Terms & Conditions
Registration for Bottle Pair ballot Terms and Conditions
Definitions
These terms and conditions (the “Terms and Conditions”) govern your participation in the Promotion as operated by the Promoter and carry the following definitions:
Starting Date means 12:00 pm on Monday 6th November 2023 in the United Kingdom.
Closing Date means 11:59 pm on Sunday 19th November 2023 in the United Kingdom.
Bottle Pair means one bottle of Aberlour 15 Year Old Ex-American Oak 70cl & one bottle of Aberlour 15 Year Old Ex-European Oak 70cl.
Criteria means a computer program which produces verifiably random results.
Entry / Entries has the meaning given defined in clause 6 of these Terms and Conditions.
Notification means an email sent to the Successful Applicants asking them to make payment by debit or credit card online using a unique code on the Aberlour online shop at www.aberlour.com in order to purchase the Bottle Pair.
Privacy Policy means the policy of the Promoter found at https://www.chivasbrothers.com/privacy-policy
Promoter means Chivas Brothers Limited, a company registered in Scotland under company number SC646563 and with a registered office at Kilmalid, Stirling Road, Dumbarton, Scotland, G82 2SS.
Promotion means this promotion to register your interest through one Entry to have the chance to purchase a Bottle Pair, to be sent to a postal address in the Territory. Under this Promotion, 1000 Bottle Pairs will be sold, at a price of £200.00 (inclusive of VAT) each.
Redraw means a second ballot draw to take place on Monday 27th November 2023 in the event of any unclaimed Bottle Pairs from the first ballot draw that took place on Monday 20th November 2023 and only for unsuccessful applicants of the first ballot draw, in line with these Terms and Conditions. If any Bottle Pairs remain unclaimed after the second ballot draw, a third ballot draw may take place on Monday 4th December 2023 and only for unsuccessful applicants of the second ballot draw, in line with these Terms and Conditions.
Successful Applicant means an eligible applicant (in accordance with clause 5 below) who is successful in the Promotion subject to satisfying the requirements of these Terms and Conditions, particularly clauses 19 to 21.
Territory means Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, Germany, Guernsey, Ireland, Isle Of Man, Jersey, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Portugal, Slovenia, Switzerland and United Kingdom.
Full Terms and Conditions
1. Your entry to the Promotion is governed by these Terms and Conditions. Any entry or claim instructions are deemed to form part of the Terms and Conditions and by entering the Promotion you accept these Terms and Conditions and agree to abide by them, including any modifications.
2. The Promoter reserves the right to refuse entry or refuse to allow an applicant to purchase a Bottle Pair if the applicant is in breach of these Terms and Conditions.
3. In the event of any conflict or inconsistency with any other communications, including advertising or promotional materials, these Terms and Conditions will prevail.
Who can enter (eligibility)
4. This Promotion is open to worldwide applications but note that all entrants must have permission for a Bottle Pair to be shipped to a postal address in the Territory, in accordance with clause 5 below.
5. To participate in the Promotion you must:
a) be 18 years old or above;
b) be of legal drinking age in your country of residence;
c) be of legal age to enter promotions in your country of residence;
d) have access to the internet;
e) have a postal address in the Territory or have permission for the Bottle Pair to be shipped to a postal address in the Territory;
f) be able to provide an email address and contact telephone number which will enable you to be to contacted by the Promoter in accordance with these Terms and Conditions.
How to enter
6. To enter this Promotion you must complete the registration form at the following web address in accordance with these Terms and Conditions:
Aberlour 15 Years Old Distillery Exclusive Bottle Pair
and follow the entry instructions before the Closing Date (‘Entry’ or ‘Entries’)
7. Entries must comply with these Terms and Conditions.
8. Only one Entry per person is permitted for the Promotion. If more than one Entry is received from the same person all such further Entries will be disqualified and only the first Entry will be accepted as an Entry into the Promotion.
