Fjällräven Polar 2023 – Terms and Conditions of Participation

1. General 

The FP application process shall be carried out by Fjällräven International AB, Box 209, 89125 Örnsköldsvik, Sweden (“Fjällräven”). The option to apply for FP will be linked via the online platform Instagram, but is in no way sponsored, supported or organised by Instagram. Any questions, comments and complaints relating to the application must be addressed directly to Fjällräven and not to Instagram; this also applies to any claims in connection with the application. Anyone who meets the requirements of application/participation set out below and would like to get to know the Swedish and Norwegian Arctic wilderness in a special way may apply for FP.  

The application period starts on October 30^th at 17:00 CET and ends on November 19^th at 23:59 CET, hereinafter referred to as the “Application Period”. 

2. Application requirements 

To apply for participation in FP, an applicant must have a public Instagram account and be at least 18 years of age on the start day. Applicants who do not yet have an Instagram account can download the free Instagram app for either iPhone or Android users. 

The applicants acknowledge and agree that it is their responsibility to determine whether they are sufficiently fit and healthy enough to safely participate in FP. 

Application is possible exclusively online via the website https://experience.fjallraven.com/polar/2024  and is free of charge. 

Participation is independent of purchases and/or use of services. 

Insofar as an applicant is selected as a possible participant, it is a mandatory requirement for later participation in FP to complete the registration form and to agree to the Terms and Conditions of Participation. Applicants are therefore required carefully read and familiarise themselves with the Terms and Conditions of Participation prior to applying. The Terms and Conditions of Participation can be found here: link to T&C participation  

3. Application process 

Step 1. Fill out the application form on the Fjällräven Experience Hub  

To apply for Fjällräven Polar 2024, applicants must first fill out the application form with basic information about themselves, including personal data as well as their Instagram account name (the application form will be available October 30^th, 2023 at 17:00 CET). The application must in each case be finalised using the appropriate button so that the data can be transmitted correctly. 

Note: This step is mandatory – applications will only be processed and taken into consideration on the condition that this step has been completed.  

Step 2. Complete three challenges via Instagram  

After applicants have filled out and submitted the application form, they need to respond to three weekly challenges to complete their application. The respective challenges will be sent to the applicants by email to the email addresses the applicants provide in the application form. They will also be published on Fjällräven’s official Instagram account and uploaded on the Fjällräven Experience Hub as of 30th October.    

4. Content standards and House Rules 

The following content standards and “house rules” shall apply in respect of completing the tasks. Applicants´ submissions must not: 

1. contain any statement/information/material which is defamatory of any other person 

2. contain any statement/information/material which is obscene, offensive, hateful or inflammatory (or of a sexually explicit nature)  

3. be likely to deceive any person 

4. be likely to harass, upset, embarrass, alarm or annoy any other person 

5. show or encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age 

6. 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. 

If any submission breaches the house rules or any applicable law, Fjällräven reserves the right to take down, remove or delete (where possible) any such content and in any event, such content (and the applicant who posted it) shall be disqualified from the application process. Fjällräven reserves the right to pass on any concerning content to the relevant authorities. 

In case the tasks require applicants to upload a photo, imagery, text, or video, the applicants warrant and undertake that they are the legal and beneficial owner of all intellectual property rights in their photo, imagery, text, or video and that it is their own original work and does not infringe any third-party rights. Applicants hereby waive and agree not to assert any moral rights in and in connection with the photo, imagery, text, or video. 

All humans pictured in the photo, imagery or video must agree to be featured and for the photo, imagery or video to be submitted via Instagram, and must also waive and agree not to assert any applicable moral or similar rights. Also, they must agree to the photo, imagery or video being entered in the application and the applicants warrant that applicable consents have been obtained. These statements also extend to the Instagram platform used. 

5. Rights of use  

By uploading a photo, imagery, text, or video, the applicant agrees that the photo, imagery, text, or video may be shown at the Winners’ Announcement Event, displayed on the Fjällräven website and/or Instagram account and may be used for promotions and PR/marketing purposes in the course of trade. The applicant also acknowledges that the photo, imagery, text, or video may be shared amongst other users/visitors of Fjällräven’s website and Instagram account or that screenshots of the photo, imagery, text, or video may be taken during the Winners´ Announcement Event by other participants of that event. Fjällräven shall not be responsible for any further use of the uploaded photos, imageries, texts, or videos on pages outside of Fjällräven’s website and social media accounts after they have been published on these sites or shown at the Winners´ Announcement Event.  

