Black and White Table for Everyone TC

TERMS AND CONDITIONS

United Spirits Limited (hereinafter referred to as “USL”, “We”, “Our”, “Us”) is conducting a contest (“Black & White Ginger Ale”) from 9th May 2023 to 30th June 2023 (“Contest Period”) wherein the participant (hereinafter referred to as “You”, “Your” or “Participant”) has an opportunity to participate subject to the following terms and conditions (“Terms and Conditions”):

  1. These Terms and Conditions constitute an electronic record in terms of Information Technology Act, 2000, the rules made thereunder, and all other applicable laws as amended from time to time. It is clarified that this electronic record is generated by a computer system and does not require any physical or digital signatures.

  1. By participating in this Contest, You agree to be bound by these Terms and Conditions, the Conditions of Use, and Privacy and Cookie Notice available on https://in.thebar.com/ including any modifications, alterations or updates that We make. If You are not agreeable to these Terms and Conditions or these policies, please do not participate in this Contest.

  1.  Details of the Contest:

    1. Applicability:
  2. This Contest is applicable on purchase of any pack of Royal Challenge brand only and will be valid only till stocks last.
  3. The Contest is valid and applicable only in the state of West Bengal,  Bangalore, Telangana 
  4. This is a limited period Contest. You must complete the entry process on or before the end of Contest Period. USL will not accept any entries after the Contest period ends.

    1. Participant Eligibility:

      1. The Participant must be a citizen as well as a resident of India.
      2. The minimum age of Participant shall be 21 years.  In case photographs/videos are submitted as a part of the Contest, the age of Participant as well as any other person featuring in the photograph/video, must not be less than the abovementioned age.
      3. The Participant warrants that he/she fulfils the eligibility criteria as laid down under these Terms and Conditions and other relevant communication shared by USL. All entries in this Contest will be automatically disqualified without notice if the Participant does not fulfil any of the above criteria.
      4. The Participant by agreeing to the T&C is agreeing to share the data & providing consent to share participants details with a third party for Marketing & Advertising purpose.
      5. I Agree – By Agreeing to share this Data I consent to share my details with a third party for Marketing and Advertising purpose.

    1. Entry Process:

Where the Participant has to register and answer a question

    1. Gratification:
  2. The prize for the Contest is as follows: B&W branded merchandise – cards for Sharing etc
  3. The prize shall be determined at all times by USL in its sole discretion and any change will be final and binding upon every Participant/winner.

    1. Winners:

      1. Out of the all the eligible and correct entries, a pre-determined number of winners will be selected through an automated process.
      2. USL reserves the right of selection of the winners and such selection shall be as per the procedure adopted at USL’s sole discretion. USL’s decision in this regard shall be final.
      3. Each winner must accept his/ her prize in the form in which it is given by USL. Under no circumstances will cash or any other reward be given as an alternative. The Participant(s) understands and agrees that the gratification is non-transferable and must be accepted as-is.
      4. USL shall send an email to the winners at the email address given by such winner at the time of participation. In the event that the winner does not (a) acknowledge or respond to USL’s email; or (b) accept/collect/use their prize within the stated timeline; or (c) provide the information requested by USL, within the stated timelines, the winner shall be considered to have forfeited the prize and USL shall have the right to award the same prize to another winner.
      5. USL is not responsible for failure to contact the winner or in case a prize does not reach the winner, for reasons beyond its control.
      6. The winner will be liable to pay all taxes, duties, perquisite tax, TDS, 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.

  1. USL shall not be responsible for any loss, injury or any other liability arising due to participation by any person in the Contest.

  1. You warrant that (a) You are the sole owner of any and all materials submitted by You as part of the Contest including but not limited to all details mentioned on the entry form (“Material”); (b) You have obtained all necessary consents, if any, before submitting the Material and (c) neither the Material nor its exploitation by USL or its affiliates will infringe any rights of any third party.

  1. Contest entries and any Material (whether in written, audio, electronic or visual form, or a combination of those) submitted by the Participants is the property of USL and USL 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 USL. 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.

