The organizer is the company Pernod Ricard a duly registered company with its registered office at 12 place des Etats-Unis, 75016 Paris (“PR”).
Pernod Ricard SA present and future affiliates and subsidiaries form the Pernod Ricard group of companies (“PR Group”)
PR has organized a contest called promoted through advertising on the Global Havana Club Professional Instagram account (https://www.instagram.com/havanaclub_pro/) (the “Account”) under the name “Havana Club Fournisseur Officiel”. This contest is hereinafter referred to as the “Contest”.
The Contest does not involve any obligation to purchase and is subject to the terms and conditions set out below (the “Official Rules”).
The Contest is not sponsored, backed or administrated by Instagram and there is no connection whatsoever between the Contest and Instagram.
The information submitted by participants to the Contest (the “Participants”) in connection with the Contest is submitted to PR and not Instagram.
The information will be used strictly for the purposes of the Contest and for any communication relating to the Contest. In particular, PR may contact the Participants by e-mail in connection with the Contest.
The Contest offers Participants the opportunity to play as described in clause 5 in order to try to win the prizes defined in clause 8.
The Contest will open as of 4:00 p.m. (ECT – European Central Time) on February 26, 2020 and will close as of 8:00 p.m. (ECT – European Central Time) on March 8, 2020 (the “Term of the Contest”). The official device for calculating the time for the Contest is the time as shown at:
The Contest is open to residents of the following countries, if permitted by local law, who have 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 :
Residents and citizens of the United States of America cannot participate in the Contest.
Anyone who has been hired or who has supplied services to PR or its parent company, subsidiaries or other PR Group companies and any other individual or entity involved in the organization of the Contest likewise cannot participate in the Contest, including, particularly:
• any employees, contractors, directors, executives and interns;
• anyone who has taken part in the preparation, administration, development, management or implementation of the Account (including, among others, web designers and employees and interns of advertising or promotion agencies);
• anyone who has taken part in the administration, development or implementation of the Contest (including, among others, web designers and employees and interns of advertising or promotion agencies);
• any relatives up to the second degree of kinship or relation of the aforementioned individuals, including, inter alia, spouses, parents, children, siblings and grandparents, as well as step-parents, step-children, step-siblings and step-grandparents and anyone who resides in the same home as any of the aforementioned individuals.
The Participants 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.
The Participants authorize PR to accomplish any necessary verification of the Participant’s identity.
PR reserves the right to disregard any entry accompanied by an incorrect address or any illegible, incomplete or incorrect entry or information.
- 1.1. To enter the Contest:
(i) The Participant shall be connected to Instagram under his/her personal account;
(ii) The Participant shall follow the procedure described below:
- a) access the Havana Club Professional Instagram account
- b) check out the Official Rules of the contest;
- c) comment on the post corresponding to the contest by tagging one friend, who has reached the legally prescribed age for acquisition and consumption of alcoholic beverages;
- d) follow the @havanaclub_pro account
- e) Havana Club digital team will pick randomly five (5) winners from all participants.
(iv) By submitting his/her participation to the Contest, the Participant gives his/her agreement to the Official Rules, accessible on the Account.
(vi) Havana-Club will announce the winner by Instagram Comment. “Well done to @[X]! You won a full set of Havana Club Professional Editions. Send us a Direct Message to claim your prize”
- 1.2. The five (5) Winners will win the prize defined in article 8 below (the “Winner”).
- 1.3 The Participants can comment only one time during the Contest Period.
- 1.4. The five (5) Winners will be notified by a comment on the post related to the Contest, at the end of the Term of the Contest.
- 1.5. At the end of the Contest Period, Havana Club team will display a message ensuring the contest is over and that winners will receive their prize directly by direct message on Instagram. This communication will be display on another Instagram Story.
