The Elijah Craig Bourbon Swing Promotion – Terms and Conditions

Consumer Promotion

These terms and conditions (“Terms and Conditions”) of Proof Drinks LTD (“Promoter”) shall govern the conduct of the consumer promotion detailed herein (“Promotion”) and shall prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry and claim instructions are deemed to form part of the terms and conditions and by participating, all entrants will be deemed to have accepted and be bound by the terms and conditions. Please retain a copy for your information.

1. This Promotion is only open to legal residents of the United Kingdom, excluding Northern Ireland, and aged 18 or over at the time of entry. Void where restricted or prohibited by applicable law.
2. This Promotion excludes employees and their immediate families of Proof Drinks, PGA Tournament Corporation, Inc. (“PGAA”), Ryder Cup Europe LLP (“RCE”) (PGAA and RCE together referred to herein as the “Golf Entities”), Heaven Hill Distilleries, Inc., their respective agencies, or anyone professionally connected with the Promotion.
3. Purchase of an Elijah Craig beverage in a participating pub, bar or venue is necessary to participate in the Promotion.
4. Internet access is required to participate in the Promotion.
5. Only entries submitted during the Promotion Period (as defined below) via the official entry form set forth herein will be accepted.
6. The Promotion is open for entries from 00:01 on 18^th September 2023 until 23:59 on 30^th September 2023 (the “Promotion Period”).
7. To enter, entrants must scan the QR code on a promotional coaster in one of the participating venues, or input the following URL: https://elijahcraig.wufoo.com/forms/win-with-the-bourbon-swing/ (“Promotion Website”) using either desktop computer or compatible mobile device. This will take entrants to an online form, where, upon verification of legal drinking age, they must enter their details (name, email address and date of birth), along with confirmation of the venue where they purchased and a photograph of their Elijah Craig drink (“Entry”).
8. By scanning the QR code, you are consenting to receive one (1) or more communication(s) per Entry regarding the Promotion. Your submission of online Entry is your electronic signature agreeing to these Terms and Conditions and to giving electronic written consent to entering the Promotion. Entrants entering this Promotion via QR code must have a smart phone or other web-enabled device with a data plan to enter. Entrants entering this Promotion via QR code may incur standard data charges from their wireless service provider. Check with your wireless service provider for details on these and other applicable charges. Entrants are solely responsible for any wireless charges. Not all wireless carriers participate. Message and data rates apply for Entries submitted via mobile devices.
9. Each entrant may enter the Promotion a maximum of once per 24-hour period throughout the Promotion Period. The same photograph cannot be used for multiple entries. Automated means of entry are prohibited, and any use of automated devices will disqualify the Entry and/or applicable entrant. Use of email addresses from disposable or temporary email address services, or email forwarding services, is prohibited and any attempt to enter using such an email address will be blocked. An email address is required to enter. Only fully completed entries are eligible. Entrants may not enter with multiple email addresses. Entrants may not use any other device or artifice to enter multiple times above the stated limit or as multiple entrants. Any entrant who attempts to enter with multiple email addresses or uses any device or artifice to enter multiple times in violation of the preceding entry limit may be disqualified and forfeits the prize, in Promoter’s sole discretion.
10. Proof of submission is not proof of receipt by Promoter. In the event of a dispute as to who submitted an Entry, the natural person associated with the email account used for entry will be considered the entrant, but only if that individual is otherwise eligible to enter the Promotion and if not, such Entry will be void and will not be considered.
11. There is a maximum of one prize per verified winner. A winner of one prize will not be eligible to win additional prizes offered in connection with this Promotion.
