Welcome to the website of Benromach Whisky.
We will update the contents of this website from time to time so we suggest you check these terms and conditions regularly.
As our site is about malt whisky, an alcoholic drink, there are some restrictions on who can use this site as follows:-
1. to access the site you must be old enough to buy alcohol in the country in which you are resident or from which you access this site; and
2. you must be legally entitled to use this site in the country in which you are resident or are accessing this site. The laws of some countries prohibit their residents from using sites like ours so please check if you are unsure whether this applies to you before proceeding.
Though it goes against our natural Scottish hospitality, we are afraid that if you fall within either of these restricted groups, we have to ask you to please leave our site now.
By entering this site and accepting these terms and conditions, you agree to indemnify us against any loss, injury, fines, costs and expenses incurred by us as a result of your viewing or use of this site.
Who we are and where you can find us
Benromach Distillery Company Ltd is owned by Gordon & MacPhail, a trading name of Speymalt Whisky Distributors Limited. Our head office is at: George House, Boroughbriggs Road, Elgin, Moray, Scotland, IV30 1JY.
Our UK telephone number is: +44 1309 675 968
Our VAT number is: GB266070562
Speymalt Whisky Distributors Limited is a limited company registered in Scotland with company number SC37522. Our registered office is the Elgin office noted above.
We are happy to hear from you in person if you happen to be in our neighbourhood, or if you prefer more modern methods of getting in touch, please address your e-mails to: firstname.lastname@example.org
We own, or have permission to use, everything on this site, including the pictures, photographs, all the text, and the underlying software code. Though we are happy for you to visit this site as often as you like, you will not obtain any rights in any of the materials you find on it, and you may not copy or use these materials except as expressly provided for in these terms and conditions of use.
If you wish to use any of the images or text contained on this site, please contact us at email@example.com
We hope you will enjoy learning about the wonders of whisky, as well as about our own history and plans, through using this site. We are happy for you to print hard copies of any pages you would like to keep, provided it is for your personal, non-commercial use. All other copying is prohibited and all other rights are reserved.
The name "Benromach Whisky" is a registered trademark owned exclusively by Speymalt Whisky Distributors Limited meaning any reproduction or use of it is prohibited. This prohibition also applies to all other trade marks, names, logos and images you will see on the site and on our products irrespective of whether these trade marks, names, logos and images are owned by us or by a third party.
Linking to this site
You may create a link to the home page of this site with our prior express consent. We welcome hearing from you if you wish to create such a link. Please contact us at firstname.lastname@example.org
If you do create a link to a page of this site you do so at your own risk and the exclusions and limitations set out in these terms and conditions of use will apply to your use of this site by linking to it. We reserve the right to withdraw any permission granted to link to this site.
If you choose or are provided with a user name, password or any other piece of information as part of our site security procedures, you must treat that information as confidential and not disclose it to any third party. We reserve the right to disable any user name or password if you fail to comply with these terms and conditions.
Contributing material to our site
Whenever you make use of a feature that allows you to contribute material to our site, or make contact with other users of our site, you must not transmit any material:
• that is threatening, defamatory, obscene, indecent, fraudulent, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, inconvenience or needless anxiety; or
• for which you have not obtained all necessary licences and/or approvals; or
• which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
• which is technically harmful or causes our site to be technically interrupted or rendered less efficient or such that the effectiveness or functionality of our site is in any way impaired.
We have the right to remove fom our site any material contributed by you. We have the right to disclose your identity to any third party who claims that any material transmitted to our site by you amounts to a violation of their intellectual proeprty rights or rights to privacy.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but, by accepting these terms, you agree to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
Any information or materials uploaded to our site by other users of the site has not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Use of our copyrighted materials
1. Definitions and interpretation
1.1 In these Conditions:-
- “Benromach Whisky” means Speymalt Whisky Distributors Limited, a Scottish company with company number SC37522 and having its registered office at George House, Boroughbriggs Road, Elgin IV30 1JY, trading as Benromach Whisky;
- “Licence” means a revocable non-exclusive non-transferrable licence (without any right to sub-licence) granted to Licensee on the Relevant Date to use the Materials in the Territory for the Purpose during the Licence Period;
- “Licensee” means the person, firm, company, association, club or other organisation or entity who receives the Materials from Benromach Whisky for the Purpose;
- “Licence Period” means the period during which Licensee is permitted to use the Materials, as specified in writing by Benromach Whisky (or if not so specified, the period between the Relevant Date and the effective date of termination of the Licence);
- “Materials” means the images and any other materials provided by Benromach Whisky to Licensee for the Purpose;
- “Purpose” means the advertisement by Licensee of goods sold by Benromach Whisky or its duly licensed distributors;
- “Relevant Date” means the date on which the Materials are received by Licensee;
- “Territory” means the geographical area in which Licensee is permitted to use the Materials, as specified in writing by Benromach Whisky (or, if not so specified, the United Kingdom); and
1.2 Unless the context otherwise requires:- (a) words importing the singular only shall include the plural and vice versa; (b) references to natural persons shall include legal persons; (c) words importing any gender shall include every gender; (d) reference to any statute or statutory provision shall include a reference to the statute or statutory provision as from time to time amended, extended or re-enacted, and any order or instrument made thereunder; and (e) headings are for convenience only and shall not affect the interpretation of this Licence.
