Archers & Peachtree Cocktail Competition Terms & Conditions

Definitions

These terms and conditions (the "Terms and Conditions") govern your participation in the Promotion as operated by the Promoter and carry the following definitions:
Agency means the company providing the Prize, being De Kuyper Royal Dutch Distillers;
Starting Date means midday (12pm Greenwich Mean Time) on 1 October 2024;
Closing Date means midnight (12am Greenwich Mean Time) on 25 October 2024;
Criteria means the Promotion will be judged by a panel of judges with a minimum of one independent and competent judge.
Discerning Drinker means a member of Difford's Guide.
Notification means an email sent to a winner.
Prize Best cocktail created by a bartender wins €1,000 euros; 1 runner-up bartender will win €500 euros; Best cocktail created by a home cocktail enthusiast wins €1,000 euros; 1 runner-up will win €500 euros.
Promoter means Odd Firm of Sin Ltd trading as Difford's Guide, an English company with company number 03365966 having its registered office at The Clocktower Sherbourne Valley, Hastings Road, Northiam, East Sussex, England, TN31 6HY
Privacy Policy means the policy found at diffordsguide.com
Promotion means this promotion to win the Prize in order to promote Archers & Peachtree Cocktail Competition.
Territory means Global
Website means Archers & Peachtree Cocktail Competition (diffordsguide.com)

Full Terms and Conditions

1. Your entry to the Promotion is governed by these Terms and Conditions. Any entry or claim instructions are deemed to form part of the Terms and Conditions and by entering the Promotion you accept these Terms and Conditions and agree to abide by them, including any modifications.

2. The Promoter reserves the right to refuse entry or refuse to award the Prize to anyone in breach of these Terms and Conditions.

3. In the event of any conflict or inconsistency with any other communications, including advertising or promotional materials, these Terms and Conditions will prevail.

Who can enter (eligibility)

4. This Promotion is only open to residents in the Territory and entry must be submitted from within the Territory.

5. To participate in the Promotion you must:
a) be 18 years old or above and 21 years old or above in the USA;
b) be of legal drinking age in your country of residence;
c) be of legal age to enter promotions in your country of residence;
d) be a bartender or home cocktail enthusiast resident in the Territory, with a Difford's Guide account; and
e) have access to the internet.

How to enter

6. The Promotion will be advertised to the public by the Promoter on the Promoter's Instagram accounts and via the Website and Difford's Guide newsletter.

7. To enter this Promotion you must access the website. and follow the entry instructions before the Closing Date. Please note, to register for a Difford's Guide account, you will need to agree to Difford's Guide's Terms and Conditions found at diffordsguide.com and our Privacy Policy. By agreeing to our Privacy Policy you consent to us using your personal data in accordance with our Privacy Policy. We may send marketing communications to you via email, where you have consented to receive such communications from us. You can withdraw your consent or change the way you receive communications from us by using the unsubscribe links within our email marketing messages, by changing your marketing preferences in the communications section of your online account (if applicable) or by contacting us at any time at info@diffordsguide.com.

8. You must create a cocktail, which includes a minimum of 15ml (½oz) of Archers or Peachtree liqueur in the recipe using the cocktail builder tool on the website.. You must only use the ingredients listed in the ingredients list provided.

9. Entries must comply with these Terms and Conditions.

10. The following categories of people are not eligible to enter the Promotion:
a) officers, directors and employees of the Promoter, their parents, subsidiaries, or affiliates;
b) individuals or entities responsible for the development and implementation of this Promotion, and any employees, officers or directors of any corporate body responsible for the same;
c) employees working for manufacturers of alcoholic beverage products; and
d) individuals who are employees of, or members of the immediate family or household of, any of the above categories.

In general terms, no person, or relative of the same, who has been a direct or indirect collaborator of the distribution company, supplier company or the companies responsible for the development and implementation of this Promotion or who for any reason has been involved in the creation or execution of this Promotion, may participate in the Promotion.

11. Only one entry per person is permitted for the Promotion. If more than one entry is received from the same person all such further entries will be disqualified and only the first entry will be accepted as an entry into the Promotion.

12. No entries from agents, third parties, syndicates, organised groups or entries automatically generated by a computer, program, application, script or any automatic method will be accepted.

13. No payment or purchase is necessary to enter or win as this is a free prize competition. A payment or purchase will not improve your chances of winning.

14. Entries received after the Closing Date will not be considered.

15. Where the entry instructions require the submission or creation of any material (including but not limited to text, photography or videography) such material shall not include any reference to any person, whether visual or written, unless you have obtained consent for such use.

16. Due to the Promoter's commitment to promoting a message of responsible drinking, we require all entrants to be sensible, responsible and considerate when interacting with this Promotion. We will monitor any posted submissions to ensure that they comply with the Promoter's corporate social responsibility policies, including ensuring that it does not feature someone who is or appears to be under the legal drinking age or is made by someone under the legal drinking age, encourages illegal, irresponsible or immoderate drinking.

17. Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible and will be removed or destroyed by the Promoter.

18. Entries that are in breach of any of the above requirements will be disqualified and removed by the Promoter.

19. Incomplete, illegal, undelivered, stolen, misdirected or late entries will not be accepted regardless of cause, including, for example, because of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind and the Promoter will not accept responsibility for entries that are not received for such reasons. The Promoter cannot accept proof of transmission as proof of receipt.

20. The Promoter will not accept competition entries that are illegible, have been altered, reconstructed, forged or tampered with, that are photocopies and not originals or that are incomplete.

21. The Promoter shall be the sole judge of which entries are valid entries and the result of the Promotion is final.

22. The Promoter reserves the right at its sole and absolute discretion to disqualify any individual deemed to be ineligible, found to be attempting to circumvent the Promotion by tampering with the operation of the Promotion, setting up multiple accounts, using multiple identities or acting in a manner deemed by the Promoter to be in violation of the terms and conditions and, where necessary, to undertake all such action as is reasonable to protect itself against such fraudulent or invalid entries including, without limitation, to require further verification as to the identity, age and other relevant details of an entrant and their entry.

23. The Promoter accepts no responsibility for failure or delay to receive an entry where such failure is due to circumstances outside the Promoter's control.

24. By entering the Promotion you confirm that you are eligible to do so and eligible to claim the Prize you may win by doing so. The Promoter may require you to provide proof that you are eligible to enter the Promotion and that your entry complies with these Terms and Conditions and reserves the right to withhold an award of the Prize if you do not provide proof or if the evidence shows reason to believe that your entry does not comply with these Terms and Conditions.

Selecting the winner

25. The Prize will be awarded in accordance with the Criteria.

26. The winner of the Prize shall be selected by a panel of judges with at least one independent member and contacted by the Promoter via email or telephone call on 1 November 2024. If the winner agrees, the winner's details shall also be published on the Website and the Promoter's chosen social media channels.

27. The Promoter will make reasonable efforts to contact the winner. The Promoter is not responsible for unsuccessful efforts to notify any potential winner.

28. To receive the Prize the winner must respond to the Notification within 7 days of the initial notification and shall fulfil all requirements detailed in the Notification within this timeframe. Requirements which may be detailed within the message may include confirmation/proof of the winner's identification and age and details of the address the Prize shall be sent to. If requested by the Promoter, the winner may be required to sign documentation as required by law in their country of residence following receipt of the Notification.

29. For the avoidance of doubt, "initial notification" shall be taken to mean the first day on which the Notification is sent by the Promoter to the winner.

30. If the winner fails to respond to or fails to fulfil the requirements detailed by the Promoter in the Notification within the timeframe specified or they reject the Prize, the winner will be disqualified, the Prize forfeited and an alternative winner selected in the same manner as the original winner. If any prospective winner is found to be ineligible for any reason or non-compliant with these Terms and Conditions, it will result in disqualification and the Prize will be awarded to an alternative winner under the same terms as those set out above.

31. Participants are encouraged to check their email inbox (and spam) regularly after the Closing Date to ensure that they do not miss the Notification from the Promoter.

32. Once a winner has fulfilled all requirements detailed in the Notification delivery of the Prize shall be organised for that winner.

33. The Promoter must publish or make available information that shows that the Prize has been won. The Promoter may also publish this information on the Promoter's Instagram account and website, as well as that of the website and Instagram account for Archers/Peachtree liqueur. If you object to your surname, county or winning entry being published or made available please advise the Promoter at the time of the Prize notification by emailing hello@diffordsguide.com.

Prize

34. The winner shall receive the Prize.

35. The winner is responsible for assessing its tax implications and paying any tax due or owing on the Prize received.

36. No cash alternative is available for the Prize.

37. The Prize is not assignable or transferable. No transfers or substitutions are permitted except that the Promoter reserves the right to substitute a prize of equal or greater value due to unavailability or otherwise in their sole and absolute discretion.

38. The Prize may not be claimed by a third party on your behalf.

39. The decision of the Promoter regarding any aspect of the Promotion is final and binding and no correspondence will be entered about it.

Tax

The Prize of this Promotion shall be subject to the tax laws in force

General

40. You hereby confirm that all personal information submitted by you in entering the Promotion (the "Information") is true and accurate. You are disclosing the Information to the Promoter for the Promotion. The Promoter will only use the Information for the purpose of operating and administering the Promotion (including, without limitation, sharing it with any Prize provider for the purposes of awarding and administering the Promotion), and for the further purposes set out or referred to in the Privacy Policy. The Promoter is the data controller in respect of the Information. Other than as set out in these Terms and Conditions and the Privacy Policy or as may be required by law or any enactment, and unless separate consent is received to use such Information for any other purpose, the Information will not be disclosed to any third party, other than members of Royal Dutch De Kuyper or their appointed agencies as required to operate the Promotion.

