Legal

Terms and Conditions

PERNOD RICARD SOUTH AFRICA (PTY) LTD.
JAMESON CONNECT GREEN TICKETS WINNERS
TERMS & CONDITIONS FOR EVENT TAKING PLACE ON 13TH APRIL 2024:

Definitions and Interpretation/Glossary of Terms

“Agreement” means these terms of usage, and includes any and all annexures, schedules and appendices to these terms of usage. For the sake of further clarity, it includes the Promotion Terms and Conditions.

“CPA” Consumer Protection Act, 2008 (as amended from time to time);

“Entrant” means any person, who is a Zambia citizen aged eighteen (18) or over who enters into or partakes in the Promotion.

“Participating Outlets” shall mean such sellers of the Qualifying Products and the outlets displaying such promotional advertising of the Jameson Connects Livingstone Experience, is a Participating Outlet.

“Participation” means the act of any Entrant who complies in full, with the eligibility criteria set out in this Agreement for participation in the Promotion.

“Pernod Ricard” Pernod Ricard South Africa Pty Ltd, registration number: 1994/004226/07, a limited liability company duly incorporated in terms of the Laws of the Republic of South Africa; and all registered entities within the Pernod Ricard Group.

“Pernod Ricard Group” means any and all holding companies and subsidiaries of Pernod Ricard and associated entities.

“Promotion” means the Jameson Connects Livingstone Experience conducted by Pernod Ricard as detailed in the Promotion Terms and Conditions.

“Promoter” referred to in the document as such and, the main companies associated with the Promotion, including Pernod Ricard.

“Prize” means the prize awarded to the Winners as set out and detailed in the Promotion Terms and Conditions.

“Qualifying Product(s)” means the Entrant purchasing any Bottle of Jameson at a Participating Outlet.

“Territory” shall mean the Republic of Zambia.

“Winner” shall mean a qualified entrant who has successfully been awarded the Prize in terms of the Promotion by the duly authorized party on the date of announcement, unless provided otherwise for, by the relevant party authorized to issue such prize.

Terms and Conditions

Section 1
General Terms and Conditions

1. This Promotion is operated by the Promoter.

2. The Promoter reserves the right, in its sole discretion and to the extent permitted by law, to amend the Promotion Terms and Conditions at any time and publish same on its social media platforms. The Promoter may opt to notify the Entrant of any changes, however there is no obligation on the Promoter to do so and it remains the Entrant’s responsibility to check these Promotion Terms and Conditions regularly.

3. The Promoter shall reserve the right to terminate the Promotion at a time of its choosing and, without notice for any reason beyond its control that is not caused by the fault of the Promoter and could not have been reasonably foreseen by the Promoter, requiring that such termination, includes but is not limited to –
any act of God, civil disturbance, power failures or reduction of power supply, acts, orders or regulations of any governmental or regulatory authority, agency or department, compromise of the Promotion or the Website and such similar acts beyond the control of the Promoter.

In the event of such termination, we do hereby record that any accrued right that has become vested in the Entrant shall continue to remain vested, however and in the event that no right or entitlement has become vested, the Entrant agrees to the waiver of such right or entitlement and acknowledges that the Entrant will have no right of recourse against the Promoter, its agents and/or staff.

4. Participation in the Promotion constitutes acceptance of the Promotion Terms and Conditions, and Entrants agree to abide by the Promotion Terms and Conditions, in whole, and any other requirements that the Promoter may request.

5. These Promotion Terms and Conditions constitute a bona fide binding agreement between the Promoter and the Entrant.

6. These Promotion Terms and Conditions as well as the terms of use governing Prize will apply to the Entrant’s Participation in the Promotion.

7. By entering the Promotion, the Entrant confirms that he has read, understood and agrees to be bound by these Promotion Terms and Conditions, as they may be amended from time to time.

8. Directors, members, partners, employees, agents or consultants of or any other person who directly or indirectly controls or is controlled by the Promoter or marketing service providers in respect of the promotional competition, or the spouses, life partners, business partners or immediate family members cannot enter the Promotion. Juristic persons, or any entity other than a natural person, shall not be eligible for entry into the Promotion.

9. This Promotion is open from 01 March 2024 commencing at 5pm until two weeks before the event is held on the 13th April 2024. Any entries received before the start date and after the date on which the Promotion terminates shall not be valid and will not be considered by the Promoter.

10. By entering the Promotion, the Entrant agrees to receive communications from the Promoter before, during and/or after the Promotion and their affiliates and shall be afforded the opportunity of unsubscribing from receiving such communications from the Promoter or its affiliates.

