The Specific Terms and Conditions, and the General Terms and Conditions, are collectively herein after referred to as “Terms and Conditions” for the Smirnoff TM Black Draw contest.
Specific Terms and Conditions
The Terms and Conditions apply to every person (“Participant”) entering the Smirnoff TM Black Draw contest (“Contest”) conducted by United Spirits Limited.
By entering this Contest, all Participants are deemed to have accepted and agreed to abide by these Terms and Conditions. If you are not agreeable to any of the Terms and Conditions, please do not participate in this Contest.
At the time of entering the Contest, the Participant must be a resident of India and must be an Indian citizen. Participant must not be less than the legal drinking age in the state that the contest is being held. The age of all Participants to be calculated from the date a Participant submits his/ her entry for the Contest. All entries in this Contest will be automatically disqualified without notice if an entrant is less than the legal drinking age or if he/ she promotes this Contest through unsolicited commercial e-mail and/or multiple postings. The contest is being held in select states.
Each Participant must complete their entry by buying 2 drinks of Smirnoff Black at the venue of the promotion and filling in the required details (whether on paper from or on the iPad), and the same must be submitted during the period commencing on 1st November 2016 and ending at 1st Jun 2016. Each Participant must submit his/ her answers as provided in these Terms and Conditions and complete the entry process including but not limited to completing the entry form, on or before: (a) the Closing Date to be eligible to participate in the Contest for the Prizes (defined below). No calls to United Spirits Limited will be accepted. By entering the Contest, each Participant promises that he or she fulfils the eligibility requirements. United Spirits Limited reserves the right to verify the validity of all entries including but not limited to the Pre-Qualified Entries (defined below) and the eligibility of Participant at any time during or after the Contest, to disqualify any entries including but not limited to the Pre-Qualified Entries (defined below) and to not consider entries that are incomplete or illegible. In the event of any dispute concerning the eligibility of any Participant, United Spirits Limited's decision shall be final.
Participants will have to answer the questions of the Contest correctly and the shortlist of the Participant(s) with correct answers will be considered as qualified entries (“Pre-Qualified Entries”) for each state. One winner for each state will be drawn at a random basis from this group. The decision of United Spirits Limited in selecting the final Entry for the Grand Prize will be done on a random basis. The decision of United Spirits Limited in selecting the winners of the Grand Prize will be final, binding and non-contestable.
One Grand Prize winner from each state will win a Ducati Monster 821 motorcycle.
The prize in the Contest may be subject to variation at the discretion of United Spirits Limited, and any change will be final and binding upon every Participant who enters this Contest.
The prizes for this Contest will be given to the winners as set out in these Terms and Conditions. Each winner must accept his/her prize in that form. Under no circumstances will cash be given as an alternative. The prizes are not transferable and must be accepted as awarded with no substitutions in cash or otherwise, except at United Spirits Limited's sole discretion. United Spirits Limited reserves the right to substitute a prize of equivalent value if a prize or a component of it cannot be awarded or utilised as described.
United Spirits Limited will contact the Participant of the Contest that have won the Prizes at the contact number of the Participant entered during the contest. In the event the Participant does not acknowledge/accept/collect/use the prize within the stated timeline and/or does not provide the information and documents requested for by United Spirits Limited within the stated timelines, the Participant acknowledges and agrees that he/she shall forfeit the prize being awarded and United Spirits Limited shall have the right to award the same prize(s) to another Participant (s).
United Spirits Limited is not responsible for failure to contact any potential winner(s), and will not be responsible for contacting or awarding the prizes to any selected Participant(s) who does not respond to United Spirits Limited's telephone calls, if any, within the time periods provided, for any reason whatsoever. Further, in no event shall United Spirits Limited be held liable for a prize if it does not reach the winner or recipient for reasons beyond its control.
The winners shall be liable for any taxes, duties, perquisite tax, income tax and/or surcharges that may be levied on competition/contest prizes/awards and for any expenses not specified in the description of the prizes.
Contest entries and any materials (whether in written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recordings taken of Participant and their guest(s) is the property of United Spirits Limited and United Spirits Limited shall have the right, in perpetuity, to use the material in any medium (including internet) free of charge and in any reasonable manner it sees fit. All present and future intellectual property rights in any such material become and remain the sole property of United Spirits Limited. The Participant hereby expressly, irrevocably and unconditionally waives, to the maximum extent possible, all moral rights to which he/she may now or at any time be entitled in respect of any video, photo, film or other document protected by intellectual property rights.
General Terms and Conditions
Employees of United Spirits Limited or their relatives or employees of United Spirits Limited's affiliates, group companies, marketing and promotion agencies are not eligible to participate in this Contest.
Failure to comply with any of these Terms and Conditions (including instructions) will disqualify any Participant from continuing to take part in the Contest and such Participant's participation will be invalid. United Spirits Limited retains the sole discretion to refuse Participants the right to participate if it feels that these Terms and Conditions are being violated.
