#HomeOfDewars Social Media Competition Terms and Conditions
Entrants will be deemed to have accepted these terms and conditions (“Terms and Conditions”), and agreed to be bound by them, when entering this prize promotion (“Promotion”).
- The promoter is Bacardi-Martini Limited, whose registered office is at 2 Royal Court, Church Green Close, Kings Worthy, Winchester, Hampshire SO23 7TW (“Promoter”).
- The Promoter is responsible for all administrative aspects of the Promotion (including determination of winners, prize-giving, and technical support etc.)
- For questions or comments, the Promoter can be emailed at email@example.com.
- Starting date: 12:00pm (UK time) on 1st August 2022.
- Closing date: 23:59pm (UK time) on 31st August 2022.
- Any entries received after the Closing Date will not be entered into the Promotion.
Who may enter
- This Promotion is open to residents of [the UK/Great Britain (England, Wales, Scotland only)] aged 18 or over.
- The following may not enter or win a prize: (a) employees of the Promoter or its agents and their first and second degree family members, (b) anyone else who is directly or indirectly professionally connected with the Promotion or the Promoter and their family members, and (c) employees of any company active in the alcoholic beverage sector (and their first and second degree family members).
How to enter
- To take part in this Promotion, Entrants will need to do the following before the Closing Date:
- must follow our official Instagram [@dewarsaberfeldy], Twitter [@dewarsaberfeldy], or Facebook account [DewarsAberfeldyDistillery] and post a photo at the distillery using the hashtag #HomeOfDewars
- Entries should be original, content from previous visits will not be accepted.
- Entrants will need access to the internet and a Facebook OR Twitter OR Instagram account in order to be able to enter the Promotion.
Limitations / restrictions on entry
- Maximum of one entry per person per day.
- Entrants are responsible for ensuring they will be able to accept the prize as set out below and in accordance with these Terms and Conditions. In the event a winner is unable to do so then the Promoter reserves the right to award the prize to another eligible entrant using the method set out in the “Winner selection and notification” section below (and so on until a winner who is eligible and able to accept the prize is found).
- Entries must not be made in bulk, [through multiple Twitter, Instagram or Facebook accounts or multiple entries in a single day] or through agents or third parties.
- The Promoter reserves the right (in its sole discretion) to disqualify incomplete entries and entries that do not comply in full with these Terms and Conditions.
- The Promoter reserves the right to vary, suspend or cancel this Promotion and/or these Terms and Conditions if it considers it necessary or appropriate to do so, including if there is any actual or anticipated breach of applicable law or if variation, suspension or cancellation is necessary due to an event outside the Promoter’s reasonable control. In the event of cancellation, the prize(s) may be awarded to winners drawn from entries received prior to cancellation.
- Any attempt to deliberately damage or undermine the content or legitimate operation of this Promotion is prohibited and may be a violation of criminal and/or civil laws and in these circumstances the Promoter reserves all its rights and remedies.
Content warranties by entrants
- By entering this Promotion, entrants hereby warrant and represent (guarantee) that:
- they own all intellectual property rights in the content they submit in connection with the Promotion (“Content”);
- the Content is their own original work and does not infringe any third party rights;
- all persons featured or referred to in Content have explicitly consented (a) to being featured in the Content and (a) to the use of the Content in this Promotion or in connection with the Promoter;
- the Content does not depict or describe anyone under 18 years old;
- the Content complies with all applicable laws; and
- the Content is accurate and not misleading.
Content Standards for entries
- The content standards set out below (“Content Standards”) serve to provide examples and are not meant to be an exhaustive list of the types of Content that are unacceptable for the purposes of the Promotion.
- The Promoter expressly reserves the right to disallow or disqualify (or prevent from passing through any moderation stage) any entry which it considers does not comply with these Content Standards or which it considers does not meet normal standards of taste and decency.
- By entering this Promotion, entrants hereby warrant, represent and undertake that their Content meets the following Content Standards:
- Content must not encourage, condone, promote or glamorize under age, excessive or irresponsible consumption of alcoholic beverages or drink driving or any behaviour considered antisocial, illegal or immoral;
- Content must not be derogatory or defamatory of any person;
- Content must not be obscene, offensive, hateful or inflammatory in any way;
- Content must not promote violence of any kind;
- Content must not be sexually explicit (or contain any nudity);
- Content must not harm or attempt to harm minors in any way;
- Content must not be targeted at or be likely to appeal to an audience under 18 years old;
- Content must not promote discrimination of any kind, including but not limited to discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Content must not be likely to harass, upset, embarrass, alarm or annoy any person;
- Content must not be used to impersonate any person, or to misrepresent the entrant’s identity or their affiliation with another person or entity; and
- Content must not give the impression that it emanates from, or is endorsed by, the Promoter.
- Content must be captured during entry period.
- The Promoter reserves the right to pass to the relevant authorities any Content or information which causes it concern.
Promoter’s use of Content
- By entering the Promotion, entrants grant the Promoter, its affiliated companies and its sub-contractors the right to use any and all Content supplied to the Promoter in connection with the Promotion:
- for the purposes of administering this Promotion;
- for promotional and publicity purposes; and
- in all digital and social media in connection with the Promoter and the Promotion.
- Entrants hereby agree to do such other things and execute such other documents as are reasonably requested in order to allow the Promoter to make such use of their Content.
- To the extent permitted by law, entrants hereby waive in favour of the Promoter, its affiliated companies and its sub-contractors and agree not to assert any moral rights (or similar rights worldwide) in and in connection with their Content.
