The Venture Terms and Conditions - Chivas Regal
The Venture, Terms & Condition for Participating in The Venture Competion, Chivas Venture, Chivas Social Entrepreneurship, www.chivas.com
“The Venture” is a global competition being run by Chivas Brothers Limited, a company incorporated in Scotland with company number SC268758 (the “Promoter”), to find businesses that wish to have a positive impact on society (the “Competition”).
This document sets out the terms and conditions that apply to the second phase of The Venture 2017 Competition, the Global Competition (the “Global Terms”), and in particular the process by which the winner(s) of the Global Competition will be determined.
By entering the Local Competition, you accepted both the Local Terms and the Global Terms. These Global Terms prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of these Global Terms and by participating, all entrants/claimants will be deemed to have accepted and be bound by the terms and conditions.
Below is a summary of the key terms of the Global Terms. The full terms are set out thereafter. Definitions used in the Local Terms apply in the Global Terms unless the context otherwise requires. Other defined terms appear below.
These Global Terms apply to the winners of the Local Competitions who are invited to participate in the Global Competition. If you, as a Local Competition winner (a “Finalist”) cannot comply with any of the Global Terms, in particular if you or a suitable alternative Representative of the Entrant is not available to attend the Accelerator Week in March 2017 (to be held in Oxford and London, UK, exact dates to be confirmed) or The Venture Final Pitch on 10 to 14 July 2017 (likely to be held in the USA (location to be confirmed)), then you must not enter or must withdraw from the Competition.
SUMMARY OF KEY TERMS
The prize for the winner(s) of the Global Competition is a share of a fund of US$1,000,000 (the “Fund”), with the prize money available in two separate stages: the consumer voting and also the final pitch and exposure for your business through participating in the Global Competition.
The Global Competition consists of the following three stages:
1. the Accelerator Week comprising a series of lectures, workshops and coaching sessions;
2. the Consumer Directed Competition which involves the allocation of US$250,000 of the total Fund on a periodic basis based on consumer voting; and
3. The Venture Final Pitch in front of a panel of Judges, which results in the allocation by the Judges of the remaining US$750,000 of the Fund;
To participate in the Global Competition you must be available to travel to the “Accelerator Week” in March 2017 in Oxford and London, UK (exact dates to be confirmed) and “The Venture Final Pitch” on 10 to 14 July 2017 (likely to be in the USA. Location to be confirmed (together the “Global Final Events”). If you are unable to attend then you must withdraw from the Competition;
All Accelerator Week and The Venture Final Pitch will be conducted entirely using the English language. No translators or translations of materials will be provided.
You must liaise with the Promoter to enable them to create the “Global Competition Materials” which will be used to promote the Global Competition to be provided to the Promoter by no later than 30 January 2017.
The Consumer Prizes (defined in paragraph 9) will be paid directly to the winning Finalists by wire transfer within 10 business days of the end of the consumer directed promotion phase of the Global Competition, and Grand Prize (defined in paragraph 22) will be paid directly to the winning Finalists by wire transfer within 10 business days from The Venture Final Pitch.
It is your responsibility to pay all taxes associated with the Global Competition including in respect of any part of the Fund you may win;
You shall not enter into any endorsement or promotion arrangement relating to another alcohol brand from the date you submit your application until 1 December 2018;
You must co-operate with the Promoter in making PR and promotional materials such as films, photography and other content about your business;
The Promoter does not solicit nor does it wish to receive any confidential or secret information or material from the Finalists during the Global Competition in any way. Any information you provide as part of the application process, or at any time during or after the Global Competition will be treated as non-confidential, available to be used and thus able to be freely shared and may be made public. The Promoter is not be responsible in any way if disclosure of any part of the Finalist's entry or any Global Competition Materials causes damage or interference to the Finalist or its business in any way.
THE GLOBAL TERMS
1. These Global Terms and the Local Terms set out the entire agreement between the Finalists including their Representatives (also referred to as “you”) and the Promoter with respect to the Global Competition including the Global Final Events.
2. You agree to abide by these Global Terms and agree that the Promoter's and Judges decisions shall be final and binding in all respects relating to the Global Competition.
3. The qualifying Local Competition winners are entitled to compete in the Global Competition against 30 other Local Competition winners (“Finalists”) from around the world.