By submitting the photo, imagery, text, or video, applicants grant Fjällräven and the companies associated with Fjällräven an irrevocable, transferable, worldwide, temporally and locally unrestricted, free of charge right of use covering all methods of use, in particular the use, distribution, reproduction, translation and modification of the photo, imagery, text, or video and any accompanying text for commercial purposes by Fjällräven. 

6. Execution  

After the expiry of the Application Period on November 19^th, 2023, the potential participants will be selected by a jury appointed by Fjällräven. Fjällräven will review all submitted applications and completed challenges and will select the winners based on the following criteria: 

• Completion of all challenges 
• Staying true to the challenge 
• Capacity to inspire others, which will be evaluated on: 

• Creativity (artistic, photographic and promotional aspect) 
• Reach and distribution based on number of posts, and engagement on posts posted. 

The jury-selected applicants have the option to participate in FP 2024. 

The opportunity to participate cannot be assigned to a third person or to a later year. 

7. Notification 

The possible participants shall be notified by Fjällräven via phone or email on December 12^th between 12:00-18:00 CET. Additionally, the possible participants will be announced during a Winners’ Announcement Event which will take place on December 11^th at 16:00 CET. If a selected participant does not confirm the participation by completing the registration form by December 17^th, the opportunity to participate shall be null and void. In this case, Fjällräven will select another applicant who shall then have the opportunity to take part in FP. The relevant due dates for confirming the participation will be communicated in this notification email as well as in the Winners´ Announcement Event. 

Applicants who are not selected for the option to participate in FP will also be notified. 

8. Exclusion from participation 

Employees of Fjällräven and of affiliated companies as well as their family members and relatives are excluded from participation. Persons who submit incorrect personal data are excluded from participation.  

9. Premature termination of the application phase 

Fjällräven is entitled to terminate the application phase at any time during the application period without prior announcement and without stating reasons. This applies in particular in cases in which it is necessary to end the application process prematurely for organisational or legal reasons or due to a cancellation of FP for compelling reasons as well as cases of force majeure – including war, the COVID-19 pandemic, a pandemic, epidemic, governmental restrictions resulting from the COVID-19 pandemic, pandemic, epidemic, political tensions, fire, bad weather, burglary and strike action. 

10. Limitation of liability 

Fjällräven is not liable for damages that could arise in the application as a result of errors, delays or interruptions in transmission, in case of disruptions in technical equipment and the service, incorrect content, loss, unauthorised disclosure and/or erasure of data, or as a result of viruses or otherwise. Damages which are caused by Fjällräven or its vicarious agents with intent, gross negligence or through the breach of cardinal duties, as well as damages resulting from injury to life, body or health, are not included in the above exclusion of liability.  

11. Final provisions 

If there is reason to assume that an applicant or a third party is attempting to manipulate the course of the application through fraud, deception or deceptive and unsporting actions, Fjällräven reserves the right to exclude the person/persons concerned from the application process at its own discretion. Complaints about the execution of the application must be sent to Fjällräven in written form within 14 days after the problem appeared. The selection of potential participants and the result are final. There is no legal recourse available. 

The application is carried out exclusively in accordance with Swedish law, regardless of the location/country in which an applicant applies, unless otherwise prescribed by mandatory statutory provisions. 

Should individual provisions be invalid or unenforceable, the remaining provisions shall remain valid. 

Data protection Statement Fjällräven Polar Application 

a) Controller within the meaning of data protection law is: 

Fjällräven International AB, Box 209, 89125 Örnsköldsvik, Sweden  

The company’s data protection officer can be reached at Privacy@fenixoutdoor.com  

b) Collection and processing of your personal data 

We process the following data from you if you participate in the application process: 

o First name 

o Surname 

o E-mail 

o Data obtained from your Instagram account  

o Age 

o Nationality 

Personal data will be collected if you voluntarily communicate this to us in the course of your application to FP according to our Terms and Conditions. Which data is collected can be seen above and is additionally apparent from the respective input forms.  

In the course of your application, we will collect and store your data exclusively for the purpose of managing the application process as well as for communicating with you including providing you with the respective challenges and notifying the winners. You determine the exact scope of the storage of personal data by means of the information provided to us. Information not highlighted as mandatory field is used to learn more about you. Personal data is no longer processed than necessary to fulfil the purpose for which it was obtained (execution of the application process and participation in FP), unless you request deletion of it any time before.  