2. The Licence
2.1. Benromach Whisky is the beneficial owner of copyright in the Materials and grants the Licence to Licensee subject strictly to these Conditions and to the exclusion of any other terms and conditions. Unless Licensee accepts these Conditions without amendment, Licensee may make no use of the Materials.
2.2. Licensee is deemed to have notice of and to accept these Conditions on acceptance of the Materials or (if earlier), upon Licensee putting into use any of the Materials.
2.3. Benromach Whisky may request, based on reasonable objections, the removal of, or editorial revisions to, any of the content of the Materials. Licensee agrees to take appropriate remedial action with respect to any such request within 72 hours of receipt of such request.
3. Restrictions on use of Materials
3.1. Licensee agrees to use the Materials exclusively for the Purpose, and for no other purpose whatsoever.
3.2. Without limitation to condition 1 above, Licensee shall not use the Materials (or permit the Materials to be used):- (a) for any purpose which is immoral, illegal, defamatory or which Benromach Whisky concludes may lead to Benromach Whisky (or any of its suppliers, employees or agents) being brought into disrepute; (b) in any way to damage, diminish or misappropriate the goodwill of Benromach Whisky; or (c) to criticise, lampoon or attack the reputation or activities of Benromach Whisky or any of its suppliers, employees or agents.
3.3. Whenever Licensee uses the Materials such use shall be accompanied the notice “© Speymalt Whisky Distributors Limited”, or such other copyright notice as may be specified by Benromach Whisky.
3.4. Licensee shall not use the Materials on or in relation to any website or on any social media platform or software application without the express prior written consent of Benromach Whisky, which consent may be granted subject to further conditions, with which Licensee shall comply. In the event of such consent being given by Benromach Whisky, any use of the Materials on any website or social media platform or software application by Licensee must not give the impression to third parties that the website or social media account or software application concerned is a website or a social media account of Benromach Whisky.
3.5. Licensee shall promptly provide Benromach Whisky with any information requested by Benromach Whisky regarding Licensee’s use of the Materials, including (without limitation) samples of the use of the Materials, at no cost to Benromach Whisky.
4. Acknowledgements by Licensee
4.1 Licensee agrees and acknowledges that subject to the Licence, all rights to the Materials are reserved to Benromach Whisky and Licensee accepts that all trade marks, names, logos, designs, symbols, emblems, domain name registrations, insignia, slogans, copyrights, know-how and all other intellectual property rights in connection with the Materials belong absolutely to Benromach Whisky.
4.2. Licensee shall not register or seek to register the licence of rights granted by these Conditions. Licensee will do nothing (whether by omission or commission) to affect, endanger, prejudice or threaten the validity of any intellectual property rights arising in the Materials (including without limitation any registration of any part of such intellectual property rights which may be applied for by Benromach Whisky.)
4.3. Licensee understands and agrees that the exercise of the Licence is subject to all applicable laws, enactments, regulations, codes of practice and other similar instruments in the Territory (including, without limitation, all applicable local laws relating to advertising, broadcasting, health and safety and telecommunications), and that Licensee shall at all times be solely liable and responsible for compliance with all such applicable laws, enactments, regulations, codes of practice and other similar instruments. Licensee will obtain at its own expense all third party licences, permits and consents necessary for Licensee’s use of the Materials.