12. The winners of the prizes will be selected in a final random prize draw of all valid Entries received by Promoter during the Promotion Period. This prize draw will take place on 3^rd October 2023 via a randomised computer process, to be supervised by a member of the Promoter. Odds of winning a prize depend upon the total number of eligible Entries received by Promoter during the Promotion Period.
13. Prizes: There are a total of 6 prizes to be won. Each prize consists of 1 x 70cl Commemorative Edition Bottle of Elijah Craig Bourbon Whiskey, along with 1 x Elijah Craig/Ryder Cup ball marker, 1 x Elijah Craig/Ryder Cup ice mould, and 1 x Elijah Craig/Ryder Cup golf towel. The winner is solely responsible for any taxes on the prize, as applicable.
14. Approximate Retail Value of Prize(s): The approximate retail value (“ARV”) of each prize component is as follows: (i) Commemorative Edition Elijah Craig 70cl bottle – £99; (ii) Elijah Craig/Ryder Cup ball marker – £6.99; (iii) Elijah Craig/Ryder Cup ice mould – £5.99; and (iv) Elijah Craig/Ryder Cup golf towel – £4.99. Each prize package ARV – £62.96. Total ARV of all prize packages – £377.76.
15. The minimum age for entrants is 18 years old. Delivery of prizes is available to addresses within the United Kingdom only. Prizes are non-transferable and non-refundable. No cash alternative, prize substitution, or cash redemption is available or permitted. Promoter shall not be held responsible for any delays in awarding the prize or any component thereof for any reason.  Entry into this Promotion constitutes entrant’s agreement to be bound by these Terms and Conditions and by the decisions of Promoter, which are final and binding on all matters pertaining to this Promotion. All prize elements are subject to availability. In the event that the prize becomes unavailable for any reason, no prize OR an alternative prize of equal value may be provided, in Promoter’s sole discretion. The prize winner is responsible for ensuring that any delivery note is checked when the prize is received. The prize excludes anything not expressly listed above.
16. Winner Notification: Winners will be contacted by email within 2 days of the prize draw (“Notification”) and will have 48 hours to confirm acceptance of the prize, and to re-confirm postal address details for delivery of their prize. Winners will also be required to provide an email scan of their ID (passport, birth certificate or driving license) in order to prove that they are aged 18 or over. Where a winner does not respond within this 48-hour period, or does not provide the requisite ID, the prize will be forfeited by the winner and shall be re-allocated to a replacement winner using the same methodology as above. Subject to provision 18, all prizes will be delivered to applicable winners within thirty (30) days of the conclusion of the Promotion Period.
17. Please be advised that Promoter may publish and make available to the public certain personal information regarding the winner(s) and/or entrants. In connection with the foregoing, entrants and/or winners may object to their personal information being published or made available, or request that Promoter reduce the amount of information published or made available. Promoter will comply with any such request duly received, and any such request shall not preclude a winner from receiving a prize, nor shall such request impact an entrant’s odds of winning.
18. It is the responsibility of winners to supply the correct personal information to claim their prize. The Promoter will not be liable for non-delivery of the prize if an incorrect or incomplete postal address was provided by the winner. Upon Promoter’s receipt of the potential winner’s response to Notification, potential winner will be sent via traceable mail/email an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (the “Paperwork”), and will be required to complete, sign, and return the Paperwork via traceable mail/email within five (5) business days. Return of potential winner’s Paperwork is a pre-condition to prize award. If a winner forfeits the prize for any reason after confirmation, no alternate winner will be selected in connection with the forfeited prize.
19. Winners’ names and home counties will be available for a period of 3 months following the end of the Promotion Period, by writing to:Elijah Craig Promotion
    Element London
    5 Morie Street
    London
    SW18 1SL