4. The Global Competition consists of the following three stages:
- the Accelerator Week;
- the Consumer Directed Competition which involves the allocation of US$250,000 of the total Fund based on consumer voting within certain periods during May/June 2017 (“Consumer Voting Period”); and
- The Venture Final Pitch in front of a panel of Judges, which results in the allocation by the Judges of the remaining US$750,000 of the Fund.
5. All Accelerator Week and The Venture Final Pitch will be conducted entirely using the English language. No translators or translations of materials will be provided.
6. The winner(s) of the Global Competition are entirely responsible for assessing and paying all applicable federal, provincial, state and local taxes in respect of the Global Competition including as to any share of the Fund received, if any, including any income or withholding taxes, both in their country and in the country where the Global Final Events take place.
STAGE 1 – THE ACCELERATOR WEEK
7. In March 2017 (exact dates to be confirmed) the Finalists will attend a residential program comprising a series of lectures, workshops and one-to-one coaching sessions to assist them in developing and further promoting their business.
8. Local Competition prize details set out the travel, accommodation and catering arrangements that apply during the Accelerator Week. Further details will be notified to Finalists as soon as they are finalised.
STAGE 2 – THE CONSUMER DIRECTED PROMOTION
9. During a certain period after the Accelerator Week and prior to the commencement of The Venture Final Pitch the Promoter will run an online promotion on its website www.theventure.com (the “Website”) inviting consumers to vote within certain periods for their favourite Finalist to win a share of the fund (the “Consumer Prize”), totalling US$250,000 over the online promotion period.
10. To participate in the Consumer Directed Promotion Finalists must have provided all the Global Competition Materials by the due date and in the correct format. The Promoter will create online profiles for each Finalist and establish an online consumer voting mechanism.
TERMS RELATING TO CONSUMER VOTING
11. Paragraphs 11, 12, 13, 19 and 21 also apply to consumers who participate in the Consumer Directed Promotion.
12. Consumers shall be entitled to place votes at various intervals during the Consumer Voting Period. To vote consumers are required to register. All consumer and voting verification will be linked to this registration.
13. All votes will be monitored by the Promoter. The Promoter reserves the right in its discretion to disqualify consumer votes if it reasonably considers them to be invalid or not genuine. An “invalid vote” is a vote which has been made other than by an individual consumer acting freely and in accordance with these Global Terms and includes without limitation: bulk votes, votes by or via syndicates, entries by macros or other automated means (including systems or applications which can be programmed to vote), use of false identities or manipulation of IP addresses, and any other vote which has been placed in any other way than by a genuine consumer in accordance with the requirements of these Global Terms. Finalists are also prohibited from seeking any professional services to obtain votes and must not purchase or reward votes in any way.
14. The Promoter shall have the right, to undertake any action as it may deem necessary to protect itself against any invalid votes including, without limitation, by requiring further verification as to the identity, age, and other relevant details of a voter and his/her voting patterns.
15. At the end of each voting period the Promoter will allocate a proportion of the fund to the Finalists on the basis of the percentage of the total number valid votes received by them during the previous voting period. The Promoter reserves the right to disclose the status of each period’s verified voting for all Finalists at its absolute discretion.
16. Votes will be calculated within five business days from the end of the voting period, and the payment of the Consumer Prize will be made to the Finalists within 10 business days of the end of the consumer directed promotion phase of the Global Competition.
17. The Promoter reserves the right to delay the distribution of Consumer Prizes while it investigates any votes it suspects are invalid votes or other suspicious activity.
18. The Promoter reserves the right, acting at its discretion, to disqualify any Finalist which it reasonably determines to be involved with the placing of invalid votes or who is otherwise engaging in tactics to increase that Finalist's votes in a way that is not consistent with the spirit of the Global Competition.
19. The Promoter shall not be responsible for any votes that are lost, damaged or delayed for any reason including as a result of any network, computer hardware or software failure of any kind. In the event of a technical failure or other circumstances beyond the Promoter's reasonable control which affects the voting process, the Promoter will determine how to distribute the Consumer Prize at its absolute discretion having regard to all the circumstances and information available to it at the relevant time.
20. The number of votes, ranking or status for the Finalists after each voting period and therefore the corresponding amount of the Consumer Prizes received by each Finalist during the Consumer Directed Promotion does not count toward and has no impact on the outcome of The Venture Final Pitch nor the allocation and award of the Grand Prize awarded pursuant to Stage 3.
