THE CHIVAS VENTURE 2020 COMPETITION
LOCAL TERMS & CONDITIONS
1. "The Chivas Venture" is a global competition being run by Chivas Brothers Limited, a company incorporated in Scotland with company number SC268758 (the "Global Promoter") to find businesses that wish to have a positive impact on society (the “Competition”).
2. The Competition has two phases:
a) Phase 1 (the “Local Competition”) will find winners in participating countries including the U.S.A.. Applications for the Local Competition will be accepted from 05:00 Eastern Time (ET) 10th September 2019 until 5:00 ET on 31st October 2019 with a local winner being selected by 22nd January 2020. Phase 1 shall be governed by the Local Terms & Conditions (the “Local Terms”) and dministered by the local promoter under U.S.A. law.
b) Phase 2 (the “Global Competition”) will have the Local Competition winners competing against each other and comprises two stages:
i. the Voting Period which involves the allocation of US$100,000 of the Fund based on the consumer voting results; and
ii. attendance at The Chivas Venture Global Final (on a date and at a location to be confirmed by the Local Promoter) with a chance to win part of the Fund as follows:
Quarter Finals: Judges will select up to 10 successful candidates to proceed to the Semi-Finals. The eliminated finalists at this stage will win an equal share of $50,000.
Semi-Finals: Judges will select 5 candidates to proceed to the Grand Final. The eliminated semi-finalists will win an equal share of $100,000.
Grand Final: $750,000 to be allocated to the final 5 finalists, as dictated by the judges in their discretion as to the recipients and the proportions awarded.
There may be some mentoring opportunities provided by the Global Promoter, to be confirmed by the Local Promoter, to be confirmed to the Local Competition winners.
Dates, formats/mediums of participation and/or locations for the Global Competition will be finalised and communicated to shortlisted applicants for the Local Competition by the end of December 2019. Phase 2 shall be governed by the Global Terms and Conditions (the “Global Terms”). All applicants in the Local Competition agree to the Global Terms when they enter the Competition. The Global Terms are subject to the laws of England and Wales and the exclusive jurisdiction of the English courts.
c) In the U.S.A. the Local Competition is being run by Pernod Ricard USA, 250 Park Avenue, New York, NY (the “Local Promoter”). The Local Promoter is legally responsible for all aspects of the Local Competition.
3. No purchase is necessary to enter or win the Competition.
4. The Local Competition is subject to all applicable federal, state, municipal and local laws and regulations. Void in Puerto Rico, the United States Territories and Possessions, and elsewhere where prohibited or restricted by law.
5. The U.S.A. Local Competition is open to any for-profit legal entity (an “Entrant”) that is duly established under the laws of the U.S.A, has its principal place of business in United States and is conducting business in the United States and that:
a) is seeking, through its business operations, to make a positive impact or benefit to society or the environment, contributing towards at least one of the United Nations Sustainable Development Goals listed at the following link: https://sustainabledevelopment.un.org/sdgs; and
b) generated no more than US $1.5 million (or local currency equivalent) in revenue between 1st September 2018 and 1st September 2019 (excluding grants, prizes, and investments such as debt and equity).
c) each Entrant’s business must have a positive impact on/benefit to society, in addition to being a profitable business venture. A business that (a) solely or primarily involves marketing or selling to people under the legal drinking age (in the U.S., 21 years of age) or (b) relates solely or primarily to the sale, distribution or promotion of alcohol, addiction services or related products (e.g., smoking) is not eligible to participate in the Competition. Sponsors will and the Entrant should also exercise judgment in assessing the suitability of Entrant’s partners (business, charity and otherwise) for association with an alcohol brand.
6. Entries should be submitted by a founder or employee of the Entrant who is aged 21 years or older as at 31st October 2019 (the "Representative"). The Representative shall, for purposes of the Competition, be
a) the sole representative of the Entrant (including in relation to any submissions, presentations, interviews etc) for the entire duration of the Competition unless agreed otherwise in the sole discretion of the Global Promoter and the Local Promoter;
b) deemed to be a legally authorised representative of the Entrant; and
c) the Representative must be fully proficient in English as the Application form must be completed entirely in the English language and The Chivas Venture Global Final must be conducted entirely in the English language. No translators or translations will be provided or permitted at this stage.
