Terms & Conditions Conga
18 May 2018
Terms and Conditions
1. How to Participate
To participate in the Bacardi Do What Moves You 3.0 Campaign (the “Campaign”) organised and funded by Bacardi-Martini B.V. a corporation established under the laws of Netherlands with a place of business in Groningenweg 8, 2803 PV Gouda, the Netherlands (the “Sponsor”), go to [congafeatyou.com], read these terms and conditions (the “Terms”), complete the online registration form (which may include, among other things, your name, mailing address, phone number, and email address), and upload at least one video of no more than thirty (30) seconds, of you dancing, singing, and/or lip-syncing along to the recording of the “Conga Remix” by Leslie Grace and Boi-1Da featuring Meek Mill (the “Song”) available via the submission user flow at [congafeatyou.com], [ (the “Submission”).
All individuals appearing in each Submission must be twenty-five (25) years of age or older at the time of submission, and reasonably appear to be twenty-five (25) years of age or older (the “User”). If your Submission includes third party individuals, you will be asked to submit the e-mail addresses for those individuals if selected for inclusion in the public facing music video and/or interactive digital experience. Sponsor will then email those individuals, requesting that they fill out and agree to a release. Sponsor reserves the right to request additional releases from any party included in any Submission at any time. You represent that your Submission conforms to the Guidelines and Restrictions as defined below. You must have a valid email address. Receipt of Submission will not be acknowledged or returned. Proof of Submission will not be deemed to be proof of receipt by Sponsor.
One of your Submissions may be selected and added to a compilation video, featuring the Song, professionally shot footage, and the Submissions of other entrants. You will not be entitled to any compensation if your Submission is included in the compilation video. Sponsor’s decision as to which Submissions (if any) to include in the compilation video is at Sponsor’s sole discretion. Your Submission may be selected to be visible to other Users who may be able to create their own mash-up video using Submissions of other Users. You will not be entitled to any compensation if your Submission is selected.
When you make your Submission, you will receive an alpha-numeric code. At a date and time to be determined by Sponsor, your Submission may be added to a microsite, where you may be able to enter your alpha-numeric code to view a version of the compilation video that contains your Submission.
By granting us permission to use your Submission, you represent that you have read, agree to, and understand these entire Terms. IF YOU DO NOT CONSENT TO THESE TERMS IN THEIR ENTIRETY, DO NOT GRANT US PERMISSION TO USE THE SUBMISSION. SUBMISSION WILL NOT BE HELD IN CONFIDENCE. IF YOU DO NOT WISH SUBMISSION TO BE MADE PUBLIC AND/OR DO NOT WISH TO GRANT SPONSOR THE RIGHT TO DISPLAY SUBMISSION ON ITS CHANNELS (AND THE RELATED RIGHTS) (INCLUDING ANY CONTENT THAT INCLUDES OR DEPICTS SENSITIVE AND PERSONAL INFORMATION ABOUT YOU), DO NOT GRANT SPONSOR PERMISSION TO USE THE SUBMISSION AS DESCRIBED ABOVE. By granting us permission to use the Submission, you fully and unconditionally agree to be bound by these Terms, without modification, including all disclaimers, terms and conditions set forth in these Terms, which will be final and binding in all matters relating to the Campaign.
Participation open only to all the individuals, who are at least 25 years old as of date of entry. The following individuals and members of their families (parents, grandparents, children, siblings, spouses) and immediate households (whether related or not) are not eligible for participation: employees, officers and directors of Sponsor and its parent, subsidiary and affiliated companies, alcoholic beverage suppliers, wholesalers, distributors and importers, alcoholic beverage retailers, and Sponsor’s advertising and promotion agencies.
3. Grant of Rights
Uploading a Submission constitutes your consent to give the Sponsor, its advertising agency BBDO New York (“Agency”), and their affiliates subsidiaries, or any party designated by Sponsor or Agency (the “Licensees”) a royalty-free, irrevocable, perpetual, non-exclusive, worldwide license to use, reproduce, modify, publish, broadcast, create derivative works from, and display such Submissions, including your name, image, likeness, photograph, voice, social media handle and biographical material, included therein or in connection therewith, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including but not limited to television, digital media, and any and all Internet media, including Sponsor’s and its partner’s web sites and properties and on social networking sites (e.g., Facebook, YouTube, Twitter etc.), and any other websites, for any legal purpose whatsoever, including without limitation to advertise Sponsor’s products and services and/or as a part of a video advertisement featuring the Song and incorporating the winning Submissions. Submissions may be cut, edited, reformatted, rearranged, combined with other materials (including without artist branding and/or logos) and/or otherwise modified, in Sponsor’s sole and absolute discretion. Sponsor is not obligated to feature any Submissions in this fashion and is not obligated to notify submitters that they have not been selected. You will not have the right or opportunity to approve the Licensees’ use of your Submissions.