5. Translations and Modified Versions
5.1. Licensee is permitted to translate the Materials from the English language into the official language or languages of the Territory
5.2. Licensee is permitted to reduce or enlarge (but for the avoidance of doubt not to distort) the Materials; to convert the Materials from colour copy into monochrome copy and vice versa; and to convert the Materials from electronic copy to hard copy and vice versa.
5.3. Subject to condition 2, Licensee shall use the Materials without any alteration or amendment unless the alteration or amendment has been expressly approved in advance in writing by Benromach Whisky.
5.4. Licensee shall notify Benromach Whisky promptly after the creation of any Translations or Modified Versions and shall provide copies of them to Benromach Whisky.
5.5. Licensee hereby absolutely assigns to Benromach Whisky all the copyright and all other rights of a like nature in the Translations and the Modified Versions conferred under the laws of the United Kingdom and all other countries of the world in which copyright in the Translations and the Modified Versions subsists.
5.6. Licensee warrants to Benromach Whisky that no rights in respect of the Translations and the Modified Versions have or shall be granted by Licensee to any third party.
5.7. Upon their assignation to Benromach Whisky pursuant to condition 5, the Translations and the Modified Versions shall be deemed to be incorporated into and shall become part of the Materials and accordingly shall become subject to the terms of the Licence.
5.8 Licensee agrees that Benromach Whisky, its licensees and successors whomsoever are not required to incorporate an acknowledgement of Licensee’s authorship in respect of the Translations and the Modified Versions and may from time to time modify the Translations and the Modified Versions in such a matter as they in their sole and absolute discretion see fit.
6. Electronic access to Materials
If Licensee is provided with access to the Materials by Benromach Whisky via any website or electronic portal then Licensee shall comply with the terms and conditions of use of any such website or electronic portal. Licensee shall treat any user identification code, password or any other piece of security information for such website or electronic portal as confidential and shall not disclose it to any third party. Benromach Whisky shall have the right to disable access to any such website or electronic portal at any time without notice.
7.1. Licensee shall immediately notify Benromach Whisky in writing giving full particulars if any of the following matters come to its attention: (a) any actual, suspected or threatened infringement of the copyright or other intellectual property rights in the Materials; (b) any claim made or threatened that the Materials infringe the rights of any third party; or (c) any other form of attack, charge or claim to which the copyright or other intellectual property rights in the Materials may be subject.
7.2. In respect of any of the matters listed in condition 1: (a) Benromach Whisky shall, at its absolute discretion, decide what action to take, if any; (b) Benromach Whisky shall have exclusive control over, and conduct of, all claims and proceedings; (c) Licensee shall not make any admissions other than to Benromach Whisky and shall provide Benromach Whisky with all assistance that it may reasonably require in the conduct of any claims or proceedings; and (d) Benromach Whisky shall bear the cost of any proceedings and shall be entitled to retain all sums recovered in any action for its own account. Licensee shall not be entitled to bring any action for infringement of the copyright or other intellectual property rights in the Materials under section 101A of the Copyright, Designs and Patents Act 1988 (or equivalent legislation in any jurisdiction).
8. No warranty and exclusion of liability
8.1. Licensee acknowledges that Benromach Whisky grants no warranties and makes no representations whatsoever about the Materials, including without limitation the origin, ownership, title, use, fitness or suitability for any purpose, characteristics or accuracy of the Materials. All warranties as to the Materials, whether statutory or implied are hereby expressly excluded to the fullest extent permitted by law.
8.2. Subject to condition 3, in no event shall Benromach Whisky be liable for any loss (including without limitation loss of profits, loss of revenue, consequential or indirect loss), claim, injury, damage, costs or expenses incurred by Licensee arising directly or indirectly from the grant of the Licence or from Licensee’s use of the Materials.
8.3. Nothing in these Conditions or the Licence shall have the effect of excluding or limiting any liability for death or personal injury caused by negligence or for fraud or for any matter in respect of which it would be illegal for Benromach Whisky to exclude or limit or attempt to exclude or limit its liability.
Licensee hereby agrees (notwithstanding termination of the Licence) to fully indemnify and keep fully indemnified Benromach Whisky, its employees and agents, against any and all claims, liabilities, actions, proceedings, costs, expenses, losses, damages and demands arising out of or resulting from any use of the Materials by Licensee, or any breach by Licensee of its obligations under these Conditions.
10. Termination of licence
Benromach Whisky shall be entitled in its sole discretion at any time, and without any liability whatsoever to Licensee, to terminate the Licence by giving written notice to Licensee.