7. In these Local Terms the term “Entrant” shall include both the entrant company and the Representative unless the context otherwise requires. For the avoidance of doubt, the Global Promoter and the Local Promoter shall only consider a request to change the Representative in exceptional circumstances and shall not be obliged to agree to do so. The Global Promoter and Local Promoter reserve the right to disqualify any Entrant whose Representative is not available to represent the Entrant in any phase of the Competition.
8. For the avoidance of doubt, Entrants may be at one of the following startup stages:
Seed Stage: the product is still in prototype stage and the business isn’t generating revenue from customers/users yet.
Start-up Stage: The Entrant has a working prototype or minimum viable product and is either ready for market entry or already has some paying customers, ideally with some demonstrable user traction.
Growth Stage: The Entrant is focusing on scaling an already validated proposition (i.e. shows significant user traction and sales).
9. Please note that because the Local Promoter and the Global Promoter are alcohol companies the Competition is not open for applications from businesses which:
a) solely or primarily involve the marketing or selling of products or services to those under the age of 21; or
b) relate solely or primarily to the provision of or promotion of alcohol, addiction services or related products (e.g. smoking).
Pease also note the details of clause 31 of the Global Terms regarding repaying the money in specific circumstances.
10. The Competition is not open to entry by the following:
a) the immediate families (which includes parents, children, spouses or siblings and their respective spouses, regardless of where they reside); or
b) employees, officers, directors, shareholders and other representatives and those living in their same households, whether or not related) of Local Promoter, their respective parent, affiliates, subsidiaries and advertising and promotion agencies (collectively, the “Competition Entities”) as well as alcohol beverage manufacturers, suppliers, wholesalers, and retailers (together with individuals who are employees of or members of the immediate family or household, whether or not related), are not eligible to enter or win on behalf of themselves and/or any legal entity in which they have an ownership interest.
c) If at any stage of the Competition the Local Promoter or the Global Promoter is informed or discovers that an Entrant or Representative does not meet the criteria set out in clauses 3 to 8 above the Local Promoter or the Global Promoter may disqualify the Entrant with immediate effect.
11. By entering the Local Competition the Representative agrees, should it win the Local Competition, it will be bound by the Global Terms which govern the next phase of the Competition. The Representative may be required to provide a signed copy of the Global Terms upon request.
12. Entrants should not enter unless they can participate in and travel to (where applicable) the Global Competition events and are prepared and able to comply with the Global Terms if they are the U.S.A. Local Winner. For the avoidance of doubt, the Representative must be eligible to travel to any country where any Competition event is scheduled to take place and Entrants shall take full responsibility for and bear all costs relating to arranging any travel documentation (including passports or visas) required to allow such travel by the Representative.
13. Each Applicant may submit only one (1) Entry during the Entry Period.
KEY DATES FOR LOCAL COMPETITION
14. The key dates for the Competition are as follows:
U.S.A. application process opens: 05:00 ET 10 September 2019
Applications for U.S.A. close: 5:00 ET 31 October 2019
U.S.A. Finalists confirmed by 13 December 2019
Finalists attend final event in New York, NY: 22 January 2020
U.S.A. Local Winner selected and notified: 22 January, 2020
THE ENTRY PROCESS
15. Representatives should complete the application form at www.chivas.com/en-US/the-venture and supply the information and materials listed on this web page. As part of the entry process Representatives will be required to complete a set of questions on the application form. The Local Promoter may contact the Representative to clarify certain elements of the application form.
16. Once submitted, an Entrant may not be amended or supplemented, absent the express consent of Local Promoter which may be granted or withheld in their sole and absolute discretion and without liability of any kind. Each Entrant will be required to complete a questionnaire and to supply the contact information for two business references and consent to their being contacted by or on behalf of Local Promoter. Each Entrant should outline a clear plan for the development of the business now, in the near future and beyond (and should be able to demonstrate that the business is sustainable) as well as describe how the business will have a positive impact on society. Further, each Entrant will be required to certify that the business is either at the Discovery Stage, Validation Stage or the Growth Stage and, upon request, may be required to provide evidence of compliance with the Entry Requirements.
