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Fjällräven Polar 2023 – Terms and Conditions of Participation

Fjällräven Polar (“FP”) is a winter adventure north of the Arctic Circle. It offers a unique opportunity for those of you who have not spent much time outdoors during the winter to go on the adventure of a lifetime. You will be given a chance to navigate a dog sled on your own in what appears to be inhospitable wilderness – across barren tundra and frozen lakes and through mountain forests weighted with snow. You will spend nights in a tent or under the open sky, perhaps accompanied by the northern lights. The journey starts at Jukkasjärvi area in Swedish Lapland and finishes at the edge of the Norwegian fjords in Signaldalen.

These Terms and Conditions of Participation govern the legal relationship between participants and the organiser, Fjällräven International AB, Box 209, 89125 Örnsköldsvik, Sweden (“Fjällräven”). 

1. Participation 

a) By participating in the application procedure, however latest by confirming the registration for FP, the participant acknowledges and accepts these Terms and Conditions of Participation. Participant is in these Terms and Conditions of Participation will be referred to as “you” or “participant”.   

b) By completing the registration form, the participant agrees that his/her data may be used for all formalities associated with FP. Fjällräven reserves the right to exclude a participant from the event at any time if i) he/she provided intentionally false information regarding his/her personal data and/or cheated in the application procedure ii) there is justified suspicion that the participant is not in the position to participate in the FP or iii) there is justified suspicion that the participant has committed an offense.   

c) Fjällräven will organise the participants’ journey and bear the participants´ travel expenses, from the closest international airport. Also, Fjällräven will provide the participant with the equipment needed for the event free of charge. Any private taxes due because of the participant’s participation in FP shall be borne by the participant. The participant is responsible for ensuring that he or she has a valid passport, visa and/or other necessary travel documents at the participant’s expense. 

d) Entitlement to participate may not be reassigned to a third party.  

2. Requirements for participation 

a) Participants must be at least 18 years old. Any and all personal details provided must be true and accurate.  

b) Fjällräven shall not be liable for health risks associated with the participant's participation in FP. The participant acknowledges and agrees that it is their responsibility to determine whether they are sufficiently fit and healthy to safely participate in FP, if necessary, after having consulted a medical doctor.  

c) Due to the COVID-19 pandemic, it might be possible that participation in events is subject to compliance with local, governmental requirements, such as being fully vaccinated or recovered from Covid. Fjällräven will do its utmost to inform the participants in due time. Since there may still be short-term changes in the regulations, the participants acknowledge and agree that it is their responsibility to check the local, governmental participation requirements for events prior to starting the journey to Sweden. In case the participant is not able to participate due to the aforementioned, local, governmental requirements, all participant claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and noneconomic) - on whatever legal basis – are excluded.  

d) Due to the COVID-19 pandemic, also country-specific travel restrictions might be in place for entry into Sweden as well as for returning from Sweden to the participants return destination. Country-specific travel and security advice is available at https://reopen.europa.eu/en/.  Thus, whether participation and the related journey is possible depends on local rules and the participants acknowledge and agree that it is their responsibility to check the entry and return regulations prior to a) participating in the application procedure for FP and b) prior to starting the journey to Sweden. Fjällräven assumes no liability in case the participant is not able to participate due to country-specific travel restrictions irrespective of when they come into force. 

e) The participant declares his/her willingness to actively participate in FP and the preparations before the event, during the event itself, and after the event.  

f) The participant agrees to comply with Fjällräven’s or the guides´ rules, instructions and guidelines during the event. Fjällräven reserves the right to exclude the participant with immediate effect, if the participant does not comply with such rules, instructions and guidelines. The participant will not receive any compensation for his/her participation in FP, except for any compensation that has been explicitly agreed in writing in advance between the parties.  
 

3. Exclusion of liability  

a) The participant shall be solely responsibility for his/her decision as to whether or not he/she should participate in FP. Notwithstanding anything contained in these Terms and Conditions of Participation to the contrary Fjällräven shall not be liable, including but not limited to negligence or otherwise, for any direct, indirect, special, consequential damages or personal damages or losses whatsoever, such as but not limited to loss of revenue, loss of use and costs of capital.  

b) Fjällräven can change, delay or cancel FP if Fjällräven believes the conditions to be unsafe. Moreover, Fjällräven reserves the right to cancel FP for compelling reasons as well as cases of force majeure – including but not limited to war, the COVID-19 pandemic, a pandemic, epidemic, governmental restrictions resulting from the COVID -19 pandemic, a pandemic, epidemic, political tensions, fire, bad weather, burglary and strike action. In case of an aforementioned cancellation, all participant claims, including the claim to participate at a subsequent Fjällräven Polar event, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and noneconomic) - on whatever legal basis - in connection with the event are excluded.  

c) Fjällräven assumes no liability for health risks of the participant in connection with participation in the event including health risks resulting from the COVID-19 pandemic.  

