Time Captured Competition Terms and Conditions
1. This competition or contest (the “Competition”), promoted by The Macallan Distillers Limited (“The Macallan” and the “Promoter”), is open to all persons over the legal drinking age in the participant’s country, and excluding employees of The Macallan, Edrington Distillers Limited or Highland Distillers Limited, or any employees of third parties currently engaged by The Edrington Group, and their immediate relations, as well as, distributors and retailers of alcohol beverage products in the United States, and individual who are employees of or members of the immediate family or household of said distributor or retailers. Void where taxed, prohibited or restricted by law.
2. The Competition period commences on April 12 2017 at 00:00 GMT and closes at 23:59 GMT on May 23, 2017 (the “Competition Period”).
3. The Promoter reserves the right to withdraw the Competition and the Prize at any time.
4. Only one entry per person, as represented by name, date of birth, and email address, will be accepted throughout the Competition Period. Entries cannot be amended once submitted. No purchase necessary to enter or win, a purchase will not increase your chances of winning, internet access required. Entries must be submitted via timecaptured.com only. By submitting an entry the “Participant” gives The Macallan permission to confirm entry via email once it has been moderated and appeared on the Time Captured site. Unless consent is given otherwise, email addresses will only be used to confirm entry or to notify the “Winning Participant”.
5. By submitting an entry the “Participant” gives The Macallan permission to repost, repurpose and use their submission submitted image. In particular, Participant grants to The Macallan and its designees, the unconditional and perpetual right and permission to use the entrant's name, statements, and entry/submission, or other material contained in such entry/submission, as submitted or as edited, altered or modified in any way by The Macallan or its designee(s) in its sole discretion, including but not limited to for advertising or any other purposes, without limitation and without additional review, notification, compensation, or approval from the entrant (unless prohibited by law).
6. To enter the competition and be in with a chance of winning the Prize, Participants should drop a pin onto the map using the Time Captured site, and state why they would like to enjoy a glass of The Macallan in this location and with whom.
7. The Macallan’s Global Social Media team shall select one (1) Participant who they select as the winner based on the Participant’s submission of an extraordinary location and a compelling reason (the “Winning Participant”), as determined in the Global Social Media team’s sole discretion. The Winning Participant will be notified by May 30 2017 via email.
No responsibility will be accepted for any entry that is incomplete or does not comply with these Terms and Conditions in any way. In the event of a dispute involving entries submitted by multiple individuals using the same name and email account or address, the entry will be deemed to have been submitted by the authorized subscriber of the email account at the time of entry. The authorized account subscriber/owner is defined as the natural person who is assigned to the email address by the relevant Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address (as applicable).
8. If the Winning Participant does not respond to the email within 48 hours, the Promoter will offer the Prize to an alternative Participant. Once this has been done, the original Winning Participant has no right to claim the Prize.
9. By entering this Competition, all participants will be deemed to have read and understood these Terms and Conditions. In the event of any dispute the decision of the Promoter is final.
Further, by entering Participant agrees to release, defend, indemnify and hold harmless The Macallan, its officers, directors, affiliates, and subsidiaries, from and against any and all claims, demands, expenses, losses and liabilities of any nature whatsoever caused or contributed to by: (i) entering or participating in the Competition (including any claims of third parties alleging infringement, rights of publicity, rights of privacy or defamation or other intellectual property rights); (ii) financial claims; (iii) physical or emotional injury; or (iv) any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.
10. The Prize must be accepted as offered and is not transferable. No cash alternative will be offered in whole or part.
11. The Promoter will not be held liable to any participants or Winning Participants for any fraud committed by any third party nor in an event beyond its control.
12. If there is any reason to believe that there has been a breach of the Terms and Conditions or incorrect, illegible, fraudulent or other invalid or improper information has been provided, the Promoter may at its sole discretion refuse to process an entry or fulfil any Prize award.
13. All entries will be moderated and will only be posted to timecaptured.com once approved. The Promoter has the right to veto any entries containing profanity or which are in any other way deemed to be inappropriate, including but not limited to if not in compliance with applicable industry codes such as the Distilled Spirits Counsel’s Code of Responsible Practices.
