Terms & Conditions

#5THSEASONFRUIT PHOTO COMPETITION TERMS & CONDITIONS

1. These terms and conditions are for the 5th Season #5thSeasonFruit photo competition. By entering this Competition, entrants agree to be bound by these Rules.

2. The Competition is organised by Project Paradise B.V. – Kingsfordweg 151, 1043 GR Amsterdam, The Netherlands.

3. You must be a resident of the UK to enter the competition.

4. The competition is free to enter.

5. Entrants must be aged 18 years or over.

6. Only one entrant per household is permitted.

7. To enter you must use @5thSeasonFruit and #5thSeasonFruit, uploading a picture featuring a pack of 5th Season snacks to Twitter or Instagram.

8. Ten winners will be drawn at random from entries made.

9. Ten further winners will be chosen independently, judged based on the creativity and originality of the pictures submitted to the competition.

10. No entrant may win more than one prize.

11. Project Paradise B.V. cannot accept responsibility for or liability arising from participants taking part in the Competition.

12. The winners will each receive, unless otherwise stated, 5 boxes (30 packs) of 5th Season Strawberry & Yoghurt squares. The prize is non-transferable and no alternatives will be offered.

13. Entry must be made before 23:59 BST on 31/10/17. The draw and judging process will be made within 5 days of the competition closing.

14. The winners will be notified, via direct messaging on Twitter or Instagram, within 7 days of the competition closing.

15. The winners agree to take part in reasonable post event publicity and to the use of their names and photographs in such publicity. The winners agree to allow their photo entry to be featured in 5th Season social media and on the 5th Season website.

16. If a winner fails to respond and/or to give a valid UK address within 7 days of this notification, or declines their prize, a redraw will take place from the remaining valid entries to select a new winner. If any winner declines their prize, or fails to respond within the required period, they forfeit any right to the prize.

17. Employees of Project Paradise B.V., its suppliers, agents, distributors and their immediate families are not eligible to enter.

18. The prize draw is governed by the laws of England.

19. The Competition may be modified or withdrawn at any time.

 

 

5th SEASON TWITTER COMPETITIONS TERMS & CONDITIONS

1.  These terms and conditions are for 5th Season Twitter competitions. By entering this Competition, entrants agree to be bound by these Rules.

2.  The Competition is organised by Project Paradise B.V. – Kingsfordweg 151, 1043 GR Amsterdam, The Netherlands.

3.  You must be a resident of the UK to enter the competition.

4.  The competition is free to enter 

5.  Entrants must be aged 18 years or over. 

6.  Only one entrant per household is permitted.

7.  One winner will be chosen from entries made over all competitions in that calendar month.

8.  The winner will receive, unless otherwise stated, 5 boxes (30 packs) of 5th Season product. The prize is non-transferable and no alternatives will be offered.

9.  Entry must be made before 23:59 BST on the last day of the calendar month in which the competition was posted. The draw will be made within 5 days of the competition closing.

10. The winner will be chosen at random and notified, via direct messaging on Twitter, within five days of the draw date.

11. The winner may be asked to take part in applicable publicity.

12. If a winner fails to respond and/or to give a valid UK address within 7 days of this notification, or declines their prize, a redraw will take place from the remaining valid entries to select a new winner. If any winner declines their prize, or fails to respond within the required period, they forfeit any right to the prize.

13. Employees of Project Paradise B.V.  its suppliers, agents, distributors and their immediate families are not eligible to enter.

14. The prize draw is governed by the laws of England 

15. The Competition may be modified or withdrawn at any time.

 

WEBSITE TERMS & CONDITIONS 

1. Introduction

Use of www.5thseasonfruit.com (the "Site") and the services provided via it  are conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with the Site.  If you do not agree with these terms and conditions you must not use our Site.  We recommend that you print a copy of these terms and conditions for future reference.

The Site is provided by Project Paradise B.V (“we”/ “our”/ “us”).  We are registered in The Netherlands under company number 65387562 and have our registered office at Kingsfordweg 151, 1043 GR, Amsterdam, The Netherlands.  Our main trading address is Kingsfordweg 151, 1043 GR, Amsterdam, The Netherlands.  Our VAT number is NL856092071B01.

To contact us, please email hello@5thseasonfruit.com.

These terms and conditions and our Privacy Policy, (together the “User Agreement”) form our entire agreement with you in respect of your non-chargeable use of the Site and supersede any prior agreement or arrangement with you in respect of the Site. If a company name is inserted in your registration request, then the User Agreement shall be between us and that company and accordingly unless the context otherwise requires, references to "you" and "your" in this User Agreement shall also be to that company.

If there are any updates to the User Agreement we will bring these to your attention on the home page of the Site. We reserve the right to change the terms and conditions from time to time, and your continued use of the Site (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of the terms of the User Agreement and that they comply with them.

 

2. Availability of the Site

We will endeavour to ensure that the Site is available 24 hours per day without any interruptions. However, we do not guarantee that the Site, or any content on it, will always be available or be uninterrupted and we reserve the right to make the Site unavailable at any time or to restrict access to parts or all of the Site without notice.

The Site is a general information service. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.  We will endeavour not to make it misleading, but we make no representations, warranties or guarantees, whether express or implied, that the information accessible on or via the Site is accurate, not-misleading, complete or up to date.

 

3. Use of the Site

The Site is designed for your personal, non-commercial use and you must not use it in any other way without our prior written consent. You may print off one copy, and may download extracts, of any pages(s) from the Site for your personal reference only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell the Site or any materials or information in the Site or the structure, overall style and program code of the Site without our prior written consent. If you wish to make a request for consent, please contact hello@5thseasonfruit.com.  If you print off, copy or download any part of the Site in breach of these terms and conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We do not guarantee that our Site will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the User Agreement.

 

4. Your Contributions 

You agree to only use the Site for lawful purposes and that any information that you provide in connection with, or which forms part of, the Site will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term.

This Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values and you should exercise caution before acting or otherwise relying upon any information you obtain via the Site.

 

5. Links

The Site may include links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. You may link to the home page of the Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you.  We reserve the right to withdraw linking permissions without notice.

 

6. Data Protection 

It is your responsibility to ensure that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using the Site. We comply with all applicable Data Protection laws in the UK. For a description of how we use your personal data, please see our Privacy Policy.

 

7. Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. The Site, its style and structure, and the materials and information on the Site are protected by copyright and other intellectual property rights around the world.  All such rights are reserved and may not be used by you except as expressly provided in this User Agreement. The authors of the documents on the Site assert their moral rights.

5th Season is a trade mark of Project Paradise B.V. and you are not permitted to use it without our prior written approval, unless it is part of the material you are using as permitted under section 3 of these terms and conditions.

 

8. Our Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply.

Since the Site is both free and available to all, it is a condition that your use of the Site is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our Site. We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any such reliance placed on such materials by any visitor to our Site,

Except as expressly provided in this User Agreement, we exclude all  representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.

Save as provided below and to the extent permitted by law, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the Site for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.

Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the Site shall be limited to £50.

 

9. Small Print

Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by English law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the English courts. Nothing in this User Agreement affects your statutory rights as a consumer.

 

10. Complaints

If you believe that your intellectual property or other rights are being infringed by the Site, or if you are dissatisfied with the Site or any aspect of our service, in the first instance please contact hello@5thseasonfruit.com