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Prize Promotion Terms

PRIZE PROMOTIONS - TERMS AND CONDITIONS

Background:

The terms and conditions set out below (the general terms) apply to all prize draws, competitions and other prize promotions (promotions) which we run. Each promotion will also have its own set of specific terms and conditions and these will be communicated to you as part of the promotion (either on-pack, online or by some other means) (the specific terms).

Together, the general terms and applicable specific terms comprise the promotion terms. By entering a promotion, you agree to be bound by the promotion terms. This means you should read and treat the general terms and applicable specific terms as one set of terms. However, if there is any contradiction or inconsistency between the two, the specific terms will take priority over the general terms.

The general terms:

  1. Entry is open to all legal residents of the UK, Channel Islands and Isle of Man aged 16 or over, except: (i) our employees; (ii) the employees of any third party helping us with the promotion (e.g. our marketing agency); and (iii) the immediate family members of (i) and (ii).   
  2. We may carry out verification checks to confirm your eligibility to enter (including requesting proof of ID (e.g. a current passport or driver’s licence) or proof of address (e.g. a recent utility bill)). If you need to purchase one of our products to enter, you must retain your receipt and winning product for verification.
  3. Please see specific terms for opening date, closing date and entry instructions.
  4. You must submit your own entry. Bulk, group or third party entries will not be accepted. Entries submitted using automated entry software or any other mechanical or electronic means that enable a person to enter repeatedly will not be accepted.
  5.  We will have no responsibility for, and will not accept, any entries that are lost, delayed, incomplete, illegible, damaged or corrupted (including as a result of postal delays, technical issues with your mobile, tablet, computer or connectivity, or technical issues with our website). Proof of sending does not constitute proof of receipt. 
  6. If the promotion involves the submission of audio, video, text, images or other content, you must ensure your submission: (i) is not copied from a third party; (ii) does not otherwise infringe a third party’s intellectual property rights; (iii) does not feature any person (living or dead) without their permission; and (iv) does not contain any defamatory, obscene, offensive, hateful, illegal or otherwise unsuitable materials. You will retain any copyright which exists in your submission but, by entering, you grant us a non-exclusive, worldwide, perpetual licence to use your content in any media for our promotional purposes.  
  7.  Please see specific terms for details of: (i) how we will select and notify winners; (ii) how winners will receive, or can claim, their prize; and (iii) any delivery timescales. Prizes will only be delivered within the UK, Channel Islands or Isle of Man. The odds of winning will depend on the number of eligible entries received.
  8. Please see specific terms for prize details. We reserve the right to substitute any prize (or an individual aspect of a prize) for an alternative of equal or greater value where we deem it strictly necessary due to events outside our reasonable control. Winners may not transfer the right to accept their prize to another person without our consent. We will not offer cash alternatives to any prizes. Prizes are not negotiable.
  9. Winners are responsible for any tax liability they incur as a result of accepting a prize. Winners are encouraged to seek independent financial advice before accepting a prize if the tax implications concern them.
  10. Winners are responsible for all incidental costs incurred in enjoying their prize (unless those costs are expressly included as part of the prize). Winners are responsible for obtaining, both for themselves and any guests, any insurance cover which is required or advisable in order to enjoy their prize. Where a prize involves overseas travel, in addition to obtaining travel insurance, winners are responsible for obtaining, both for themselves and any guests, any necessary visas or clearances, and for obtaining health advice in relation to the travel destination.  
  11. We may, at our sole discretion, arrange for an alternative winner to be selected on the same basis as the original winner if: (i) the original winner fails to take any of the steps necessary to claim their prize as set out in the specific terms; (ii) we are unable to contact the original winner having made reasonable efforts to do so; (ii) the original winner fails any verification or eligibility checks; (iii) the original winner is disqualified in accordance with the promotion terms; or (iv) the original winner is unable to accept their prize for any reason.
  12. We reserve the right to disqualify you if you fail our verification checks or we reasonably believe that you have: (i) breached any of the promotion terms; or (ii) otherwise cheated or jeopardised the integrity of the promotion.
  13. We reserve the right to suspend, vary or cancel a promotion where we deem it strictly necessary due to events outside our reasonable control (including where technical issues are affecting the proper running of the promotion or where we suspect fraud). In these circumstances, we will do all we can to minimise any disappointment caused.
  14. To the fullest extent permitted by law, we will not be liable to you for any loss, injury or damage which: (i) you suffer by entering a promotion; or (ii) you or your guest(s) suffer in the enjoyment of any prize. However, nothing will exclude or limit our liability in respect of personal injury or death caused by our negligence or for any fraud or fraudulent misrepresentation committed by us.
  15. We may run a promotion via Facebook, Twitter, Instagram or another social media channel. If we do, you will need an account with that social media channel in order to enter. You acknowledge that any promotion run via a social media channel is in no way sponsored, endorsed or administered by, or associated with, that social media channel. By entering, you agree to release that social media channel from any and all liability in connection with the promotion. You also understand that any personal details you submit to enter a promotion or claim a prize (see condition 16 for more details) are provided to us and not to that social media channel.
  16. We may ask you to supply personal details to enter a promotion or claim a prize (e.g. name, postal address, email address, date of birth etc). The details you submit must be true and up-to-date. By entering, you consent to us using your details in order to run the promotion (including sharing your details with any third party helping us with the promotion (e.g. our marketing agency)). Please see specific terms for information about how else we may use your details. Winners also specifically consent to: (i) us disclosing their name and county as per condition 17; and (ii) taking part in unpaid publicity (e.g. being filmed or taking part in an interview and/or a photo-shoot) which we may use in any media for our promotional purposes. If you do not consent to any of this, please do not enter our promotion. If your details change during a promotion, it is your responsibility to notify us otherwise you may miss out on a prize. 
  17. Please write to “FAO: Funkin Marketing Team - [Insert Promotion Name]” at the address below within 3 months of the applicable closing date for the names and counties of major prize winners. 
  18. Our decision in relation to all matters relating to our promotions will be final.
  19. The promotion terms will be interpreted and applied in accordance with Scottish law. The Scottish courts will have the exclusive right to settle any disputes related to our promotions.
  20. Promoter: Funkin Limited, 122 Arlington Road, Camden, London, NW1 7HP.

