Terms and Conditions

The Contest is promoted and run by Odd Form of Sin Ltd., which trades as Difford's Guide on behalf of the Promoter, a company registered in England and Wales with company number 03365966 and with registered office address: The Clocktower, Sherbourne Valley, Rye, East Sussex, TN31 6HY, England (the "Organizer").

By participating in this Contest, you accept these Terms and Conditions (as forming part of our website Terms and Conditions, references in these Contest Terms to Terms and Conditions shall mean the website Terms and Conditions as incorporating these Contest Terms). If you do not agree with the Terms and Conditions, you should not participate in this Contest.

1. DURATION AND PHASES OF THE CONTEST

1.1. The Contest will be divided in the following phases:

• The Competition will open as of 12:00pm (ECT – European Central time) on 13th May 2020 and close on 14th June 2020 at 12:00pm.
• The voting Phase will take place from 13th May 2020 to 21st June 2020 at 12:00pm.
• Winners will be announced on 24th June 2020 on @havanaclub_pro Instagram account plus on Difford's Guide

2. ELIGIBILITY REQUIREMENTS

2.1. All Users willing to participate in the Contest ("Users") shall meet all the following requirements to be eligible:

a. Must be an adult, 21 years old or older.
b. Must freely and knowingly give their consent as described in these Terms and Conditions.
c. Must legally give the authorization and assign to Promoter the rights indicated in section 3 of this document.
d. Must be a professional bartender.
e. Must be a resident of any countries, except for citizens or residents of the USA.
f. Cannot be employees or agents of the Promoter or of the Organizer, nor their relatives, or any other person who is directly or indirectly related to the organization of the Contest.

2.2. The Users will not encourage any of the aforementioned individuals and people who have not reached the legally prescribed age for acquisition and consumption of alcoholic beverages in their country of residence as of the date of their participation in the Contest to take part directly or indirectly in the Contest.

2.3. The Users will respect a maximum measure of 5cl of Cuban Havana Club rum per cocktail.

2.4. Each User may submit multiple entries in the Contest, but only one per cocktail. Cocktails that are part of the contest are the following ones: Mojito, Daiquiri, Frozen Daiquiri, Cuban Ginger, Cuban Punch, Pina Colada, Mai Tai, Cancha, Cuba Libre, El Presidente.

2.5. The cocktail must include Cuban Havana Club rum.

3. PARTICIPATION IN THE CONTEST

3.1. Users may participate in the Contest through two nomination routes through the following link.

a. Users willing to participate in the Contest must post their video on Youtube and enter it on Difford's Guide.
b. Users willing to participate in the Contest may also promote it on Instagram.
To win the creative prize on Instagram, users have to follow @havanaclub_pro, tag @havanaclub_pro and hashtag #yeshavanaclub and #havanaclubrecipehub in all their posts and stories.

3.2. Users participating in the contest must provide the following information on the Difford's Guide Platform, enter section:

a. Name and surname, date of birth, and email address; the name of bar and its city
b. Name of the cocktail and the link to where it has been posted on YouTube

3.3. All the information provided by Users through the entry form will be verified, moderated and reviewed. The Organizer and the Promoter may request further information to the Users who have submitted an entry form.

3.4. The Promoter reserves the right to verify the eligibility of Users and validity of the videos submitted. The Promoter may require further information as it considers reasonably necessary for the purposes of this Contest. The Prize may be withheld until then and unless the Promoter (in its sole discretion) is satisfied with the verification of the information provided.

3.5. Promoter will select, under its sole discretion, the Users awarded with the Prize among all the entries submitted.

3.6. All the videos must be uploaded to the following link.

4. ABOUT THE CONTENT AND INFORMATION INCLUDED IN THE SUBMISSION FORM

4.1. All text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials included in the submission are collectively the "Content".

4.2. Users hereby agree to fully assign and transfer to the Promoter all right, title and interest in and to any sort of intellectual property included in, or arising from the Content (including trademarks, designs and other similar rights as applicable in each jurisdiction and all forms of copyright, authorship rights, and neighboring rights) and all of their image rights included in the Content (meaning all forms of self-image rights, including appearance and voice, and all publicity rights derived from them, included in, or arising from the Content).

4.3. The assignment referred to in the previous paragraph will automatically vest on Promoter, and will be in force indefinitely (for the maximum period of time allowed by applicable law) on an exclusive and worldwide basis.

4.4. Promoter will be immediately entitled to use and reproduce in any media and formats (including print, radio, television, cinema, internet, web pages and social media; and through analogic, digital, interactive or multimedia) the Content, with the right to assign and grant licenses at its sole discretion.