20. No responsibility can be taken for entries which are misdirected, lost, delayed, damaged or corrupted during delivery to or from the Promoter due to any computer malfunction, virus, bug, delay or other reason whatsoever. The Promoter is not responsible for any incorrect or inaccurate information supplied to the Promoter by the entrant on their application.
21. No responsibility or liability is assumed by the Promoter, Golf Entities, or Heaven Hill Distilleries, Inc. for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Promotion: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmission to be sent to or received; lost, late, delayed, or intercepted email transmission; inaccessibility of the Promotion Website in whole or in part for any reason; traffic congestion on the Internet or Promotion Website (including mobile version of same); unauthorized human or non-human intervention in the operation of the Promotion, including without limitation, unauthorized  tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Promotion. Promoter and Heaven Hill Distilleries, Inc. are not responsible for any typographical errors in the announcement of the prize or these Terms and Conditions, or any inaccurate or incorrect data contained on promotional materials or on the Promotion Website (including mobile version of same), including but not limited to Promotion advertising materials. Use of Promotion Website (including mobile version of same) is solely at the user’s own risk.
22. Promoter promotes responsible drinking practices and reminds entrants to comply with responsible drinking principles. Accordingly, Promoter reserves the right to reject any entry which includes or suggests: (a) consumption of alcohol by anyone younger than age 18; (b) driving or operating of machinery, or any other activity requiring an elevated level of concentrated thought in connection with the consumption of alcohol; (c) excessive consumption or irresponsible drinking practices; or (d) any other type of illegal, anti-social, offensive, or discriminatory behaviour, gestures, or imagery.
23. Each entrant to this Promotion represents and warrants that their Entry is original, that at the time of submission of their Entry, they are the sole and exclusive owner and right holder of the submitted Entry, and that they have the right to submit the entry in the Promotion. Each entrant further represents and warrants that their entry does not: (1) infringe any third-party proprietary, intellectual property, privacy, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; (2) include any personally identifiable information of any person other than the entrant who has submitted such Entry; or (3) otherwise violate any applicable law. To the fullest extent permissible by law, the Promotion Indemnified Parties (as defined below) shall not be liable for any loss or damage whatsoever which is suffered or sustained as a result of an entrant’s participation in the promotion, submitted Entry, or a winner’s use of any prize. And, to the fullest extent permitted by applicable law, the winner agrees to indemnify, hold harmless, and keep indemnified the Promoter, Heaven Hill Distilleries, Inc., Golf Entities (each of the foregoing, “Promotion Indemnified Parties”), and their respective officers, owners, employees, and agents at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Promotion Indemnified Parties may become liable by reason of or related or incidental to any act, default or omission by an entrant under these Terms and Conditions including without limitation, resulting from or in relation to any breach, non-observance, act or omission, whether negligent or otherwise, of these Terms and Conditions by an entrant.
24. IN ADDITION TO ANY OTHER LIMITATIONS HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENTRANTS AND WINNERS HEREBY WAIVES ALL RIGHTS TO: (I) CLAIM PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES (WHETHER DUE TO NEGLIGENCE OR OTHERWISE), OTHER THAN FOR ACTUAL OUT-OF-POCKET COSTS; AND (II) HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
25. There are no other prize alternatives available in whole or in part and for a non-cash prize, no cash alternatives except in the event of circumstances outside of its control, when the Promoter reserves the right to substitute similar alternatives of equal or greater value. Unless otherwise agreed in writing by the Promoter, the prize of Elijah Craig Bourbon Whiskey and Ryder Cup merchandise will be awarded directly to the winners.
26. The Promoter’s decision is final with regard to all promotional matters and no correspondence will be entered into. By participating in the Promotion, entrants accept these Terms and Conditions and are bound by all the rules in full.
27. The Promoter reserves the right at its sole discretion, to eliminate or disqualify any entries or entrants that it regards as being in breach of these Terms and Conditions or the spirit of the Promotion.
28. In the event of circumstances outside the reasonable control of the Promoter, or otherwise where fraud, abuse, and/or an error (human or computer) affects or could affect the proper operation of this Promotion or the awarding of prizes, and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the Promotion or these terms and conditions, at any stage, but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.
29. The Promoter reserves the right to verify all entries and the winners and to refuse to award a prize or withdraw a prize entitlement or refuse further participation in the Promotion where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this Promotion’s entry requirements or otherwise where a participant has gained unfair advantage in participating in the Promotion or won using fraudulent means. The Promoter will be the final arbiter in any decisions and these will be binding and no correspondence will be entered into.
30. Except where prohibited by applicable law, by accepting the prize, a winner grants permission for Promoter and those acting under its authority to use the winner’s name and address of residence, Entry photograph, photograph, voice and/or likeness, video images and all related footage, and any statements for or in connection with the Promotion (collectively, “Content”) for any purpose (trade, commercial, advertising, and/or publicity purposes), in any and all media (including posting on the Promotion Website or social media) now known or hereinafter invented without territorial, geographical, or time limitations and without further notice to, consent from, and/or additional compensation to the winner(s). To the extent permitted by law, winners hereby waive in favour of the Promoter and agrees not to assert any moral rights (or similar rights worldwide) in and in connection with any of their foregoing Content.
31. Any information collected from entrants into this Promotion will be treated in confidence and will not be disclosed to any third party for marketing purposes unless the Promoter has consent. Any personally identifiable information will be handled in accordance with Promoter’s privacy policy and, to the extent applicable, Heaven Hill Distilleries, Inc.’s privacy policy located at: https://heavenhill.com/privacy-policy.php, for legitimate business purposes such as to provide you with personalized services and content, to analyse and consider ways of improving its services and products, and to respond to your requests. Personal information belonging to an entrant may be transferred to any country where Promoter, Heaven Hill Distilleries, Inc., or our service providers have facilities and personal information will be retained as permitted by applicable law. Entrants have a right to access, modify or remove their personal data by contacting the Promoter directly at info@proofdrinks.com.
32. If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable by any court of applicable jurisdiction, all remaining provisions hereof will remain in full force and effect for all purposes.
33. Failure by the Promoter to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
34. This Promotion is governed by English law and is subject to the exclusive jurisdiction of the English courts.

PROMOTER: Proof Drinks LTD, 41 Great Portland Street, London, W1W 7LA.

PGA Tournament Corporation Inc., The Professional Golfers’ Association of America and Ryder Cup Europe LLP are not promoters, sponsors, or participants of this Promotion.