d) Fjällräven is not liable not least for damages to property and finances caused by gross negligence; this limitation of liability does not include damages that are based on the culpable breach of a contractual cardinal obligation of Fjällräven, and personal injuries (injuries to life, body or health of a person). The aforementioned limitations of liability also extend to the personal liability for damages of the employees, representatives, vicarious agents and third parties, who are employed by Fjällräven in connection with the execution of FP, or with whom Fjällräven is contractually bound for this purpose.  

e) Should it be necessary to medically treat the participant during FP the participant agrees to this in advance. Medical services and/or helicopter transportation in case of an accident, personal injury or other damage are not included and the associated costs will not be borne by Fjällräven but will be billed directly to the participant according to the customary rates. Fjällräven does not provide any insurance cover for medical treatment and is also not obligated to do so. The participant is responsible for having sufficient insurance cover for medical treatment. Fjällräven’ s liability for this is excluded.   

  • EU/EEA/Swiss members should be able to show their citizenship and are recommended to carry their European Health Insurance Card to avoid costs for any emergency medical care or transportation.  
  • Non EU/EEA members are solely responsible for having adequate health insurance covering emergency medical care and transportation. 

f) Fjällräven assumes no liability for lost property belonging to the participant. Fjällräven assumes no liability for itself or for third parties commissioned by Fjällräven for effects kept safe free of charge for the participant; Fjällräven’ s liability for gross fault in selecting third parties remains unaffected by this. 

g) If participants declare that they do not want to or are not able to participate in FP or do not exercise their right to participation (“no show”) for whatever reason, Fjällräven understands this declaration or this behavior - regardless of whether the participants are entitled to do so - as a final waiver of the right to participation in FP. In such an event all participant claims, including the claim to participate at a subsequent Fjällräven Polar event, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and noneconomic) - on whatever legal basis - are excluded.  

4. Filming and photo shoots 

The participant is aware that he/she is filmed and photographed on behalf of Fjällräven at FP. Fjällräven reserves the right to store, process and publish photos, interviews and video recordings taken of the participant in connection with his/her participation (“Material”) unrestrictedly in terms of time and place, in both printed and digital form, for public relations purposes as well as the purpose of marketing Fjällräven’ s products as well as Fjällräven’ s activities. The Material is intended to be published free of charge, on the website of Fenix Outdoor E-com AB an affiliated company of Fjällräven, in Fjällräven’ s print material and on Fjällräven’ s social media accounts (Facebook/Instagram/YouTube).  

Also, Fjällräven reserves the right to display the participant's name and picture when using the Material and the result of the participant's participation. 

5. IP rights 

a) All rights of every kind and nature whatsoever in and to all results of the participant's performances (“Result”) shall be and remain the sole and exclusive property of Fjällräven, including, without limitation, the perpetual and irrevocable right and license to use, alter, modify, duplicate, exploit and re-use the Result in any manner whatsoever and at any time in any part of the universe, including advertising, publicising, exhibiting and exploiting FP and/or Fjällräven or any of its affiliate companies and their products.  

b) All rights of every nature whatsoever in and to all still pictures, motion pictures, videotapes, digital videos, photographs and sound recordings made under these conditions, shall be owned by Fjällräven and its successors, assigns and licensees.  
The participant waives any of their moral rights (Swedish: ideella rättigheter) under Section 3 of the Swedish Copyright Act to the widest extent possible. Accordingly, Fjällräven may solely and at its own discretion decide how the Result and Material shall be used, altered and presented; including, but not limited to, editing, panning, scanning, cutting, compression, decompression, changes in aspect ratio, speed at which the work is exhibited or performed, dubbing, subtitles, digital modification or enhancement, interruption of commercial or other breaks, changes between analog and digital, combination with advertisement, and product placement and embedded marketing.  
Fjällräven shall have the right to assign, license or otherwise transfer, in whole or in part, any and all of its rights under these Terms and Conditions of Participation to any person, firm, corporation or other entity without the approval of the participant.

6. Participants´ material 

It is the sole responsibility of the participant to ensure that material (in particular but not limited to images, videos and texts) which the participant posts on social media sites) is lawful and does not infringe any third parties´ rights. In addition, the participant exempts and will hold Fjällräven harmless from any and all third-party claims asserted against Fjällräven based on the aforementioned participant's material.  If the participant acquires a copyright or any other right in relation to the material published by him/her, the participant grants Fjällräven the exclusive, irrevocable, temporally and geographically unlimited right to use this material as well as translations and other edits or conversions thereof as well as the right to transfer the material to affiliated companies. 

7. Final provisions 

The FP is carried out exclusively in accordance with Swedish law, regardless of the location/country a participant comes from, unless otherwise prescribed by mandatory statutory provisions. 

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

Release and waiver of liability 

I hereby acknowledge that the participation in Fjällräven Polar (hereinafter “FP”) being permitted by Fjällräven International AB (hereinafter “the Event Organiser”) is on a voluntary basis. 

