NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. A PURCHASE WILL NOTINCREASE YOUR CHANCES OF WINNING.
CHANCE OF WINNING DEPENDENT ON VOTE OF PARTICIPANTS OVER 21 YEARS OF AGE, WHO HOLD A AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ONLINE ENTRY ONLY ANDINTERNET CONNECTION REQUIRED.
This Promotion is sponsored by and the responsibility of Flaviar Ltd., 107 Cheapside, London, EC2V 6DN, UK. Flaviar LTD (“Sponsor” or “Flaviar” henceforth)
This promotion is promoted by popupcity.net (“Promoter” or “Popupcity.net” henceforth)
BY ENTERING THE SWEEPSTAKES (“Promotion”), YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SOREAD THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1) ELIGIBILITY: To participate in the Promotion, eligible entrants, must be twenty-one (21) years of age or older and be legal residents of the United States of America and the European Union, residing in one (1) of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom. Competition is void whererestricted, taxed or prohibited by law. Employees, officers and directors of: (a) Flaviar Limited, (“Flaviar” or “Sponsor”) and their parent companies, subsidiaries, affiliates and partners, (b) authorised Flaviar Retailers and their employees, (c) affiliates, sales representatives, distributors, and promotion and other vendor agencies involved in this Sweepstakes and each of their respective affiliates (the “Released Parties”), and the household and immediate family members (spouse, child, parent, sibling) of all such employees/officers/directors, are NOT eligible to enter or win. Sweepstakes is subject to all local laws and regulations.
2) PROMOTION AND ENTRY PERIODS: This Promotion begins at 12 noon BST on September 10 2013, and ends at 12 noon BST on 30th September (“Promotion Period”).
3) HOW TO ENTER: By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor and Promoter, including the interpretation of these Official Rules and Sponsors’s exercise of discretion, which will be final and binding in all respects. Visit Flaviar Microsite (http://flaviar.com/p/popupcity) or the appropriate Sponsor page during the Promotion Period and follow the instructions to complete and submit an entry. You must have a valid email account to enter the Competition. All entries must be received during the Entry. Period. Entries are only accepted via the method described.
Information collected from entrant via the official entry form will only be used for email marketing purposes if entrant consents to use in such manner. Any requested opt-in consent is not required to enter the Promotion and will not increase your chances of winning. The use of automated devices to enter this promotion is prohibited. Any attempt by any person to submit multiple entries by using multiple/different e-mail accounts or any other methods will void all entries submitted over the Entry Period and that person will be disqualified from the Promotion. The Released Parties assume no responsibility for lost, late, or misdirected entries or any computer, online, telephone, or technical malfunctions that may occur. All entries become the property of the Sponsor and Promoter and will not be returned.
4) WINNER SELECTION/PRIZES AND APPROXIMATE RETAIL VALUES: On September 30, 2013, the entrant with the highest number of points (1 entry 1 point; additional entries are given to the entrants when they invite people to join the promotion) will be selected as the potential winner. If several entrants have the same number of points, the selection of the winner will be conducted by random drawing.
Prizes consist only of items specifically listed as part of the Prize. Certain conditions and restrictions apply. The Prize is nontransferable and no substitution or cash equivalent is allowed, except in Sponsor's sole discretion. Sponsor reserves the right to substitute a prize or prizes of the same approximate retail value for the Prize or any portion thereof.
There will be one (1) winner who will receive a gift certificate to Flaviar for the value of one Flaviar Tasting Pack (retail value £24.99) and a bottle of Dalmore 2000 Vintage, with a retail value of £47. Combined retail value £71.99. A redemption code will be sent to the winner to redeem the prize.
6) PRIZE NOTIFICATION: The potential Prize winner will be notified by e-mail address provided by the potential Prize winners during the entry process up to one (1) working day following the Promotion Close date. The potential Prize winner must agree to accept the Prize offered within five (5)days of notification, or the Prize will be forfeited in its entirety. If a notified winner is not eligible, forfeits the prize, or declines the prize, or in the event of non-compliance with these Official Rules, then Prize winner will be disqualified and an alternate winner may be randomly selected as the Prize winner, time and circumstances permitting. Return of any prize or prize notification as undeliverable or failure to accept any prize within the specified time period may, in the Sponsor's sole discretion, result in disqualification and forfeiture of prize. Upon prize forfeiture, no compensation will be given.
a) Publicity Release: Subject to applicable law, Prize winners irrevocably grant to Sponsor And Promoter the right to use and publish his/her likeness, biographical data, and contact information (including any email address provided by entrant) and/or any statements made by Prize winner regarding the Promotion or Sponsor and Promoter online and in print and in any other media now known or hereafter developed, worldwide, in perpetuity, in connection with the Promotion and for advertising and promotional purposes, without additional compensation or notification.
