July 2021 Havana Club Spiced Instagram Giveaway

Terms and Conditions of the Promotion

• Organiser of the Promotion

Pernod Ricard UK Limited., with registered place of business at Building 7 Chiswick Park, 566 Chiswick High Road, London, United Kingdom, W4 5YG (hereinafter “Promoter”), is the organiser and promoter of the 2021 Havana Club Spiced Instagram Giveaway (the “Promotion”), with Fever Labs Inc. of 2140 S Dupont Highway, Camden, Delaware 19934, United States (hereinafter, “Manager” or “Fever”), administering elements of the sweepstakes in accordance with these terms and conditions (“Terms”). 

• Acceptance of the Terms and Disclaimer

 

2.1 By participating in this Promotion, each Participant (each one, a “Participant” and together, the “Participants“) declares that they meet all the participation requirements set forth in section 5 “Requirements for Participation” and any other requirements of these Terms, and agree to be subject to these Terms and all applicable laws, ordinances and regulations, as well as to the decisions that Manager makes, on behalf of the Promoter, regarding this Promotion in accordance with the foregoing. If at any time a Participant informs the Manager that they do not accept any part of the Terms, they will be excluded from participation in this Promotion and each the Promoter and Manager will therefore be released from all  obligations contracted with said Participant under these Terms. By participating in this Promotion, the Participant agrees to release the Manager and its administrators, partners and employees from any liability, loss or damage resulting from the Participant’s participation in this Promotion including with respect to the adjudication, receipt, possession, use and/or misuse of any of the Prizes (as defined in section 9 “Prizes”) as well as due to any technical failures of social networks or other software.

2.2 Any and all information necessary to participate in the Promotion, that is provided by the Participant, must be true. Any communication of untrue or inaccurate personal data will entitle the Manager, on the Promoter’s behalf, to disqualify the Participant from participation. The Manager may exclude from participation any Participants who are suspected of engaging in or who have engaged in abusive or fraudulent practices in relation to the Promotion. The Manager will not be responsible for the veracity or completeness of the data provided by Participants. If the Manager or Promoter cannot contact the winning Participants in order to facilitate the delivery of the Prize because the information provided is not true and accurate neither party will be responsible for any failure to deliver the Prize.

• Promotion Period

3.1 The Promotion will begin at 00:01 GMT on 14th August 2021 and end at 11:59PM GMT on 21st August 2021. 

The Manager, on the Promoter’s behalf, reserves the right to extend the Promotion period at its convenience, and shall communicate any such extension to users through an update to the original Promotion post itself. Likewise, the Manager reserves the right to interrupt and/or terminate the Promotion in advance of its scheduled end time in the event that there are unavoidable circumstances beyond the control of Manager that sufficiently justify said decision, and shall communicate any such interruption or termination to users through an update to the Promotion  Instagram post itself.

• Territorial Scope of the Promotion 

4.1 This Promotion will be developed through the Manager’s official Secret London account on Instagram (@secret.london) (the “Manager’s Instagram Account”). The territorial scope of this Promotion shall be England and Wales.

• Participation requirements

5.1 Each eligible Participant must be 18 years or older and who legally resides in England or Wales. Eligible Participants must also hold a valid and true Instagram profile and account that complies with the guidelines published by Instagram from time to time. 

5.2 The following categories of person may not be Participants or benefit from any Prize (either directly, or indirectly, for example, as a companion): (i) Fever group employees; (ii) Pernod Ricard group employees; and (iii) any person directly or indirectly related, as family member or friend, of an employee of the Promoter or Manager. 

5.3 If any Participant is found to fall within either of these categories, regardless of whether they win a Prize, their participation in the Promotion shall be automatically voided.

• Free nature of the Promotion

Participation in this Promotion is completely free and shall not require or otherwise suggest any payment for entry by the Participants.

• Promotion Mechanics

7.1 The instructions provided at the point of entry form part of the terms and conditions of this promotion. In the event of a conflict, these Terms take precedence. The mechanics of the Promotion will be communicated through the Manager’s Instagram Account. In order to participate in the Promotion, Participants must enter the promotion by completing each of the following steps: 

(i) Follow @secret.london and @havanaclubuk on Instagram; and

(ii) Like the post or publication on Instagram by which Manager shall communicate the Promotion; and 

(iii) Comment on the published Promotion Instagram post in which Manager communicates the Promotion, tagging a friend’s Instagram account handle; and

7.2 Limit of one entry per person. 

7.3 Manager reserves the right to verify the Participant’s eligibility to enter the competition, and to ask for address details for the purpose of facilitating the delivery of the Prize to the Winner at a physical address in England or Wales.

7.4 Comments made on the Promotion Instagram post must not feature:

• or tag Instagram contacts who are under the legal drinking age in that contact’s country of residence;
• images or links to images of anyone under the age of 25;
• third party brands or trademarks; 
• Content which is offensive, obscene, violent, discriminatory, defamatory or otherwise denigrating;
• the portrayal or suggestion of immoderate or irresponsible drinking;
• daring or antisocial behavior;
• anything which may breach any legal or code requirement which the Promoter is required to comply with; or
• anything which may damage the Promoter or Manager’s reputation.

Any comments made by Participants which, in the reasonable opinion of the Manager, acting on the behalf of the Promoter, are deemed to contravene these Terms will result in the respective entry being disqualified from this Promotion and reported to the relevant social media platform. The Manager, acting on the Promoter’s behalf, has sole discretion as to whether a comment contravenes these Terms. 