11. Return of Materials
11.1. On the request of Benromach Whisky made at any time, Licensee shall deliver up to Benromach Whisky all Materials, any copies thereof any other materials (in whatever medium) in possession, custody or control of Licensee that bear or incorporate any part of the Materials, or at Benromach Whisky’s option Licensee shall destroy the same. On the request of Benromach Whisky at any time, Licensee shall irrevocably delete and take down any Materials from any computer or any other electronic system or website or social media account or software application in the possession, custody or control of Licensee.
11.2. Licensee shall deliver to Benromach Whisky on request a certificate signed by an authorised signatory of Licensee certifying that the provisions of condition 1 have been complied with.
12.1. If any provision of these Conditions is found by any court of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Conditions and the remainder of such provision shall remain in full force and effect.
12.2. The Licence is the whole agreement between Benromach Whisky and Licensee in relation to the licensing of rights in the Materials, and no amendment or variation of these Conditions shall be binding unless it is in self-proving writing signed on behalf of both parties.
12.3. No failure or delay by either party in enforcing any provision of these Conditions shall be construed as a waiver of any of its rights under these Conditions. Any waiver by either party of any breach of, or any default under, any provision of these Conditions the other shall not be deemed a waiver of any subsequent breach of or default and will in no way affect the other terms of these Conditions.
12.4. The Licence is personal to Licensee and it will not be entitled to sub-licence, assign, transfer or sub-contract any of its rights or obligations under these Conditions without Benromach Whisky’s express prior written consent.
12.5. Except as expressly provided these Conditions shall not be construed as granting or confirming any rights or licences in respect of the Materials or relationships between Benromach Whisky and Licensee.
12.6. Notices under these Conditions shall be sent by post, fax or email from one party to the other at the last known address, fax number or email address of the other and shall be deemed to have been received on the day immediately following the day of despatch without the need to prove actual delivery.
12.7. These Conditions shall be governed by and interpreted in accordance with Scots Law, and the parties hereby submit to the non-exclusive jurisdiction of the Scottish Courts.
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You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Information about you
We have tried our best to make sure that everything on our site is accurate, but we are only human and must admit there is a chance we might make a mistake. So everything, including materials, text, graphics, links or other items contained in this website, is provided "as is" and you use the site at your own risk. This means we offer no guarantees and accept no liability, express or implied, in respect of any errors, omissions or inaccuracies on the site, or its fitness for any particular purpose.
We hope you like our site and will visit us often, and we will do our best to ensure it is always available to you, but we cannot guarantee constant and uninterrupted access to the site. Other than to the extent we are bound under law, we exclude any and all liability whatsoever for any errors or problems you experience due to technical faults or any loss, injury, damage, costs or expense you suffer because you visited our site, for example (but not by way of limitation) due to any computer viruses or any financial loss you may suffer as a result of relying on any inaccurate information you receive on this site. This does not affect any statutory rights which by law cannot be excluded by us.
This website may contain links to other websites. These links do not imply any connection between ourselves and the website owners or operators, or any endorsements of these websites and we have no control over their content and are not liable in any way in respect of them.
From time to time we may ask you to read other legal terms and conditions elsewhere from our site.
Law and jurisdiction
By entering our site and accepting these terms and conditions, you agree that the Laws of Scotland will govern these terms and conditions, and your use of the site. You also agree that the Scottish Courts will have exclusive jurisdiction over any dispute regarding these terms and conditions or your use of the site.
So if you think this makes sense and are happy to carry on please confirm your acceptance by clicking in the box provided which will also act as confirmation to us that you meet the age and residency requirements of using this site and welcome to the world of Benromach Whisky.
Fathers Day 2019 Competition - Terms & Conditions
1. THE PROMOTER
The promoter is Speymalt Whisky Distributors Limited of George House, Boroughbriggs Road, Elgin, Moray, Scotland IV30 1JY, trading as Benromach (“Benromach” “We” “Us” “Our”).