Acceptance of a prize constitutes permission for Sponsor and Promoter to use winner’s names and likenesses for advertising and promotional purposes in any and all media now known or hereafter developed, worldwide, in perpetuity, without additional compensation or notification.
7) ADDITIONAL TERMS: By entering, each entrant agrees to accept and abide by the Official Rules of this Promotion and agrees that any dispute with regard to the conduct of this Promotion, rule interpretation, or award of prize, shall be resolvedby Sponsor and Promoter, whose decision shall be binding and final.
By entering the Promotion, each entrant and the Prize winners shall release, indemnify and hold harmless the Released Parties, Sponsor and Promoter from and against any liability, loss, damage, cost, and expense that the Released Parties, Sponsor and Promoter may suffer as a result of any claims, suits, demands, actions, causes of action (“Claims”), penalties, expenses, or costs, including reasonable legal fees (“Losses”), whether foreseen or unforeseen, that may be made or had against the Released Parties, Sponsor and Promoter arising from or in connection with the Competition, including all such Claims and Losses arising from: 1) any prizes won; 2) the negligence, reckless acts, and/or intentional or wilful misconduct by entrants and/or Prize winner’s 3) any claims based on publicity rights, defamation, misappropriation, false association, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action and/or breach of contract. In no event will the released parties be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the Promotion, downloading from and/or printing material downloaded from any websites associates with the Promotion. In no event shall the released parties’ total liability to you for all damages, losses, or causes of action exceed £50. Without limiting the foregoing, this Promotion and all prizes are provided "as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions. As a condition of entering the Promotion, Prize winners give consent for Sponsor and Promoter to obtain and deliver his/her name, address, and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules. Any information entrants provide to Sponsor and Promoter may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list. Sponsor or Promoter is not responsible for any typographical or other error in the printing of this offer, administration of the Promotion, or in the announcement of prizes. In the event Sponsor or Promoter is prevented from continuing with this Promotion, or the integrity and/or feasibility of the Promotion is undermined by any event including, but not limited to: fire, flood, epidemic, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any national or local law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s or Promoter control (each a “Force Majeure” event or occurrence), Sponsor or Promoter shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Promotion without further obligation and, if so, Sponsor and/or Promoter reserves the right, but not the obligation, to award the prize to an entrant selected from among all valid and eligible entries received up to the time of such Force Majeure event.
Sponsor, in its sole discretion, reserves the right to modify, change, alter, and/or delete any and all terms, conditions and rules regarding: 1) the Promotion; 2) participation in the Promotion; and 3) the nature, level, value, frequency, and amount of the Prizes, at any time prior to the conclusion of the Promotion Period.
The Sponsor and Promoter reserves the right to disqualify any entrant or participant who has provided false or misleading information and/or has breached the official Rules of the Promotion.
8) COMPUTERISED ONLINE REGISTRATION: This Promotion is intended for viewing in the European Union (by legal residents of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom) only and shall be construed and evaluated according to English Law. Do not enter this Competition if you are not located in the European Union and you are not a legal resident of a European Union country (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom). Sponsor and Promoter reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. If for any reason, the computerised entry portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other cause beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, then Sponsor and Promoter reserves the right to cancel, terminate, modify, or suspend the Promotion. Each entry must be manually key-stroked and manually entered by the individual entrant. Repetitive automated electronic submission of entries is specifically prohibited, and any such entries will be disqualified.
Entries will be deemed made by the authorised account holder of the e-mail address submitted at the time of entry. “Authorised account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organisation (e.g. business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute, the
potential winner may be required to provide proof that he/she is the authorised account holder of the identified e-mail account, and Sponsor's decision will be final. Sponsor and Promoter assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries, including any error that may result in an erroneous appearance of qualification for a prize. Sponsor is not responsible for any problem or technical malfunction of any computer equipment or software that results in loss of entry. Sponsor may prohibit an entrant from participating in the Promotion or winning the Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Warning: any attempt by any person to deliberately damage any computerised site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such attempt be made, Sponsor and Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law.
9) DISPUTES; GOVERNING LAW. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. These Official Rules and the interpretation of its terms shall be governed by and construed in accordance with the laws of England without regard to its conflicts of laws rules.