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Jose Cuervo Bike Competition: Terms and Conditions

1. The Competition.
1.1. The competition is being organised by Proximo Spirts UK Ltd (the Organiser) and run by
Cow, 29 - 31 Cowper Street, London, EC2A 4AT (the Agency).
1.2. The competition will take place between March 5th 2020 and March 13th 2020. The close
of the competition is at 11.59 p.m. (GMT +1) on March 13 th 2020.
1.3. By entering the competition, the participant expressly accepts these terms and
conditions.
1.4. The available prize for the qualified winner is listed in Paragraph 4.1.
1.5. The Organiser and the Agency are making the competition available on Jose Cuervo®’s
United Kingdom (the UK) Instagram channel and solely within the UK. Internet access is
required to participate.
1.6. Participation is free of charge and independent of the purchase of goods or services.
The judges’ decision is final.

2. Who can enter?


2.1. Any person who is over the age of 18, is able to supply valid proof of age and is a UK
resident is eligible to enter.
2.2. Employees of the Organiser and affiliated companies, employees of the Agency,
freelance contractors and agents of same, and each of their respective family members and
other persons who are professionally connected with this competition, are not eligible to
enter.

3. How can I enter?


3.1. To enter, participants must comment who they would deliver a margarita to on the Jose
Cuervo®’s United Kingdom (the UK) Instagram channel during the competition. Entry is
completed when the participant has commented on the post with the required information.
3.2. The Organiser and the Agency reserve the right to exclude submissions from the
competition and to delete them if they do not fulfil the task or if they contain insults,
inaccuracies, discrimination, infringements of competition, trademark or copyright law,
violence, threats, self-harm, bullying, harassment, hate speech, explicit content, nudity, the
intellectual property of third parties, content that poses a risk to safety or any such other
content that Organiser and the Agency deems, in their sole and absolute discretion, is
objectionable. In such cases, prizes may be disallowed in retrospect and the submitting
participant shall be barred from any further participation in this competition.
3.3. Each participant affirms that they are the sole creator of the text and/or image
submitted or holds all the necessary usage rights for the purposes of the competition. If the
text and/or image depicts other persons or property in addition to the participant in
recognisable form, the participant affirms that he/she has the consent of such persons to
freely dispose of the text and/or image for the purposes of the competition and in particular
to disseminate it to third parties and publish it on the Internet. In general, the participant
affirms that he/she has respected all relevant usage rights, ancillary copyrights and other
rights relating to the text and/or image and that the text and/or image is free of third-party
rights.
3.4. By entering this competition, participants transfer all transferable usage rights to the
text and/or image submitted, unlimited in time and without geographic or content-related
restrictions, to the Organiser, particularly the right to publish the text on the Jose Cuervo UK
social media accounts, or make it otherwise publicly available, the right of duplication and
the right to give third parties usage rights for the photo produced. No payment shall be due.
Participants will take all necessary steps and obtain all necessary documents to assert the
rights promised here to the Organiser. In particular, the participant may be required to
personally assert the rights of the Organiser. Each participant indemnifies the Organiser and
the Agency from all claims arising against the Organiser or the Agency in connection with
their respective uploaded image and/or accompanying text.
3.5. Participation via competition services and automated competition procedures (or
similar) is not permitted. The Organiser and the Agency reserve the right to remove or
exclude participants from the competition without stating reasons. Participants who try to
disrupt the competition or give themselves an unfair advantage by using prohibited tools
shall also be expelled and excluded from taking further part.
3.6. The Organiser cannot be held accountable for entries submitted via social media
platforms which are not visible or searchable due to user’s social media privacy settings.

4. What is the prize?


4.1. A bespoke Jose Cuervo bicycle is the prize.
4.2. If the prize (or part of the prize if applicable) is no longer available for any reason, the
Organiser reserves the right to offer an alternative prize of the same value at its own
discretion.

5. How will the winner be selected and notified?


5.1. The winner will be randomly selected.
5.2. The winner will be notified on March 11th 2020. If the winner cannot be contacted using
the social media handle provided, or if he/she fails to confirm his/her address details within
two (2) days of contact, the prize will be forfeited, and an alternate winner may be chosen,
if time permits.
5.3. The winner will be announced on the Jose Cuervo® UK Facebook, Twitter and Instagram
channel.
5.4. The Organiser and the Agency accept no liability if the winner’s notification is lost when
electronically sent and/or does not reach the winner for reasons beyond their control.

6. How will I receive my prize?


Delivery of the prize will be arranged by a member of the team and the winner will be
contacted with details. The notified winner will be responsible for providing the correct
name and address. The Organiser and the Agency accept no responsibility if the prize cannot
be delivered for any reason or is lost.

7. Miscellaneous.
7.1. The Organiser hereby makes it known that the availability and functioning of the
competition cannot be guaranteed.
7.2. This competition and these terms and conditions are governed by English law and
subject to exclusive jurisdiction of the English courts.
7.3. By entering, each participant agrees to: (a) comply with and be bound by these terms
and conditions and the decisions of the Organiser and Agency, which are binding and final in
all matters relating to this competition; (b) release and hold harmless the Organiser, Agency,
the prize suppliers and any other organisations responsible for sponsoring, fulfilling,
administering, advertising or promoting this competition, and all of their respective affiliates
and related entities and each of their respective officers, directors, agents, vendors,
employees and other representatives (Released Parties) from and against any and all claims,
expenses, and liability, including, but not limited to, negligence and damages of any kind to
persons and property, including, but not limited to, invasion of privacy (under appropriation,
intrusion, public disclosure of private facts, false light in the public eye or other legal
theory), defamation, slander, libel, violation of right of publicity, infringement of trademark,
copyright or other intellectual property rights, property damage or death or personal injury
arising out of or relating to a participant’s entry, creation of an entry or submission of an
entry, participation in this competition, acceptance or use or misuse of prize (including any
travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c)
indemnify, defend and hold harmless the Released Parties from and against any and all
claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or
relating to an entrant’s participation in this competition and/or entrant’s acceptance, use or
misuse of prize.

Any personally identifiable information collected during an entrant's participation in this


competition will be collected by the Organiser, Agency or other Organiser designee and
used by the Organiser, its affiliates, designees, agents and marketers for purposes of the
administration and fulfilment of this competition as described in these terms and
conditions.

8. Changes to the terms and conditions.


The Organiser reserves the right to change the terms and conditions at any time for any
reason. The Organiser will make every effort to ensure that any changes do not affect
participation in the competition. If any provision of these terms and conditions should be or
does become invalid, the validity of the remaining provisions herein shall not be affected.

9. Contacting the Agency.


If participants have any questions, comments or complaints about this competition, they
can contact the Agency at josecuervo@cowpr.com.

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