Note: We may update the general terms from time to time. You should check this page regularly to ensure you are up-to-date because any changes will apply from the date they are made.

Last Update: November 2016

FUNKIN MAKE IT SHAKE #SHAKERFACECOMPETITION  – SPECIFIC TERMS

1. Opens: 09:00 on 15 May 2017. Closes: 23:59 on 31 December 2017. Note: each monthly promotion closes at 23:59 on the last day of the month (see condition 6).

2. Age requirement: Entrants must be aged 18+.

3. How to Enter:

a. Pick up a cocktail shaker (see condition 4) and shake it like crazy;
b. Take a photo or make a video showing off your best #SHAKERFACE; and
c. Post it to Facebook, Instagram or Twitter with the tag @funkincocktails and the # #SHAKERFACE.

We need to be able to see your face and your cocktail shaker (see condition 4) in your submission or it won’t be counted.

4. Cocktail Shaker: You don’t have to use 1 of our new Funkin Cocktail Mixer Shakers in your submission but you’ll receive 2 entries per submission if you do. If you use a different type of cocktail shaker in your submission, you’ll receive 1 entry per submission.

5. Multiple entries: There is a limit of up to 5 submissions per person per monthly promotion (see condition 6) across the entry platforms (e.g. 2 via Facebook, 1 via Instagram and 2 via Twitter counts as 5 submissions). Each submission must be different to be counted as a separate entry (e.g. if you submit 2 different videos to the same monthly promotion then both will be counted but if you submit the same video twice for the same monthly promotion then only the first will be counted). You may also make the same submission to multiple monthly promotions up to the limit of 5 submissions per monthly promotion (e.g. you may submit the same video once to each of the May and June monthly promotions). There is a limit of 1 prize per person for each monthly promotion (i.e. the same person cannot win both a main prize and runners-up prize in the same monthly promotion but could win prizes in different monthly promotions).

6. Promotion details: This promotion is comprised of 2 parts:

a. The monthly promotion:

Details:
We’ll hold 8 monthly promotions - 1 for each of May, June, July, August, September, October, November and December in 2017. With the exception of the May monthly promotion which will be for entries received between 09:00 on 15 May 2017 and 23:59 on 31 May 2017, each monthly promotion will be for entries received between 00:00 on the first day of the month and 23:59 on the last day of the month (e.g. the June monthly promotion will be for entries received between 00:00 on 1 June 2017 and 23:59 on 30 June 2017).

Winners:
There will be eleven winners of each monthly promotion:

1 x main winner
10 x runners-up

Winner selection:
Our 1 x main winner will be selected by our panel (see condition 8)
Our 10 x runners-up will be selected at random by prize draw
All winners will be selected on the first Tuesday of the following month (i.e. the winners of the May monthly promotion will be selected on Tuesday 6 June 2017).

Prizes:
Our 1 x main winner will win:

● Our new Funkin Cocktail Mixer Shaker Trio (3 x 400ml Funkin branded cocktail shakers in the following flavours: Passionfruit Martini, Strawberry Daiquiri and Skinny Mojito); and
● A 700ml bottle of Captain Morgan White Rum or ABSOLUT Vodka (winners choice).

Our 10 x runners-up will each win 1 of our new Funkin Cocktail Mixer Shakers in the flavour of their choice (1 x 400ml Funkin branded cocktail shaker in 1 of the following flavours: Passionfruit Martini, Strawberry Daiquiri or Skinny Mojito).

b. The grand prize promotion:

Details:
The 8 x main winners of the monthly promotion will be automatically entered into the grand prize promotion to be held on 15 January 2018.

Winner:
There will be 1 x grand prize winner.

Winner selection:
Our 1 x grand prize winner will be selected by our panel (see condition 8).

Prize:
Our 1 x grand prize winner will receive:

● A GoPro Session Hero5;
● A GoPro Accessories Kit; and
● A gift hamper containing our new Funkin Cocktail Mixer Shaker Trio (3 x 400ml Funkin branded cocktail shakers in the following flavours: Passionfruit Martini, Strawberry Daiquiri and Skinny Mojito) plus glassware and spirits supplied by Captain Morgan Rum and ABSOLUT Vodka.

7. Winner notification: We’ll publicise our winners on funkincocktails.co.uk and our Funkin Facebook and Instagram pages. The monthly promotion winners and runners-up will be publicised on the first Tuesday of the following month (i.e. the May monthly promotion winners and runners-up will be publicised on Tuesday 6 June 2017). The grand prize promotion winner will be publicised on 15 January 2018. Each winner must contact us via Facebook or Instagram within 15 working days (i.e. the May monthly promotion winners and runners-up must contact us by 27 June 2017) to confirm their contact details otherwise they may forfeit their prize.

8. Panel: Our panel of judges will be comprised of Funkin brand ambassadors and 1 independent member. See here for details: https://www.funkincocktails.co.uk/make-it-shake-competition. Our panel will select the monthly promotion main winners and the grand prize promotion winner on the basis of the following criteria:

● Originality
● Entertainment Factor
● Enthusiasm

9. Use of submission: As per the general terms, we may use your submission for our promotional purposes. This may include us using your submission to promote this Make it Shake promotion and as part of a digital ‘wall’ of submissions at London Cocktail Week.

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