Waterman Blue Obsession Competition - Terms and Conditions

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. INTERNET ACCESS IS ALSO USABLE TO ENTER.

ARTICLE 1 - ELIGIBILITY:

The Waterman “Blue Obsession” promotion (the “Promotion”) is open only to legal residents of  France that are 18 years of age or older, and Japan that are 20 years of age or older  (as per applicable local legislation) except employees, officers and directors of NWL France Services SAS, (“Promoter”), its subsidiaries, affiliated companies, sales representatives, advertising, sales, promotion and judging agencies, webmasters/suppliers, and their respective immediate family members (spouse, parents, siblings, children) or household members (whether or not related). By entering this Promotion you agree to these Terms and Conditions (T&Cs). Any entries that do not comply with the T&Cs will be void.

ARTICLE 2 - PROMOTION PERIOD:

The Promotion begins on May 15th at, 2014 and will last until on August 31st, 2014 (“Promotion Period”) with the winner being announced shortly afterwards. Promoter’s computer are the official time keeping device for the Promotion.

ARTICLE 3 - HOW TO ENTER:

The Promotion is operated through Facebook (in order to participate, you should be registered on Facebook) page and in-store through specifically designed postcards that would be available. In order to participate, you will need to propose a title (the “Title”) for the artwork created by the well-known artist Dirk Dzimirsky (the “Artist”) and the most creative Title as selected by the artist will win the Promotion.

By participating in the Promotion, the Winner grants Promoter, its agents and Affiliates and the Artist, the free of charge, non-exclusive worldwide right to publish, use, adapt, edit and/or modify the Title in any way they deem necessary, in any and all media, including for the use in advertising and marketing, without limitation, and without additional consideration to you.

FACEBOOK PARTICIPATION:

You need to log on with your Facebook account and go to the link of the Promotion:www.facebook.com/waterman. Following this, simply enter your submission on the wall of the Facebook page. Once this has been posted your entry is complete.

If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Entries must be in compliance with the Entry Requirements outlined in these T&Cs. Title must also comply with any applicable submission requirements as defined by Facebook. You may submit/post your proposed Title on the Facebook page as many times as you want for the duration of the Promotion, but from one Facebook account only (same name, surname, same address, email, IP address).

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK.BY ENTERING THIS PROMOTION, YOU ACCEPT TO RELIEVE FACEBOOK FROM ANY RESPONSIBILITY.THE INFORMATION SENT BY THE PARTICIPANT WILL BE PROVIDED TO THE PROMOTER ONLY AND NOT TO FACEBOOK.

Enter using a Facebook account registered in your name. Multiple entrants may not share the same Facebook account (same name, same address, same email address/IP address). In the event of a dispute, the natural person associated with the Facebook account used to enter will be deemed to be the entrant. No robotic, programmed, script, macro or other automated entries (collectively “automated entries”). Automated entries, or, multiple entries by the same person/e-mail address, or entries that have been tampered with will result in disqualification of all such entries. All Entry materials submitted become the property of Promoter and will not be returned. By submitting an Entry, entrant acknowledges that his/her Entry may be posted across any or all of Promoter’s digital and social media assets, at Promoter’s sole discretion.

IN-STORE PARTICIPATION

To participate in-store, simply propose your Title by completing one of our postcards available for the duration of the promotion. This does not preclude you from additionally entering the promotion online.

ARTICLE 4 - ENTRY REQUIREMENTS:

Entries must be suitable for presentation in a public forum, in the sole discretion of Promoter. Entries must not be obscene or offensive; must not depict alcohol, illegal drugs, tobacco, firearms/weapons, or any activities that may appear unsafe or dangerous; and must not be sexually explicit or suggestive, all as determined by Promoter in its sole discretion. Entries must not violate or infringe the rights of any third party, including but not limited to rights of copyright, trademark, publicity or privacy. Entries must not include any intellectual property or the trademark of any other party, including Waterman® and any other Newell Rubbermaid trademarks. Without limiting the foregoing restriction, the Entry should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third party materials. If an Entry does include such material, Promoter may, in its sole discretion, alter the title to remove it, or disqualify the Entry.

ARTICLE 5 - WINNER SELECTION:

The Winner will be selected by the Artist himself who will select what he deems to be the best creative Title for the artwork on 30th  September 2014.

ARTICLE 6 - PRIZE AND PRIZE AWARD PROCEDURES:

The author of the selected Title will receive the artwork itself together with the following pens from The Blue Obsession Collection by Waterman® (total RRP of the pens: ¥168,700 / €1,200 ):

  1. Blue Obsession Carène
  2. Blue Obsession Expert
  3. Blue Obsession Perspective
  4. Blue Obsession Hémisphère

Each range comes in both Fountain pen and Roller Ball Function.

In the event of any prize not being available for whatever reason, the Promoter may offer an alternative prize of equal or greater value and quality. Prizes are as stated with no cash alternative in whole or in part and are non-transferable.

The Winner will be notified by Promoter or Promoter’s agent through the email address provided at the time of registration and will be required to respond to that email with their complete mailing address and date of birth within 7 days of email notification or prize will be forfeited and awarded to an alternate winner.