21. Precise times and dates for the consumer voting are yet to be finalised. The Promoter will populate and communicate a table similar to the one below and a copy will be posted on the Website and will then form part of these Global Terms. Once communicated, no changes to the dates or times will be made:
|Week||Date open||Time open (GMT)||Date closed||Time closed (GMT)|
|1||09 / 05 / 2017||09:00||16 / 05 / 2017||11:45:36|
|2||16 / 05 / 2017||09:00||23 / 05 / 2017||11:45:36|
|3||23 / 05 / 2017||09:00||30 / 05 / 2017||11:45:36|
|4||30 / 05 / 2017||09:00||06 / 06 / 2017||11:45:36|
|5||06 / 06 / 2017||09:00||16 / 05 / 2017||11:45:36|
STAGE 3 – THE VENTURE FINAL PITCH
22. During stage 3 the Finalists compete for some, all or a share of US$750,000 of the Fund (the “Grand Prize”).
23. The Venture Final Pitch is scheduled to take place 10 to 14 July 2017 and is likely to be in the USA (location to be confirmed).
24. The Local Terms applicable to each Finalist set out the terms relating to the Local Competition prizes and the travel, accommodation and catering arrangements that apply during The Venture Final Pitch as well as the costs and expenses that are not included.
25. At The Venture Final Pitch, each Finalist will have the opportunity to pitch for the Grand Prize in front of a global expert panel of Judges (two or more of whom will be completely independent of the Promoter) (the “Judges”).
26. Each Finalist will be required to make a presentation before the Judges. Each Finalist will be allocated approximately 10 minutes to present their business and approximately five minutes in which to respond to questions from the Judges. Precise details for your presentation will be prescribed and communicated to all the Finalists as soon as they are finalised.
27. Finalists' presentations will be evaluated by the Judges according to the following broad criteria:
- Market opportunity and size;
- Demonstrable impact: measurable social or environmental impact and a model that can scale;
- Sound business model and organizational strategy;
- Financial feasibility and sustainability: can earn revenue;
- Skills, experience and commitment of management team.
28. The Judges will determine in their absolute discretion how to allocate the Grand Prize. For example, the total Grand Prize may be awarded to one Finalist, or a larger group of some or all of the Finalists. The allocation of the entire Grand Prize will be announced at The Venture Final Pitch event and confirmed in writing within five business days from The Venture Final Pitch.
29. The Judges' decisions are final and binding on all matters relating to the allocation of the Grand Prize.
30. The Grand Prize will be paid directly to the winning Finalist(s) via wire transfer within 10 business days from The Venture Final Pitch.
THE GLOBAL COMPETITION MATERIALS
31. The Global Competition Materials will enable the Promoter to carry out advertising and promotion of the Global Competition and will include the following:
- a Finalist's profile for the Website;
- 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 (“PR & Promotional Material”)
- Together with any other marketing materials as may be requested by the Promoter in connection with the Global Competition. Details of the Global Competition Materials appear below.
32. The Promoter may use the services of specialist external marketing and PR agencies (“Agencies” or an “Agency”) to assist it and the Finalists with the preparation of the Global Competition Materials and Finalists shall cooperate fully with such Agencies.
33. The Promoter estimates that the time required of each Finalist to provide/participate in the preparation of the Global Competition Materials will be approximately three days, with such materials being created between 1 January, 2017 and the end of Accelerator Week. You agree to fully participate (without any payment whatsoever) in the preparation of the Global Competition Materials as may be required by the Promoter.
34. The Promoter shall have final approval over all Global Competition Materials submitted by Finalists. Finalist shall make any changes to the Global Competition Materials requested by Promoter in accordance with the timeframes specified.
35. Rights to Global Competition Materials
i. By providing and participating in the creation of the Global Competition Materials, each Finalist and Representative agrees and hereby grants to Promoter and its successors, licensees and assigns an unlimited, worldwide, perpetual, irrevocable, assignable, royalty-free, fully paid-up licence to reproduce, distribute, perform, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit and otherwise use the Global Competition Materials, and all elements embodied therein, including the Finalist's name and logo, and the names, likenesses, voices and performances of any persons embodied therein, in any manner and in any and all media now known or hereafter devised throughout the universe for commercial purposes relating to the Global Competition, historical reference and internal, without compensation or notification to, or permission from, the Finalist, the Representative of the Finalist, or any third party and hereby waives (and agrees at no time to attempt to assert) any moral rights in the Global Competition Materials.