11. To the extent allowed by law, these Promotion Terms and Conditions and the Agreement set out the whole understanding and agreement between the Entrant and the Promoter in regard to the subject matter hereof and there are no other agreements, guarantees or representations, either verbal or in writing, unless stipulated otherwise by the Promoter, in regard thereto upon which the Entrant shall rely on in concluding this Agreement and the Promoter shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. This clause constitutes an acknowledgment of fact by the Entrant. The Entrant warrants that he has read the above clause carefully and ensures that this statement is true and correct as this will limit the Entrant’s rights to claim that these statements are not true and correct.

12. To the extent allowed by law, no extension of time or indulgence which the Promoter may grant the Entrant shall constitute a waiver of any of the Promoter’s rights, who shall not thereby be precluded from exercising any rights against the Entrant which may have arisen in the past or which might arise in the future. This clause limits and excludes obligations, liabilities and legal responsibilities which the Promoter will have towards the Entrant and also limits and excludes the Entrant’s rights and remedies and places various risks, liabilities, obligations and legal responsibilities on the Entrant.

Section 2
Warranties and Liabilities

1. To the extent allowed by law, the Entrant agrees that the Promoter shall not be liable to him or any other person or entity whatsoever in respect of any loss or damage:

1.1. caused by or arising from any fact or circumstance beyond the reasonable control of the Promoter;

1.2. which is consequential or incidental loss or damage;

1.3. of whatever nature and howsoever arising from or in connection with the Entrant’s Participation and/or acceptance of the Prize;

1.4. of whatever nature and howsoever rising out of the enjoyment of the Prize by the Entrant and/or any third party in relation;

1.5. arising from any disclosure or use of any information, or lack thereof, the Entrant provides to the Promoter, whether such disclosure is in accordance with the provisions of these Promotion Terms and Conditions or otherwise; and/or

1.6. arising from a breach of any security system which may be implemented by the Promoter and/or any service provider to the Promoter.

1.7. In the event of any dispute arising from this agreement, the dispute must be referred to the Promoter and the Promoters decision is final and binding.

1.8. The Promoter does not make any representation or give any warranties, whether expressly or implicitly, with regards to any Prize and, in particular, without limitation, makes no representations and gives no warranty that any Prize or any aspect of it, will –

1.8.1. meet the Participant’s requirements, preferences, standards, or expectations; or

1.8.2. be satisfactory and readily available for collection.

Section 3
Indemnity

1. To the extent allowed by law, the Entrant hereby indemnifies and holds the Promoter free from liability for loss or damage of whatever nature and howsoever arising from the Entrant’s Participation and/or the Entrant’s failure to comply with any provision and/or obligation under these Promotion Terms and Conditions. This clause constitutes an assumption of risk and/or liability by the Entrant under which the Entrant indemnifies the Promoter against certain liabilities and that of which, may result in the Entrant being liable for additional costs and liabilities.

Section 4
Privacy

1. Entrants will be required to provide certain personal information (where applicable), including (but not limited to), their name, surname, identity number, physical address, postal address, email address and cell phone number.

2. This clause applies to all personal information collected or submitted to the Promoter as set out above as well as any other personal information provided by the Entrant to the Promoter at any time.

3. Subject to Section 4 hereunder, the Promoter will use the Entrant’s personal information for all purposes relating to these Promotion Terms and Conditions and/or in order for the Promoter to provide the Prize including, but not limited to, the arranging and booking of the Prize and for purposes generally relating to participation and the Prize.

4. Subject to the provisions of this Section 4, the Promoter will not share any of the Entrant’s personal information with any third party except where such disclosure is necessary to enable the Promoter to provide, deliver or in any other way give effect to these Promotion Terms and Conditions and/or the Prize, where such disclosure is required by law or where the Entrant consents to the Promoter sharing his personal information.

5. The Entrant hereby agrees to the Promoter disclosing and sharing the Entrant’s personal information with entities within the Pernod Ricard Group, including their affiliates.

6. To the extent that the Promoter shares the Entrant’s personal information with third parties in accordance with this Agreement, the Promoter will require, to the extent possible, that such parties conform to the Promoter’s privacy standards ( https://www.pernod-ricard.com/en/privacy-policy )

7. Subject to the above, the Entrant hereby expressly agrees that the Promoter may:

7.1. collect, receive, record, organize, collate, store, update, modify, retrieve, alter, consult, use, disseminate or obtain any of the personal information set out above;

7.2. use the Entrant’s personal information for the purposes set out above;

7.3. transfer the Entrant’s personal information to third parties in a foreign country where this is required for the facilitation of any transfers of information or where this is required in order to give effect to the Prize.