9. No entries from agents, third parties, syndicates, organised groups or entries automatically generated by a computer, program, application, script or any automatic method will be accepted.
10. No payment or purchase is necessary to enter or succeed in the Promotion. A payment or purchase will not improve your chances of succeeding. However, each Successful Applicant will be required to pay for and purchase a Bottle Pair and shall only receive a Bottle Pair once clauses 19 to 21 of these Terms and Conditions have been satisfied.
11. Entries received after the Closing Date will not be considered.
12. Incomplete, illegal, undelivered, stolen, misdirected or late entries will not be accepted regardless of cause, including, for example, because of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind. The Promoter will not accept Entries that are illegible, have been altered, reconstructed, forged or tampered with, that are photocopies and not originals or that are incomplete. The Promoter cannot accept proof of transmission as proof of receipt.
13. The Promoter shall be the sole judge of which Entries are valid Entries and the result of the Promotion is final.
14. The Promoter reserves the right at its sole and absolute discretion to disqualify any individual deemed to be ineligible, found to be attempting to circumvent the Promotion by tampering with the operation of the Promotion, setting up multiple accounts, using multiple identities, or acting in a manner deemed by the Promoter to be in violation of the terms and conditions and where necessary, to undertake all such action as is reasonable to protect itself against such fraudulent or invalid Entries including, without limitation, to require further verification as to the identity, age, and other relevant details of an applicant and their Entry.
15. The Promoter accepts no responsibility for failure or delay to receive an Entry where such failure is due to circumstances outside the Promoter’s control.
16. By entering the Promotion you confirm that you are eligible to do so and eligible to purchase a Bottle Pair. The Promoter may require you to provide proof that you are eligible to enter the Promotion and that your entry complies with these Terms and Conditions and reserves the right to withhold an award of a Bottle Pair if you do not provide proof, or if the evidence shows reason to believe that your Entry does not comply with these Terms and Conditions.
Selecting the Successful Applicants
17. The Successful Applicants of the Promotion shall be selected in accordance with the Criteria and contacted by the Promoter by email within seven (7) working days after the Closing Date.
18. The Promoter will make reasonable efforts to contact the Successful Applicants. The Promoter is not responsible for unsuccessful efforts to notify any potential Successful Applicants.
19. To receive a Bottle Pair each Successful Applicant must fulfil all requirements detailed in the Notification. Requirements which may be detailed within the message may include, without limitation: confirmation/proof of the Successful Applicant’s identification and age; details of the address the Bottle Pair shall be sent to; and a requirement to use a unique code to complete the purchase of a Bottle Pair on the Aberlour online shop at www.aberlour.com, within a specific timeframe. If requested by the Promoter, the Successful Applicants may be required to sign documentation as required by law in their country of residence following receipt of the Notification.
20. If a Successful Applicant fails to respond to or fails to fulfil the requirements detailed by the Promoter in the Notification within the given timeframe, or they reject the chance to purchase a Bottle Pair, the Successful Applicant will be disqualified, the chance forfeited and an alternative Successful Applicant selected in the same manner as the original Successful Applicant in a Redraw. If any prospective Successful Applicant is found to be ineligible for any reason or non-compliant with these Terms and Conditions it will result in disqualification and the chance to purchase will be awarded to an alternative Successful Applicant under the same terms as those set out above.
21. Once a Successful Applicant has fulfilled all requirements detailed in the Notification and payment has been received in full, delivery of a Bottle Pair shall be organised for that Successful Applicant.
Bottle Pair
22. The Successful Applicants of the Promotion shall each be given the chance to purchase a Bottle Pair.
23. Each Successful Applicant is responsible for assessing its tax implications and paying any tax due or owing on the Bottle Pair purchased.
24. Each Successful Applicant is responsible for paying any delivery charges that may apply to the purchase of their Bottle Pair. The delivery charge will be specified before the Successful Applicant completes the purchase of their Bottle Pair, when the Successful Applicant provides their address for shipping.