The legal basis for data processing is Article 6 (1) Sentence 1 (b) GDPR. Pursuant to Article 6 (1) Sentence 1 (b) GDPR, personal data may be processed if this is necessary for the performance of a contract or for the performance of pre-contractual measures. By accepting our Terms and Conditions, a contractual relationship is established. This includes the execution of the application process as described in more detail in the Terms and Conditions. 

o Photos, imagery and videos 

The photos, imagery and videos submitted might be used for marketing purposes as well as for communicating Fjällräven’s activities. The publication of photos, imagery and videos on Fjällräven’s website/Facebook/Instagram accounts or similar is required for the public relations of Fjällräven, for the marketing of its products and thus serves the legitimate interests of the parties concerned, Art. 6 (1) Sentence 1 (f) GDPR. 

c) External Instagram analytics tool 

We use an external Instagram analytics tool, provided by Dash Hudson Inc, 1668 Barrington Street, 6th Floor, Halifax, Nova Scotia, CANADA (“Dash Hudson”). The functions provided by Dash Hudson enable us to evaluate your Instagram activity. It is a client management tool which collects and presents the messages, comments and posts in reply to our tasks in a clear and efficient way, allowing us to analyse said messages, comments and posts quickly. 

We engage the external Instagram analytics tool on the basis of our legitimate interests pursuant to Art. 6 (1) Sentence 1 (f) GDPR in the use of a secure tool that enables us to manage and analyse multiple Instagram accounts in an efficient manner. 

The data processed by Dash Hudson may include all data obtained from your Instagram account that is publicly accessible but specifically, such data which you have submitted in the course of completing our tasks will be collected. As a minimum, your IP address will be transmitted to Dash Hudson. 

Kindly note that the data processing by Dash Hudson might be carried out in the USA. 

To protect your information in the United States, we have entered into a data processing agreement with Dash Hudson based on the standard contractual clauses of the European Commission to allow the transfer of your personal information to Dash Hudson and with which we oblige Sprout Social to protect your data and not to pass it on to third parties. 

Further information can be found in the privacy policy of Dash Hudson https://www.dashhudson.com/privacy  

d) External communication service provider 

We use an external communication service provider, Emarsys eMarketing Systems AG Märzstrasse 1, A-1150 Vienna (“Emarsys”), through whom the sending of e-mail communication with regard to the FP application process, including the sending of the challenges, will be carried out. 

We engage the external communication service provider on the basis of our legitimate interests pursuant to Art. 6 (1) Sentence 1 (f) GDPR to provide you with an effective and secure email system.  

The data processed by the Emarsys includes personal data such as name and email address and is stored on Emarsys servers in the EU. 

We have concluded a data processing agreement with Emarsys, with which we oblige Emarsys to protect our participants' data and not to pass them on to third parties. 

You can find more information on Emarsys below under f) as well as in Emarsys´ privacy policy at: https://emarsys.com/privacy-policy/  

e) Newsletter 

With your consent, you can subscribe to our newsletter, with which we provide regular information about our current offers, as well as our Fjällräven goods and events. 

We use the so-called double opt-in procedure to sign up for our newsletter. This means that we send you an email to the email address provided after you have registered, in which we request confirmation that you want to be sent the newsletter. If you do not confirm your registration, you will not receive our newsletter and we will not save your email address. Moreover, we store the IP addresses used and times of registration and confirmation. The purpose of the procedure is to verify your registration and, where applicable, be able to clear up a possible misuse of your personal data. 

It is only mandatory to provide an email address in order to receive the newsletter. After your confirmation, we save your email address for the purpose of sending you the newsletter. The legal basis is Art. 6 (1) Sentence 1 (a) GDPR. 

You can withdraw your consent to being sent the newsletter at any time and unsubscribe from the newsletter. The withdrawal can be declared by clicking on the link provided in each newsletter email or through a message sent to the contact details provided in the legal notice of www.fjallraven.com.  

f) External service provider to display social media content on our website 

We use the “Flowbox” service of Floxbox AB, Riddargatan 17 D, 114 55 Stockholm, Sweden (hereinafter “Flowbox”) to embed your #FjallravenPolar2024 posts on your Instagram channels onto the homepage of our website.  

When embedding your social media content, we process the photo or video you posted and your username of the respective social media platform. We process your personal data to make our website more interesting and to allow our website visitors to interact with the social media profiles of other enthusiasts and applicants. The processing of personal data for the embedding of your social media content is based on your consent – see Section 5 (Art. 6 (1) Sentence 1 (a) GDPR). 

We also use Flowbox to provide you with social media content on our website. However, we only embed the Flowbox widget on our website after you have consented to the use of Flowbox or to the setting of cookies by Floxbox. 

The processing, i.e., the activation of Flowbox to display the social media content as well as the setting of cookies by Flowbox, takes place exclusively on the basis of your consent given in the cookie banner for the use of Flowbox (Art. 6 (1)(a) GDPR). 

