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”).
1. The promoter is Bacardi-Martini Limited, whose registered office is at Bacardi-Martini Ltd, 2 Royal Court, Kings Worthy, Winchester, SO23 7TW (“Promoter”).
2. The Promoter is responsible for all administrative aspects of the Promotion (including determination of winners, prize-giving, and technical support etc.), Adjust Your Set Limited, 151 Rosebery Avenue, London, EC1R 4AB.
3. For questions or comments, the Promoter can be emailed at email@example.com.
4. Starting date: 9am (UK time) on Friday 27th November 2020.
5. Closing date: 12pm (UK time) on Friday 18th December 2020.
6. Any entries received after the Closing Date will not be entered into the Promotion.
7. This Promotion is open to residents of England, Wales, Scotland only aged 18 or over.
8. 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).
9. To take part in this Promotion, Entrants will need to do one of the following before the Closing Date:
10. No purchase is necessary.
11. By entering this Promotion, each entrant warrants and represents (guarantees) that they know of no information, facts or circumstances related in any way to the entrant that could reasonably be considered damaging or embarrassing to the Promoter by virtue of the association between the Promoter and the entrant arising from this Promotion.
12. Maximum of one entry per person for the length of the competition.
13. 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).
14. Entries must not be made in bulk.
15. 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.
16. 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.
17. 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.
18. By entering this Promotion, entrants hereby warrant and represent (guarantee) that:
19. 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.
20. 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.
21. By entering this Promotion, entrants hereby warrant, represent and undertake that their Content meets the following Content Standards:
22. The Promoter reserves the right to pass to the relevant authorities any Content or information which causes it concern.
23. 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:
24. 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.
25. 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
26. One winner will be selected at random from all complete, correct and eligible entries received before the Closing Date. Winning entries will be those which, in the opinion and sole discretion of the panel of judges.
27. The winner will be notified via email after 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 winners 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.
28. The Promoter’s decisions are final and binding in all respects on all entrants and no correspondence will be entered into.
29. The prize is a 12 days of creativity calendar including Bombay Sapphire 350ml, Pentel Brush Pen, Marabu Easy Marble Marbling Ink 15ml, Fever-Tree Mexican Lime, Soda Water 200ml, Dash Bottle, Staedtler Mars Lumograph Pencil Set, Cocktail Strainer, Faber-Castell Pitt Drawing Ink Pens, Ice Mould, Caran d’Ache Neocolor II Water Soluble Wax Pastels, Winsor & Newton Cotman Water Colour Sketchers Pocket Box, St. Germain Elderflower Liqueur 50ml, paul.a.young fine chocolates 50g bar.
30. 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.
31. 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.
32. 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:
33. 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.
34. Please note that this Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram and/or Facebook. By entering, entrants acknowledge that Instagram and Facebook bear no responsibility for this Promotion and, to the maximum extent permitted by law, entrant hereby release Instagram 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 Instagram or Facebook.
35. 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 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.
37. 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
38. 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 email to firstname.lastname@example.org by 1st February 2021. Details will only be disclosed to persons enquiring (if permitted by law) after all prizes have been validly claimed.
39. All intellectual property and database rights, in the Promotor’s Facebook and Instagram page 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).
40. The Materials are protected by intellectual property laws and treaties around the world.
41. All such rights are reserved and it is strictly prohibited to remove any copyright or other proprietary notices from any Materials.
42. 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.
43. 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.
44. 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.
45. 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.