Furthermore, I hereby acknowledge and assume all of the risks of participating in FP. I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in FP. I certify that I have not been advised against participation in FP by any healthcare provider and that I have no physical or medical condition that would endanger myself or others if I participate in FP. I accept responsibility for my conduct in connection with FP including the proper and continuous use of the equipment provided by the Event Organiser. I also assume any and all other risks associated with participating in FP, including but not limited to the following: the dangers arising from riding on a sled, possible dangers in connection with animals, collisions with other sleds, croppers, surface hazards, equipment failure, risks resulting from the weather conditions such as but not limited to frostbites and snow blindness.  

I WAIVE, RELEASE, AND FOREVER DISCHARGE

Fjällräven International AB, the event guides, all other persons or entities involved with FP and each of their respective parent, subsidiary and affiliated companies, directors, managers and board members (individually and collectively, the "Released Parties"), from any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and noneconomic), and causes of action, of any kind or any nature, which I have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, result from, or relate to my participation in FP or my travelling to or from FP, including light negligence, property damage and damages of any kind, property theft even if such Claims are caused by light negligent acts, omissions, or the carelessness of the Released Parties. The aforementioned exclusion of liability shall not apply to damages caused by willful misconduct and gross negligence by the Event Organiser and to injuries to life, body or health due to intentional or gross negligent breach of duty by the Event Organiser. 

 I acknowledge and agree that the Event Organiser and/or the event guides, in their sole discretion, may delay or cancel FP if they believe the conditions are unsafe.  

I agree to strictly follow and comply with the Event Organiser´s and/or the event guides´ instructions.  

Data Protection Statement 

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

Fjällräven International AB, Box 209, 89125 Örnskölsdvik, Sweden 

Fjällräven’ 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 FP: Contact information, in particular, your first name and surname, and where applicable, your title, address, telephone number, email address 

  •  Nationality 
  • Passport information  
  • Contact information of an emergency contact (first name and surname and telephone number) 
  • Date of birth  
  • Dietary preferences 
  • Size of clothing and Footwear 

We process your aforementioned data in order to carry out FP and allow you to participate. This also includes that we, where applicable, record your name in a participant directory, which is provided to other participants in the event (also in electronic form, where applicable). The legal basis for this data processing is Art. 6 (1) Sentence 1 (b) GDPR. It is necessary to process the emergency contact in order to be able to inform your contact accordingly in case of an emergency. If you send us the personal data of the emergency contact, we assume that you have obtained this person’s consent for their data to be sent to us. 

  • Photos and/or videos 

The photos and/or videos will be used for marketing purposes as well as for informing about Fjällräven’ s activities. The processing of videos (collection, storage and transfer to third parties), the publication of photos and/or videos in (print)publications of Fjällräven as well as on their websites/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 (f) GDPR. 

c) External registration and communication service provider  

We use an external registration and communication service provider, Cvent Europe, Ltd. 5 New Street Square, London, EC4A 3TW, UK (https://www.cvent.com/uk/), through whom the registration for the FP is carried out and to whose website you are forwarded once you click on “Registering for Fjällräven Polar”. Also sending of e-mail communication with regard to FP registration/execution and the follow-up may be carried out via Cvent. 

We engage the external registration and 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 registration portal and email system.  

The data processed by the Cvent includes the personal data stated under b) above. This information is required to execute the registration, arrange your travel and allow you to safely participate in FP.   

Kindly note that the data processing maybe carried out on servers of Cvent in the USA. 

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

Further information can be found in the privacy policy of Cvent: https://www.cvent.com/en/cvent-global-privacy-policy      

d) External communication service provider 

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

We engage the external commination 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 interesting 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 e-mail address in order to receive the Newsletter. After your confirmation, we save your email address for the purpose of sending 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 e-mail or through a message sent to the contact details provided in the legal notice of www.fjallraven.com.  

f) 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. e-mail address) are 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 e-mails 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 analyzed 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 pseudonymized 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 analyzes 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/   

g) Recipients of personal data 

All processors who are employed 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, in particular, the following parties: 

  • Service providers of ours, including processors, such as Cvent 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 may also share your information with other entities of the Fenix Outdoor group in EU to be used in accordance with this Data Protection Information, in particular with its European affiliate Fenix Outdoor ecom AB, the company responsible for the Fjällräven website.  

The legal basis for Fjällräven sharing your information with other entities of the Fenix Outdoor group is Art. 6 (1) Sentence (f) GDPR. Fjällräven has a legitimate interest in sharing your information for internal administrative purposes, in particular to centralise storage, optimise our processes, manage administrative tasks, as well as for marketing purposes. 

Additionally, the photos/videos will 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 (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. 

h) Duration of storage 

The participant´s data will be stored until the expiry of statutory retention and limitation periods.  

In the event the participant subscribes to our newsletter and subject to a withdrawal of the consent of the person concerned, the email address of the person concerned will be stored indefinitely only for the specific purpose. 

Photos/videos, which are made for marketing purposes, are stored only for the specific purpose for an indefinite period. 

i) 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, website here.

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. 

j) Objection to or withdrawal of consent to 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 apply.  

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