ii. The Promoter shall endeavour to give the Finalists approximately the same amount of marketing exposure throughout the Competition. However the Promoter will have no obligation to make any use whatsoever of the Global Competition Materials and it may cease using any Global Competition Materials for any reason or for no reason at any time at its absolute discretion.
iii. The Finalist represents and warrants that the Global Competition Materials it provides are the original work of the Finalist and do not and will not infringe the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By submitting Global Competition Materials, Finalist warrants and represents that any individuals featured in the Global Competition Materials have consented to the submission and use of the Global Competition Materials as set forth in these Global Terms.
iv. If the Finalist provides any material for use as part of the Global Competition Materials that is not owned by the Finalist and/or which are subject to the rights of third parties, the Finalist is responsible for obtaining, prior to submission, any and all licences, releases and consents (“Releases”) necessary to permit the use and exhibition of the material as part of the Global Competition Materials by Promoter in the manner set forth in these Global Terms. The Promoter reserves the right to request proof of these Releases in a form acceptable to the Promoter from any Finalist at any time. The Promoter, in its absolute discretion, may cease to use any Global Competition Materials if the Finalist fails to provide adequate proof of Releases.
36. Finalist's Profile on the Website
- The Promoter will create a profile on the Website providing details about each Finalist's business and the Global Competition, due to go live in March 2017. Each Finalist is required to co-operate with the Promoter or its Agency to ensure that the profiles are of the required standard. This may involve attending photograph sessions, providing images relating to your business and providing copy describing the business and its social impact.
37. Business Plan, references and post-competition information
i. Finalists provided business information in the prescribed form as part of the application process for the Local Competition (the “Business Plan”). In the event that any information is missing or insufficient from the Business Plan, the Finalist shall complete such information about its business upon request by the Promoter.
ii. Finalists were asked to provide business references as part of the application process for the Local Competition. In order to participate in the Global Competition each Finalist will have completed the Regional Application Form and supplied references which Promoter may contact before The Venture Final Pitch. If any reference raises any concerns to the Promoter the Promoter may require the relevant Finalist to respond.
iii. The Finalists agree to provide the following business information to the Promoter upon reasonable request of the Promoter after the end of the Global Competition:
- the percentage growth in revenue and profit during The Venture competition and thereafter;
- the annual revenue of the business over the last 3 years
- the growth of the business since the Competition (in terms of employees numbers and markets entered);
- details of how any money awarded during The Venture was used by the business;
- data showing the impact of any money awarded to the business during The Venture (e.g. the number of people impacted, the number of customers or beneficiaries reached or the number of products sold by the business); and
- general information about the future plans for the business and the projected growth of the business.
- Such information may be used by the Promoter in a public-facing impact report relating to the Competition, in statistics and data relating to the Competition and the Promoter’s corporate social responsibility contributions.
38. PR and Promotional Materials
- The Finalists and their Representatives that are over the age of 25 and look over the age of 25 years old may be required to participate in the creation of various PR and Promotional Materials for the purpose of promoting the Finalists, their business ideas, the Global Competition and/or the Promoter and its products and services.
- You agree and acknowledges that Finalists and Representatives have no right of approval over the final PR & Promotional Materials and that the Promoter has no obligation or liability to any Finalist or Representative who does not like the PR & Promotional Materials made on its, his or her behalf.
- The Promoter will give the Finalist reasonable notice of his or her attendance being required to prepare any PR & Promotional Materials. PR & Promotional Materials will require your interaction and cooperation with an Agency. Reasonable travel costs and expenses must be agreed with the Promoter in advance and will then be reimbursed upon production of receipts.
- Rights to PR & Promotional Materials: The Promoter shall own all right, title interest in and to any PR & Promotional Materials. The PR & Promotional Materials shall constitute work for hire or if for any reason the PR & Promotional Materials (or any element thereof) is determined not to qualify as work for hire, you, in your capacity as the Representative of the Finalist hereby (a) assign to Promoter all right, title and interest in the PR & Promotional Materials. Without limiting the generality of the foregoing, the Promoter and its successors, licensees and assigns shall have the unlimited, perpetual, worldwide right to reproduce, distribute, perform, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit and otherwise use the PR & Promotional Materials, and all elements embodied therein, including the Finalist's name and logo, and the names, likenesses, voices and performances of any persons embodied therein, in any manner and in any and all media now known or hereafter devised throughout the universe for commercial purposes relating to the Global Competition, and for the Promoter's historical reference and internal purposes, without
- Each Finalist will be required to sign an affidavit of eligibility and a publicity/liability release within seven (7) business days of initial notification of such requirement, and will be required to procure the signature of any third parties as required to give effect this clause.
