Terms & Conditions
Felicity Wishes Book Sample Competition
1.     Who can receive a free sample book?

We will send a free sample book to the first 1,000 applicants under 16 living in the United Kingdom who completes their details on-line, once we have their parent’s or guardian’s consent. So that we can ask for your parents or guardian’s consent please click here. Please note that the offer is limited to one sample book per household and is not open to immediate family members of employees of Hodder Headline.

2.     Closing date The closing date is 31st July 2005. We are sorry but we will not be able to send a free sample book if we do not receive your email for whatever reason by the closing date.

3.     Privacy Once we have received your parent's or guardian's consent, we may use your address, e-mail and other details included on the consent form to send you the free sample book and for the other limited marketing purposes which your parent or guardian has agreed to on the consent form. If we do not receive their consent within 60 days of contacting them requesting consent, then we will assume that they have not given consent and we will delete your details from our database.

4.     Alternative free sample book We reserve the right to substitute the Felicity Wishes sample book with a different sample book which we hope you will enjoy if we do not have any Felicity Wishes sample books in stock.



Terms & Conditions
General
1.     Your Agreement to the Felicity Wishes® Website User Terms.

The Felicity Wishes® website, URL: www.felicitywishes.net,  ("the Website") and any services provided to You from the Website, are owned and operated by Hodder Children’s Books (referred to in these User Terms as "Felicity Wishes®, We, Us, Our"). They are provided to You under these User Terms and any operating rules or policies that We may publish. We may update these User Terms from time to time without notice to You. The most current version of User Terms will be those that You can review at any time on the Website. We may also post on the Website from time to time, guidelines or rules applicable to any services that you may use from the Website ("Felicity Wishes® Services") and which will form part of these User Terms.

These User Terms comprise the entire agreement between You and Us governing your use of the Website and any Felicity Wishes® Services, unless stated to the contrary in relation to any specific service or transaction We offer on the Website, and supersede all prior agreements between You and Us regarding the subject matter contained in these User Terms.

Please note that We may offer You the ability to access other services from time to time from websites that are governed by different terms of services. These User Terms do not apply to such other websites and the goods and services they offer.

By entering your details on the web registration form you agree to receive email messages from Hodder Children's Books. You may unsubscribe at any time.

We won't share your details with any third party, ever.

2. The Website and Felicity Wishes® Services

We aim to provide You with access to a range of online information and resources relating to Felicity Wishes® which We believe will be of interest to You. Unless We state otherwise, any new or additional services We add to the Website will be subject to these User Terms.

You understand and agree that your access to the internet and the world wide web, in order to use the Website and any Felicity Wishes® Services, is at your risk and expense. You understand and agree that the Website and any Felicity Wishes® Services are provided "as is" and that We assume no responsibility for transmission, deletion, non-delivery or failure to store any communications transmitted by You.

You remain at all times responsible for providing any equipment necessary to establish your connection to the internet and the world wide web, and any costs associated with such access. We reserve the right to modify or discontinue the Website and any Felicity Wishes® Services with or without notice to You. We shall not be liable to You or any third party should we exercise our right to modify or discontinue the Felicity Wishes® Services.

You agree that any use by You of the Website, any Felicity Wishes® Services and any transaction by You in relation to the Website will be governed and construed under English Law and You agree to submit to the non-exclusive jurisdiction of the English Courts.

3. What do you agree to do when using the Website?


You agree that when using the Website and any Felicity Wishes® Services, You remain solely responsible for the contents of anything you send or transmit to Us, to the Website or through any Felicity Wishes® Services. You agree further not to reproduce, copy, sell, resell or exploit for any commercial purposes any part of, use of or access to the Website or any Felicity Wishes® Services.

You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Felicity Wishes®Content"), whether privately transmitted or publicly posted are the sole responsibility of the originator of that Felicity Wishes®Content. Therefore You agree that You and not Us, are entirely responsible for Felicity Wishes®Content that You post, email or otherwise transmit to Us, the Website or via any Felicity Wishes® Services.

You agree not to send or transmit through the Website or any Felicity Wishes® Services any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You agree further not to transmit any material that encourages conduct that could constitute a criminal offence or give rise to civil liability or otherwise breach any applicable law or regulation. You are not permitted to gain any unauthorised access to other computer systems.

You further understand that by using the Website and any Felicity Wishes® Services through no fault of Us, You may be exposed to offensive, indecent or objectionable content. Under no circumstances are We liable for any content, including, but not limited to, any errors or omissions in any content, or for any loss of damage of any kind incurred as a result of your use or any use of any content posted, emailed or otherwise transmitted by the Website or any Felicity Wishes® Services.

You agree that your conduct is subject to internet regulations, policies and procedures and that You will not transmit in any form any unsolicited or unauthorised materials of any kind and in whatever form, except where specifically authorised by Us.