By entering the Contest, Participants hereby warrants that his/her participation (notably shares and comments) complies with the Contest’s requirements set forth herein:
- participation shall not be in violation of any law;
- participation shall not contain material which is (or promoting activities which are) harmful, threatening, abusive, disparaging, harassing, vulgar, obscene, hateful, pornographic, or libelous or which includes other inappropriate content, especially related to non-responsible consumption of alcoholic beverages, or is otherwise objectionable as determined by PR in its sole discretion;
- participation shall not defame, misrepresent or contain disparaging remarks about any persons, products or companies as determined by PR in their sole discretion.
Failure to abide any of the Contest’s requirements here above mentioned shall result in immediate disqualification.
By entering the Contest, Participants agree and acknowledge that no compensation will be paid to them, for any reason whatsoever including, but not limited to, entering this Contest.
Participants acknowledge that Participants’ Data, may be posted notably on the Page, on PR’s discretion, in particular:
- PR reserves the right to, and may or may not, monitor/screen Participants’ Data prior and after having posted them notably to the Page;
- Participants acknowledge that PR has no obligation to use or post any Participants’ Data.
Participant authorizes PR to use his/her Participant’s Data worldwide and for one (1) year as from the beginning of the Term of the Contest, for the purpose of the management of the Contest, in any and all media, in connection with this Contest without any further notification or compensation to or of the Participants.
The five (5) Winners will be awarded a full set of Havana Club Professional Editions (recommended retail price: €135), which includes the following items:
-1 x 70cl bottle of Havana Club Professional Edition A (recommended retail price: €33.75);
-1 x 70cl bottle of Havana Club Professional Edition B (recommended retail price: €33.75);
-1 x 70cl bottle of Havana Club Professional Edition C (recommended retail price: €33.75);
-1 x 70cl bottle of Havana Club Professional Edition D (recommended retail price: €33.75).
PR reserves the right to replace the Prize, at its sole and entire discretion and without prior notice, with another prize of equivalent nature and value, whether in cash or otherwise, in the event that any element of the Prize is unavailable for any reason that PR cannot control.
The Prizes must be accepted as granted and it will not be transferable or convertible into cash, and it may not be sold, traded or assigned.
The Winners must take such measures as may be necessary to accept the Prize within one (1) day from the date when he/she is notified by e-mail. Otherwise, he/she will lose the Prize, which PR may then grant to another Participant randomly chosen.
The Participant’s Data that the Participants must provide are obligatory. If the Participants fail to do so, they may be excluded from the Contest. PR will use the Participant’s Data solely for the purposes of management of participation by the Participants in the Contest, management of the Winner, grant of the Prize, and in compliance with legal and statutory obligations and in compliance with these Official Rules. The Participants will be fully responsible for the veracity and accuracy of the information that they submit. Therefore, the legal basis of the processing consists of the execution of these Official Rules.
The Participants are entitled to (i) access to their Participant’s Data free of charge in the terms establishes by law, (ii) oppose the processing of their Participant’s Data, (iii) request that the processing of their Participant’s Data be limited, (iv) request PR to rectify or suppress their Participant’s Data, (v) as well as, request portability of their Participant’s Data. Moreover, any affected Participants will be entitled to file claims with the Spanish Data Protection Authority. In the event that any Participant requests the total or partial suppression of its Participant’s Data during the Term of the Contest, that Participant will be excluded from the Contest. Likewise, any request for total or partial suppression of Participant’s Data that may render compliance with these Official Rules by the Participant or PR impossible or materially difficult will likewise result in the exclusion of that Participant and/or loss of the Prize. Any request by Participants concerning their Participant’s Data must be submitted at HC_contact@havana-club.com.
In compliance with the provisions of the Regulation EU No. 2016/679 from the European Parliament and the Council, dated April 27 2016, related to the protection of individuals in respect of processing of personal data and the free flow of those data, PR undertakes to perform its obligation to keep the Participant’s Data secret and its duty to safeguard that Participant’s Data and it will take the necessary measures to prevent any alteration, loss or unauthorized processing of or access to that data, in keeping at all times with available technology.
The Participant’s Data will not be used for sending commercial information unless the Participants agree and consent to receive information concerning PR and PR Group and its products.