4.5. The assignment includes all rights and forms of reproduction, distribution, communication to the public (including making available to the public) and transformation (including all rights to exploit the derivative works that may result from it).

5. HOW THE CONTENT SHOULD AND SHOULD NOT BE

5.1. Users will not include or provide Content that: (i) it is not owned by the Users; (ii) infringes the privacy rights, right to image, contract rights, intellectual or industrial property rights or any other rights of any person; (iii) results in a breach of contract between Users and a third party; (iv) is illicit or has illicit purposes; (v) is illegal or results on a violation of the applicable law; (vi) harms, damages or is contrary to the interests of Promoter or Promoters community; (vii) violates these Terms and Conditions; (viii) infringes the customs or general practices of the relevant territory; (ix) causes reputational damage to Promoter; or (xi) violates or infringes the values or philosophy of Promoter.

5.2. The Content shall not: (i) be obscene or indecent (including but not limited to nudity, pornography or profanity content is prohibited); (ii) contain defamatory statements, words or symbols that are offensive, either generally or to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; (iii) include threats to any person, place, business or group; (iv) include any link to inappropriate drinking; and (v) must not include images of anyone who is or appears to be under the age of 21, in order to comply with the Pernod Ricard Code for Commercial Communications.

5.3. The Content must comply with the Pernod Ricard Code for Commercial Communications.

5.4. The submissions including Content that does not meet with all the requirements included in this section and in the Terms and Conditions will not be deemed as valid and may be discretionally disqualified.

6. The videos will be watched and rated by people all over the world. The 100 ones with the highest number of votes will be awarded a prize up to two hundred (200) euros each.

7. THE PRIZE

7.1. One hundred (100) winners will be awarded two hundred (200) euros each.

7.2. Top three winners (3) will receive: one thousand (1000) euros for the winner, six hundred (600) euros for the second and four hundred (400) euros for the third one.

7.3. The Prizes must be accepted as granted and it will not be transferable.

7.4. Payment will be made by PayPal and therefore the User must ensure they have a PayPal account.

8. MARKETING AND PROMOTIONAL ACTIVITIES

8.1. All winners agree to participate in any reasonable promotional and publicity activities that will be determined by the Promoter without further compensation ("Promotional Activities").

8.2. Promotional Activities may include, but not limited to: (i) wearing or using, and being photographed wearing or using Havana Club or Pernod Ricard branded items or products; (ii) providing information, opinion, publicity, or other content, in speech, text, image or video form; and (iii) the use of winner's name, address, trademarks and logos, photographs, voice and/or other likeness for advertising, trade and promotional purposes. Winners will be liable for complying with applicable laws on publicity.

8.3. Winners hereby agree to fully assign and transfer to the Promoter all right, title and interest in and to any sort of their image rights for promotional Activities.

8.4. The assignment referred to in the previous paragraph will automatically vest on Promoter, and will be in force indefinitely (for the maximum period of time allowed by applicable law) on an exclusive and worldwide basis.

8.5. Promoter will be immediately entitled to use and reproduce in any media and formats (including print, radio, television, cinema, internet, web pages and social media; and through analogic, digital, interactive or multimedia) the image rights of winners, with the right to assign and grant licenses at its sole discretion.

8.6. The assignment includes all rights and forms of reproduction, distribution, communication to the public (including making available to the public) and transformation (including all rights to exploit the derivative works that may result from it).

9. RIGHTS OF THE PROMOTER

9.1. All the Content will respect Promoter's Code of Commercial Communications and the philosophy and values of Promoter. Users will only use and reproduce Promoter´s trademarks, brands, names or other intellectual property rights when expressly authorized to do so by Promoter, and in the manner and taking into account the instructions provided by Promoter.

10. PERSONAL DATA PROTECTION

10.1. The personal data provided by Users will be processed by the Promoter and the Organizer, which will act independently as the data controllers and it will use the data to satisfy the obligations set forth in these Terms and Conditions. Users agree that the Promoter is located outside the USA, in la Habana, Cuba.

10.2. The personal data will be processed for the purposes of executing this Terms and Conditions and the rights and obligations contained herein, along with the maintenance of the commercial relationship with Users. The legal grounds for processing the data is the legitimate interest in maintaining the commercial relationship and the execution of this Terms and Conditions, since the data is necessary for executing this Contest.

10.3. Data Controllers will retain the personal data for as long as this agreement and the commercial relationship remain in force, and upon its termination, insofar as liabilities may arise and in accordance with legal requirements.