17. Entrant and its business has and will at all times comply with the DISCUS Code of Responsible Practices for Beverage Alcohol Advertising and Marketing (available at http://www.discus.org/assets/1/7/May_26_2011_DISCUS_Code_Word_Version1.pdf) and the Pernod Ricard Code for Commercial Communications.
18. ENTRANT FURTHER AGREES THAT LOCAL PROMOTER HAS WIDE ACCESS TO IDEAS, STORIES, DESIGNS AND OTHER LITERARY/ARTISTIC MATERIALS SUBMITTED TO THEM FROM OUTSIDE SOURCES OR BEING DEVELOPED BY THEIR OWN EMPLOYEES AND THAT SUCH IDEAS/STORIES/DESIGNS/LITERARY/ARTISTIC MATERIALS MAY BE COMPETITIVE WITH, SIMILAR TO (OR EVEN IDENTICAL TO) THE MATERIALS SUBMITTED BY APPLICANT AS AN ENTRY WHEN PARTICIPATING IN THE LOCAL COMPETITION AND THAT LOCAL PROMOTER SHALL HAVE NO LIABILITY TO APPLICANT OR ANY THIRD PARTY IN CONJUNCTION THEREWITH UNDER ANY LEGAL THEORY.
19. By submitting an Entry, each Applicant irrevocably grants Local Promoter and its affiliates, legal representatives, assigns, agents and licensees, the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licenseable right and license (under all intellectual property and proprietary rights including without limitation patents, trademarks, and copyrights) to use, perform, exhibit, reproduce, manufacture, construct, tailor, distribute, sell, offer to sell, import and/or otherwise exploit the Entry in any manner and in any and all distribution channels, venues or media now known or hereafter devised (collectively, the “License”). The rights granted pursuant to the License shall also include, without limitation, the right to: (a) change, alter, distort, edit or revise the Entry, or any part thereof; and (b) make derivative works based on the Entry, or any part thereof. The License expressly includes, without limitation, the right of Rights Holders, in their sole discretion and without further notice to the Applicant, to modify the winning Entry for purposes of functionality, cost, manufacture or production requirements or for any other reason. Potential Local Finalists will be required to sign a Grant of Rights and Release conveying the above rights in order to be confirmed as a Local Finalist. The right to use and publish an Entrant’s (or, if an entity, Entrant’s Representative’s) name, likeness, biographical information and Entry (in whole or in part), together with content which Local Promoter either owns or have obtained the rights to use. Such publication may or may not be in, but not limited to, the following forms of media: Internet/Digital/New Media; print; television; and radio. Further, each Entrant understands that such usage may or may not occur worldwide in perpetuity. Each Entrant understands and agrees that although Local Promoter has the right to publish all or part of any Entry as stated herein, Local Promoter may elect to publish or not, in their sole discretion. If Entrant is a for-profit legal entity, Representative agrees, upon Local Promoter's request and without compensation, to use his/her best efforts to secure a similar grant of rights from other officers, directors and executives of the entity in question.
20. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING LOCAL PROMOTER THESE RIGHTS EXCEPT TO THE EXTENT THAT APPLICANT IS A LOCAL FINALIST OR THE LOCAL WINNER. Each Entrant waives all privacy/publicity rights or other legal or moral rights that might limit or preclude Local Promoter’s use of the respective Entry and agrees not to sue or assert any claim against Local Promoter arising out of or connected to the use of the Entry.
21. In the event of a dispute as to any Entry, the authorized account holder (determined at time of the Entry) of the e-mail address used to make the Entry will be deemed to be the Entrant and must comply with these Official Rules. The "Authorized Account Holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Each Entrant may be required to show proof of being an Authorized Account Holder.
THE SELECTION AND JUDGING PROCESS
22. All valid entries received from Entrants will be assessed against the details on the application form and any other information requested and then shortlisted and judged by a panel of judges, which may include any professional advisors deemed necessary by such judges, (together the “Judges”) and which will include at least one Judge who is not an employee of the Local Promoter or the Global Promoter.
23. The following judging criteria will be considered when evaluating entrants:
Market opportunity and need:
Demonstrates that the business is tackling a clear and large social and/or environmental issue, has strong market potential, clear target customers and beneficiaries, and is aware of alternative solutions and competitors.
Business model and team:
Presents a compelling solution and value proposition, with a sound business model that can generate sustainable revenue, while creating social / environmental impact.