2. THE COMPETITION AND HOW TO ENTER
2.1 The title of the competition is the Father’s Day 2019 Campaign Social Media Competition (“Competition”)
2.2 To enter the free Competition, entrants have to:
(a) ‘comment’ as directed with your story on the Father’s Day 2019 Campaign posts on Our official Facebook account;
(b) ‘comment’ as directed with your story on the Father’s Day 2019 Campaign posts on Our official Instagram account; or
(c) ‘reply’ with your story on the Father’s Day 2019 Campaign tweets on Our official Twitter channel;
2.3 Only entries through Benromach’s official Facebook, Instagram and Twitter channels will be accepted.
2.4 You must reply directly to the Father’s Day 2019 Campaign posts or tweets. Replies in your newsfeed or tagging Us in your newsfeed will not be accepted. You acknowledge that Our official social media channels are public forums and therefore your post will be public, meaning it can be viewed by anyone accessing Our social media channels.
2.5 There is a limit of 1 (one) entry per person across Our official Facebook, Instagram and Twitter channels. No responsibility will be accepted for mis-posted, lost or delayed entries. Benromach shall be entitled to edit or moderate any comments posted.
2.6 The Competition will run from 9:00am GMT on Wednesday 5th June 2019 (the "Opening Date") to 11:59pm GMT on Monday 17th June 2019 (the "Closing Date") inclusive.
2.7 All Competition entries must be received by Benromach on either Our official Facebook, Instagram or Twitter channels by no later than 11:59pm GMT on the Closing Date. All Competition entries received after the Closing Date are automatically disqualified.
2.8 This is a free competition and no purchase is necessary to enter this Competition.
2.9 Benromach will not accept:
(a) responsibility for Competition entries that are lost, mislaid, delayed regardless of cause, including, for example, as a result of any, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
(b) proof of transmission as proof of receipt of entry to the Competition.
2.10 By participating in this Competition and submitting a Competition entry, you are agreeing to be bound by these terms and conditions.
2.11 These terms and conditions prevail in the event of any conflict or inconsistency any other communications, including advertising or promotional materials.
2.12 Please see Our website for a copy of these Competition terms and conditions.
3.1 The Competition is only open to residents in the UK aged 18 years or over, except:
(a) employees of Benromach or its holding or subsidiary companies;
(b) employees of agents or suppliers or distributors of Benromach or its holding or subsidiary companies, who are professionally connected with the Competition or its administration; or
(c) members of the immediate families or households of (a) and (b) above.
3.2 In entering the Competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. Benromach may require you to provide proof that you are eligible to enter the Competition.
3.3 Benromach will not accept Competition entries that are:
(a) automatically generated by computer;
(b) completed by third parties or in bulk;
(c) illegible, have been altered, plagiarised, reconstructed, forged or tampered with; or
3.4 Entries on behalf of another person will not be accepted and joint submissions are not allowed.
3.5 Benromach reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize Competition.
4. THE PRIZE
4.1 The Competition prizes consist of:
(a) The Main Prize
There is 1 (one) distillery tour prize consisting of:
direct economy flights with an airline of Our choosing for 2 (two) individuals from any UK airport (that flies directly to Inverness) to Inverness Airport;
1 (one) night’s accommodation for 2 (two) individuals (including breakfast, lunch and dinner) at a quality B&B local to the Benromach Distillery. Specific accommodation will be confirmed when travel dates are agreed;
taxi transfers for 2 (two) individuals from: Inverness Airport to the selected B&B accommodation (and return journey), from the selected B&B accommodation to the Benromach Distillery (and return journey); and
a Benromach Distillery experience which includes a tour with the Distillery Manager, and a morning or afternoon spent with one of the Distillers. Subject to timings of flights and weather conditions, a boat trip out on the Moray Firth will be arranged or an alternative activity of Our choosing will be provided (“Main Prize”)
Please note the prize does not include travel insurance, the cost of transfers from your home to the originating airport (or vice versa), food and drink that is not expressly stated above, spending money, tax or personal expenses. Any other costs incurred in addition to those set out above and that are incidental to the fulfilment of the prize are the responsibility of the winner. The exact timetable of the experience will be confirmed with the winner subject to flight arrival and departure times.
(b) The Runner Up Prize:
2 (two) runners up will also be selected. Each runner up will receive 1 x 70cl bottle of Benromach 15 Years Old. Please note, runners up will only receive their bottle if they are resident and live in the UK (“Runner Up Prize”)
4.2 The winner of the Main Prize will be responsible for ensuring that she/he and any person travelling with them are eligible and available to travel and hold valid passports, any necessary visas, travel documents and travel insurance for the holiday in question on the travel dates specified. Dates once notified cannot be changed.
4.3 Prizes are subject to availability. There is no cash alternative for the prize.
4.4 Benromach reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond Benromach’s control makes it necessary to do so.
