BACARDI SPICED RUM 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”).
1. The promoter is Bacardi-South Africa (Proprietary) Limited, whose registered office is at 11 Crescent Drive, 1st Floor Melrose Arch, Johannesburg, South Africa (“Promoter”).
2. The Promoter is responsible for all administrative aspects of the Promotion (including determination of winners, prize-giving, and technical support etc.), with the assistance of the participating vendor.
3. For questions or comments, the Promoter can be contacted at contact.bacardi.com.
4. Starting Date: 09h00 (SA time) on 1 November 2021
5. Closing Date: 20h00 (SA time) on 19 December 2021.
6. Any entries received before the Starting Date or after the Closing Date will not be entered into the Promotion.
Who may enter
7. This Promotion is open to residents of South Africa only aged 18 or over (a valid South African ID is required).
8. The following may not enter or win or participate in 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
9. To take part in this Promotion, Entrants will need to do the following before the Closing Date:
a) visit www.bacardi.com/summermoments and “sign up”,
b) “enter your full name and email address”.
c) “tick to confirm that you have read and agree to be bound by these Terms and Conditions”.
d) “elect if you want to be receiving news and promotional offers from Bacardi”
e) “click sign up”.
10. No purchase is necessary but entrants will need access to the internet and an email address in order to be able to enter the Promotion.
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.]
Limitations / restrictions on entry
12. Maximum of one entry per person for the duration of the Promotion.
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 an Entrant is unable to do so during the duration of the Promotion, the Entrant forfeits the prize.
14. 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.
15. 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 prizes are forfeited.
16. 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.
Winner selection and notification
17. Each Entrant that submitted a complete, correct and eligible entry, complying in full with these Terms and Conditions, received after the Starting Date and before the Closing Date will be entitled to a prize.
18. Entrants will be notified by email after Entrants have signed up and will need to respond to that notification prior to the Closing Date in order to confirm their acceptance of the prize. Entrants should ensure they check their spam/bulk/junk folders for notification. If a response from an Entrant is not received by the Promoter prior to the Closing Date, an Entrant will lose their chance to claim their prize. Proof of age, identity and eligibility may be required in order to claim the prize.
19. The prize is a complimentary Bacardi Spiced cocktail redeemable from participating vendors for the duration of the Promotion.
20. The Entrant will receive a confirmation email of the prize. The email will contain a list of participating vendors where the Entrant may claim the prize. The Entrant is required to elect a suitable participating vendor from which the Entrant may redeem the prize. Once the Entrant has elected the participating vendor, the Entrant will receive a voucher via email that will entitle the Entrant to redeem the voucher at the elected participating vendor for the prize within the duration of the Promotion.
21. Please note that the prize does not include personal expenditure and other incidental costs other than those specifically included.
22. The Promoter reserves the right to substitute the prize (or any part thereof) for a prize 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 then prize is non-refundable, non-transferable and non-substitutable. Winners are not entitled to receive any unused portion or element of any prize.
23. 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.
24. 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:
a) any postponement or cancellation of the Promotion;
b) any changes to the prize or the way in which they can be used;
c) problems with the dispatch of prize (such as a prize failing to reach the intended recipient); and
25. 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.
26. Please note that this Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook OR Twitter OR WhatsApp. By entering, entrants acknowledge that Facebook OR Twitter OR WhatsApp bears no responsibility for this Promotion and, to the maximum extent permitted by law, entrant hereby release Facebook OR Twitter OR WhatsApp 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 OR Twitter OR WhatsApp.
27. 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
Promoter’s intellectual property
29. All intellectual property and database rights, in the Promoter’s Facebook page, the Promotion Application, the Promotion website, the Promotion emails 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).
30. The Materials are protected by intellectual property laws and treaties around the world.
31. All such rights are reserved and it is strictly prohibited to remove any copyright or other proprietary notices from any Materials.
South African law applies
32. 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 South African law and entrants irrevocably agree that the courts of South Africa shall have exclusive jurisdiction to settle any such dispute or claim.
33. 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.
34. 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.
35. Any website on which these Terms and Conditions are posted is only intended to be accessed from South Africa 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.