NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Promoter: The promoter is Derwent, a trading name of ACCO UK Ltd., whose registered address is Oxford House, Oxford Road, Aylesbury, Buckinghamshire, HP21 8SZ.
2. Eligibility: The Derwent Procolour In-store Competition is open only to those who enter via Derwent.Competitions@acco.com and who are 16 years of age and above as of the date of entry. The competition is only open to legal residents of the United Kingdom, the prize can only be delivered to an address in the United Kingdom and is void where prohibited by law. Employees of Derwent (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the competition.
3. There is no entry fee and no purchase is necessary to enter this competition.
4. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Derwent, as final and binding as it relates to the content. The Derwent Procolour Competition is subject to all applicable local law and/or other regulation
5. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
6. Competition Period: Entries will be accepted on via Derwent.Competitions@acco.com starting on the 1st October 2019 and ending on the 31st December 2019. All entries must be received by 11:59PM GMT of the 31st December 2019. No further entries to the competition will be permitted.
7. How to Enter: Competition entry is via the Derwent.Competitions@acco.com. The competition must be entered by sending a photograph of a drawing using Derwent Procolour to Derwent.Competitions@acco.com with your name, address and contact details. The entry must fulfil all competition requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Derwent. You may enter only once, and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Derwent.
8. The submitted entry (the “Work”) must be original, created in Derwent Procolour pencil. The work must not exceed 182cms in its greatest dimension. There is no minimum size limit. The Competition is open to 2 dimensional works only. Any component part of the pencil can also be used in the creation of artworks. All entered work must have been completed within the last 3 years.
9. All winners will be required to send the original Work to Derwent Marketing, ACCO UK Ltd., whose registered address is Oxford House, Oxford Road, Aylesbury, Buckinghamshire, HP21 8SZ. The delivery of the work to this address is the responsibility of the artists.
10. The artist shall be responsible for all costs associated with creating the work.
11. By completing the entry form, the Artist agrees to Derwent collecting, retaining, processing, or otherwise utilising the Artist’s personal information solely for the purposes of processing the Artist’s entry to the competition, the promotion and administration of the competition. The Artist’s personal information will not be shared with third parties or otherwise processed for alternative purposes without the Artist’s consent. Please see the privacy statement detailed on www.derwentart.com
12. Whilst Derwent shall use reasonable skill in all circumstances in handling artists’ works, occasional damage to works may occur. Derwent shall have no liability whatsoever for any loss, damage or destruction (including loss of profits or any other consequential loss, indirect or incidental losses) to, or relating to, a work of art submitted unless such loss arises as a direct result of negligence by Derwent. Derwent’s total in connection with these conditions of entry (whether from negligence, tort, breach of contract or otherwise) shall not exceed the value as determined by an independent valuer selected by Derwent.
13. Each artist, by entering the Derwent Procolour Competition confirms that they hold all intellectual property rights in the work and that they have obtained prior written approval for the use of any third party copyrighted material contained in the submitted work.
14. Without prejudice to the within terms, Derwent recognises that the copyright in all works created by the Artist remains with the Artist, however it is a necessary condition of entry, and by so entering, the Artist hereby agrees to grant all irrevocable and worldwide necessary rights licences, approvals and authorisations to Derwent to include, inter alia, the Artist’s work in any footage recorded or captured during the competition, including the right to use such images for the promotion of the competition, exhibiting the work publicly, referring to the work on digital platforms in the control of Derwent, its affiliates or subsidiaries or parents, and for the avoidance of doubt, the Artist hereby grants the company with a non-exclusive, worldwide, royalty free licence to use and publish such footage or materials obtained or others materials in electronic format for purposes connected solely with the competition. Where further consent is necessary from the Artist, it shall not be unreasonably withheld.
15. For the avoidance of doubt, the Artist hereby warrants that they own the copyright to the competition entry and further warrant that the work contains no feature or aspect or material that constitutes a breach (or potential/anticipatory breach) of a third party’s intellectual property.
16. Prizes: First prize: One winner will receive a framed mounted print of their original artwork and an additional 20 mounted prints. They will also receive a Derwent Procolour 72 Wooden Box (RRP £179.99). Second prize: 20 selected winners will receive their artwork printed and mounted, and in addition a 36 Procolour Tin (RRP £75.10).
Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is non-transferable. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Derwent to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
17. Odds: This is a contest involving the application of skill and is not dependant on the numbers of eligible entries.
18. Winner selection and notification: the winner of the competition will be selected in accordance with the competition rulesc. The 1st and 2nd prizes will be selected after the 31st December and the winners will be notified via email by the end of January 2020 following the winner selection. Derwent shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 14 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited, and an alternate winner selected. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
The receipt by winner of the prize offered in this competition is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
19. Rights Granted by you: By entering this content you understand that Derwent, anyone acting on behalf of Derwent, the winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. The winner will be contacted by email and their contact details used only in reference to fulfilment of the Terms of the competition after which no correspondence will be entered into.
20. Terms: Derwent reserves the right, in its sole discretion to cancel, terminate, modify or suspend the competition should (in its sole discretion) a virus, bugs, non-authorised human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Derwent may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Derwent. Derwent reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. Derwent has the right, in its sole discretion, to maintain the integrity of the competition, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by competition rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the competition may be a violation of criminal and civil laws and should such an attempt be made, Derwent reserves the right to seek damages from any such person to the fullest extent permitted by law.
21. Limitation of Liability: By entering you agree to release and hold harmless Derwent and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the competition and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorised human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
22. Disputes: THIS COMPETITION IS GOVERNED BY THE LAWS OF ENGLAND AND WALES and the courts of England and Wales shall have exclusive jurisdiction. . As a condition of participating in this competition, participant agrees that any and all disputes which cannot be resolved between the parties, and, causes of action arising out of or connected with this competition, shall be resolved individually, without resort to any form of class action, exclusively before a court located in England and Wales having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this competition), and participant further waives all rights to have damages multiplied or increased.