Demonstrates that the business has the right team in place to succeed (skills, experience, commitment).
Measurable social impact:
Demonstrates that business activities will lead to the desired social / environmental impact (Theory of Change), with clear impact metrics, KPIs and goals. Shows that the business will make a significant difference to the problem (transformational vs incremental change).
Displays a strong vision and demonstrates that the business has potential to significantly scale its revenue and its social / environmental impact.
Presents sound financial projections, and well-justified Chivas Venture funding request (up to $750,000), that is likely to be catalytic of substantial growth in terms of impact /revenue / customers.
Quality of the pitch and passion of the Representative: (at final stages only)
High quality presentation delivered with passion by the Representative.
24. The following stages will apply and will constitute the “Selection Process”:
Stage 1 - Initial screening, moderation & application assessment process:
The applications will be subject to an initial screening by the Global brand team and their independent expert consultant based on the criteria set out in clause 16 and 3-5 Entrants will be shortlisted to proceed as finalists based on the Global Competition criteria.
Stage 2 - Interview of top candidates:
The top 3 - 5 Entrants may be interviewed by the selected representatives of the Global brand team and their independent expert consultant either by telephone, video or in person depending on their location to confirm they meet all the required criteria set out in clause 16.
Stage 3 - Selection of “Local Finalists”:
Based on the interview, together with all information received in advance, 3 to 5 of the best Entrants will be selected as finalists of the Local Competition (the “Local Finalists”). The Local Finalists shall be contacted by post, telephone and/or email.
Stage 4 - Confirmation of the “Local Winner”: On or about 22 January 2020, the Local Finalists shall gather in New York, New York to make live presentations before a panel of judges comprised of one or more senior staffers of Local Promoter, one or more social enterprise experts, who will judge each Local Finalist presentation according to the criteria set forth in Section 16 above (the “Local Final Event”). Each of the Local Finalists will receive coaching from one or more representatives of Local Promoter in order to prepare to pitch Local Finalist’s business at the Local Final Event. Coaching will take place by phone or online video conference prior to the Local Final Event. All Local Finalists will receive the same amount of coaching, with coaches having a comparable level of skill/expertise in business and spending a uniform amount of time with each Local Finalist. Each Local Finalist shall receive a roundtrip coach airline ticket for one person** to travel to New York and lodging for two (2) nights at a New York hotel (standard accommodations, single occupancy). Air travel and hotel are of Local Promoter's sole choosing. No spending money or expenses will be provided. Total Approximate Retail Value of Local Finalist Trip is $1,500.00. Should actual value be less than stated Approximate Retail Value, Local Finalist will not receive the difference in cash. If Local Finalist lives within reasonable driving distance of New York (as determined by Local Promoter in its sole discretion), Local Promoter may substitute ground transportation or a stipend of an amount of Local Promoter’s sole choosing for airline ticket and no additional compensation or substitute prize will be awarded. Local Finalist must conduct him/herself at all times in a socially responsible, appropriate and well-behaved manner, including his/her interaction with other Local Finalists Local Promoter’s representatives/coaches and members of the judging panel; failure to do so will result in immediate termination of Local Finalist trip (including forfeiture of possibility of winning the prize) and Local Promoter shall have no further liability or obligation to such Local Finalist. Local Finalist trip is subject to availability and other restrictions. Each member of the judging panel will have received each Local Finalist’s complete Application prior to the Local Final Event. The Local Final Event will be videotaped, and edited clips of the Local Final Event may be posted to TheVenture.com, Chivas.com and Local Promoter’s social media channels; and, as per Section 28 below, Local Finalist expressly agrees to such use of the Local Final Event without further notice or further compensation of any kind.
**If Local Finalist is an entity, only one  person (either the Representative or another individual with the requisite legal authority to bind the for-profit legal entity for purposes of the Competition) may attend the Local Final Event.