You shall not interfere with any other user of the Felicity Wishes® Services and their use and enjoyment of the Felicity Wishes® Services or of similar services.

You agree to indemnify Us and Our affiliates, officers and employees for loss and damage resulting from any claim or demand (including reasonable legal costs and expenses), made by any third party arising out of or as a result of your use of the Website or any Felicity Wishes® Services, your breach of these User Terms, or the infringement by You, or any other user of the Felicity Wishes® Services using your computer, of any intellectual property or other right of any person or entity.

4. What do you agree about the content of the Website?


You acknowledge and agree that the Website and any Felicity Wishes® Services contain content relevant to Felicity Wishes® but that it is up to You to assess such content including Your reliance on the accuracy, completeness or usefulness of such content. You agree and acknowledge that content is provided for information purposes only, may be publicly accessible and that You rely on any such content at your sole and entire risk.

You acknowledge and agree that We may save and store content as We see fit, and may also disclose content if required to do so under any applicable laws. Where You have chosen to send content to Us so that we may post it to the Website, any such items are licensed by You to Us on a world-wide, royalty free and non-exclusive basis to reproduce, modify, adapt and publish such items on the Website for all purposes in connection with which such item was submitted by You to Us. This licence granted by You shall not be terminable.

5. What happens when We link to other websites.


We may provide, or third parties may provide links to other websites or resources. Such websites and resources will We believe be of interest to You, but We have no control over such sites and resources. You acknowledge and agree that We are not responsible for the availability of such external third party websites or resources and that We do not specifically endorse or bear any responsibility or liability for any specific product, content, advertising or other items on or made available by such websites or resources. You further acknowledge and agree that We are not liable, directly or indirectly, for any loss or damage caused by or in connection with use of or reliance on any such products, services, content or other materials available on or through any such website or resource.

6. Our proprietary rights and how You may use them


The Website, any Felicity Wishes® Services and any software used on or in connection with the Website and any Felicity Wishes® Services ("Felicity Wishes® Software") and the selection and arrangement thereof contain design, text, graphics, photographs, and other items which are proprietary to Us or to third parties and protected by applicable intellectual property and other laws. You agree that all such information and content presented to You by and through the Website and any Felicity Wishes® Services (or by advertisers) are the copyright of Hodder Children’s Books, or Our content and technology providers. Except as expressly agreed and authorised by Us or Our advertisers, You agree not to modify or deal with in any way any such information or Felicity Wishes® Software in whole or in part, anywhere in the world.

We grant you permission to electronically copy on your computer the Felicity Wishes® Software for the purpose of using the Website under these User Terms. You may print out pages from the Website in hard copy for the sole purposes of using the Website as resource for You. You are not permitted to use the Website and its contents for any other purpose or to modify, distribute, or republish it in any way.

7. OUR DISCLAIMERS AND LIMITATION OF OUR LIABILITY


YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ANY Felicity Wishes® SERVICES IS AT YOUR SOLE RISK AND LIABILITY AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND THE Felicity Wishes® SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES OF ANY KIND UNLESS EXPRESSLY SET OUT IN THESE USER TERMS ARE EXPRESSLY EXCLUDED AND DISCLAIMED, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE.

WE DO NOT WARRANT THAT THE WEBSITE OR ANY Felicity Wishes® SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR ANY Felicity Wishes® SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. NOR DO WE WARRANT IN ANY WAY THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF THE Felicity Wishes® SERVICES, THE ACCURACY OR RELIABILITY OF THE INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY Felicity Wishes® SERVICES, OR THAT DEFECTS IN THE Felicity Wishes® SOFTWARE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, DATA OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE WEBSITE OR ANY Felicity Wishes® SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THIS INCLUDES, WITHOUT LIMITATION, ANY SCREEN SAVER AVAILABLE TO YOU AS PART OF THE Felicity Wishes® SERVICES.

WE DO NOT WARRANT IN ANY WAY ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE OR ANY Felicity Wishes® SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE Felicity Wishes® SERVICES.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE OR ANY Felicity Wishes® SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE USER TERMS.

EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE AND TO THE FULLEST EXTENT PERMITTED AT LAW, WE SHALL UNDER NO CIRCUMSTANCES BY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM USE OR INABILITY TO USE THE WEBSITE OR Felicity Wishes® SERVICES, OR FOR THE COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR DATA STORED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR ANY Felicity Wishes® SERVICES OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER ITEMS OR MATERIALS AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU BECAUSE THEY ARE NOT PERMITTED IN CERTAIN JURISDICTIONS

8. How do We communicate with You?


All notices either to You from Us or from Us to You may be made either by email or by post and shall be in writing and shall be sent to the address of the recipient. This address shall be either your address as registered with Us or if the notice is to Us, at the contact details on the Website. All notices shall be in writing and where delivered by email shall be deemed to be served immediately, and if delivered by post shall be deemed served on the second working day after posting if served by first class post within the United Kingdom. The Website may also communicate to You notice of changes to the User Terms or other matters by displaying notices or links to notices to You generally on the Website.