10.4. Third parties may only access the personal data if they are legally or contractually bound to the Data Controllers for providing the ancillary services necessary for the execution of the entrusted services to function properly. None of the Data Controllers may make international transfers of personal data.

10.5. Users will be responsible of any claim due to an infringement of the personal data or privacy rights of any person, company, enterprise or similar, including if a person appears or it is named in the Content without express written consent. The burden of proof rests with the Users, who hereby represent and warrant that the Content do not violate the right to personal data or privacy rights of any third parties.

10.6. Data Controllers inform Users that their personal data will be preserved for as long as the relationship between Users and Promoter is in force.

10.7. Users may exercise, in the terms established in the legislation in force, their right to access, rectify or delete their data or contact information, or to limit or oppose processing of their data, in addition to their right to portability, by sending written notice to the address of the Data Controllers. Users may file a claim with the competent supervisory authority.

10.8. To know and understand more about Promoter's and Organizer's privacy policy, please review the privacy terms and conditions on the following link. Prior to the acceptance of the present Terms and Conditions, all applicants must read and understand the privacy policy.

11. GENERAL PROVISIONS

11.1. Modifications

Promoter may modify these Terms and Conditions from time to time. Promoter will notify in writing the Users of every modification of these Terms and Conditions via mail to the address provided by them in the nomination form. The notification will attach the modified version of these Terms and Conditions. If the modification consists of a material change and Users do not agree with it, they are entitled to terminate the agreement.

11.2. Interpretation

Unless the context otherwise requires: (i) headings in these Terms and Conditions are used for reference only and are not intended to define, limit or affect scope or intent; (ii) a reference to a person includes a natural person, corporate or unincorporated body; (iii) words in the singular include the plural and vice versa; (iv) a reference to one gender includes reference to other genders; (v) references to a party shall include that party's successors and permitted assigns; (vi) any words following the terms "include", "including", "in particular" or similar expressions shall be construed as illustrative and shall not limit the sense of the words preceding those terms, as if accompanied by the words "without limitation"; and (vii) references to a statute, statutory provision or law is a reference to it as amended, extended, re-enacted or superseded from time to time and shall include subordinate legislation made under such statute, statutory provision or law.

11.3. Invalidity

If any part of these Terms and Conditions is held to be invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, it must be deemed modified to the minimum extent necessary to make it valid, legal and enforceable or, if such is not possible, the relevant part must be deemed deleted. The remaining provisions will be unimpaired.

11.4. Relationship of the Parties

At all times Users must be acting as an independent contractor, and must not be construed or deemed to be an employee, agent, partner or associate of Promoter under applicable law. Neither party has authority to assume or create any obligation or representation, express or implied, on behalf of or in the name of the other party.

11.5. Assignment

Users may not assign any of its rights or obligations under these Terms and Conditions without the prior written consent of Promoter.

11.6. Representations and warranties

Users hereby represent and warrant that: (i) they are an adult, 21 years old and older; (ii) that all the information and data provided to Promoter is accurate and truthful; (iii) that they have read and understand the Terms and Conditions and the privacy policy; and (iv) that they freely and knowingly give their consent as described in these Terms and Conditions.

Regarding the Content, Users hereby represent and warrant that: (i) they own the Content or that they are otherwise licensed or entitled to use the Content; (ii) the Content does not infringe the privacy rights, right to image, contract rights, intellectual or industrial property rights or any other rights of any person; (iii) the Content does not result in a breach of contract between Users and a third party; (iv) the Content is not illicit or has illicit purposes; (v) the Content is not illegal or results on a violation of the applicable law; (vi) the Content does not harm or damage or it is not contrary to the interests of Promoter or Promoters community; (vii) the Content does not violate these Terms and Conditions; (viii) the Content does not infringe the customs and general practices of the relevant territory; (ix) the Content does not cause direct or indirect reputational damage to Promoter.

11.7. Hold Harmless and Indemnify

To the fullest extent permitted by applicable law, Users agree to hold harmless and indemnify Promoter from and against any third-party claim arising from or in any way related to the Content or the Contest, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Promoter shall use good faith efforts to provide Users with written notice of such claim, suit or action.

11.8. Limitation of Liability

To the fullest extent permitted under applicable law, Promoter shall not, under any circumstances, be liable to Users or third parties for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with these Terms and Conditions.

11.9. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of laws principles. Any and all disputes arising out of or in connection with these Terms and Conditions shall be brought exclusively in the courts of the city of Madrid, except for when exclusive forums are legally binding.