4.5 The Main Prize and Runner Up Prize are not negotiable or transferable.
5. WINNERS AND CLAIMING THE PRIZE
5.1 The Competition entries whose response will be judged by a panel of judges (“Panel”). The Panel will select 1 (one) winner for the Main Prize and 2 (two) runners up for the Runner up Prize and may be selected from any of Our social medial channels (meaning Our official Facebook, Instagram and Twitter channels). The Panel will base their judgement on the most apt and original comment in response to Our Father’s Day 2019 Campaign post.
5.2 The decision of the Panel (acting reasonably) will be final and no correspondence or discussion will be entered into.
5.3 Benromach will contact the winner and 2 (two) runners up initially by commenting on their post on the respective social medial channels within 48 (forty-eight) hours of the Closing Date (“Our Reply”).
5.4 We will ask the winner and 2 (two) runners up to private message or direct message Us. We will ask the winner and 2 (two) runners up to enclose their contact details in their message (such as full name, email address, telephone number and postal address).
5.5 If We do not hear from the winner or 2 (two) runners up within 48 (forty-eight) hours of Our Reply, then We will private or direct message the winner and/or 2 (two) runners up informing them of their prize and requesting their contact details. Each entrant has the responsibility of configuring their profile settings to ensure they can receive private messages from contacts whom they are not friends with or whom they are not following.
5.6 In order to claim the Main Prize or the Runner Up Prize, the winner and 2 (two) runners up must send Us a private or direct message within 7 (seven) days of Our Reply.
5.7 Benromach will make all reasonable efforts to contact the winner and 2 (two) runners up. If We do not hear from the winner and/or 2 (two) runners up within 7 (seven) days of Our Reply We reserve the right to offer the prize to the next eligible entrant selected from the correct entries that were received before the Closing Date.
5.8 Benromach must either publish or make available information that indicates that a valid award took place. To comply with this obligation Benromach will publish the surname and county of the winner and 2 (two) runners up which will be announced on 21st June 2019 (“Announcement Date”).
5.9 If you object to any or all of your surname, county and winning entry being published or made available by Us, please contact Benromach directly by emailing email@example.com using the subject line ‘Father’s Day 2019 Campaign Contact Details’. Please note that any post made on Our official social media channels are public. In such circumstances, Benromach must still provide the information and winning entry to the Advertising Standards Authority on request.
5.10 We will then follow up with the winner and runners up on the delivery of any materials relating to their prizes.
5.11 Specifically for the winner of the Main Prize, We will contact them to detail the particulars of reserving the flights and accommodation and how & when their main distillery tour can be used.
5.12 The winner of the Main Prize will be fully responsible for providing Benromach with correct contact details, travel dates and identification documentation required for the reservation of the flights and accommodation. Benromach will not be responsible for any additional costs or charges caused by incorrect information being provided by you.
5.13 The prize may not be claimed by a third party on your behalf.
5.14 Benromach does not accept any responsibility if you are not able to take up the prize.
5.15 The Main Prize must be used within twelve months of the Announcement Date and can only be used during normal distillery opening dates/times, see www.benromach.com/distillery for Our full Distillery opening dates/times. The prize cannot be used during the month of July 2019 as the distillery will be on its annual shutdown.
6. DATA PROTECTION AND PUBLICITY
6.1 We will need to collect personal data from the winner (and any person travelling with them for the Main Prize) and the 2 (two) runners up in order to correspond with them relating to the Father’s Day 2019 Campaign, for arranging the reservations relating to the Main Prize, and for delivery of the Runner Up Prize.
7. LIMITATION OF LIABILITY
7.1 The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter.
7.2 Insofar as is permitted by law, Benromach, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by Benromach’s negligence, its agents or distributors or that of their employees. Your statutory rights are not affected.
8. OWNERSHIP OF COMPETITION ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
You agree to grant Benromach a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the Competition entry to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the Competition entry for such purposes.
9.1 If there is any reason to believe that there has been a breach of these terms and conditions, Benromach may, at Our sole discretion, reserve the right to exclude you from participating in the Competition.
9.2 Benromach reserves the right to hold void, suspend, cancel, or amend the prize Competition where it becomes necessary to do so.
9.3 These terms and conditions shall be governed by Scots law, and the parties submit to the non-exclusive jurisdiction of the Scottish courts.