Terms & Conditions
Terms & Conditions
Access to and use of this site ('www.emilybutton.co.uk') is provided by Hallmark subject to the following terms:
1. By using emilybutton.co.uk you agree to be legally bound by these terms, which shall take effect immediately on your first use of emilybutton.co.uk. If you do not agree to be legally bound by all the following terms please do not access and/or use emilybutton.co.uk.
2. 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 emilybutton.co.uk after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Use of emilybutton.co.uk
3. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use emilybutton.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 emilybutton.co.uk content except for your own personal, non-commercial use. Any other use of emilybutton.co.uk content requires the prior written permission of Hallmark.
4. You agree to use emilybutton.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 emilybutton.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 emilybutton.co.uk.
Disclaimers and Limitation of Liability
5. emilybutton.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.
6. 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 emilybutton.co.uk.
7. Hallmark does not warrant that functions contained in emilybutton.co.uk content will be uninterrupted or error free, that defects will be corrected, or that emilybutton.co.uk or the server that makes it available are free of viruses or bugs.
8. The names, images and logos identifying Hallmark, emilybutton.co.uk, 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.
Contributions to emilybutton.co.uk
10. Further to paragraph 9, by submitting your contribution emilybutton.co.uk, you:
a. warrant that your contribution;
i. is your own original work and that you have the right to make it available to Hallmark for all the purposes specified above;
ii. is not defamatory; and
iii. does not infringe any law; and
b. 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
c. waive any moral rights in your contribution for the purposes of its submission to and publication on emilybutton.co.uk and the purposes specified above.
11. If there is any conflict between these terms and specific terms appearing elsewhere on emilybutton.co.uk then the latter shall prevail.
12. 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.
13. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
Hallmark Cards PLC © 2011
EMILY BUTTON ART COMPETITION: INTERACTION INFORMATION
Opening/closing date & time:
Competition opens on Monday 5th March 2012 and closes on Fri 27th April 2012 at 8.00 p.m.
Entries must be submitted by an adult (“you”) on behalf of a child aged between 2 and 11 years old (inclusive) at the time of the competition closing date (the “child”). You and the child must meet the following criteria as applicable:
a. You must be aged 18 or over and the child must be aged between 2 and 11 years old (inclusive);
b. You and the child must be UK residents, meaning you both must ordinarily be living in the UK for the duration of the competition.
c. You must be the parent or legal guardian of the child, or have the prior permission of the parent or legal guardian of the child to make the entry;
d. Neither you nor the child must be employed or engaged by Hallmark Cards PLC (“Hallmark”) or companies within their group of companies or be a live-in partner or immediate relative (i.e. mother, father, son, daughter, brother or sister) of an employee of Hallmark Cards PLC or persons professionally associated with the competition; and
e. You agree that you and the child may be required for filming purposes and/or other appearances at any time for simultaneous or later broadcast in any media.
Proof of eligibility may be required.
Failure to comply with the eligibility criteria as set out in these terms and conditions, and elsewhere as applicable or failure to comply with instructions and/or directions given or with these terms and conditions in any way.
By entering this competition, you agree to comply with these terms and conditions and that you are responsible for making sure that the child complies with the terms and conditions and you agree that you may be contacted by Hallmark Cards PLC and that the entry may be published in all media, adapted, in whole or in part, including but not limited to publication on www.emilybutton.co.uk in Hallmark Cards PLC sole discretion.
Only one entry per person is permitted. Entries created by groups of individuals, including without limitation school groups or other organisations, will be invalid and will not be entered into the competition.
The child’s design must meet the following criteria:
a. it must be original, not having been previously created by any person or persons other than the child on whose behalf you are entering the design,
b. it must be produced with the dimensions 210 x 297 mm and be in either portrait or landscape format and
c. it must depict a favourite place of the child along with a depiction of Emily Button and the child.
Incorrect spelling and grammar will not be penalised. If it is deemed by the judging panel that
i. the design submitted is not the original work of a child aged between 2 – 11 years old (inclusive);
ii. that the entry fails to meet the entry criteria or
iii. is otherwise unsuitable then the entry may be disqualified and no longer considered in the competition in the judging panel’s sole discretion. The judging panel’s decision is final.
Incomplete, illegible, or false entry forms and entries not submitted in accordance with the terms and conditions will not be eligible for consideration.
Method of entry:
Eligible entrants should go to www.emilybutton.co.uk and download an entry form as instructed. The entry form must be completed including personal contactable information including but not limited to the entrant’s name, their daytime phone, email address, their home postal address, the child’s name, and the child’s age. The completed entry form and along with the child’s design, which must meet the entry criteria, must be returned by either email to email@example.com or be printed and sent by post to Emily Button Art Competition, Hallmark Cards Plc, Hallmark House, Bingley Road, Bradford, BD9 6SD before the relevant closing date and time.
There is no other method of entry other than as specified in these terms and conditions.
There is no charge for downloading the entry form or emailing the entry but internet service provider’s fees may apply when accessing the internet. There is no charge for entry except that postal entries must be submitted with the correct postage paid.
Entries will be judged based on the selection criteria including without limitation to, the originality of the design and overall creativity.
The Emily Button team will review all entries and will select a longlist of entries, which they consider best meet the selection criteria. Selection of the longlist will be at the Emily Button team’s sole discretion and their decision will be final.
Representatives from the Emily Button team will then in their sole discretion select a shortlist of semi-finalists (the “semi-finalist(s)”) and they reserve the right to shortlist additional entries from the longlist in case any semi-finalist is ineligible or otherwise fails to comply with the entry criteria (the “reserve shortlist”). The Emily Button team selection of the semi-finalists will be final.