Winner selection and notification
- One winner will be drawn at random (in the presence of an independent adjudicator) from all complete, correct and eligible entries received before the Closing Date].
- The winner(s) will be notified by email within 7 days of the Closing Date and will need to respond to that notification within 7 days in order to confirm their acceptance of the prize. Reasonable endeavours will be made to contact the winner(s) during this time using the contact details provided at the time of entry. Entrants should ensure they check their spam/bulk/junk folders for notification. If a response from a winner is not received by the Promoter within 7 days of the notification being made, a winner may lose their chance to claim their prize. Proof of age, identity and eligibility may be required in order to claim the prize.
- The winner must provide a suitable delivery address in the UK/Great Britain that is not a PO box within 3 days of being contacted and notified. The prize will be delivered within 7 days of confirmation of delivery address. There must be someone 18 years or older at the delivery address to sign for the prize.
- The Promoter’sdecisions are final and binding in all respects on all entrants and no correspondence will be entered into.
- The prize is a 70cl bottle of Aberfeldy 12 Year Old whisky.
- The Promoter reserves the right to substitute the prize (or any part thereof) for a prize or prizes of equivalent or greater monetary value if this is necessary for reasons beyond its reasonable control. There is no cash alternative to the prize (or any part thereof)) and unless the Promoter agrees otherwise in writing the prize is non-refundable and non-transferable. Winners are not entitled to receive any unused portion or element of any prize.
- The Promoter accepts full liability for death or personal injury caused by its negligence, or loss caused by a false statement where the statement is made fraudulently, or for any other losses that cannot be excluded at law. Otherwise, the following exclusions of liability will apply. References to the “Promoter” in this Liability section include all of the Promoter’s associated companies, agents or any other third party involved in the Promotion.
- The Promoter will not be responsible for (and will have no liability in connection with) the following occurrences, to the extent that they occur for reasons beyond the Promoter’s reasonable control:
- any postponement or cancellation of the Promotion;
- any changes to the prize or the way in which they can be used;
- problems with the dispatch of prize (such as a prize failing to reach the intended recipient)
- The Promoter does not accept responsibility for network, computer, hardware or software failures of any kind, which may affect the sending, receipt or processing of your entry or for entries lost, damaged, delayed or unreadable, including loss of entries through technical fault or transmission delays.
- [Please note that this Promotion is in no way sponsored, endorsed or administered by, or associated with, [Facebook, Instagram OR Twitter]. By entering, entrants acknowledge that [Facebook, Instagram OR Twitter] bears no responsibility for this Promotion and, to the maximum extent permitted by law, entrant hereby release [Facebook, Instagram OR Twitter] from any liability whatsoever in connection with this Promotion. Entrants understand that the information they submit in connection with this Promotion is provided to the Promoter (and its affiliates, associates and agents where applicable) and not to [Facebook, Instagram OR Twitter].]
- If the Promoter has grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsmanlike conduct of any kind (including, without limitation, manipulating the Promotion, choice of prize winner(s) or any entry [or establishing multiple accounts in order to gain multiple entries where the number of entries is limited]), the Promoter reserves the right (in its sole discretion) to disqualify any entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity.
Personal details and publicity
- By entering this Promotion, entrants agree that if they are a prize winner they will grant the Promoter the free use of their name, country of residence, photographs, video and voice (“Image”) for advertising, publicity and news purposes in any media in perpetuity without additional remuneration. To this effect, a winner’s acceptance of a prize shall be deemed to be a confirmation of their agreement for the Promoter to use their Image and the winner shall sign any further documentation reasonably required by the Promoter in this regard. A winner may also be asked to take part in reasonable publicity and PR activity in connection with the Promotion.
- By entering this Promotion, each entrant acknowledges that if they win, their surname and county of residence may be disclosed to persons enquiring, where permitted by law. Any entrant may object to their information being made available in this way, or may request that the amount of information made available be reduced, by contacting the Promoter using the contact details at the beginning of these Terms and Conditions. In these circumstances, the entrant acknowledges that the Promoter may nevertheless disclose such information in full to the UK Advertising Standards Authority if required to do so. To request disclosure of winner details, enquirers must submit a request by post to Dewar’s Aberfeldy Distillery, Aberfeldy, PH15 2EB by 31st August 2022. Details will only be disclosed to persons enquiring (if permitted by law) after all prizes have been validly claimed.
Promoter’s intellectual property
- All intellectual property and database rights, the Promoter’s Facebook page and our materials published on them, excluding so-called “user generated content” but including, without limitation, trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by the Promoter (or its subsidiaries, affiliates, agents or partners).
- The Materials are protected by intellectual property laws and treaties around the world.
- All such rights are reserved and it is strictly prohibited to remove any copyright or other proprietary notices from any Materials.
English law applies
- This Promotion, these Terms and Conditions and any dispute or claim arising out of or in connection with them (including in relation to the prize, shall be governed by and construed in accordance with English law and entrants irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim, except that entrants resident in Scotland may also bring proceedings in the courts of Scotland.
- If there is a conflict between these Terms and Conditions and any other document referred to in these Terms and Conditions, these Terms and Conditions take precedence to the extent necessary to resolve the conflict.
- If any part of these Terms and Conditions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the rest of these Terms and Conditions will not be affected. The Promoter’s failure to enforce any provision of these Terms and Conditions will not constitute a waiver of that provision.
- Any website on which these Terms and Conditions are posted is only intended to be accessed from the UK/Great Britain and where permitted by law. The Promoter makes no representation that materials relating to this Promotion are appropriate or available for use at other locations. Access to them from territories where their contents are illegal is strictly prohibited.