Please read these Terms and Conditions carefully prior to participating in Fjällräven International AB´s contest “Kånken Art (“The Contest”). By participating in the Contest, each participant fully and unconditionally agrees to and accepts these Terms and Conditions.
This Contest is being held by Fjällräven International AB, Hemvärnsgatan 22, 171 54 Solna, Sweden (“Fjällräven”). The Contest, which is being staged via the online platform Instagram is in no way sponsored, supported or organized by Instgram. All questions, comments and complaints regarding this Contest should be sent directly to Fjällräven and not to Instagram; this also applies to any claims arising from the staging of the Contest. Participation will take place exclusively online and is free of charge. The Contest will run from 9 a.m. (Swedish time) on 1st of August, until 12 p.m. (Swedish time) on 25th of August (”contest period”).
By entering this contest, participants expressly accept these conditions of entry and the application of Swedish law. Any person who is over the age of 18 at the time of entry and who has Instagram account is eligible to enter the contest. Participation in the contest is not dependent on a purchase or on the use of services. Each participant may enter the contest with as many photographs as they wish to submit.
Participation in the Contest
The contest can be accessed via the photo sharing service Instagram. Users who do not yet have a Instagram account can download the free Instagram app for either Iphone or Android users. In order to participate in the contest, the participants must upload a picture of a Kånken (an animation, image or anything creative in combination with Kånken) via the free photo sharing service Instagram during the contest period and in accordance with Fjällräven's requirements. Humans pictured in submitted photos must consent and be over the age of 18 and/or have parental consent. All photos submitted via Instagram must be tagged with both #kankenart and @kankenofficial in the caption to be eligible for the contest.
Content Standards and House Rules
The following submission content standards and “house rules” shall apply in respect of the content of the photo. Photos must not:
a) contain any material which is defamatory of any other person;
b) contain any material which is obscene, offensive, hateful or inflammatory (or is of a sexually explicit nature);
c) infringe any intellectual property rights, such as but not limited to copyright, database right or trademark of any other person (such as a photo of a copyright work, such as a painting or another photograph, taken without the copyright owner’s permission);
d) be likely to deceive any person;
e) be taken without the subject’s consent (or depict any subject under the age of 18 without their legal guardian’s consent);
f) be likely to harass, upset, embarrass, alarm or annoy any other person;
g) show or encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
h) show or encourage any illegal or immoral activity, violence, racial hatred, cruelty to animals or any other anti-social or unlawful behavior of any kind; or
i) give the impression that it emanates from, or is endorsed by Fjällräven.
If any photos breach the house rules or any applicable law, Fjällräven reserves the right to de-tag, take down, remove or delete (where possible) any such images and in any event, such photos (and the participant that posted it) shall be disqualified from the contest. Fjällräven reserves the right to pass on any images that give it concern to the relevant authorities.
By submitting a photo, the participant warrant and undertake that they are the legal and beneficial owner of all intellectual property rights in their photo and that it is their own original work and does not infringe any third party rights. Participants hereby waive and agree not to assert any moral rights in and in connection with the photo.
All humans pictured in the photo must agree to be featured and for the photo to be submitted via Instagram, and must also waive and agree not to assert any applicable moral or similar rights and agree to the photo being entered in the contest and the entrants warrant that applicable consents have been obtained. These statements also extend to the Instagram platforms used.
Rights of Use
By uploading a photo, the participant agrees that the photo will be displayed on Fjällräven landing page and Instagram account and may be used for promotions and PR/marketing purposes in the course of trade. The Participant also agrees that the photos may be shared amongst other users/visitors of Fjällräven´s websites and social networks such as Facebook or Instagram. Fjällräven shall not be responsible for any further use of the uploaded images on pages outside of Fjällräven´s websites and social networks, after they have been published on these sites. By submitting the photo, participants grant Fjällräven and the companies associated with Fjällräven an irrevocable, transferable, worldwide, temporally and locally unrestricted, free right of use covering all methods of use, in particular the use, distribution, reproduction, translation and modification of the photo and any accompanying text for commercial purposes by Fjällräven.
Prizes and Notification
On Monday the 26th of August the ten winners will be selected by Fjällräven. Fjällräven will review all submitted photos and select the ten most creative and original photos – from an artistic, photographic and promotional point of view. The ten winners will recieve a Kånken Art backpack, worth more than 100 EUR (the “PRIZE”). The PRIZE also includes shipping fees of the PRIZE to the winner. Any taxes and/or fees associated with the PRIZE will not be covered by Fjällräven and shall therefore be paid by the winners. The winners will be notified by Instagram DM by Fjällräven within one week of selection. If a winner fails to claim his/her prize within two weeks of the e-mail being sent, any entitlement to the prize shall be forfeited. Participants who have not won will not be notified. Fjällräven is entitled to feature the winning photo on any Fjällräven website, as well as on Facebook, Twitter, Instagram or any other social media service. Each participant expressly accepts this form of publication. Fjällräven reserves the right to substitute the prizes (or any part of the prizes) for a prize or prizes of equivalent or greater monetary value if this is necessary for reasons beyond Fjällräven´s reasonable control. Under no circumstances will the prizes be paid out in cash. Prizes are non refundable and non-transferable. Entitlement to the prize may not be reassigned to a third party.