Further information on data processing can be found in Flowbox’s privacy policy at https://getflowbox.com/privacy/  

g) External newsletter service provider 

The sending of newsletters is also carried out via the technical service provider Emarsys eMarketing Systems AG Märzstrasse 1, A-1150 Vienna (“Emarsys”), to whom we pass on the data you provided when you registered for the newsletter. This transfer takes place in accordance with Art. 6 (1) Sentence 1 (f) GDPR and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. The data you enter for the purpose of receiving the newsletter (e.g., email address) is stored on Emarsys servers in the EU. 

Emarsys uses this information to send and statistically evaluate the newsletter on our behalf. For the evaluation, the emails sent contain so-called web beacons or tracking pixels, which represent one-pixel image files that are stored on our website. In this way it can be determined whether a newsletter message has been opened and which links have been clicked. With the help of so-called conversion tracking, it can also be analysed whether a previously defined action (e.g., purchase of a product on our website) has taken place after clicking the link in the newsletter. 

Technical information is also recorded (e.g., time of access, IP address, browser type and operating system). The data is only collected in a pseudonymised form and is not linked to your other personal data. A direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients. 

If you would like to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter. 

We have concluded a data processing agreement with Emarsys, with which we oblige Emarsys to protect our participants' data and not to pass them on to third parties. 

You can view Emarsys' privacy policy here: https://emarsys.com/privacy-policy/   

h) Recipients of the personal data 

All processors who are engaged to perform services have been carefully selected, support us and are strictly bound by instructions and only obtain access to your data for the scope and the time period required to perform the services, or for the scope in which you have consented to the data processing and use.  

These are the following parties: 

• Service providers of ours, including processors, such as Dash Hudson, Flowbox and Emarsys  

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this only takes place if it occurs for the fulfilment of our (pre)contractual obligations, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means, for example, processing is carried out on the basis of special guarantees, such as compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”). 

We can also pass on the data of the participants to other companies of the Fenix Outdoor Group within the EU in order to use the data in accordance with this privacy policy, in particular to our European affiliate Fenix Outdoor E-com AB, the company responsible for the Fjällräven website. 

The legal basis for passing on your data to other companies of the Fenix Outdoor Group is Art. 6 (1) Sentence 1 (f) GDPR, Fjällräven has a legitimate interest for marketing or promotional purposes. 

Additionally, submitted photos may be uploaded on Fjällräven’s websites and social media accounts for marketing purposes which is a legitimate interest of Fjällräven according to Art 6 (1) Sentence 1 (f) GDPR. 

You have the right to object at any time to such sharing. To exercise this right, you may at any time contact Fjällräven as provided in this Data Protection Statement. 

i) Duration of storage 

Once the application is completed, we will erase the applicant data we have stored relating to you. The data for the selected potential participants will be stored until the expiry of statutory retention and limitation periods.  

In the event applicants subscribe to our newsletter – and subject to a withdrawal of the consent of the people concerned – the email address of the people concerned will be stored for the specific purpose until they withdraw their consent or until we decide to stop sending out the newsletter. 

j) Your rights as data subject 

You have the following rights against us regarding the personal data concerning you: 

– right of access 

– right to correction or erasure 

– right to restriction of the processing 

– right to object to the processing 

– right to data portability. 

You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us. The competent supervisory authority is:   

Swedish Data Protection Authority (Integritetsskyddsmyndigheten), Integritetsskyddsmyndigheten, Box 8114, 104 20 Stockholm, Sweden, Phone: +46 (0) 8 657 61 00, E-mail: imy@imy.se, https://www.imy.se/en/individuals/forms-and-e-services/file-a-gdpr-complaint/  

You can also contact the data protection officer if you need help in exercising your rights against us. The data protection officer is bound to secrecy. 

k) Objection to or revocation of consent to the processing of your data 

If you have granted consent to the processing of your data, you can withdraw your consent at any time. Such a withdrawal affects the admissibility of the processing of your personal data after you have expressed it to us. 

Insofar as we base the processing of your personal data on our legitimate interests, you can object to the processing. When making such an objection, we request that you set out the reasons why we should not have processed your personal data as we did. In case your complaint is justified, we shall review the circumstances and shall either suspend or adjust the data processing or show you our compelling grounds for protection, on the basis of which we continue the processing. To exercise your right of withdrawal or objection, please contact Privacy@fenixoutdoor.com   

Otherwise, the principles of data protection at our website https://www.fjallraven.com/eu/en-gb/legal/data-protection apply.