter reserves the right to substitute the prize with an alternative prize of similar value.
- The prize winner will be selected at random from all the entries correctly submitted in accordance with these terms and conditions.
- The winner will be notified by Tweet or Facebook message to the account that submitted the original competition entry.
- In order to claim the prize, the winner will be contacted via Twitter or Facebook and asked to provide an address in the United Kingdom to which the prize details should be delivered by direct message or such other method of communication as may be specified in the notification message. The prize will be delivered within 28 days of the date on which the winner provides their address. The Promoter will not be liable if any prize fails to reach you or if you cannot take it for reasons beyond the Promoter’s control, if any prize is damaged during delivery, or if the Promoter is unable to contact you, including due to your provision of inaccurate or incomplete information.
- If a prize remains unclaimed 28 days after the initial message is sent to a winner, the entry is disqualified, or the Promoter discovers or has reasonable grounds to believe that the winner is ineligible, the winner’s entry is invalid, false or fraudulent, or the winner has otherwise failed to comply with these terms and conditions, the prize will be forfeited, and an alternative winner will be selected in accordance with the criteria set out above in clause 15.
- The name of the judge and winner will be available after the competition closes by writing to the Promoter at the address below.
- The Promoter assumes no responsibility for lost, unauthorised, misdirected, illegible, falsified, delayed or incomplete entries, all of which are invalid and void, or for difficulties experienced in submitting an entry to this competition, including as a result of any technical delay, failure or defect.
- The decision of the Promoter shall be final and no correspondence will be entered into. The Promoter reserves the right at any time: (i) to verify, or have a third party verify, that any entrant meets the eligibility requirements and has complied with these terms and conditions; and/or (ii) to disqualify any entry that fails to meet such eligibility requirements and/or otherwise comply with these terms and conditions.
- By submitting your Tweet or Facebook post, you consent to the use of your personal data by the Promoter as set out in these terms and conditions. The Promoter will not pass your details to any third party not referred to in these terms and conditions.
- Entrants’ details will be used by the Promoter for the purposes of administering the competition. Entrants’ details will also be used for marketing purposes if you have indicated that you want to receive marketing materials (such as email newsletters) from the Promoter.
- The Promoter may pass entrants’ details to third parties either where the third party is acting on the Promoter’s behalf for the purposes of administering this competition and/or any subsequent publicity, and/or for the purposes of sending you the Promoter’s marketing materials (provided you have indicated that you want to receive any such marketing materials); and/or as otherwise required by law.
- To the extent allowed by applicable law, entrants may be required to take part in publicity relating to the competition. By entering the competition, you agree to the use of your first name, voice, image and likeness by the Promoter for such purposes, and in advertising and promotional material, in any media, without further compensation.
- The Promoter reserves the right to withdraw, delay or amend this competition in the event of any unforeseen circumstances outside its reasonable control, and will not be in breach of these terms or liable for any delay or failure in performing its obligations due to such circumstances. You agree that the Promoter and its affiliates, agents and their employees, directors and shareholders will be held harmless by you for any liability, loss or damage of any kind resulting in any way from participation in the competition other than for death or personal injury arising from their negligence or any other loss to the extent that such loss may not be excluded or restricted by law. The Promoter makes no express or implied warranties with respect to the safety, appearance or performance of the prize.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions shall not be affected.
- These terms and conditions are governed by the laws of England and are subject to the exclusive jurisdiction of the English courts
- The Promoter is Hallmark Cards PLC Bingley Road, Bradford BD9 6SD. For all queries or issues with this competition, please contact: email@example.com or ‘Forever Friends Competitions’ at the Promoter’s address above.