The judging panel (the “judging panel”)) will select up to nine (9) semi-finalists’ designs which best meet the selection criteria to be the finalists (the “finalists”).
May 2012 the judging panel will then rank each of the finalists’ entries in descending order to determine the winner and two (2) runners-up for each of the age categories 2-4 years old, 5 -8 years old and 9-11 years old.
One member of the judging panel will be nominated to be the head judge who in their sole discretion will determine who will be the semi-finalist or finalist, or who will win the prize in the event of a tie in the scoring, or in the vote, or other circumstance beyond the reasonable control of the Promoter. The decision of the judging panel or the head judge is final and no correspondence will be entered into.
The selection and announcement of the winners and the runners-up may in the sole discretion of Hallmark Cards PLC, be filmed on such dates as may be determined by Hallmark Cards PLC and broadcast on the website and other Social Media platforms in April and May 2012 or such other date as may be specified by Hallmark Cards PLC.
The entry which is deemed by the judging panel to best meet the selection criteria from all eligible entries will be the winner of the first prize (the “First Prize”). There will be a first prize selected from the following age categories: 2- 4 years old, 5 – 8 years old and 9 -11 years old. The First Prize is to enter into an agreement with Hallmark Cards PLC for Hallmark to develop the winner’s design into a future Emily Button concept and/or product. This agreement will include the grant of an exclusive, worldwide, irrevocable, royalty-free and perpetual licence from the winner to Hallmark to use, copy, adapt and/or modify the design. In return the winner will receive a framed Emily Button artwork. For clarity, this means that the winner cannot permit anyone else to produce any product using their design commercially and subject to agreeing otherwise with Hallmark they will receive no ongoing payments.
A further two (2) entries from each age category which are next deemed by the judging panel to best meet the selection criteria from all eligible entries will each be the winner of the runners-up prize (the “Runners-up Prize”). The Runners-up Prize will be a selection of Emily Button products.
Hallmark Cards PLC reserves the right to consider or to disregard any entry submitted above the maximum number of entries permitted or which otherwise does not comply with these terms and conditions.
You agree that the entry will not contain any material which in any way infringes the copyright or other rights of a third party, or which infringes any applicable laws and that the information you provide is accurate and up to date. The entry should not contain any material which is in any way defamatory, obscene, harmful, offensive or inappropriate or may have the effect of being harassing, threatening, abusive or hateful 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. You agree that your entry will not advertise or promote third parties' or your own goods or services. Any such entry may be deemed inappropriate and not considered.
By making an entry you grant Hallmark Cards PLC permission to use the entry in any way it wants. This means that Hallmark Cards PLC can use, edit, reproduce, record, modify, translate, distribute, play, perform, broadcast, make available and display your entry (or part thereof) and/or prepare derivative works of the entry (without prejudice to any rights acquired by any provider of the prize) by any medium or method whether now known or later developed, including without limitation on the website or any other website in its sole discretion anywhere in the world.
Hallmark Cards PLC may also permit third parties to use the entry. You acknowledge that neither you nor your child will receive any ongoing fee or royalty payment from Hallmark Cards PLC or any third party for the consents and grants given by you in relation to your entry and/or participation. The payment of any ongoing fee or royalty payment by Hallmark Cards PLC is subject to any contractual arrangement that you may be able to agree with Hallmark Cards PLC in respect of future use of your entry.
You confirm and agree that you are fully authorised and entitled to grant this permission. You agree to give us evidence of this authority and entitlement if requested by us. You agree, on behalf of the child, to waive any moral rights that may exist in relation to your entry and/or participation. This means that you waive the right to complain about the way in which Hallmark Cards PLC may edit, alter or use the entry and that they do not have to identify the child as the author of the entry. You further waive, on behalf of the child, any and all rights that you may have in respect of your entry and/or participation against Hallmark Cards PLC, including (but not limited to) any rights to take action against Hallmark Cards PLC for infringement of any intellectual property rights in such entry and/or participation.
You acknowledge and agree that if your entry results in you winning the prize, you will enter into any written arrangement which may be required by Hallmark Cards PLC to confirm your agreement to the foregoing as applicable, your consent to licensing any additional rights which may be retained when taking up the prize and/or your agreement to any additional contractual terms reasonably required by Hallmark Cards PLC.
You acknowledge that by entering the competition Hallmark Cards PLC reserve the right in its sole discretion to contact you regarding the child’s participation in the competition or to broadcast or feature the entry in any other media or otherwise exploit it in any manner. Hallmark Cards PLC do not guarantee, represent, undertake or warrant that it will contact everyone or broadcast or feature their entry or otherwise exploit in any manner any content, which may or may not include their entry. Unless otherwise specified, Hallmark Cards PLC is not liable to refund any costs or expenses incurred in entering the competition including but not limited to internet access fees, any phone calls made, travel costs and accommodation, incidental costs, charges, fees, expenses and taxes.
By entering this competition you agree that Hallmark Cards PLC may use and store you and the child’s personal details in the course of running the competition as set out in these terms and conditions and for related purposes such as promoting the competition, announcing and publicising the winner and advertising Hallmark Cards PLC products.
This competition and these terms and conditions are governed by English law and subject to the exclusive jurisdiction of the English Courts.
Entries cannot be returned and are the property of Hallmark Cards PLC. Copyright and all other rights and interests in each entry will be and are hereby assigned to Hallmark Cards PLC.
By entering this competition, entrants will be deemed to be bound by and have accepted these terms and conditions.
Prizes cannot be exchanged for cash or any other alternatives.