Terms and conditions
These Terms and Conditions must be read together with the Program Requirements, of which they are a part and that contain definitions, rules and terms and conditions of entry and participation. The Program Requirements contain the following sections: ‘General Overview’; ‘Entry Requirements’; ‘Cocktail Criteria’; ‘How To Participate’; and ‘Judging Criteria’.
The Local stages of the Competition are organised and offered by the Local Bacardi Promoter. The Global stage of the Competition is organised and offered by the Global Bacardi Promoter, Bacardi-Martini B.V. of Groningenweg 8, 2803 PV Gouda, the Netherlands.
The Competition is open only to individuals who (a) are legal residents of the country in which they are taking part in the respective Local stage Competition, (b) are at least twenty-one (21) years of age as of the closing date for entries, and (c) have a passport valid through the end of the year when the Global stage takes place. The other restrictions specified in the section Entry Requirements of the Program Requirements also apply.
AGREEMENT TO TERMS AND CONDITIONS
By participating, competitors will be deemed to have read, understood and unconditionally agreed to be bound by these Terms and Conditions and by the Program Requirements. Decisions of the Local and, respectively, Global Bacardi Promoter will be final and binding, and competitors waive any appeal or other remedy.
Competitors cannot win a prize unless they comply with all requirements set forth herein. The Local and, respectively, Global Bacardi Promoters reserves the right to change these Terms and Conditions or the Program Requirements at any time, without prior notice. Any changes will be communicated to the competitors via email.
By participating, competitors represent and warrant that they are complying with any policy that their employer may have regarding participation in contests of this nature.
In the event of conflicts or inconsistencies between (i) these Terms and Conditions and the Program Requirements, and (ii) any communication, media release, advertising and promotional materials, these Terms and Conditions and the Program Requirements shall prevail.
By entering the Competition, each competitor: (a) grants the Local and Global Bacardi Promoters, and each of their agents, licensees, and assigns (collectively, the “Rights Holders”) the unconditional, non-exclusive, right and permission to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the competitor’s Entry as-is or as-edited in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party in perpetuity from the date you submitted the Entry; (b) waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Rights Holders’ use of the competitor’s Entry, as outlined above, or require any further permission for the Rights Holders to use the Entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Rights Holders on the grounds that any use of the Entry, or any derivative works, infringes any of competitor’s rights as creator of the Entry including, without limitation, copyrights, trademark rights, and moral rights.
Except where prohibited by law, by participating in the Competition, competitors agree that the Rights Holders and any media attending events related to the Competition may use their name, likeness, voice, statements, photographs, audio-visual footage, recipe, biographical information, state of residence, and/or any other record of their participation in the Competition for promotional purposes in any media release, advertisement, television, radio, film, documentary, internet, or in any other publication or media without further payment or consideration.
In the event that the operation, security, or administration of the Competition is impaired in any way, the Local and, respectively, Global Bacardi Promoters may, in their sole discretion, either: (a) suspend the Competition to address the impairment and then resume the Competition; or (b) award the prizes according to the criteria set forth in the Program Requirements among the eligible entries received up to the time of the impairment.
The Local and, respectively, Global Bacardi Promoters reserve the right, in their sole discretion, to disqualify any individual who tampers with the operation of the Competition, violates these Terms and Conditions or the Program Requirements, or acts in a disruptive or unsportsmanlike manner.
The Local and Global Bacardi Promoters’ failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. Proof of sending any communication to the Local or Global Bacardi Promoters by mail or e-mail shall not be deemed proof of receipt of that communication by either of them.
The Competition is subject to all applicable laws and regulations in effect where conducted and is void where prohibited.
RELEASE AND LIMITATIONS OF LIABILITY
By participating in the Competition, competitors agree to release and hold harmless the Local and Global Bacardi Promoters, and each of their respective parents, subsidiaries, affiliates, officers, directors, employees, and agents (the “Released Parties”) from and against any claim, liability or cause of action arising out of their participation in the Competition or receipt, or use of, any prize including, but not limited to: (a) unauthorized human intervention in the Competition; (b) technical errors; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Competition or the processing of Entries; or (f) injury or damage to persons or property.
Each competitor further agrees to indemnify, release, and hold the Released Parties harmless from any claims that their use of that competitor’s Entry (as contemplated in herein) violates or infringes upon the rights of any third party.
Competitors waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited by law, competitors agree that any and all disputes, claims and causes of action arising out of, or connected with, the Competition or any prize awarded shall be resolved individually by mediation, without resorting to any court of law, or to any form of court case, action or class action. In case no result can be achieved through mediation, competitors agree that all disputes, claims and causes of action arising out of or in connection with this Competition shall be resolved individually and exclusively by the courts of England and Wales.
The construction, validity, interpretation and enforceability of these Terms and Conditions, the competitors’ rights and obligations, and the rights and obligations of the Local and Global Bacardi Promoters in connection with the Competition, shall be governed by, and construed in accordance with, the laws of England and Wales, without giving effect to any conflict of law rules, which would cause the application of any other laws.