Terms and Conditions - US
USBG 2021 PERFECTIONISTS COCKTAIL COMPETITION SPONSORED BY PATRÓN
TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
These terms and conditions ("Terms and Conditions") apply to all persons ("Entrants") who enter the Patrón Perfectionists Cocktail Competition 2021 ("Competition"). By entering the Competition, the Entrants agree to be bound by them. The Promoter reserves the right to amend these Terms and Conditions at any time if the terms below change based on any circumstances beyond Promoter's control.
Eligible entrants may enter the Competition by submitting a written description of their original cocktail creation, as further described in these Terms and Conditions. A panel of judges will review the written submissions on an anonymous basis and select a total of Top Thirty (30) Competitors ("Top 30") who will advance to Phase Two. This judging phase will include Consumer and Hospitality Professional Judging. The Consumer Judges will name three (3) finalists and Hospitality Judges will name an additional seven (7) to make up the Top Ten ("U.S. National Finalists"). The U.S. National Finalists will participate in an orientation to prepare them to present a Virtual Demonstration of their original cocktail for the judges. The U.S. National Finalists pre-recorded demonstrations will be compiled and shared via Social Media. One (1) winner ("U.S. National Winner") will be selected to advance to Jalisco, Mexico, and will have the opportunity to compete in the global final competition while there.
1.The promoter is United States Bartenders' Guild, Inc., with offices at 2654 W. Horizon Ridge Parkway, Suite B5, PMB 252, Henderson, Nevada 89052 ("Promoter").
The Promoter is responsible for all administrative aspects of the aspects of the Competition (including determination of winners, prize-giving, technical support, etc.), with the assistance of Bacardi Martini B.V., Weena 505, 3013 AL, Rotterdam, The Netherlands ("Consultant"). Promoter and Consultant are collectively, "the Competition Entities."
2.For questions or comments, the Promoter can be emailed at firstname.lastname@example.org.
ELIGIBILITY AND ENTRY PERIOD
3.This Competition is open to bartenders who are legal residents of the United States and are at least 21 years old.
4.The following may not enter or win a prize: (a) employees of Competition Entities or its agents and their first- and second-degree family members, including but not limited to siblings, children, or cousins, and (b) anyone else who is directly or indirectly professionally connected with the Competition or Competition Entities and their family members.
5.Starting Date: 18.00:00 (PDT) on 23 April 2021.
6.Closing Date: 23.59:59 (-PDT) on 31 May 2021.
7.Any entries received after the Closing Date will not be considered for inclusion into the Competition.
HOW TO ENTER
8.To take part in this Competition, Entrants must visit www.patronperfectionists.com and complete the online registration page
9.Entrants will need to provide the following information when entering the competition via the online registration page:
c)Personal email address
d)Home address, including Post Code
e)Instagram handle (if applicable/optional)
f)Facebook name (if applicable/optional)
g)Twitter handle (if applicable/optional)
h)Bar name (if unemployed last place or if likely to move bar, the expected bar)
i)Job title (or previous role if unemployed or not affiliated to any existing bar)
j)Bar telephone number (as per (h))
k)Bar location/city (as per (h))
l)Primary work address or personal address
m)Entrant's biography (max 150-200 words)
(a to n), above, being "Personal Information")
p)Ingredients of their cocktail, including detailed measurements (drop down menu)
s)Inspiration and explanation of cocktail
t)Taste (drop down menu)
u)Type of cocktail (drop down menu)
v)Occasion (drop down menu)
(o to w), above, being the "Content," and, together with the Personal Information, the "Materials")
11.Once a submission has been completed, Entrants will land on a confirmation page confirming that their submission has been received and that they will be contacted via email after the entry period's closing date if their cocktail is selected as a finalist in a regional or national competition, as applicable. The Promoter reserves the right to reject entries based on incomplete information being provided, inappropriate content / language, or if they otherwise fail to comply with these Terms and Conditions.
LIMITATIONS / RESTRICTIONS ON ENTRY
12.There is a maximum of one (1) entry per bartender.
13.Entrants must not exceed eight (8) ingredients within their cocktail recipe, including garnish, and the ingredients can be selected only from a pre-designated list available on the entry portal.
14.Incomplete entries and entries that do not comply in full with these Terms and Conditions will be disqualified and will not be counted.
15.If a bartender is unable to compete at a national or global final, no other bartender can compete on their behalf/as their replacement.
DRINKS CONTENT STANDARDS FOR ENTRIES
16.Entrant may be permitted to substitute ingredients in the sole discretion of Promoter, if entrant is unable to locally source the ingredients in entrant's recipe at the global competition only.
