The Elijah Craig Bourbon Swing Promotion – Terms & Conditions
20th January 2023
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By entering this Promotion (as defined below), the Entrant (as defined below) will be deemed to have accepted these terms and conditions (“Terms and Conditions”) and agreed to be bound by them. The Promoter (as defined below) reserves the right to amend these Terms and Conditions at any time.
- Proof Drinks, 41 Great Portland Street, London, W1W 7LA (“Promoter”) is responsible for administrative aspects of the Promotion (including technical support and prize management, etc.)
- For questions or comments, the Promoter can be emailed at [email protected].
WHO MAY ENTER
- The Bourbon Swing (“Promotion”) is open to UK on-trade venues who have joined the “2023 Heaven Hill Embassy Program” through Proof Drinks.
- Winners of The Bourbon Swing promotion (“Promotion”) must be aged 18 or over at the time of entry. All winners must be legal residents of the UK at the time of entry. This Promotion is void where restricted or prohibited by applicable law.
- The following may not enter or win a prize: (a) employees or immediate family members of Heaven Hill Distilleries, Inc., employees or immediate family members of the Promoter or its agencies and their family members, (b) employees or their immediate family members of PGA Tournament Corporation, Inc. (“PGAA”), Ryder Cup Europe LLP (“RCE”) (PGAA and RCE together referred to herein as the “Golf Entities”), or (c) anyone else who is directly or indirectly professionally connected with the Promotion or the Promoter and/or their immediate family members.
HOW TO ENTER
- All confirmed Heaven Hill Embassy accounts will be automatically entered into the Bourbon Swing promotion (“Entrants”).
- The promotion will run from 00:01 on Monday 18th September 2023 to 23:59 on Saturday 30th September 2023 inclusive (“Promotion Period”).
- Each venue, during the Promotion Period, must run one of the call-to-action elements (see Entrants Will Receive); understood to include coaster or business card (“Promotion Entry Materials”).
ENTRANTS WILL RECEIVE
- Each participating Embassy account will be offered an initial 50 Elijah Craig branded coasters and/or business cards, that feature a QR code for customer participation.
- These coasters/business cards are to be given out to consumers with each Elijah Craig serve sold, during the Promotion Period.
- Posters and table talkers are also available for Entrants to order for promotional purposes – which can be ordered from [email protected].
- The venue that sells the most (volume in millilitres) during the Promotion Period (the “Winner”) will win a £500 bar tab, redeemable at a location of Promoter’s choosing
- Venues will be required to submit ‘sales out’ data from their EPOS system to their relevant Proof Drinks account manager by 23:59 on 7th October
- This will be supported by ‘sales in’ data from their relevant wholesaler
- The Promotion Winners will be announced on 14th October 2023 by 23:59.
- Promoter’s decisions are final and binding in all respects on all Entrants and no further correspondence will be entered into with respect to such decisions.
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 entries (”Content”) supplied to the Promoter in connection with the Promotion:
- a) for the purposes of administering the Promotion;
- b) for promotional and publicity purposes; and
- c) in all digital and social media in connection with the Promoter and the Promotion.
- To the extent permitted by law, entrants hereby waive in favour of the Promoter and agree not to assert any moral rights (or similar rights worldwide) in and in connection with their Content.
- The prize awarded will be one (1) headline prize of a £500 bar tab at the Winners’ choice of location, subject to Promoter’s approval (“Prize”).
- It is the Winning venue’s responsibility to ensure the prize is divided amongst its employees in a manner that is reflective of its employee’s support of the Heaven Hill Embassy program and in a manner that is satisfactory to the Promoter.
- In no circumstance may the venue retain any portion of the £500 for business use and all funds are to be disbursed to its employees.
- Approximate retail value (“ARV”) of the prize is £500.
- Details of the Winners’ names will be available for one month after the closing date by writing to the “Promoter” at the contact details above and stating the name of the Promotion.