39. The Pernod Ricard Code of Responsible Marketing (the “Code”)
- The Promoter is a member of the Pernod Ricard group of companies. As such, it is required to ensure that all aspects of the Global Competition, including the Global Competition Materials, comply with the Code. A full copy of the Code can be viewed here.
- Finalists and all Representatives are required to ensure that their business and conduct throughout the Global Competition is entirely consistent with and in accordance with the Code. In particular the Code states that the Global Competition Materials must not contain, as determined by the Promoter in its absolute discretion, any content that:
- features someone who is or appears to be under the legal drinking age or is made by someone under the legal drinking age;
- features prominently any people who are not, or who do not look, over 25 years old;
- encourages underage purchase or drinking of alcoholic beverages;
- encourages the drinking of alcohol during pregnancy;
- encourages illegal, irresponsible or immoderate drinking, or condemns or criticizes in any way anyone who chooses not to drink alcohol;
- portrays irresponsible drinking in a positive light or associates drinking with driving, operating any kind of machinery or engaging in any kind of dangerous or unsafe activity;
- implies alcoholic beverages have any physical, psychological or intellectual benefits, gives bravado, confidence or helps to overcome individual or social problems;
- implies alcoholic beverages consumption contributes to any kind of success (for instance in the field of personal relationships, social success, popularity, work, sports or suggest that it can enhance mental or physical performance);
- relates to addiction in any way;
- promotes any particular political agenda or message, or endorses or promotes any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about the Promoter, its products or services, other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors), personal information (such as licence plate numbers, addresses or names) or copyrighted materials owned by others, without permission, to extent permission is necessary;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, (including impersonations of such people) without permission;
- communicates messages or images inconsistent with the positive images and/or good will with which Promoter wishes to associate; or
- ·violates any law
iii. Finalists shall cooperate fully with the Promoter and assist the Promoter to ensure full compliance with the Code.
40. Background checks
- The Promoter reserves the right to conduct further background checks on the Finalist, the Representative and its business idea. This may include without limitation financial, civil and criminal court records and police reports on the Finalist, Representative and other entity directors. By participating in the Global Competition you give the Promoter permission to conduct such background and financial or criminal checks and if necessary shall provide such written authorisation and information as may be required to allow these to be carried out.
- If the Promoter determines in its sole discretion that Finalist is not a suitable candidate to participate in the Global Competition, including, without limitation, because the Finalist's participation in the Global Competition might reflect negatively on Promoter, the Promoter will be able to eject that Finalist immediately, and reclaim any of the Consumer Prize or the Grand Prize as paid to the relevant Finalist.
- The Promoter reserves the right, in its absolute discretion, to disqualify any Finalist that fails to authorise such checks or if, based on the results of the checks, the Promoter determines in its absolute discretion that the Finalist is not a suitable candidate to participate in the Global Competition, including, without limitation, because the Finalist's participation in the Global Competition might reflect negatively on the Promoter and/or the Pernod Ricard group.
42. Representation and warranty
- The Finalist represents and warrants on its behalf and on behalf of the Representative that:
- their business is a for-profit legal entity, and it has been established in accordance with all applicable federal, provincial, state and local laws rules and regulations;
- the Representative for the Global Competition is 25 years of age or older with power to bind the business;
- its business does not and will not violate the rights of any third party;
- neither the Finalist nor its Representative have ever been convicted of fraud, been bankrupt or been disqualified as a company director;
- neither the Finalist nor its Representative will carry out any act or omission which is untrue or which could reasonably be considered to be obscene, blasphemous or defamatory, derogatory or disparaging, or that may or does adversely affect any advertising or promotional campaign of the Promoter, or may or does bring the Promoter into disrepute including but not limited to any arrest, prosecution or conviction relating to any criminal or illegal act including without limitation, any drink, dangerous or reckless driving event;
- the Finalist and the Representative have and will at all times comply with the Code including those extracted parts shown in paragraph 39;
- the Finalist shall not without the consent in writing of the Promoter use, reveal or make public any financial or business information of the Promoter or any member of the Pernod Ricard group;
- the Finalist and Representative shall obtain approval in advance from the Promoter before carrying out any PR or giving any interviews in respect of the Competition;
- the Finalist has disclosed to the Promoter in writing any incidents in its past or present personal or business circumstances that a reasonable person would reasonably expect to be material to the Promoter in operating the Global Competition and giving exposure to the Finalist;
- the Finalist has complied with the Local Terms and has complied and will continue to comply with the Global Terms;
- any use of the Global Marketing Materials to which the Finalist has contributed by the Promoter, its successors, licensees and assigns, will not violate or infringe the rights of any person or entity.