17.Patrón Tequila must be the dominant spirit ingredient by ml/oz in the recipe. Entrants may use only Silver, Reposado, or Añejo and no other Patrón Tequila product, for example, XO Cafe, Roca, or the Gran range. If using additional spirits, wherever possible, Entrants must use Consultant group's brands.
18.No spirits bottles outside the Consultant group's brands must be visible in pictures or assets submitted for the entry. Tools and equipment required to create the drink should be deemed as those readily available and of reasonable access to any consumer looking to prepare at home in their kitchen. This will be taken into account in the Inspiring and Engaging section of the Scoring Criteria, as specified in Section 31.
19.The content standards set out below ("Content Standards") apply to all Content or other information or materials provided by the Entrant. The Content Standards serve to provide examples and are not meant to be an exhaustive list of the types of Content that are unacceptable for the purposes of the Competition.
20.The Promoter expressly reserves the right to disallow or disqualify (or prevent from passing through the judging stage) any entry which it considers does not comply with these Content Standards or which it considers does not meet normal standards of taste and decency.
21.By entering this Competition, the Entrant hereby warrants that the Entrant has read and understands the Content Standards set out in this Section 21, and that the Content meets the following Content Standards:
a)All Content must be legal and meet normal standards of taste and decency;
b)All Content must meet all applicable requirements relating to advertising and promotions, including the DISCUS Code of Responsible Practices;
c)Drinks and drink names must not encourage, condone, promote or glamorize underage, excessive or irresponsible consumption of alcoholic beverages or drink driving or any behavior considered antisocial, illegal or immoral;
d)Drinks and drink names must not be derogatory or defamatory of any person, entity or institution;
e)Drinks and drink names must not be obscene, offensive, hateful or inflammatory;
f)Drinks and drink names must not promote violence of any kind;
g)Drinks and drink names must not be sexually explicit and any accompanying photographs must not contain any nudity;
h)Drinks and drink names must not harm or attempt to harm anyone, in any way;
i)Drinks and drink names must not be targeted at or be likely to appeal to an audience under the age of 21 years old;
j)Drinks and drink names must not promote discrimination of any kind, including but not limited to discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
k)Drinks and drink names must not be likely to harass, upset, embarrass alarm or annoy any person;
l)Drinks and drink names must not be used to impersonate any person, or to misrepresent the Entrant's identity or their affiliation with another person or entity; and
m)the use of the Content for the Competition must not infringe the intellectual property of any person.
PROMOTER'S USE OF CONTENT
22.By entering the Competition, Entrants grant the Promoter, its affiliated companies and its sub-contractors the irrevocable, sublicensable license to publish and otherwise perpetually use (to the extent provided herein) any and all Materials, Competition entries, photographs, videos, voice recordings and any other media relating to the Competition or the Entrant supplied to, or captured by, the Promoter in connection with the Competition:
a)for the purposes of administering this Competition;
b)for promotional and publicity purposes in in the United States and overseas, without limitation, and without additional review, compensation, or approval from the Entrant; and
d), The Competition Entities shall have the perpetual right and license to use any Competition Information in the same manner and form for which it was used before the 5th anniversary of the starting date of the Competition (e.g., if a particular recipe was published on a website by the Competition Entities before the 5th anniversary of the starting date of the Competition, the Competition Entities shall have the perpetual license to use that particular recipe on websites, but not in other formats).
23.Entrants hereby agree to do such other things and execute such other documents as are reasonably requested in order to allow the Promoter to make such use of the Materials and to give effect to these Terms and Conditions. A winner may be asked to take part in reasonable publicity and public relations activity in connection with the Competition.
24.To the extent permitted by law, Entrants hereby waive in favor of the Promoter, and agree not to assert, any moral rights (or similar rights worldwide) in, and in connection with, their Materials.
WINNER SELECTION AND NOTIFICATION
25.Winners will be selected to go through to the national final by a panel of local judges. The registration platform www.patronperfectionists.com will generate a PDF document detailing the Entrant's cocktail. All entries will be presented to the judging panel with no indication of the applicant's name, age, gender, racial/ethnic background, or workplace. The panel of local judges will score the entries and select the Top 30 finalists, based on the criteria set forth below.
26.Selection process for each International Final:
a.Consumers will have the opportunity to vote from any country once a day from and for any specific participating competitor in one of the participating countries via www.patronperfectionists.com. In order to qualify to vote those consumers will need to register their email and validate it, as well as confirm that they are above the legal age for purchasing and consuming alcoholic beverages ("LDA").
b.Information about the scoring criteria will be shared on the link for consumers to reference and prior consumption is not a prerequisite to being able to vote. It is a requirement, as specified in the registering details on www.patronperfectionists.com that all voting consumers are of LDA in their country. The three competitors at the time of the voting deadline who received the highest number of votes from voting consumers will each secure automatic places in each individual International final.
c.Up to 7 more competitors will be selected from the remaining 27 and this will be adjudicated by the same panel of local judges. Therefore, a maximum of 10 competitors will be invited to compete in the next stage of the competition.
Winning entries will be those which achieve the highest score in the opinion and discretion of the local judging panel, based on scoring criteria involving the drink's Appearance, Originality, Inspiration & Engagement, and Flavor. Flavor judged on inspiration and story behind the drink and assumed flavor profile based on the ingredients and image.)
27.Entrants who have been successful in progressing to the national final will be sent an email providing with details of the date and times of the national final. Entrants who have been unsuccessful will be sent an email to explain they have not got through and thanked for their entry. Successful Entrants should ensure they check their spam/bulk/junk folders for notification as they will need to confirm via email or telephone to their local competition contact person that they can attend and compete within seven (7) days of the email being sent. If Entrants cannot be contacted or fail to confirm their attendance, they will lose their chance to compete at the national/global final. Proof of age, identity and eligibility may be required in order to compete.
28.Ten (10) Entrants will be invited to compete in a virtual national event, which is tentatively scheduled to occur in September or October 2021. Entrants will be informed of the exact date, time and details of the event, when they are contacted.
29.Each competitor who is invited to compete at the national event will need to submit a video of up to eight minutes, recorded in one take with no post edit. The video content needs to take into account the Scoring Criteria, with particular importance on the need to show and teach the judges how to make the drink within those eight minutes. Videos must comply with the Content Standard requirements and may not: (a) be targeted to people under LDA; (b) feature anyone other than the Entrant; (c) encourage, condone, promote, or glamorize under-age, excessive, or irresponsible consumption of alcohol products, drunk driving, or any behavior considered to be anti-social, illegal, or immoral or suggest that the consumption of beverage alcohol will lead to social or sexual success; (d) include any music; (e) prominently feature any third-party trademarks or logos; (f) violate anyone else's rights, including their copyrights, trademark rights, or rights of privacy or publicity; or (g) reflect poorly on Competition Entities.
30.All entrants must be able to present in English and submit all video content in English for the Virtual International Finals. There will be no translators provided or allowed during the competitions.
31.Entrants will be judged on the same scoring criteria as in Section 26. Each category carries a maximum score of 15 with the exception of 'Flavor' and 'Inspiration & Engagement' which are scored up to a maximum of 40 and 30 respectively. The total achievable score is 100. The cocktail that receives the highest score will be declared the winner. There will always be a judging panel of at least three judges for each virtual national and in-person global final.
32.Entrants will find out at the national or global final if they are through to the next competition or if they have won.
33.Promoter's and judges' decisions are final and binding in all respects on all Entrants and no correspondence will be entered into.
34.One (1) national winner will advance to the final competition to be held at Hacienda Patrón in Jalisco, Mexico. The prize comprises economy class roundtrip air travel to Mexico (based on departure from the major airport hub closest to the National Finalist's place of residence, or at the Promoter's discretion)to arrive on or before 17 January 2022 and departing on or after 22 January 2022, which is subject to change, costs of public transport to and from the designated departure city before and after the flight, the cost of transportation to and from the Patrón Hacienda to the airport in Guadalajara, accommodation, breakfast, lunch and dinner, as applicable while in Mexico. All other costs, including travel insurance, food and drink outside of the main trip events and meals are the sole responsibility of the winner. The approximate retail value of the trip is $3,000 USD. The actual value of the trip will vary depending on various factors, including the date of booking, the point of departure, and the dates of travel.
35.It is the U.S. National Winner's responsibility to ensure he/she has a valid passport and visa, travel documents and vaccinations in order to be able to take up the prize. The prize does not guarantee issuing of visas to the winner. The prize trip must be taken on the dates organized by the Promoter. Rearranging the dates due to the winner being unavailable for any reason will not be possible.
36.The prizes do not include any personal expenditure, any incidental costs or any amount other than those specifically included in Section 34. It is the personal responsibility of each winner to notify local fiscal authorities of the country of his/her residence on the nomination and / or receipt of any prize hereunder as well as to pay all applicable taxes.
37.The Promoter reserves the right to substitute the prizes (or any part thereof) for a prize or prizes of equivalent or greater monetary value if this is necessary for reasons beyond its reasonable control. There is no cash alternative to the prizes (or any part thereof) and unless the Promoter agrees otherwise in writing the prizes are non-refundable and non-transferable.
38.Details of winners' names and country will be available for one (1) month after the Closing Date by writing to the Promoter at the contact details above and stating the name and date of the Competition.