CONDITIONS OF PARTICIPATION
- Prize is not transferable. Taxes on the Prize are the sole responsibility of the winner. No Prize substitutions or cash redemptions are allowed, except by the Promoter, who may substitute a Prize of equal or greater value if the advertised Prize becomes unavailable. Promoter shall not be held responsible for any delays in awarding the Prize or any component thereof for any reason. Entry into this Promotion constitutes the Entrant’s agreement to be bound by the terms of these Terms and Conditions and by the decisions of the Promoter, which are final and binding on all matters pertaining to this Promotion.??The Winner may be required to sign and return an Affidavit of Eligibility/Liability & Publicity Release within seventy-two (72) hours following the date of the first attempted notification. Failure to comply within this time period may result in disqualification, forfeiture of the Prize, and selection of an alternate winner through the use of the methodology set forth above.?In the event that any prize notification message is returned as undeliverable or if no response to the prize notification message is received within the time period stated or if the potential winner is found ineligible or does not comply with these Terms and Conditions, the Prize may, in the Promoter’s sole and absolute discretion, be forfeited and awarded to an alternate winner selected through the use of the methodology set forth above from among remaining eligible entries. If the confirmed winner forfeits the Prize for any reason after confirmation, no alternate winner will be selected. In no event will more than two (2) Prize(s) be awarded. If, for any reason, more than one (1) prize notification is sent (or more than one (1) claim is received) per prize, the Promoter reserves the right to award the prize through a random drawing from among all eligible prize claims received. Failure by the Promoter to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision. Each potential Winner may be subject to a background check before the prize is awarded. Promoter reserves the right to disqualify a potential Winner based on the results of such background check if the Promoter determines in its sole discretion that awarding the Prize to any such individual might reflect negatively on the Promoter. By accepting Prize, each Entrant and Winner agrees to allow Promoter the right to use his/her (and/or their respective business’s) name, photo and likeness, voice recording, video images and all related footage, and statements for Promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide including but not limited to television (including live television), radio, Internet, without notice, review or approval and without additional compensation except where prohibited by law.The Entrants and Winners will be asked to take part in reasonable publicity and public relations activities in connection with the Promotion until December 31st
- By participating in the Promotion, Entrants and Winners agree to release Promoter, Heaven Hill Distilleries, Inc., Golf Entities, participating vendors (if any), and each of their respective parent companies, subsidiaries, affiliates, related companies and advertising, promotion and public relations agencies, and each of their respective officers, directors, employees and agents (“Released Parties”) from any and all liability, loss or damage of any kind arising out of or in connection with their participation in this Promotion or with respect to awarding, receipt, possession, use and/or misuse of any Prize. An Entrant and/or Winner may be prohibited from participating in this Promotion if, in Promoter’s sole discretion, it reasonably believes that the Entrant and/or Winner has attempted to undermine the legitimate operation of this Promotion by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, Winners, Released Parties, or associated agencies or entities.The Winner’s employees should be in good health and appropriately fit for participation in the Prize, and Winners irrevocably release and waive any claim they may have against the Promoter for any safety or health issue or problem they may have during the redemption of the Prize.
- Each Entrant to this Promotion represents and warrants that they have the right to submit the Entry in the Promotion and that any such data submitted as a part of their Entry has not been manipulated, modified, or edited in a fraudulent fashion so as to contravene the intent of this Promotion. Each Entrant further represents and warrants that their entry does not: (1) infringe any third-party proprietary, intellectual property, privacy, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; (2) include any personally identifiable information of any person other than the Entrant who has submitted such Entry; or (3) otherwise violate any applicable law. To the fullest extent permissible by law, the Released Parties shall not be liable for any loss or damage whatsoever which is suffered or sustained as a result of an Entrant’s participation in the promotion, submitted Entry, or a winner’s use of any prize. And, to the fullest extent permitted by applicable law, the winner agrees to indemnify, hold harmless, and keep indemnified the Released Parties at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Released Parties may become liable by reason of or related or incidental to any act, default or omission by an Entrant under these Terms and Conditions including without limitation, resulting from or in relation to any breach, non-observance, act or omission, whether negligent or otherwise, of these Terms and Conditions by an Entrant.
- Any false information provided within the context of the Promotion by any Entrant or Winner concerning identity (if applicable), data submitted, noncompliance with these Terms and Conditions or the like may result in the immediate elimination of the Entrant and any Winner from the Promotion. 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, 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.
- The Promoter expressly reserves the right to disallow or disqualify (or prevent from passing through the judging stage) any entry which it considers does not meet normal standards of taste and decency.
- IN ADDITION TO ANY OTHER LIMITATIONS SET FORTH HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENTRANTS AND WINNERS HEREBY WAIVE ALL RIGHTS TO: (I) CLAIM PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES(WHETHER DUE TO NEGLIGENCE OR OTHERWISE), OTHER THAN FOR ACTUAL OUT-OF-POCKET COSTS; AND (II) HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED..
LIMIT OF LIABILITY
- Promoter is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Promoter on account of technical problems or traffic congestion via mobile phone or otherwise. If, for any reason, the Promotion is not capable of running as planned, including postponement, cancellation, changes to Prize, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, act of God, or any other causes which corrupt or otherwise affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Promoter reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any?portion thereof at any time, and for any reason without further obligation or advance notice. Promoter reserves the right, but does not have any obligation, to select winners from eligible entries received as of the termination date. Promoter further reserves the right to disqualify any individual who tampers with the entry processor the operation of the Promotion or acts in violation of these Terms and Conditions or in an unsportsmanlike or disruptive manner.
- References to the “Promoter” in this Liability section include all Released Parties.
- The Promoter cannot accept any responsibility for any damage, loss, death or injury suffered by any entrant entering the Promotion or as a result of accepting any Prize.
ENGLISH LAW APPLIES
- This Promotion, and any dispute or claim arising out of or in connection with it (including the prizes), shall be governed by and construed in accordance with English law and Entrants and Winners irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
- If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- Promoter promotes responsible drinking practices and reminds entrants to comply with responsible drinking principles. Entrants shall comply with all applicable laws and regulations with respect to the sale and service of alcoholic beverage products (including without limitation, responsible verifying the age of all patrons ordering alcoholic beverage products) and must promote responsible drinking practices in connection with this Promotion. Promoter reserves the right to reject and/or disqualify entrants where it has a reasonable, good faith belief that such Entrant is promoting over-consumption in connection with this Promotion, or otherwise promotes behaviours in contravention of applicable law or responsible drinking principles.
PROMOTER: Proof Drinks LTD, 41 Great Portland Street, London, W1W 7LA.
PGA Tournament Corporation Inc., The Professional Golfers’ Association of America and Ryder Cup Europe LLP are not promoters, sponsors, or participants of this Promotion.