4. Submission Guidelines and Content Restrictions
By submitting, each entrant agrees that his or her Submission conforms to the Marketing and Corporate Responsibility Policies, Submission Guidelines and Content Restrictions below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
4.1 Marketing and Corporate Responsibility Policies
All individuals appearing in your Submission must be and look twenty-five (25) years of age or older, and all Submissions must be in compliance with the Sponsor’s marketing and corporate responsibility policies (published at https://www.bacardilimited.com/) and specifically with Bacardi Limited Responsible Marketing Principles (Annex 1); the Distilled Spirits Council (DISCUS) (published at https://www.distilledspirits.org/wp-content/uploads/2018/03/May_26_2011_DISCUS_Code_Word_Version1.pdf) and the spirits EUROPE Guidelines for Responsible Marketing Communications (published at https://spirits.eu/upload/files/publications/SE_CommStand_2015_EN_v1a(low).pdf)
4.2 Submission Guidelines
- The Submission must not exceed thirty (30) seconds in length.
- The Submission must be in video format.
4.3 Content Restrictions
The Submission must not in any way disparage Sponsor or any other person or party;
- The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The Submission must not in any way disparage Sponsor or any other person or party;
- The Submission must not contain material that is inappropriate, indecent, obscene threatening, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on appearance, race, gender, religion, nationality, disability, sexual orientation or age;
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of any jurisdiction where Submission is created.
- The Submission cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, violent or promote any particular hate speech or message;
- The Submission cannot promote drinking and driving or otherwise over indulging in the consumption of alcoholic beverages.
- The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Campaign.
You acknowledge that other participants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in your Submission. You understand and agree that you will not have any claim against any other participant or Sponsor arising out of any such similarity or be entitled to any compensation because of any such similarity.
SPONSOR IS UNDER NO OBLIGATION TO SCREEN OR MONITOR SUBMISSIONS BUT MAY REVIEW ALL SUBMISSIONS AND POST OR REMOVE SUCH SUBMISSIONS FROM ANY SITE OWNED, ADMINISTERED, AND/OR MONITORED BY SPONSOR AT ITS SOLE DISCRETION, AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY. Sponsor will make all determinations as to what Submissions is appropriate in its sole discretion. Sponsor is not obligated to select or use any Submissions or to produce any materials containing such Submissions, such determination to be in Sponsor’s sole discretion.
By participating, Users agree to release and hold harmless Sponsor, its Agency, Licensees, advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Campaign, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the Campaign should (in its sole discretion) virus, bugs, non-authorized human intervention, cheating, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Campaign.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Limitation of Liability; Disclaimer of Warranties
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR ENTRY IN THE CAMPAIGN, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CAMPAIGN. WITHOUT LIMITING THE FOREGOING, THIS CAMPAIGN IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. Disputes; Governing Law
The parties waive all rights to trial in any action or proceeding instituted in connection with these Terms, including, without limitation, the Campaign. Any controversy or claim arising out of or relating to these Terms and/or the Campaign shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in England and Wales.
THESE TERMS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE ENGLAND AND WALES WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Terms and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and/or the Campaign, the parties irrevocably submit and consent to the exclusive jurisdiction of England and Wales.
Upon Sponsor’s request, you agree to defend, indemnify, and hold harmless the Released Parties, and their respective employees, contractors, officers, directors, and agents from and against any and all claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to (i) any breach by you of any of these Terms, (ii) any violation of applicable law, (iii) any agreement with a third party to which you are subject, and (iv) Released Parties’ use of your Submission or any content contained in it, including your name, image, likeness, photograph, biographical material or other information, including without limitation any claims arising out of or based upon copyright infringement, trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite or edited form of your Submission, name, image, likeness or other information submitted to Released Parties. For the avoidance of doubt, Released Parties shall not be liable for any inaccuracies, technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to participate in the Campaign, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this promotion or downloading any materials related to the Campaign. Sponsor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.
9. Use of Data
© 2020 BACARDI, THEIR TRADE DRESSES AND THE BAT DEVICE ARE TRADEMARKS OF BACARDI & COMPANY LIMITED.
10. Annex 1
RESPONSIBLE MARKETING PRINCIPLES
All Bacardi companies and employees must comply with the laws, regulations and self-regulatory codes applicable to their marketing and promotional practices.
All marketing and promotional practices will present the responsible enjoyment of beverage alcohol and will not encourage the misuse of alcohol through the presentation of excessive consumption or situations where irresponsible consumption is accepted.
All Bacardi products will be clearly identifiable as beverage alcohol and will provide accurate information on alcohol content. A message or logo, and website address, for responsible enjoyment will be included in commercial communications and on packaging where practicable.
The content and placement of all marketing and promotional practices will be primarily directed towards consumers of the required legal age to purchase beverage alcohol in the relevant countries and will avoid images and music that would appeal primarily to underage individuals.
All marketing and promotional practices will support the safe consumption of beverage alcohol and will not associate the consumption of beverage alcohol with any potentially dangerous activity, such as driving motorized vehicles, operating machinery, or performing athletic activities.
Corporate communications may recognize reputable evidence of the physical benefits from moderate alcohol consumption, but marketing activities will not claim medicinal or energy enhancing performance properties for Bacardi products.
Marketing and promotional practices will not be associated with any individual or group behavior that is antisocial, violent or destructive.
All marketing and promotional practices must be in good taste and must not contain indecent, demeaning, or insulting materials.
While active in our digital spaces, we are to be honest, transparent, legal, and truthful and ensure none of our communications attempt to mislead our audiences. The privacy of the consumer in the digital space should be observed always.