7.4. By participating in the Promotional Competition, the Winner hereby accepts that the Winner will be asked to take part in further publicity relating to the Promotional Competition, the Promoter may incorporate the Winner in publicity campaigns or allow their names and likenesses to be used for promotional purposes aligned with the Promoter’s business, including but not limited to posting photos to the Promoter’s website, Twitter, Instagram, Meta and other digital media pages; and they will not be entitled to any remuneration for such participation and all materials arising from such participation will be the sole property of the Promoter

8. The Entrant may request that the Promoter correct his personal information, should it come to the Entrant’s attention that the Promoter’s records are incorrect. Should the Entrant wish to access his personal information or rectify it, the Entrant is to contact the Promoter and assistance shall be provided to this effect.

9. The Promoter shall protect the Entrant’s personal information as required by law. However, to the extent allowed by law, the Promoter shall not be liable to the Entrant or any other person or entity whatsoever, in respect of the unauthorized disclosure of the Entrant’s personal information.

Section 5
CPA

1. The Promotion Terms and Conditions and/or any goods and/or services provided under these Promotion Terms and Conditions are regulated by the CPA, it is not intended that any provision of these Promotion Terms and Conditions contravenes any provision of the CPA and therefore all provisions of these Promotion Terms and Conditions must be treated as being qualified, if necessary, to ensure that the provisions of the CPA are complied with.

Section 6
Promotion Entry at on trade outlets:

1. To enter into the Promotion and to stand a chance of winning the prizes, Entrants must:

a. Purchase any bottle of Jameson from a participating outlet:
b. Enter your info via the promotional team to get your standard tickets for the event.
c. For every unique purchase and validated entry, you earn an entry into the draw, to stand a chance to win the Prize.
d. You may enter the promotion as many times as you like, but you will need to make a new purchase of any Bottle of Jameson, at a participating outlet, providing a new unique code for validation, for every entry submitted.
e. The winner will need to present following the draw. They will be given 5 minutes to ‘claim’ their prize. If the winner does not choose to come forward or has left the outlet, or chooses to decline the prize, then their prize will be forfeited and another winner

2. The Prize cannot be used in conjunction with any other promotional offers offered by the Promoter or any other third party’s promotion.

3. If required, the Promoter reserves the right to substitute the Prize with another prize of the same or similar value.

4. The images of the Prizes made available on any and all promotional platforms are solely for marketing purposes and are not to be relied on in any manner as a representation of the actual Prizes.

5. The Prize package includes entry for a winner plus one guest to Cargo 88 Hotel in Lusaka for the period of two days and one night, and an entry to Jameson Connects, which will be held at Zuli @ The Area.

6. Transport from Cargo 88 to Zuli @ The Area will be provided, and will depart promptly at 3pm on 13th April 2024.

7. Return back to Cargo 88 will depart from Zuli @ The Area promptly at 1:30am on 13th April

8. Guests are welcome to make their own way to and from the event, should they not wish to use the transport provided. This will be at Each room prize includes breakfast on the morning of 14th April 2024, for both guests.

9. Each room prize includes breakfast on the morning of 14th April 2024, for both guests.

10. The ‘Green Ticket’ prize includes transport from a central location in the following departure cities: Kitwe, Livingstone and Ndola.

11. Departure times will vary, but estimation of time looks towards a 7am departure time on the morning of the 13th April 2024.

12. The return journey will commence from Cargo 88, at app. 10am on the morning of the 14th April 2024.

13. The winner/s are not obliged to make use of the transport mention in point number 7 above, it is at their discretion entirely.

14. The transport on offer will not be a private transport, it will be shared/communal; and be in the form of a premium bus.

15. All other costs incurred at Cargo 88 will be on the winners account, such as food, drinks and consumables.

16. The Promoter will be responsible only for those costs which these terms and conditions expressly state that the Promoter will pay.

17. The same process will be followed for any stand-by winners who are drawn.

18. The Winner/s may be required to sign a waiver of liability and indemnity before claiming their prizes.

19. Winner and friend might be required to provide their names, ID numbers and contact details and to sign an acknowledgement of receipt of the Prize.

20. Winner and friend must be over the age of eighteen (18).

21. Prizes may not be transferred or exchanged for cash.

22. A unique user may win just one prize.

Section 7
Weather:

In the event of inclement weather conditions rendering the execution of the outdoor event unfeasible or hazardous, Pernod Ricard reserves the right to postpone said event. Such adverse weather conditions may include, but are not limited to, severe storms, heavy rainfall, strong winds, or any other meteorological circumstances that pose a threat to the safety and welfare of attendees, staff, or property.

Pernod Ricard shall endeavor to promptly notify all relevant parties of any postponement and shall make reasonable efforts to reschedule the event at a mutually agreeable time and date. This provision shall serve as a safeguard to ensure the integrity and viability of the event, prioritizing the well-being and security of all involved stakeholders.

Section 8
Jurisdiction
 
The parties (including, but not limited to the Entrants, Participating outlets, Promoter and Winner) hereby consent to the jurisdiction of the Zambian, legal system in respect of any proceedings arising from this Agreement and/or the Promotion.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.