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:
Closing Date means midnight on 09.07.23 in the United Kingdom.
Criteria means the Promotion will be judged by a group of Promoter’s employees that will ensure total impartiality.
Notification means a DM to the winner’s Instagram profile to obtain their postal address and phone number, and then the prize sent to the winner.
Prize means one Puerto de Indias Strawberry Proud Bottle, for one winner.
Promoter means Los Alcores De Carmona S.L., a company registered in Spain under company number ESB91082792 and with registered office at Carmona, Seville, Mercurio street 5, 41410.
Privacy Policy means the policy of the Promoter found at https://ginpuertodeindias.com/en/privacy-policy/
Promotion means this promotion to win the Prize.
Territory means United Kingdom.
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 o(f 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;
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) have access to the internet.
How to enter
(1) To enter this promotion, you must post a Puerto de Indias Strawberry related picture in Instagram stories tagging @ginpuertoindias_uk, and become a @ginpuertoindias_uk follower before the Closing Date.
(2) Entries must comply with these Terms and Conditions.
(3) The following categories of people are not eligible to enter the Promotion:
a) officers, directors and employees of the Promoter, its 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 suppliers, distributors and retailers 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.
(4) 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.
(5) 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.
(6) No payment or purchase is necessary to enter or win as this is a free prize draw. A payment or purchase will not improve your chances of winning.
(7) Entries received after the Closing Date will not be considered.
(8) 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.
(9) 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.
(10) 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.
(11) Entries that are in breach of any of the above requirements will be disqualified and removed by the Promoter.
(12) 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.
(13) 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.
(14) The Promoter shall be the sole judge of which entries are valid entries and the result of the Promotion is final.
(15) 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.
(16) 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.
(17) 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 a 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/s
(18) Prizes will be awarded in accordance with the Criteria.
(19) The winner/s of the Prize shall be selected and contacted by the Promoter within 10 days after the Closing Date.
(20) The Promoter will make reasonable efforts to contact the winner/s. The Promoter is not responsible for unsuccessful efforts to notify any potential winner/s.
(21) To receive the Prize each 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.
(22) 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 a winner.
(23) If a 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.
(24) Participants are encouraged to check their email inbox regularly after the Closing Date to ensure that they do not miss the Notification from the Promoter.
(25) Once a winner has fulfilled all requirements detailed in the Notification delivery of the Prize shall be organised for that winner.
(26) The Promoter must publish or make available information that shows that the Prize has been won. If you object to your surname, county or winning entry being published or made available please contact the Promoter through direct message through Instagram (user @ginpuertoindias_uk).
Prize
(27) The winner or winners shall each receive the Prize.
(28) Each winner is responsible for assessing its tax implications and paying any tax due or owing on the Prize received.
(29) No cash alternative is available for the Prize.
(30) The Prize is not assignable or transferable. No transfers or substitutions are permitted except that the Promoter reserves the rights to substitute a prize of equal or greater value due to unavailability or otherwise in its sole and absolute discretion.
(31) The Prize may not be claimed by a third party on your behalf.
(32) The decision of the Promoter regarding any aspect of the Promotion is final and binding and no correspondence will be entered about it.
General
(33) 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 the Puerto de Indias team or their appointed agencies as required to operate the Promotion.
(34) 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 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 we will be able to use them (e.g. by sharing them on social media) indefinitely.
(35) 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, Twitter and Instagram accounts.
(36) 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.
(37) The Promoter and its 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 its negligence.
(38) 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.
(39) The Promoter’s selection of the winner/s 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.
(40) The Promotion is void where prohibited or restricted by law.
(41) 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.
(42) 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.