25. If a Local Finalist does not respond to any notification by the Local Promoter within the time period specified by the Local Promoter or if a Local Finalist cannot be verified within the time required or if a Local Finalist is otherwise unable to accept their status as a Finalist or if their Representative cannot attend or participate in any required Competition event or is otherwise ineligible, their selection as Local Finalist will be forfeited and an alternative Local Finalist may be selected from reserves judged at the same time at the Local Promoter's sole discretion. As a condition of Local Finalist status, each Local Finalist will be required to (i) sign a Confirmation of Eligibility & Publicity Release ("Confirmation"), (ii) sign the Global Terms and Conditions, (iii) sign an IRS Form W-9 and (iii) provide such written consents as may be necessary for Local Promoter to conduct a background check of the applicant and, if applicant is an entity, of its officers, directors, majority shareholders and key executives. All such documents must be returned to Local Promoter no later than three (3) business days from the date that the Confirmation and other documents are first sent to the potential Local Finalist or the potential Local Finalist will be disqualified and an alternate potential Local Finalist will be selected as set forth below, time permitting. If a potential Local Finalist fails to sign and return the Confirmation or any other required document within the required time period, is not in compliance with these Official Rules, or if Local Finalist notification is returned as undeliverable, the potential Local Finalist will be disqualified. If a Local Finalist is disqualified for any reason, then the Local Promoter may, but are not required to, select the entry with the next-highest score to be an alternate potential Local Finalist, time permitting.
26. Any application that is found, at any time during the Selection Process, not to fully comply with these Local Terms or that otherwise contain prohibited or inappropriate content as determined by the Local Promoter, in its sole discretion, may be disqualified. The Local Promoter shall have sole and final determination as to which applications are eligible to take part in the Competition and no correspondence will be entered.
27. Please note that the Global Terms and Conditions provide that all Local Winners (here, the Local Winner, as explained below) are required to:
a) Participation in and creation of public relations (PR), promotional and marketing activities, including the creation of marketing materials through photoshoots, filming of different stages of the Competition, webisodes, social media and digital content and advertising in any and all media
b) attend The Chivas Venture Global Final between March and June 2020 at a location to be determined by Global Promoter.
28. The name of the U.S.A. Winner will be announced by no later than 22nd January 2020.
29. The Local Promoter does not solicit nor do they wish to receive any confidential or secret information or material about the Entrant. Any information or material submitted by the Representative will be deemed not to be confidential or secret. The Local Promoter and the Global Promoter will not, however, publicly share financial information or other sensitive business information which is clearly indicated to be confidential when submitted by the Representative without the consent of the Representative.
30. The Local Promoter reserves the right to conduct further background checks on the Entrants, the Representatives and their business ideas. This may include, without limitation, civil and criminal court records and police reports on the Entrants, Representatives and entity directors. By entering the Competition Representatives give the Local Promoter permission to conduct such background and financial and criminal checks and, if necessary, shall provide such written authorisation as may be required to allow these to be carried out. The Local Promoter reserves the right, at its sole discretion, to disqualify any Entrant or Representative that fails to authorise such background checks or if, based on the results of the checks, the Local Promoter determines in its sole discretion that the Entrant or Representative is not suitable to participate in the Competition, including, without limitation, because the participation of the Entrant or the Representative in the Competition might reflect negatively on the Local Promoter and/or the Promoter or their related group companies.
CONFIRMATION OF ELIGIBILITY BY ENTRANTS
31. By entering the Competition the Representative confirms that:
a) The Entrant (including the activities thereof) does not and will not violate the rights of any third party;
b) Neither the Representative, the Entrant nor any of its directors or officers have ever been convicted of fraud, been bankrupt or disqualified from acting as a company director;
c) the Entrant and its directors has not and will not carry out any act or omission which may or does (in the sole discretion of the Local Promoter and Promoter) bring the Local Promoter or Promoter into disrepute; and
d) the Entrant and its business has and will at all times comply with the Pernod Ricard Code for Commercial Communications.
33. By entering the Competition the Representative:
a) consents to the processing of any personal data it provides during the application process or throughout the Competition in accordance with clause 24; and
b) that it has obtained the consent from any individuals whose personal data it submits either during the application process or during the Competition.
MARKETING AND PROMOTION
34. By entering the Competition Representatives agree to comply with this clause 34 should they become a Local Finalist. Representatives agree to participate in any reasonable promotional and publicity activities to be determined by the Local Promoter or the Global Promoter to promote the Competition for advertising, trade and promotional purposes anywhere in the world, either during or after the Competition (“the Promotional Activities”). The Promotional Activities could include but are not limited to use of the Entrant’s business name, address, trademarks and logos; and the Representative’s name, photographs, voice and/or other likeness.