Exclusion From the Contest
Employees of Fjällräven and of companies associated with Fjällräven as well as their family members and relatives are excluded from the contest. People who (i) provide incorrect personal details, (ii) provide illegal content, or (iii) manipulate or otherwise misuse electronic devices created for the purpose of the contest are excluded.
Early Termination of the Contest
Fjällräven is entitled to terminate the contest at any time during the contest period, without prior notice and without stating reasons. In particular, this applies in cases where this is necessary for organizational or technical reasons (e.g. computer system viruses, manipulation or errors in the hardware/software) or legal reasons.
This Data Protection Statement applies to the collection and processing of personal data in the context with the contest.
a) The responsible officer pursuant to Article 4 (7) EU General Data Protection Regulation (GDPR) is Fjällräven International AB, Hemvärnsgatan 22, 171 54 Solna, Sweden, hereinafter called the “Company”. You can contact the Company´s data protection manager at firstname.lastname@example.org or at our postal address with the addition “Data Protection Manager”.
b) Collection and processing of your personal data When participating in the competition, we process the following data from you:
o Title o First name * o Name * o E-mail * o Address o Zip o place o Phone number * o Free Text o Image Upload *
We process the personal data of the participants to carry out the competition, ie to determine if you are eligible and to identify and notify the winners by direct message. If you do not provide us with the aforementioned data, it is not possible to participate in the competition and/or to contact you regarding a prize notification. Your name and address data are collected for the sole purpose of sending the prize. If you do not provide us with the aforementioned data, we would not be able to send any prizes to you.
c) Legal Basis The processing of your personal data solely serves the purpose of running the contest. The legal basis is Art. 6 (1) (b) GDPR. The publication of photos in (print)publications of the Company as well as on the websites/Facebook accounts or similar is required for the public relations of the Company, for the marketing of its products and thus serves the legitimate interests of the parties concerned, Art. 6 (1) (f) GDPR.
d) Recipient of the personal data The Company may also share your information with other entities of the Fenix Outdoor group in EU to be used in accordance with this Data Protection Information, in particular with its European affiliate Fenix Outdoor ecom AB. The legal basis for the Company sharing your information with other entities of the Fenix Outdoor group is Art. 6 (1) (f) GDPR. The Company has a legitimate interest in sharing your information for internal administrative purposes, in particular to centralize storage, optimize our processes, manage administrative tasks, as well as for marketing purposes. You have the right to object at any time to such sharing. To exercise this right you may at any time contact the Company as provided in this Data Protection Statement. Otherwise, your personal data will in principle not be disclosed to any third parties, unless the disclosure is required for running the contest or sending the prize. All processors have been carefully selected, support the Company in a strictly directional manner and will only have access to your data required for the performance of the services to the extent and for the period required.
e) Duration of storage of personal data: As soon as the contest is over, we will delete the participants´ personal. The data of the winners will be stored until the expiry of legal retention and limitation periods.
f) Your rights: You have the following rights towards us with regard to your personal data:
– Right to information, – Right to correction or deletion, – Right to restriction of processing, – Right to refusal of processing, – Right to data portability
You also have the right to lodge a complaint about our processing of your personal data with a data protection regulatory body.
g) Withdrawal If you have agreed to the processing of your data, you can revoke this at any time. After you have pronounced it to us, the revocation influences the permissibility of processing your personal data. If we base the processing of your personal information on consideration of interests, you can revoke your consent to processing. This is the case, in particular, if processing is not necessary for fulfilment of a contract with you, which is always outlined by us in the subsequent description of the functions. When exercising the right of revocation, we ask you to cite the reasons why we should not process your personal information as we have previously done. In the case of a justified revocation, we will examine the situation and either stop or adjust the data processing or convey to you our protection-worthy and necessary reasons for continuing the processing.
Please contact email@example.com to exercise your right of withdrawal. In addition, our data protection principles at https://www.fjallraven.com/legal-content/privacy-cookie-policy/ apply.
Fjällräven is only liable for damages caused by Fjällräven or one of its auxiliaries through intent or gross negligence, or through a breach of essential contractual obligations. This limitation does not apply to damages arising from injury to life, limb and/or health. The aforementioned liability limitation applies in particular to damages caused by errors, delays or interruptions to the transmission of data, etc., in the event of technical equipment or service faults, incorrect content, loss or deletion of data, viruses or other such causes. The participant is obliged to compensate Fjällräven for any damages, claims, costs and legal fees caused by or based on the fact that the participant has uploaded a photo that does not comply with these conditions of entry, including uploading a photo that infringes the rights of third parties.
If Fjällräven has grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsmanlike conduct of any kind (including, without limitation, manipulating the contest, choice of prize winner(s) or any entry), Fjällräven reserves the right (in its sole discretion) to disqualify any entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity. Complaints relating to the staging of the contest must be sent to Fjällräven in writing within 14 days of the complaint arising. The decision regarding the selection of prize winners and their results is final and no correspondence will be entered into. The contest is exclusively governed by Swedish law, regardless of the location from which a participant enters the contest. This excludes mandatory consumer protection law at the participant's place of residence. Should individual provisions be or become ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected.