Terms & Conditions
So, here we are, the legal but essential part of the site.
We at Hallmark are not here to try and catch you out. This is for everybody's benefit. Please read it and if you think there's something in here that sounds confusing or possibly unfair (there shouldn't be), just let us know.
Thanks, the Gifted? team.
Information About Us
1. Hallmark.co.uk and gifted.hallmark.co.uk is operated by Hallmark Cards PLC, a company registered in England and Wales under registration number 03414540 and our address is Gifted Competition, Hallmark House, Bingley Road, Bradford, West Yorkshire BD9 6SD. If you have any questions, complaints or comments about this Website then you may contact us at firstname.lastname@example.org.
2. Services offered on the Website may include Competitions, Registration, Passwords and Security.
3. You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be liable where your password or user name is used by someone else. You agree to notify us immediately [by email to email@example.com of any unauthorised use of your password or user name of which you become aware.]
Use Of The Website
4. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use Website 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 Website content except for your own personal, non-commercial use. Any other use of Website content requires the prior written permission of Hallmark.
5. You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of the Website. You also agree that in using the Website you will not:
5.1. use it in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
5.2. use the Website for any purpose other than your personal use;
5.3. email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive, offensive, distressing 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, disability or any other basis;
5.4. advertise or promote third party or your own products or services including by way of the distribution of 'spam' email;
5.5. transfer files that contain viruses, trojans or other harmful programs;
5.6. access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures or disrupt the normal flow of dialogue on the Website.
6. We reserve the right to suspend, restrict or terminate your access to this Website at any time without notice at our discretion.
7. You warrant that:
7.1. all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times - note that you can update or correct your personal details at any time by amending your account details and
Disclaimers And Limitation Of Liability
9. Save to the extent that nothing in this clause 9 shall restrict your statutory rights, all Website content and services including the information, names, images, pictures, logos and icons regarding or relating to Hallmark and its products and services (or third party products and services), is provided "AS IS" and on an "AS 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 including, without limitation, in respect of any advice given (on a personal or general basis) and statements made by users and/or advertisers on or via the Website. Any decisions or action taken by you on the basis of information provided on or via the Website are at your sole discretion and risk and you should obtain individual professional advice where necessary.
10. You acknowledge and agree that we have no responsibility or control over the contents of communications made between Website users, although you can make a complaint about another user by contacting our complaint and support team at firstname.lastname@example.org
12. We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
13. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the information on the Website itself will be free from errors or omissions.
14. We do not warrant that the Website will be available uninterrupted and in a fully operating condition.
15. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
16. Hallmark and/or Hallmark Group companies will not be liable for any damages, including without limitation 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 the Website.
Contributions to the website
18. If you take part in any competition operated on this website and submit any work (including any design, text, photograph, graphic, video or audio material) as part of such competition you thereby agree to the following terms:
18.1. In the event that your work is chosen as a winning entry (hereafter referred to as the “Winning Work”), Hallmark and Hallmark Group companies have the right to use the Winning Work throughout the world in any way whatsoever, including for commercial and non-commercial purposes, without requiring further permission from you. In particular, we may reproduce, modify, adapt, publish, translate, distribute, perform and/or play the Winning Work and incorporate the Winning Work in other works and in any media (whether now known or later developed) including the Internet. Hallmark and Hallmark Group companies are also entitled to sub-license use of your works to other parties.
18.2. This right to use the Winning Works will be exclusive for a period of two years commencing on the date when we send you notification that your work is a winning entry. (This means that neither you nor any other person may use the Winning Work for commercial purposes. After this two-year period, Hallmark and Hallmark Group companies will have a non-exclusive right to use your work for an indefinite period. This means that, in addition to Hallmark and Hallmark Group companies, you may use the Winning Work and may also permit others to use it but in doing so you must notify Hallmark and Hallmark Group of your intention.
18.3. In return for the rights granted under clauses 18.1. and 18.2. , in the event that your work is chosen by us as a winning entry, you will receive a one off payment of £200 (£500 is awarded for our New Designers Brief). No further payments or royalties will be due to you [unless we expressly agree so in writing].
18.4. Hallmark and Hallmark Group companies does not claim any rights of ownership in your Entry. As such, you retain ownership and copyright, although Hallmark and Hallmark Group companies will be able to use Entries as set out in clauses 18.1. and 18.2. Therefore unless your entry is selected as Winning Work, you will have the right to use your Entry in any way you choose.
18.5. If you do not want to grant Hallmark and the Hallmark Group companies the rights set out above, please do not submit your contribution to the Website.
19. Further to paragraph 18. by submitting your contribution to the Website, you:
19.1. warrant that your contribution;
19.1.1. is your own original work and that you have the right to make it available to Hallmark and Hallmark Group companies for all the purposes specified above and have obtained all necessary licences and/or approvals;
19.1.2. is not defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive, offensive, distressing or hateful or otherwise degrading or intimidating to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason; and
19.1.3. does not infringe any law; and
19.2. indemnify Hallmark and Hallmark Group companies and hold Hallmark and Hallmark Group companies indemnified against all legal fees, claims, damages and other expenses that may be brought against or incurred by Hallmark and/or Hallmark Group companies in relation to your breach or suspected breach of the above warranties; and
19.3. waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the purposes specified above.
20. Hallmark reserve the right not to announce a competition winner if the submitted work is not of a suitable standard or appropriate to the competition brief.
Links To And From Other Websites
21. We may provide links to other websites from time to time (via advertising or otherwise). These links are provided for your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party.
22. You may establish links to the Website provided: (a) You link only to the home page of the Website; (b) You do not remove or obscure, advertisements, the copyright notice or other notices on the Website; (c) You give us notice of such link by sending an e-mail message to us at email@example.com; and (d) You immediately stop providing links to the Website if notified by Us.
©Hallmark, Hallmark House, Bingley Road, Heaton, Bradford, BD9 6SD.