35. No compensation (other than travel or other expenses approved in advance by the Local Promoter or the Global Promoter) will be paid to the Representative or the Entrant for their participation in the Promotional Activities and the Representative will have no right of review for any Promotional Activities.
36. The U.S.A. Local Winner shall receive:
a) a place for the Representative at The Chivas Venture Global Final, scheduled to take place between March and July 2020 at a location to be confirmed. The prize includes the following for the Representative only:
- return economy flights from U.S.A.;
- 5 nights’ accommodation in a hotel selected by the Promoter;
- airport transfers at the destination to and from the relevant hotel and any necessary transfers to Competition events during The Chivas Venture Global Final week; and
- breakfast, lunch and dinner during The Chivas Venture Global Final week.
There may also be some mentoring opportunities, to be offered entirely at the discretion of the Local Promoter and/ or Global Promoter. The exact details of such opportunities, if offered, together with any criteria for participating in them and all details regarding location, costs and expenses, will be confirmed by the Local Promoter or the Global Promoter before the end of December 2019. Should such opportunities be offered they will be governed by these Local Terms.
37. The Local Winner must pay the cost of transport to and from his/her originating airport, travel insurance, any other travel related costs not specified above (including without limitation excess baggage charges, obtaining passports and visas), and for any other costs or expenses not specified above in clause 28. Please note that any costs arising from any room service, mini-bar or other charges at the hotel will be incurred at the expense of the Local Winner.
38. All reservations and travel arrangements shall be with suppliers selected by the Local Promoter in its sole and absolute discretion. All arrangements will be made through a travel agent selected by the Local Promoter. Travel dates once arranged are not changeable and non-transferrable. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades.
39. The prize may not be substituted, replaced or combined with any other offer and travel may not qualify for frequent flyer miles. The prize is not assignable, substitutable or transferable by the Local Winner.
40. TAXES: THE POTENTIAL LOCAL FINALISTS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO LOCAL PROMOTER ALL DOCUMENTATION REQUESTED BY LOCAL PROMOTER TO PERMIT LOCAL PROMOTER TO COMPLY WITH ALL APPLICABLE US FEDERAL, STATE, AND LOCAL TAX REPORTING REQUIREMENTS.
EACH LOCAL FINALIST AS WELL AS THE LOCAL WINNER WILL BE SOLELY RESPONSIBLE FOR ALL US FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE FINALIST TRIP AND THE PRIZE, AS APPLICABLE. LOCAL PROMOTER AND THE OTHER COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY TAXES IMPOSED ON THE ACCEPTANCE OF THE FINALIST TRIP AND THE PRIZE, AS APPLICABLE.
41. The Local Promoter is not responsible for:
a) entries or other communications that are misdirected, lost, delayed, damaged or corrupted during delivery to or from the Local Promoter due to any computer malfunction, virus, bug, delay, erroneous or any other reason whatsoever;
b) lost, interrupted or unavailable network, server, telecommunications, Internet Service Provider (ISP), website, or other connections;
c) computer hardware or software malfunctions, failures or difficulties;
d) any incorrect or inaccurate information, whether caused by human error, site users, tampering, hacking, or by any equipment or programming associated with or utilised in the Competition;
e) injury or damage to Representatives' or to any other person's computer related to or resulting from participating in the Competition or downloading materials from or use of the Local Promoter’s website; or
f) other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Local Competition including, without limitation, errors or difficulties which may occur in connection with the administration of the processing of applications, the judging process, the announcement of the Local Competition semi-finalists, winner or in any related materials.
42. The Local Promoter reserves the rights, at its sole discretion:
a) to suspend, modify or terminate the Selection Process at any time and for any reason;
b) to amend these Local Terms at any time; and
c) to withdraw part or all the Local Competition if it cannot be operated as envisaged, or cannot be operated as envisaged in these Local Terms without disproportionate expense.
43. By participating in the Competition Representatives agree that, to the extent permissible under applicable law, the Local Promoter, the Global Promoter, their parent companies, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, "the Released Parties") will have no liability whatsoever for, and shall be held harmless by Entrants against, any liability for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance of the prize or participation in any aspect of the Local Competition or the Global Competition.