14. The Prize
I The prize will include:
two (2) roundtrip flights to the winner’s chosen destination, private return transfers for two (2) and a minimum of 3 nights in an approved high quality hotel based on double occupancy, plus associated activities and excursions, as determined solely by the Promoter (the “Prize Experience”) and
For all non-US residents the prize shall include one The Macallan Masters of Photography: Steven Klein Edition whisky which shall be delivered to the Winning Participant’s home address in advance of or following the Prize Experience.
15. Conditions of the Prize:
I. Prize fulfilment will be made in accordance with the rules and regulations of competitions or sweepstakes and applicable industry codes as they apply to specific countries or regions. For the avoidance of doubt, alcohol is not included in the Prize for participants residing in the United States and the total value of the Prize will not exceed $4999.00 for US residents.
II. The Prize will be awarded “as is” with no warrant or guarantee, either express or implied by The Macallan. The Prize awarded will not exceed the value of £12,500.00 (or $4,999.00 U.S. dollars if the winner is based in the United States) of which a maximum of £1000.00 (or $500.00 US Dollars for US residents) can be used as spending money.
IV. The Winning Participant and their chosen guest will be responsible for their own travel insurance, travel to and from their departure airport and all other personal expenses that are not included in the Prize Experience.
V. The Winning Participant and their guest must both have a valid machine readable passport with minimum 6 month validity beyond the return date of the Prize Experience, with at least 2 unstamped pages and a visa (if applicable).
VI. It will be the Winning Participant and their guest’s responsibility to obtain any required visas and attend any required visa interviews in sufficient time to meet the timescales and requirements required for the destination of travel.
VII. Travel is available for one year after the Winning Participant has been notified (subject to availability) but excludes Christmas and New Year (19th December 2017 – 7th January 2018), and national public holidays and once booked cannot be amended.
VIII. The Winning Participant must provide 6 weeks’ notice of their preferred departure date.
IX. No cash alternative is available, the Prize is non-transferable and non-refundable. Any and all taxes on the Prize, and any other costs, fees and expenses not explicitly stated herein as being awarded, are the sole responsibility of the Winning Participant. The Macallan reserves the right to conduct a background check, including but not limited to criminal history on Winning Participant and his/her guests. To the extent required by law, Winning Participant and his/her guest authorize this check. Neither The Macallan nor its parents, affiliates or subsidiaries accept liability or damages for any injury, illness or damage caused to Winning Participant, guests, or the consequence of any actions taken by Winning Participant, guests, or injury to the Winning Participant or guests when receiving the Prize or during the Prize trip.
X. All travel bookings are at the discretion of The Black Tomato Agency (“Black Tomato”). All activities and elements of the Prize must be booked through Black Tomato. The Winning Participant does not have the right to source the same holiday at a cheaper cost from another provider and claim the difference in monies saved as a form of income.
XI. Any guest of the Winning Participant must be of legal drinking age both in their country of residence and in the destination selected as part of the Prize Experience.
XII. Terms and Conditions of the carriers and any third party providers used will apply and must be accepted by Winning Participant and guests to receive Prize.
XIII. All elements of the Prize will be subject to availability. Although the Prize provider will make best efforts to make all requested bookings and reservations, we are unable to provide tickets to sold out events, flights, restaurants, specific hotel rooms and any other elements that are unavailable at the time of booking.
XIV. Should requests be unavailable at the time of booking a suitable alternative of similar value will be sourced.
XV. Any spending money will be sent in one of the two following forms: A) BACS transfer paid into the winner’s account only in advance of the Winning Participant departing, B) A Pre-Paid Currency Card with the full amount of spending money in local currency loaded in advance of the Winning Participant departing.
XVI. No alcohol is to be consumed prior to or directly following any adventurous or high risk activities. A manager or tour guide of the activity is within his/her rights to cancel the activity should they feel the Winning Participant is unfit to participate. The manager or tour guide’s decision is final and there will be no refund on the activity should they feel it necessary to halt the activity. For the avoidance of doubt, alcohol is not included in the Prize for residents of the United States.
XVII. All activities are subject to the Terms & Conditions of the third party provider providing the activity. Specific rules, regulations and restrictions may apply and it is up to the Winning Participant to confirm the booking the day before and to adhere to the specific Terms & Conditions (such as adverse weather conditions or weight, height and age limits.).
XVIII. It is the Winning Participant’s responsibility to inform restaurants, spas and activity suppliers in advance of any pre-existing medical conditions, pregnancy, allergies or any other dietary requirements.