  1. USL collects Participants' personal information (such as name, mobile number, email id, age, address, signature etc.) in order to conduct the Contest, for delivery of gratification and for promotional or other purposes. Additionally, photographs and videos of Participants and winners may be recorded and used as mentioned below. The Participant is entering the contest and providing the requested information voluntarily. By entering the Contest, unless otherwise advised, each Participant: (i) consents that USL and/or its affiliates may use this information and/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, and (ii) consents to processing and management of their personal information in accordance with the Privacy and Cookie Notice available on https://in.thebar.com/. A request to access, update or correct any information should be directed to  dataprivacy.grievanceofficer@diageo.com  or raised through this webform.

  1. USL reserves the right to take photographs or videos of the winner. By participating in this Contest, You expressly agree and acknowledge that USL may publish these photographs or videos in any media and may also use this commercially. USL shall not be liable to pay any royalty/fees/compensation and the like to the Winner for using the photographs, videos and/or any other media coverage as may be deemed proper by USL.
     
  2. USL reserves the right to disqualify any Participant and/or winner who (a) fails to comply with these Terms and Conditions; or (b) tampers with the entry process; or (c) submits an entry that is not in accordance with these Terms and Conditions or (d) has, in the opinion of USL, 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 USL; or (e) has been convicted of a criminal offence or who have a criminal court case pending; or (f) promotes this Contest through unsolicited commercial e-mail and/or multiple postings; or  (g) for any other reason it deems necessary.

  1. USL 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 for the Contest without any prior written notice to You. USL reserves the right to amend, temporarily suspend or withdraw the Contest without any prior written notice to You, provided that USL will not exercise this right unreasonably.

  1. The Contest and Gratification is subject to force majeure events and on occurrence of such an event, the Contest or the Gratification may be withdrawn at the sole discretion of USL and USL shall not be liable for damages under any circumstances. For the purposes of these Terms and Conditions, a force majeure event shall mean any event beyond USL’s 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/ pandemic (including but not limited to any virus outbreaks such as the Covid-19 pandemic and any known and subsequent strains thereof), 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 USL is not responsible.

  1. By entering this Contest, Participants agree to indemnify and hold harmless USL, its agencies and its affiliates, and judges, if any, of the Contest 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; (iii) the administration of the Contest and the distribution of prizes awarded (iv) violation of terms of this Terms and Conditions by You; (v) violation of applicable laws; (vi) breach of any warranty made as a part of this Contest; and/or (vii) infringement of any third party intellectual property or other proprietary rights. 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.

  1. The Participant(s) acknowledge and agree that the decisions of USL with respect to all aspects of the Contest are final in nature and USL is not liable to entertain any feedback and/or contentions vis-à-vis the contest and/or gratification.

  1. USL shall not be held responsible and/or liable in any manner whatsoever for:

    1. any lost, illegible, falsified, delayed, altered, incomplete, tampered or destroyed entries.  All such entries shall be void and may be disqualified by USL at any time;
    2. 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;
    3. 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;
    4. any failure or breach by any party in connection with this Contest (including any gratification thereof). USL accepts no responsibility for any loss suffered by a Participant arising from this Contest.

  1. USL 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, (available at www.drinkiq.com). Participants are encouraged to visit this site for information on safe drinking, standard drinks and related issues.

  1. Employees of USL or their relatives or employees of USL's affiliates, group companies, and marketing and promotion agencies are not eligible to participate in this Contest.

  1. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. Each Participant understands that he/she is providing his/her information to USL, the recipient(s) of information, and not to Facebook. All rights are reserved.

  1. USL hereby excludes and disclaims all liabilities, whether direct or indirect, that may arise due to or in connection with the Contest.

  1. 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. Failure by USL to enforce any of its right at any stage does not constitute a waiver of those rights.

  1. 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 Bengaluru shall have sole jurisdiction over any and all disputes arising out of or in connection with this Contest.