44. The Entrant shall indemnify the Local Promoter and the Promoter from any and all claims, liabilities, costs and expenses arising in any way from a breach of the Entrant's obligations, warranties or representations under these Local Terms or in any way given as part of the Competition.
45. Any false information provided within the context of the Competition by any Entrant concerning any matter or any other non-compliance with these Official Rules may result in the immediate elimination of the Entrant and/or Entry from the Competition.
46. Local Promoter reserves the right to disqualify any person found or suspected of tampering with the entry process or the operation of this Competition, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
47. LIMITATION OF LIABILITY: Local Promoter is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. If, for any reason, the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition, Local Promoter may, in its sole discretion, cancel, terminate, modify and/or suspend the Competition. In the event the Competition is canceled, terminated, modified and/or suspended, Local Promoter will judge the Entries received up until that time and, provided there are enough eligible Entries to conduct the Competition, will proceed with the Competition as defined herein. In the event a dispute arises regarding a specific individual entitled to be selected as a Local Finalist or the Local Winner, an entry will be declared made by the Authorized Account Holder of the e-mail address provided when entering the Competition. Any damage made to www.chivas.com/the-venture will also be the responsibility of the Authorized Account Holder of the e-mail address provided at the time of entry or incident resulting in such damage. Entrant may be requested to provide Local Promoter with proof that the Entrant is the Authorized Account Holder of the e-mail address associated with the entry. Proof of sending will not be deemed to be proof of receipt by Local Promoter.
48. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE LOCAL PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
49. The Local Promoter is not responsible for illegible, lost, late, incomplete, stolen, corrupted, inaccessible, blocked, misdirected, postage due, or undeliverable e-mail or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, printing, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration/Entry information, or the failure to capture, or loss of, any such information. The Local Promoter is not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Competition and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any web site(s). Local Promoter is not responsible for any injury, including death, or damage, whether personal or property, to Entrants or to any person's computer related to or resulting from participating in the Competition and/or accepting a Finalist Trip or the Prize. If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Entry into the Competition, the Entrant’s sole remedy is to submit another entry into the Competition, time permitting. If, for any reason, any phase of the Competition is not capable of running as planned, Local Promoter reserves the right, in their sole discretion, to cancel, terminate, modify or suspend the Competition and/or proceed with the Competition, including the selection of Local Finalists and the Local Winner, in a manner it deems fair and reasonable from among eligible entries received prior to such cancellation, termination, modification or suspension. Notice of such action by Local Promoter will be posted on the Competition web site.
50. The Local Promoter shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, corrupted, blocked, inaccessible, or otherwise not in compliance with the Official Rules, and all such entries will be disqualified.
51. IN NO EVENT WILL THE LOCAL PROMOTER BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF AN ENTRANT’S ACCESS TO AND USE OF THE PAGE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE ENTRY PAGE OR ANY OTHER WEB SITE ASSOCIATED WITH THIS COMPETITION. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE ENTRY PAGE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW 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. APPLICANTS SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
By entering the Competition, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Local Promoter which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any Competition Entities in connection with the Competition; and (iv) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Local Promoter from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from: (a) the Competition, including but not limited to any Competition-related activity or element thereof, and the Entrant’s entry, participation or inability to participate in the Competition, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Competition materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Finalist trip or the prize (or any component thereof), (e) any change in the Finalist trip or prizing (or any components thereof) due to unavailability, or due to reasons beyond Local Promoter’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Competition Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Competition, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of www.theventure.com or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by the Local Promoter or by an Entrant, (j) interruption or inability to access the Competition, the website or any other Competition-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Competition, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, inaccessible, blocked, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Competition Entities, (o) lost, late, stolen, misdirected, damaged or destroyed materials in conjunction with award of Finalist trip or prizing (or any element thereof), (p) the collection, use and/or sharing of Entrant’s personally identifiable information by Local Promoter or its designees or (q) the negligence or willful misconduct by Entrant.
52. The Local Competition shall be governed by the laws the U.S.A. and the jurisdiction of the courts of the U.S.A.
53. The global competition is governed by, and will be construed in accordance with, the internal, substantive laws of England and Wales. In both cases, choice of law/conflict of law principles which would lead to the application of the law of any other jurisdiction shall not apply.