Absolut Digital campaign Terms & Conditions

The following terms and conditions (the “Campaign Terms” or “Terms”) apply to the "Absolut Born to Mix Digital Campaign" (the “Campaign”). By entering this Campaign, you accept and agree to be bound by these Terms, as well as the terms of use at https://www.absolut.com/ng/legal/terms-of-use/ the privacy policy at https://www.absolut.com/ng/legal/privacy-policy/  and any additional terms, conditions or other instructions posted on https://www.absolut.com/ng/competition (the “Website”). Please retain a copy of these Terms for your information. The Campaign is subject to all applicable national, federal, state and local laws, regulations and ordinances.

INTRODUCTION

1. Promoter and Data Controller: Pernod Ricard Nigeria Limited, 5th Floor, NIPOST Square, 1/3 Ologun Agbaje Street, Victoria Island, Lagos State ("The Absolut Company,” “we,” “us" and/or “Promoter”) is legally responsible for all aspects of the Campaign.
2. Campaign: The title of the Campaign is the “Absolut Born To Mix Digital Campaign.”
3. Eligibility: The Campaign is open to all customers, fans, followers and consumers (the “Participants”) of Absolut Vodka who are legal residents of NIGERIA who are aged 21 and over, excluding directors, officers and employees of the Pernod Ricard group, their immediate families (spouse, parent, child, sibling, grandparent and/or "step" family and those living in the same household), and employees, agents and representatives of any agencies or any third parties directly associated with the Campaign.
4. Social Media Platform: Facebook, Instagram, Twitter, including the pages and account of Nano & Micro Influencers on the aforementioned platforms.
5. Internet access is required to enter.
6. No purchase is necessary.

HOW TO ENTER

1. Entry Period: The call out phase for each entrant is open for four (4) weeks at 00:01 Greenwich Mean Time +1 June [23], 2022 and closes at 23:59 Greenwich Mean Time +1 on July [23], 2022.  Promoter’s computer is the official clock for the Campaign.
2. How to enter: Participants will invite Absolut Company to their bonding and networking hangouts, parties and events by posting invitation to the event or party on any Social Media Platform and mention/share one activity that will take place to bring guests closer together. Tag AbsolutNG and use the hashtag #BornToMix.
3. Eligible entries: For your entry to be eligible for the Campaign, the event must have bonding activity that is guaranteed to bring guests closer together (i.e., get to know each other better).
4. Content restrictions. Entries which, in the Promoter's sole opinion, fall within the following will not be accepted:

   a. events that are aimed at marketing consumption of alcohol to children or adolescents or pregnant women;

   b. events that connect consumption of alcohol with sport activities or sports or entertainment personalities;

   c. entries that are sexually explicit or suggestive (e.g., nudity or pornography);

   d. entries that promote any activities that may appear unlawful, unsafe or dangerous;

   e. entries that feature, advocate, suggest, condone, or treat in a humorous manner the excessive, underage or irresponsible consumption of alcohol;

   f. entries that feature violent, derogatory, profane, vulgar, indecent, racist, or cruel content, including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group;

   g. entries that portray Promoter or Promoter's brands or products in any way that may give rise to public contempt, scandal, disrepute or ridicule or that defame, misrepresent or contain disparaging remarks about Promoter or other people or companies;

   h. entries that communicate messages or images inconsistent with the positive images and/or goodwill associated with the Promoter; and

   i. entries which violate any national, federal, state, or local law, regulation, or ordinance, or any applicable self-regulatory rules or code of conduct with respect to the marketing of alcoholic beverages (e.g Nigerian Code of Advertising Practice, Sales Promotion and Other Rights/Restrictions of Practice.

5. Ownership restrictions. Entries must not contain, incorporate or reference anything that is owned by any third party or entity or would require the consent of any third party or entity in any jurisdiction – unless the entrant has license to use the content. Except as otherwise provided by law, entrants shall indemnify and hold the Promoter harmless for any breach of this provision or the provision regarding third parties, below. Such excluded content includes:

   a. trade marks, logos, or trade dress (such as on clothing, or distinctive packaging or building exteriors/interiors) owned by others;

   b. any personal identification;

   c. copyrighted materials owned by others (including songs, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media);

   d. materials embodying the names, likenesses, voices, or other indicia identifying any third parties, including, without limitation, influencers, celebrities and/or other public figures, living or dead;

   d. official emblems, flags, currency (or pictures thereof), or names of any country; or

   f. any other intellectual property right.

6. The Promoter reserves the right at any time, in its absolute discretion, to:

   a. verify the eligibility of any entrant or entry (including their age, place of residence, and originality of the entry);

   b. disqualify any entrant found to be abusing or tampering with the operation of the Campaign or entering using fraudulent means, or who the Promoter believes to have acted in breach of these terms and conditions;

   c. disqualify entries from individuals providing creative services to competitors of Promoter; or

   d. disqualify entrants who do not give correct contact details;

   e. disqualify entrants whose entry/ies are being commercially exploited by other parties; or

   f. disqualify entrants who otherwise violate any provision of these rules or any national, federal, state or local law, regulation, or ordinance.

OFFER

Absolut Vodka, paper cups, straws and a Made for Mixing drinking guide.

Selection Phase: The selection phase is open for three (3) weeks at 00:01 Greenwich Mean Time +1 June [.], 2022 and closes at 23:59 Greenwich Mean Time +1 on July [.], 2022. Promoter’s computer is the official clock for the Campaign.

The selection will be done by a creative director who work with a reputable creative agency (independent of the Promoter).