39.The U.S. National Winner will be invited to compete against the national winners from other participating countries in a semi-final event at the Hacienda Patrón in Jalisco, Mexico to become the global winner. Winners will create and present the same cocktail as they initially entered at the global semi-final. The winners will need to present in English at the global semi-final. If a winner is unable to present in English, he/she will not be able to compete at the global semi-final.
40.References to the "Competition Entities" in this Liability section include all of the Competition Entities' associated companies, agents or any other third-party involved in the Competition.
41.The Competition Entities will not be responsible for (and will have no liability in connection with) the following occurrences, to the extent that they occur for reasons beyond the Competition Entities' reasonable control:
a)Any postponement or cancellation of the Competition;
b)Any changes to the prizes or the way in which they can be used; and
c)Problems with the dispatch of prizes (such as a prize failing to reach the intended recipient)
42.Without limiting the generality of the previous section, Competition Entities' shall not be held liable for any failure or delay in fulfilling any obligations in these Terms and Conditions, if such failure or delay is due to circumstances beyond Competition Entities' Promoter's reasonable control, including, but not limited to, if Competition Entities determine, in their sole discretion, that it is advisable to cancel or postpone any scheduled event (or prize) in an effort to prevent the spread of COVID-19 or any other communicable illness.
43.The Competition Entities do not accept responsibility for network, computer, hardware or software failures of any kind, which may affect the sending, receipt or processing of an entry or for entries lost, damaged, delayed or unreadable, including loss of entries through technical fault or transmission delays.
44.If the Promoter has grounds to suspect any Entrant or third party of cheating, deception or fraudulent or unsportsmanlike conduct of any kind (including, without limitation, manipulating the Competition, choice of prize winner(s) or any entry (or establishing multiple registrations in order to gain multiple entries where the number of entries is limited) the Promoter reserves the right (in its sole discretion) to disqualify any Entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity.
45.As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release the Competition Entities, and each of their affiliates, parent corporations, subsidiaries, retailers, sales representatives, distributors and advertising and promotional agencies, and each of their officers, directors, employees and agents ("Promotional Parties"), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or use of the Competition submission as specified herein; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, any punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Competition, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.
46.The U.S. National Winner should be in good health and appropriately fit for travel and waives any claim they may have against the Promoter for any safety or health issue or problem they may have during travel.
47.The Promoter shall not be liable under these Terms and Conditions, whether in contract, tort (including negligence) for breach of statutory duty or otherwise:
a)for any loss of profit, saving, business or economic loss (in each case whether direct or indirect); or
b)for any indirect, special or consequential loss.
PERSONAL DETAILS AND PUBLICITY
48.As set out in Section 10, the Entrant must accept the Competition Entities' Privacy Policies ("Marketing and, and also has to agree to the Marketing Statement on the Registration Page.
49.Promoter reserves the right (at any point and in its sole discretion) to conduct a background check and to disqualify any individual if, based on the results of the background check – or on an individual's other actions or statements – Promoter concludes that the individual will not be a good representative for the Competition Entities.
COMPETITION ENTITIES' INTELLECTUAL PROPERTY
50.All Promoter intellectual property and database rights, in any press, online or offline articles or videos featuring the Promoter products, the materials published on them, excluding so-called "user-generated content," but, including, without limitation, trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) ("Promoter Tools") are owned by Promoter (or its respective subsidiaries, affiliates, agents or partners). All Consultant intellectual property and database rights, in any press, online or offline articles or videos featuring Consultant products, the materials published on them, excluding so-called "user-generated content," but, including, without limitation, trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) ("Consultant Tools") are owned by Consultant (or its respective subsidiaries, affiliates, agents or partners).
51.The Promoter Intellectual Property and Consultant Intellectual Property are protected by intellectual property laws and treaties around the world.
52.All rights are reserved and it is strictly prohibited to remove any copyright or other proprietary notices from any Promoter Intellectual Property or Consultant Intellectual Property.
53.The entrant grants to the Competition Entities an exclusive license to use the Content, and entrant agrees not to use, nor to permit any third-party or entity to use, the Content to promote a cocktail using a brand of distilled spirits other than Patrón.
54.Entrants hereby agree to do such other things and execute such other documents as are reasonably requested in order to allow the Competition Entities to make such use of their Content and Personal Information.
55.The Terms and Conditions and the Competition, and any dispute or claim arising out of or in connection with them (including the prizes under the Competition), shall be governed by and construed in accordance with the laws of the United States and of the State of Nevada and Entrants irrevocably agree that the federal or state courts of Nevada shall have exclusive jurisdiction to settle any such dispute or claim.