If any of these User Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these User Terms and the remainder of the provision in question shall not be affected. No waiver by Us of any breach of these User Terms by You shall be considered as a waiver of any subsequent breach of the same or any other breach of the User Terms.

This section titles in these User Terms are for convenience only and have no legal or contractual effect.

 

9.  Competition Terms and Conditions

9.1. These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules (“Rules”) and apply to the Felicity Wishes® book competitions (Competition), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.

9.2. The Competition is organised by Hodder Children’s Books, a member of the Hodder Headline Group, 338 Euston Road, London, NW1 3BH

9.3. Rules specific to each Competition are displayed in a notice included on the www.felicitywishes.net/terms web page posting for such Competition (the Competition Notice) and are incorporated herein. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.

9.4. Hodder Children’s Books reserves the right to cancel or amend the Competition, the Competition Notice or these Rules at any time without prior notice. Any changes will be posted either within the Competition Notice or these Rules.

9.5. In the event of any dispute regarding the Rules, Competition Notice, conduct, results and all other matters relating to a Competition, the decision of Hodder Children’s Books shall be final and no correspondence or discussion shall be entered into.

Qualifying Entrants

9.6. To qualify to enter the Competition you must be resident in the United Kingdom.

9.7. Employees of Hodder Headline or any company involved in the Competition or any advertising agency or web company connected with Hodder Headline or any such person’s subsidiary or associated companies, agents or members of their families or households, are not eligible to enter the Competition. Hodder Children’s Books reserves the right to verify the eligibility of all entrants.

9.8. Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.

9.9. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.

9.10. Hodder Children’s Books assumes (and you warrant that) that by entering the Competition either you have legal capacity to enter the Competition and agree to the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the Competition and use of these Rules.

9.11. Hodder Children’s Books reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these terms and conditions.

9.12. In the event that any entrant is disqualified from the Competition, Hodder Children’s Books in its sole discretion may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.

9.13. By entering the Competition entrants agree to receive messages by email or post from Hodder Children’s Books. Entrants may unsubscribe from these messages at any time.

Competition Entries

9.14. Only one entry per person per Competition is allowed.

9.15. Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.

9.16. There is no purchase requirement to enter a Competition and there is no charge to register for use of the www.felicitywishes.net website.

9.17. Where an offer is made for participation in a Competition involving a premium rate telephone call, the Competition Notice will include details of the estimated length of the call and its anticipated cost, and any other guidance to which Hodder Children’s Books must adhere in compliance with ICSTIS rules.

9.18. Proof of posting cannot be accepted as proof of delivery. Hodder Children’s Books cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.

9.19. Entrants should note that unless stated otherwise, Hodder Children’s Books does not accept responsibility for the return of any Competition entries, including those consisting of artistic or other material.

Prizes

9.20. Unless otherwise specified in the Competition Notice, prize winners will be chosen at random from all qualifying entries within 28 days of the closing date specified in the Competition Notice. If appropriate, tie-breakers will be judged by Hodder Children’s Books and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and Hodder Children’s Books shall be final and no correspondence or discussion shall be entered into.

9.21. Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded.

9.22. Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.

9.23. Prizes are non-transferable and there is no cash alternative. Hodder Children’s Books reserves the right to substitute prizes of equal or greater value at any time.

9.24. Prizes are awarded at Hodder Children’s Books' discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.

9.25. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses, upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.

Intellectual Property Rights

9.26. In consideration of Hodder Children’s Books agreeing to consider entrants to the Competition, each entrant hereby assigns to Hodder Children’s Books the complete copyright and all other rights in any entry, which shall be for the full period of copyright. Hodder Children’s Books shall be free to assign such rights to third parties.

9.27. Furthermore, any information submitted by you must be personal to and relate specifically to you. You hereby warrant that the information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, Hodder Children’s Books reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

Liability

9.28. Hodder Children’s Books cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. Hodder Children’s Books is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude Hodder Children’s Books liability for death or personal injury as a result of its negligence.

Data Protection and Publicity

9.29. Winners may be requested to take part in promotional activity and Hodder Children’s Books reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.

9.30. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual’s prior consent.

Jurisdiction

9.31. The Competition and the terms and conditions of this agreement will be governed by English law.

How to contact us

9.32. You can contact us in relation to any competition by writing to Hodder Children’s Books, 338 Euston Road, London, NW1 3BH