In order to organize the Content, PR will use Instagram and other providers of technical and computing services. Those companies will behave as data processors and, consequently, will have access to the Participant’s Data.
The Participant’s Data will be kept for one (1) year as from the beginning of the Term of the Contest. After that the Participant’s Data will be kept for the sole purpose of fulfilling the legal or contractual obligations that are enforceable.
By taking part in the Contest, the Participants fully and unconditionally accept these Official Rules and the decisions adopted by PR in accordance with the provisions of these Official Rules, which will be final and binding with regard to all matters relating to the Contest. Award of a Prize will be subject to compliance with all the requisites provided for in these Official Rules. The Official Rules will prevail in the event of any discrepancy with the promotional material of the Contest.
By accepting the Prize, the Winner agrees that PR and/or any PR Group entity and/or any PR Group distributor is not liable for any damages that may arise from his/her participation in the Contest, acceptance and use of the Prize, unless otherwise stated by mandatory applicable law.
PR reserves the right to cancel, modify, postpone, extend or shorten, at its sole discretion and with no indemnity obligation whatsoever, all or any part of the Contest if it fails to work as planned, among others, by reason of infection by computer viruses, programming errors, manipulation, unauthorized intervention, fraud, technical flaws or other reasons of a technical or different nature that may interfere with, impede or affect its administration, security, fairness, integrity or correct completion. Any modification of the Contest will be announced, in particular, on the Account.
PR will be entitled to modify the Official Rules set out in this document, in particular to comply with new laws and regulations of the countries where the Contest is held. Any such modifications will be included in the Official Rules.
In the event that a clause is declared void, that circumstance will not affect the validity of the rest of the Official Rules.
PR and/or any PR Group entity and/or any PR Group distributor will not be liable for the participation or attempted participation by Participants in the Contest nor for the downloading of information in connection with that participation.
PR and/or any PR Group entity and/or any PR Group distributor will not be liable for any problems or technical malfunctions that may affect the completion of the Contest, including, among others, the following: hardware or software errors, computer, telephone or cable, satellite, network, electronic, wireless or other Internet connection problems or other on-line communication problems, Internet service provider, hosting service or other provider errors or limitations, indecipherable, mixed or corrupted data transmissions, e-mail message reception or transmission failures, e-mail transmission loss, delay or interception, total or partial non-accessibility of the Account and/or the Application for any reason, excessive traffic on the Internet or the Account and/or the Application, unauthorized human or non-human intervention in the functioning of the Contest, including, among others, unauthorized manipulation, hacking, theft, virus, software errors or computer worms, or the loss, count error, addressing error, non-accessibility or unavailability of the accounts used in connection with the Contest.
The user will use all media other than the Account at his/her own risk. PR and/or any PR Group entity and/or any PR Group distributor will not be liable for any injury, property damage or damages of any kind that may be caused to the user’s computer or any other person’s computer through participation in the Contest unless otherwise stated by mandatory applicable law.
PR and/or any PR Group entity and/or any PR Group distributor will not be liable for any attempt by Participants or others to harm or deliberately obstruct the legitimate completion of the Contest, including, among others, any fraudulent statements that may constitute a civil and criminal offence. In the event of any such attempt, PR reserves the right to sue such individuals for reparations and indemnity for damages to the fullest extent of the law, including criminal prosecution. PR may at its sole discretion disqualify any individual performing such actions.
Any failure by PR to demand compliance with these Official Rules will not constitute a waiver of the provision in question.
By taking part in the Contest, the Participants accept that:
(a) the Official Rules and any dispute or claim that may arise in connection with the Official Rules or with their purpose or execution (including any dispute or claim of a non-contractual nature) will be governed by and interpreted in accordance with Spanish law;
(b) the Spanish courts of law will have exclusive jurisdiction to rule on any dispute or claim that may arise in connection with the Official Rules or with their purpose or execution (including any dispute or claim of a non-contractual nature).