41. Where the entry instructions require the submission of materials to the Promoter, you confirm that as part of your entry you agree to granting the Promoter and the Agency (Royal Duch De Kyuper) a permanent, royalty-free licence on the Promoter's standard terms to use all images or other materials submitted to the Promotion by you. Ownership of the intellectual property rights in any images submitted shall vest in you. To be clear about what this means, if you win a Prize you will own the materials you submitted but the Promoter and Agency (Royal Duch De Kyuper) will be able to use them (e.g. by sharing them on social media) indefinitely, with due credit.

The contents, brand and materials that form part of this Promotion are protected by copyright, trademarks, patents, trade secrets and/or other proprietary rights and applicable laws. No material from these pages may be copied, reproduced, modified, published, transmitted or distributed in any form or by any means, without the prior written permission of Promoters and in accordance with the provisions of these Terms and Conditions.

In the event that the participants provide content protected by intellectual or industrial property rights, the participants assign to Promoters, exclusively and free of charge, for the entire world territory and for the entire period of validity of the same, the ownership of all intellectual property rights over the works, which may be exploited by Promoters without limitation of any kind. Likewise, the participant authorizes Promoters to assign and/or license the assigned rights to third parties, on an exclusive or non-exclusive basis.

The participants undertake to hold Promoters harmless against any claim by third parties for damages arising from any of the works submitted or the use made of Promoters in the event of infringement of intellectual or industrial property rights, unfair competition or infringement of the applicable legislation.

42. The Promoter may ask you to participate in publicity relating to the Promotion and the Promoter will ask you to consent to any such publicity, which may include the use of your name and your country of residence on the Promoter's website, Facebook, Threads and Instagram accounts as well as the social media accounts of Archers and Peachtree liqueurs (run by Royal Dutch De Kuyper).

43. As far as is permitted by law, the Promoter assumes no responsibility or liability for any incorrect, incomplete or late entries, or for any faulty, incorrect, erroneous or failed electronic data transmissions, communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of the Promotion causing delays or disruption and any inaccessibility or unavailability of the internet or the Promoter's websites or any combination of these.

44. The Promoter, Agency and associated companies, agents, contractors and sponsors, to the fullest extent permitted by law, assume no liability whatsoever for any direct or indirect damage, loss, or any injury suffered by any entrant participating in the Promotion as a result of accepting the Prize or the use or disclosure of an entrant's Information in relation to the Promotion. This includes where they are unable to redeem their Prize or due to any aspect of the Prize being changed. Nothing shall exclude the Promoter's liability for death or personal injury as a result of its negligence.

45.The participant expressly consents, by the mere fact of participating in this Promotion, that Promoters may use his/her name for the purposes of informing the other users of the winner of the Promotion and without any remuneration being generated in favour of the participant.

46.The prize cannot be exchanged for cash or for any other prize. The prize is non-transferable. The commercialisation and/or sale of the prize is prohibited. In the event that actions aimed at reselling the prize (either directly or indirectly under the guise of the sale or donation of another product) are detected, Promoters will immediately demand the return of the prize, reserving the right to take the appropriate extrajudicial and judicial measures, including those aimed at protecting its corporate image. It may also bring such actions to the attention of the corresponding authorities.

47.When the prize is subject to the manufacturer's or supplier's guarantee, in the event of failure or malfunction of the article, the winners must contact the technical service of the supplier or manufacturer of the article, with Promoters being exonerated from any liability arising from the failure or malfunction of the article.

48.The Promoter and their associated companies, agents, contractors and sponsors, to the fullest extent permitted by law, assume no liability whatsoever for any direct or indirect damage, loss, or any injury suffered by any entrant (or guest of any entrant where applicable) participating in the Promotion as a result of accepting the Prize or the use or disclosure of an entrant's Information in relation to the Promotion. This includes where they are unable to redeem their Prize due to a local government travel warning or due to any aspect of the Prize being changed. Nothing shall exclude the Promoter's liability for death or personal injury as a result of their negligence.

49.In the event of exceptional circumstances outside its reasonable control the Promoter reserves the right to hold void, cancel or amend the Promotion or these Terms and Conditions at any stage, but will always endeavour to minimise the effect to entrants to avoid undue disappointment.

50.The Promoter's selection of the winner is binding in all matters. To ensure fairness and integrity of the Promotion to all entrants, the Promoter will not enter any discussion regarding the running of this Promotion.

51.The Promotion is void where prohibited or restricted by law.

52.If any provision of these Terms and Conditions is determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.

52.The Promotion and these Terms and Conditions (and any non-contractual issues which arise out of or in connection with them) will be governed by the laws of the participating country but any dispute as to the meaning of these terms and conditions will be subject to the exclusive jurisdiction of the English courts.