Should the Prize winner wish to sell the artwork within one year of winning the Promotion, the winner must offer the Artist the first right of refusal to purchase the artwork at market rate (as determined by recent sales of the Artists work) by contacting the Artist at dirk@dzimirsky.com. In the event that the Artist chooses not to purchase the artwork, or the winner seeks to sell the artwork after the period of one year from winning the Promotion has expired, the winner will be permitted to offer the artwork for sale at such price and platform as the winner decides in their sole discretion.

Promoter or Promoter’s agent will then contact potential winner via e-mail to verify identity and contact information. Potential winner may be required to demonstrate control of the Facebook account associated with a winning Entry. If any Prize or Prize-related communication is returned as undeliverable, Prize will be forfeited. Promoter is not responsible for any change of the Facebook account, mailing address, e-mail address, and/or telephone number of entrants. Any unclaimed or undeliverable Prize may not be awarded. Prize will be shipped to the address provided within six weeks of the end of the Promotion Period.

ARTICLE 7 - REIMBURSEMENT OF PARTICIPATION FEES (FOR FRENCH RESIDENTS ONLY) :

French based participants may request the Promoter to reimburse costs (Internet connection and mobile Internet access) arising from their online participation in the Promotion and the stamp related to their reimbursement request.

Reimbursement of connection costs (based 2 minutes i.e. 1 € TTC) and stamp (the rate in force, base 20 g) upon written request before September 30th (as evidenced by the date as postmarked) at the following address: NWL France Services SAS, 122, avenue du Général Leclerc, 92100, Boulogne-Billancourt, France.

As observed in the current service offers and technology, some Internet service providers / mobile operators currently offer free or fixed Internet connection, it is expressly agreed that any access to the game that takes place on a free or flat rate basis (such as in particular connection by cable, ADSL or dedicated connection) shall not give rise to any refund, insofar as the subscription to the service provider / mobile operator is contracted by the internet user for the general use of the Internet / mobile Internet and the fact that the Participant accessing and participating in the Promotion does not cause him any additional costs or expenses.

To this end, the participant must provide in the reimbursement request: name, surname, address, a copy of the first page of the Internet contract with reference to their identity, the name of the service provider and the package description, a bank account details and a copy of the itemized bill from the telephone company and / or the provider indicating the date and time of the connection by underlining it.

The number of authorized reimbursements for connection expenses is 1 (one).

A "participation" is deemed to be each connection to the site with a registration operation performed.

Postal costs incurred for the reimbursement request will be reimbursed at the current rate (Second class letter) upon written request in the request for reimbursement.

The refund request will be processed on average within 4 weeks, by bank transfer.

Any claim that does not include all the above listed elements, that is submitted after 30/09/14 (as evidenced by date of postmark), that is illegible, that has incorrect details or that does not comply with the above conditions will be automatically rejected and will not receive a response.

ARTICLE 8 - GENERAL CONDITIONS:

By entering, entrants agree (a) to release, indemnify and hold harmless Promoter and its affiliates, subsidiaries, advertising and promotion agencies, Facebook Inc. and all of their respective officers, directors, employees, representatives and agents from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of a prize or his/her participation in the Promotion or any Promotion-related activity; and (b) to grant (and to confirm such grant in writing promptly upon request) to Promoter and those acting under Promoter’s authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information at any time or times for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law. All taxes on prizes, if any, are solely the responsibility of the winners. All local laws and regulations in the country of residence of the Winner apply. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these T&Cs, entrant’s rights and obligations, or the rights and obligations of the Promoter in connection with the Promotion, will be governed by the applicable law in the country of residence of the participant.

 

ARTICLE 9 - LIMITATIONS OF LIABILITY:

Neither Promoter nor its agencies are responsible for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information. Neither Promoter nor its agencies are responsible for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of website. Promoter reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Promotion or website, may be acting in violation of the terms of the website or these T&Cs or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Neither Promoter nor its agencies are responsible for injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Promotion or downloading or copying materials from or use of website. If, for any reason, the Promotion is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Promoter, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, or if due to any technical, production or other error, more prizes are claimed or awarded than are described in these T&Cs, Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion, and randomly select winner from entries received prior to action taken, or as otherwise deemed fair and equitable by Promoter. No more than the number of prizes stated in these T&Cs will be awarded. Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is unlawful and subject to legal action by Promoter or its agents.

IN NO EVENT WILL PROMOTER, ITS AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION, INCLUDING ENTRANTS ACCESS TO AND USE OF THE PROMOTION INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

ARTICLE 10 - PROMOTER:

The Promoter is NWL France Services SAS, 122, avenue du Général Leclerc, 92100, Boulogne-Billancourt, France.

ARTICLE 11 - PERSONAL DATA

The Promoter will retain your Personal Data for the purposes of this Promotion. Your Personal Data will be treated in confidence and will not be disclosed to any third party for marketing purpose. You have a right to access, modify or remove your personal data by writing to the following address:

NWL France  Services SAS - Blue Obsession Competition - 122 avenue du Général Leclerc - 92100 BOULOGNE-BILLANCOURT (France).

Should you wish to be contacted about new products and services available from the Promoter, and to receive information and promotions from our affiliates and partners, please tick the appropriate box.

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