43. Release of liability and indemnity by Finalist
- By participating, each Finalist and Representative agrees to defend, release, discharge, indemnify and hold harmless upon demand the Promoter, its parent, affiliates, subsidiaries, and Agencies and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing from any and all losses, claims, allegations, demands, costs, liabilities, judgments, settlements, penalties, damages and expenses (including, without limitation, reasonable attorneys' fees and settlement costs) resulting, in whole or in part from the Finalist's participation in, or disqualification from, the Global Competition or Local Competition including without limitation:
- any travel/activity related thereto and
- any related activity or the acceptance, possession, use or misuse of any awarded prize;
- any alleged or actual violation of the Local Terms or Global Terms;
- any actual or alleged breach of any representation, warranty or agreement in the Global Terms;
- any use of the Global Competition Materials permitted in the Global Terms.
ii. Nothing in these Global Terms limits either the Promoter's or the Finalist's liability for fraud, or for death or personal injury caused by its negligence or any other liability to the extent that such liability cannot be excluded or limited as a matter of law.
- At any time during the Global Competition, and without limiting the other rights the Promoter may have at law or as set out in these Global Terms, the Promoter may exercise, at its absolute discretion, its right to disqualify a Finalist from the Global Competition and demand the return of any prize monies distributed in the event Promoter determines at any time that the:
- Finalist has participated in, facilitated or procured the casting of invalid votes;
- Finalist has failed to comply with the Local Terms or the Global Terms;
- Finalist or any person connected to the Finalist including the immediate family of directors or business partners, has committed or commits any act or acts that might reflect negatively on Promoter, brings or threatens to bring the Promoter or the Pernod Ricard S.A. group into disrepute;
- Finalist or the Representative behaves in a way that is in breach of the Code;
- Finalist or the Representative fail background checks.
- If the Promoter determines that it will exercise its discretion to disqualify a Finalist, it shall give written notice to the Finalist that it is terminating the Finalist's involvement in the Global Competition together with the reasons for that decision and that notice shall take effect upon receipt by the Finalist.
45. Approval for PR
The Finalist agrees not to release any publicity or other materials on its own or through someone else regarding participation in the Global Competition without the prior consent of the Promoter, which it may withhold in its absolute discretion.
- Finalists shall not enter into any endorsement or promotion arrangement relating to another alcohol brand from the date their application is submitted until (i) the Finalist receives confirmation that it has not been selected to proceed to the final of the Local Competition, or (ii) if selected to participate in the final of the Local Competition, until 1 December 2018.
- The Promoter is not responsible or liable for:
- entries or other communications which 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;
- lost, interrupted or unavailable network, server, telecommunications, satellite, Internet Service Provider (ISP), website, or other connections;
- computer hardware or software malfunctions, failures or difficulties;
- 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;
- injury or damage to Finalists' or to any other person's computer related to or resulting from participating in the Competition or downloading materials from or use of the Competition website; or
- other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Global 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 Global Competition winner or in any Global Competition Materials.
48. Choice of Law and dispute resolution
- The Global Competition and these Global Terms shall be governed by the laws of England and Wales without regard to any conflict of law provision or rule that would result in the application of the law of any other jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Global Terms, or the rights and obligations of the Finalist, Representative and Promoter in connection with the Global Competition, shall be governed by, and construed in accordance with, the laws of England and Wales.
- Except where prohibited by law, each Finalist agrees that:
- any and all disputes, claims and causes of action arising out of or connected with this Competition or any prize awarded shall be resolved individually and exclusively by the courts of England and Wales;
- under no circumstances will the Finalist be permitted to obtain awards for, and Finalist hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.