• Winner of the Promotion, Date and Means of Communication

8.1 In this promotional offer, Manager will draw ten (10) winners (each, a “Winner”). Alternates will also be drawn, to substitute a Winner in case they; (i) renounce the Prize, cannot be located within two (2) natural days of the Prize being drawn, (ii) are found not to comply with any of the participation requirements or (iii) are otherwise in breach of any part of these Terms.

8.2 Each Winner and the alternates will be drawn at random within one business day following the end of the Promotion period. Winners will be announced and notified by a comment on the original Promotion Instagram post made by the Manager’s Instagram Account, in which the Manager shall tag the Winners’ Instagram handle. The Manager may, in addition to this, notify the Winners by Instagram direct message to their Instagram profile from the Manager’s Instagram Account.

8.3 Each Winner must accept the prize within five (5) days of notification. Each Winner must accept the prize by sending a direct message from their winning Instagram profile to the Manager’s Instagram Account. At the time of contact, each Winner must provide to the Manager any relevant personal details and age verification required for the delivery of the Prize (see part 7 “Promotion Mechanics”). 

8.4 If a Winner does not accept the Prize in accordance with these Terms, the Prize will be deemed to be unclaimed, and the Prize will be assigned to an alternate under the same conditions noted in this clause. In this case, the alternate will have the same time period of five (5) days following the announcement of assignment in which to claim the Prize. In the event that neither the Winner or the alternate accept the Prize in accordance with the Terms, the Prize will not be awarded and the Manager will announce this through an update to the original Promotion Instagram post.

• Prize 

9.1 Each prize will consist of one Havana Club gift pack (each gift pack, a “Prize”) with an approximate retail value (RRP) of £100. Each Prize shall contain; 

• 1 x Havana Club Cocktail Making Pack (RRP £20), including:
  • 1 x 70cl bottle of Havana Club Spiced*, 
  • 1 x 33cl can of soft drink, 
  • 1 x Havana Club Glass, and
  • 1 x Recipe Card;
• 1 x Havana Club Hoodie (RRP £40); 
• 1 x Havana Club Cap (RRP £20);
• 1 x Havana Club pair of socks (RRP £10); and 
• 1 x Havana Club T-shirt (RRP £10)  

9.2 Limit of one prize per person or household. Delivery included. If the Prize, as described, is unable to be provided to the Winner, due to circumstances out of the Promoter’s control, Promoter may substitute elements of the Prize package for comparable items of a similar value. The Prize is not transferable. All taxes, insurances and other expenses, unless specifically indicated, are the sole responsibility of the person to whom the Prize is awarded. Winner will need to provide proof of age upon prize delivery.

• Participation through social networks 

Instagram does not sponsor, endorse or administer this Promotion in any way, and is not in any way associated with this Promotion. The Participants release Instagram from any responsibility derived from the development of this Promotion.

• Promotional Release

In accordance with applicable regulations, upon acceptance of the Prize, the Winners shall assign to the Promoter the right to use their name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness and/or Prize information, without further notice, in any advertising or promotional activity that is related to this Promotion through any means of electronic reproduction as is conventional industry practice. Nothing in these terms shall grant the Participant any remuneration or any benefit for the use of their image or information, other than the delivery of the Prize in accordance with these Terms.

• Data protection

12.1 The personal data that each Participant provides in the framework of the Promotion will be processed by the Manager, FEVER LABS, INC, as responsible for the treatment, in order to operate, administer, and manage participation in this Promotion, which is the legal basis of the Manager’s processing. 

12.2 The personal data of Winners will be shared with the Promoter and will be used by the Promoter for the purpose of (i) delivering the Prize and (ii) publicising or making the Winner’s name and county available to people requesting that information in line with the Promoter’s responsibilities under the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing. Delivery of the Prize and publicising the Winner’s information in accordance with the Terms are the legal basis for the Promoter’s processing. If a Winner chooses not to provide their personal data to the Manager, the Promoter will not be able to provide that Winner with a Prize.  The Promoter’s privacy policy is available here.

12.3 Neither the Promoter or the Manager shall disclose or share Participants’ personal data with any third party other than those who are engaged on their behalf to administer the competition and/or fulfil the Prize and both Promoter and Manager will delete all personal data once this competition has been administered, unless specific consent has been given for it to be retained. 

12.4 In accordance with the applicable data protection laws and regulations, the Promoter and Manager remind Participants that at any time they may exercise their rights of access, rectification, deletion, limitation of treatment, opposition to treatment, including the sending of commercial communications by electronic means, and when proceed to the portability of their data by sending an email to the relevant contact:

• For Manager/Fever: DPO@feverup.com
• For Promoter: ukconsumerfeedback@pernod-ricard.com  

12.4 For more information about the Manager’s treatment of the personal data of its registered users, please consult the Privacy Policy available at www.feverup.com. 

• General

13. 1 Participation in this Promotion implies full acceptance of these Terms. Any statement to the contrary by the Participant will result in their disqualification from the Promotion and Manager will, therefore, be released from the fulfillment of the obligations contracted with said Participant under these Terms. 

13.2 Participants must not tag, re-post, forward or otherwise share Instagram messages or posts relating to this Promotion with any of Instagram contacts who are under the legal drinking age in the intended recipient’s country of residence.

13.3 If any provision of these Terms is held to be invalid, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

• Applicable legislation and jurisdiction 

These Terms and Conditions are governed and must be interpreted in accordance with the laws of England and Wales. Any legal claim or dispute that arises in relation to these Terms will be subject to the exclusive jurisdiction of the Courts of England and Wales.

Promoter and data controller: Pernod Ricard UK Limited., Building 7 Chiswick Park, 566 Chiswick High Road, London, United Kingdom, W4 5YG.

Please drink responsibly.