25. No cash alternative is available for the Bottle Pair (except as set out at clause 33).
26. A Bottle Pair is not assignable or transferable.
27. A Bottle Pair may not be claimed by a third party on your behalf.
28. The decision of the Promoter regarding any aspect of the Promotion is final and binding and no correspondence will be entered about it.
General
29. You hereby confirm that all personal information submitted by you in entering the Promotion (the “Information”) is true and accurate. You are disclosing the Information to the Promoter for the Promotion. The Promoter will only use the Information for the purpose of operating and administering the Promotion (including, without limitation, sharing it with any Bottle Pair provider for the purposes of awarding and administering the Promotion), and for the further purposes set out or referred to in the Privacy Policy. The Promoter is the data controller in respect of the Information. Other than as set out in these Terms and Conditions and the Privacy Policy or as may be required by law or any enactment, and unless separate consent is received to use such Information for any other purpose, the Information will not be disclosed to any third party, other than members of the Pernod Ricard group or their appointed agencies as required to operate the Promotion.
30. The Promoter may ask you to participate in publicity relating to the Promotion and the Promoter will ask you to consent to any such publicity, which may include the use of your name and your country of residence on the Promoter’s website, Facebook, Twitter and Instagram accounts.
31. As far as is permitted by law, the Promoter assumes no responsibility or liability for any incorrect, incomplete or late Entries, or for any faulty, incorrect, erroneous or failed electronic data transmissions, communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of the Promotion causing delays or disruption and any inaccessibility or unavailability of the internet or the Promoter’s websites or any combination of these.
32. The Promoter and its associated companies, agents, contractors and sponsors, to the fullest extent permitted by law, assume no liability whatsoever for any direct or indirect damage, loss, or any injury suffered by any applicant or guest of any applicant participating in the Promotion, as a result of accepting the chance to purchase a Bottle Pair or the use or disclosure of an applicant’s Information in relation to the Promotion. Nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence.
33. In the event of damage while the Bottle Pair is in transit between the Promoter and the Successful Applicant to the address provided by the Successful Applicant, the Promoter shall reimburse the winner with the cash value equivalent of a Bottle Pair and any applicable delivery charges, provided the Successful Applicant satisfies the below conditions:
a) the Successful Applicant must check the contents of the delivery upon receipt;
b) the Successful Applicant must notify the Promoter of any damage to a Bottle Pair within 24 hours of receipt by email to aberlourdistillery@mailmarkuk.com; and
c) the Successful Applicant must include photographic evidence of the Bottle Pair label and the damage to any damaged Bottle Pair.
34. In no event shall the Promoter be liable for any damage caused to the Bottle Pair through courier, transport or other delivery or pick up arrangements made by anyone other than that made between the Promoter and the Successful Applicants (this includes no liability on any damage caused after a Bottle Pair has departed from the address provided to the Promoter).
35. Any cash refund under clause 33 shall be processed and reimbursed to the winner within 30 working days of receipt of the notification to the Promoter described in clause 33.
36. In the event of exceptional circumstances outside its reasonable control, the Promoter reserves the right to hold void, cancel or amend the Promotion or these Terms and Conditions at any stage, but will always endeavor to minimise the effect to applicants to avoid undue disappointment.
37. The Promoter’s selection of the Successful Applicants is binding in all matters. To ensure fairness and integrity of the Promotion to all applicants, the Promoter will not enter any discussion regarding the running of this Promotion.
38. The Promotion is void where prohibited or restricted by law.
39. If any provision of these Terms and Conditions is determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining terms shall survive and remain in full force and effect.
40. The Promotion and these Terms and Conditions (and any non-contractual issues which arise out of or in connection with them) will be governed by the laws of the participating country but any dispute as to the meaning of these terms and conditions will be subject to the exclusive jurisdiction of the English courts.