United Spirits Limited reserves the right to change any details of the Contest, including but not limited to amending these Terms and Conditions; the type of Contest and the prizes/awards for the Contest. United Spirits Limited reserves the right to amend, temporarily suspend or withdraw the Contest in its absolute discretion provided that United Spirits Limited shall not exercise this right unreasonably.
United Spirits Limited shall not be liable to award/provide the prize(s) and/or declare the winners of the prizes of the Contest due to any cause beyond its reasonable control, including but not limited to, Act of God, insurrection or civil disorder, religious strife, war or military operations, terrorist act, partial or total strikes, either internal or external, lock- out, epidemic, blockage of means of transport or of supplies, national or local emergency, earthquake, fire, storm, flood, water damage, governmental, regulatory or legal restrictions, acts or omissions of persons for whom United Spirits Limited is not responsible.
By entering this Contest, Participants agree to hold harmless United Spirits Limited, its agencies, the judges and its affiliates, against any and all liability, damages or causes of action (however named or described) with respect to or arising out of: (i) Participant's participation in the Contest; (ii) the receipt or use of the prizes awarded; and (iii) the administration of the Contest and the distribution of prizes awarded. Participants hereby release, waive and discharge any and all claims of damage, loss or causes of action (including negligence) including but not limited to loss or damage to person or property which the Participant and his/her representatives or assignees may have, suffer or which may hereinafter accrue to the Participant or as a result of the Participant's participation in the Contest or use of the prizes awarded.
United Spirits Limited reserves the right to disqualify any Participant who tampers with the entry process or submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of United Spirits Limited, engaged in conduct in entering or participating in the Contest which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Contest and/or United Spirits Limited. United Spirits Limited reserves the right to disqualify a winner if it becomes aware that the winner and/or the winner's entry is of a type described in this paragraph. United Spirits Limited reserves the right to exclude winners who have been convicted of a criminal offence or who have a criminal court case pending.
The Participant warrants that he/she is the sole owner of any and all materials submitted by him/her as part of the Contest including but not limited to all details mentioned on the entry form (“Materials”), and he/she has obtained all necessary consents, if any, and neither the Materials nor its exploitation by United Spirits Limited or its affiliates will infringe any rights of any third party. The Participant shall indemnify, defend, and hold harmless United Spirits Limited, its affiliates, its agencies and the judges of the Contest from any and all liability, loss, costs, damage, judgment, or expense (including reasonable attorney’s fees) resulting from or arising in any way out of any such claims by any third parties and/or which are based upon, or are the result of any breach of the warranties in this paragraph.
All Participants acknowledge and agree that the decisions of United Spirits Limited with respect to all aspects of the Contest are final and no correspondence will be entered into in this regard.
United Spirits Limited shall not be responsible for late, lost, illegible, falsified, delayed, incomplete or destroyed entries and all such entries are void and may be disqualified at any time. United Spirits Limited does not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, lost delayed or garbled data or transmissions, omissions, interruptions, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof. Entry materials/ data that have been tampered with or altered are void.
United Spirits Limited is not liable for any problems, errors, or negligence that may arise or occur in connection with this Contest, including but not limited to, any damage to the Participant's computer or other technical device, or software, as a result of the Participant's participation in this Contest. United Spirits Limited shall not be liable in any way for any failure or breach by any party in connection with this Contest, prize or prizes and accepts no responsibility for any loss suffered by a Participant arising from this Contest, prize or prizes.
United Spirits Limited advocates the responsible service and consumption of alcohol and abides by a strict code of marketing practice for alcoholic beverages. It is a condition of this Contest that Participants comply with applicable regulations and guidelines for the responsible service and promotion of alcohol, including the United Spirits Limited Marketing Code. Participants are encouraged to visit www.DrinkIQ.com for information on safe drinking, standard drinks and related issues. For further information about United Spirits Limited's Marketing Code or United Spirits Limited's involvement in alcohol education initiatives contact United Spirits Limited India Corporate Relations at firstname.lastname@example.org
United Spirits Limited collects Participants' personal information in order to conduct the Contest. If the information requested is not provided, the Participant is not eligible to participate in the Contest. By entering the Contest, unless otherwise advised, each Participant also agrees that United Spirits Limited and/or its affiliates may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the Participant. Participants' personal information may be disclosed to government authorities and winners' names may be published. A request to access, update or correct any information should be directed to Varun Tuli, Marketing Manager , Premium Core, United Spirits Limited India Private Limited at 7th Floor, UB Towers, Vittal Mallya Road, Bangalore - 560001, India.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Indian laws shall be exclusively applicable to any and all disputes arising out of or in connection with the Contest or these Terms and Conditions. The courts at Mumbai shall have sole jurisdiction over any and all disputes arising out of or in connection with this Contest.