Selection Criteria.  The event must have bonding activity that is guaranteed to bring guests closer together, i.e., get to know each other better. The post for the event or party must tag AbsoluteNG and use the hashtag, #MadeForMixing.

Once the event has been selected, the entrant will be notified via email or through Social Media Platform and Absolut Vodka Nigeria will attend the event to support the event with the Offer.

Execution/Amplification Phase: The execution/amplification phase is open for four (4) weeks at 00:01 Greenwich Mean Time +1 July [.], 2022 and closes at 23:59 Greenwich Mean Time +1 on August [.], 2022. Promoter’s computer is the official clock for the Campaign.

INTELLECTUAL PROPERTY 

1. Licence to Intellectual Property rights in entries: All entrants (and their licensors) retain the copyrights and all intellectual property rights in their entries. Except where prohibited or otherwise restricted by law, by entering the Campaign, and in consideration of its participation in the Campaign, each entrant grants the Promoter a worldwide, perpetual, irrevocable, exclusive, transferable, royalty free and sub-licensable right and licence to use reproduce, modify, adapt, publish or display (in whole or in part) any intellectual property contained in the content of their entry, without royalty, payment or other compensation, as part of the marketing or promotion of the Campaign (including featuring the entry on its Website) in any medium and in all channels without any temporary or special limit. This licence shall include the right to create derivative works from the entries and the right, at the Promoter's sole discretion, to add additional logos, taglines and/or the Promoter's intellectual property on the artwork for the promotion of the Campaign. To the fullest extent permitted by local law, each entrant agrees not to assert any moral rights in relation to the use above and warrants that they have full authority to grant such rights. The Promoter affirms that if an entry is included on its website or is used as part of the marketing or promotion of the Campaign, it will where practicable be properly attributed to the submitting entrant.  Each participant agrees to sign any and all documents as may be needed under applicable laws to enforce this license.
2. Licence to use the Promoter's Intellectual Property: No licence or rights is granted to any entrant to use any intellectual property rights of the Promoter for any purpose other than in relation to participation in the Campaign, namely the inclusion of the Promoter's intellectual property in the post in the Social Media Platform. Entrants are permitted to share their entry on social media, provided they clearly, prominently and conspicuously disclose that it is their entry to the Campaign or tag AbsolutNG and include the hashtag #MadeForMixing. In no event shall the permission of the Promoter to share an entrant’s entry be considered appointment to promote the Promoter's brands.
3. Similar entries/campaigns: Entrants acknowledge that other entrants may submit entries that may be similar to their own, and that the Promoter may inadvertently develop campaigns in the future which may be similar, and that they will not be entitled to any compensation or right to negotiate with the Promoter over such matters.

GENERAL

1. This Campaign is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, YouTube or any other social media platform.
2. The Campaign may be promoted by the Promoter on social media and digital platforms namely Facebook, Instagram, Twitter, Youtube, Deezer amongst others.
3. Disclaimer/Limitation of Liability and Release. To the fullest extent permitted by law, by participating in this Campaign, each entrant agrees to release, discharge and hold harmless the Promoter, its parents, affiliates and subsidiaries, Facebook, Instagram, Twitter, YouTube, the judge, its advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Campaign or any Campaign-related activity, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Campaign, including, without limitation, errors or difficulties which may occur in connection with the administration of the Campaign, the processing or judging of entries, the offer, or in any Campaign -related materials.  THE RELEASE DOES NOT APPLY TO PERSONAL INJURIES, DEATH, DAMAGES, OR LOSSES CAUSED BY RELEASED PARTIES’ INTENTIONAL OR GROSS NEGLIGENCE, MALICE, OR FRAUDULENT REPRESENTATION. 
4. The Promoter takes no responsibility for entries that are delayed, incomplete or lost due to technical reasons or otherwise. The Promoter will not be responsible for the non-inclusion of entries, including any such failure which is within the control of The Promoter.
5. To the fullest extent permitted by law, and subject to any required legal approvals, the Promoter reserves the right in its absolute discretion to add additional terms or to waive any of these terms and conditions, or to suspend or cancel the Campaign at any stage, in the event fraud, technical failures, or of circumstances that are unforeseen or beyond its reasonable control (including suspected or actual fraudulent or misleading practices or other breaches of these terms and conditions).
6. Any decision of the Promoter in respect of the Campaign is final in all promotional matters. 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.
7. These terms and conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
8. Except where prohibited by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Campaign shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Campaign, but in no event attorneys’ fees; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives (in consideration of his/her participation in the Campaign) all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased.
9. The laws of Federal Republic of Nigeria will apply to this Campaign, and the Nigerian courts shall have exclusive jurisdiction over any proceedings in connection with this Campaign.
10. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable, then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.
11. Data Protection: Any personal data provided by entrants to the Promoter (including name, country of residence, email, address, date of birth or any other data shared with the Promoter and third parties involved in the administration of this Campaign as part of their entry or otherwise) is required for the administration, management and fulfilment of this Campaign. To exemplify, personal data is needed for purposes such as communicating with the entrants. Personal data of the entrants will be kept until the Campaign is fully administered, but in any event, no longer than six (6) months after the Campaign has ended. Entrants have the right to access, withdraw, and correct their personal data and under certain circumstances to oppose the collection or processing of personal data, and request the status of Promoter’s use or sharing of personal data. Entrants may request such action by contacting Promoter privacy@absolut.com. All personal data submitted by the entrants is subject to and will be treated in a manner consistent with these Terms and as described in Promoter’s Privacy Policy and the Nigeria Data Protection Regulation, 2019. The Promoter’s Privacy Policy can be found here: https://www.absolut.com/ng/legal/privacy-policy/.