Social Media Giveaway Terms & Conditions

(THE “PROMOTION”)

1. The Promoter

Well Black Spirits, LLC, a company registered in the United States, whose office is at 1460 Broadway, New York, NY 10036 (the “Promoter” or “We”)

2. The Promotion & Prize

2.1. Like the competition post and follow @blackwellrum, as well as either @charbonnel1875 or @charbonnel.usa brand IG accounts. Tag a friend in the comments on the competition post on @blackwelrum. One tag equates to one entry in the prize draw. The more tags, the more entries with increased chances of winning. BONUS - share the competition post on your IG Feed, tagging @blackwellrum and either @charbonnel1875 or @charbonnel.usa with hashtag #blackwellxcharbonnel007, for an equivalent of 10 entries into the prize draw. Up to five lucky people will then be selected at random amongst the total number of entries, to win a prize (5 available). One prize limit person. There are up to five prizes in total. Each prize consists of 1 x set of C&W 007 James Bond – Cinematic 7 Piece Milk Chocolate Mini Bars; 1 x box of C&W Dark Chocolate Martini 007 Truffles; 1 x box of C&W Blackwell Rum Chocolate Truffles; 1 x bottle of Limited Edition 007 Blackwell Rum.

2.2.   Prizes are subject to availability and only available to those over the legal drinking age limit in the territory in which they reside. There is no cash alternative for the Prize and the Promoter reserves the right to substitute the prize with a prize of equal or greater value.

2.3.   It is the responsibility of the winning entrant to ensure that they are available to receive the prize at the address they provide.

2.4.   The Promoter is not responsible for any additional costs and/or expenses in relation to the Prize (without limitation), other than any specifically listed as part of the Prize above and for the specified periods of time (where applicable).

2.5.   The winning entrant shall not, while using the Prize, display or publicize any political slogans or homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and overt brand sponsorship or anything else deemed to be ambush marketing, or content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights (including intellectual property rights).

3. How To Enter

3.1.  The Promotion will run from Feb 16 to Feb 23 23:59 PST (“Closing Date”). Entries made before or after these dates and times shall not be eligible.

3.2.  To enter the Promotion: Like the competition post and follow the specific accounts in 2.1; Tag a friend in the comments on the competition post as stated in 2.1; Receive bonus entries by share the competition post as outlined in 2.1. The Promotion is free to enter, no purchase is necessary.

3.3.   The Promoter will not accept responsibility for entries that are incomplete, or lost, regardless of cause, including, for example as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.

3.4.   By entering, all participants will be deemed to have read, accepted and be bound by these terms and conditions, any other requirements set out in the promotional material for the Promotion (in the event of a conflict, the requirements set out in the promotional material will take precedence), as well as all applicable laws and regulations, including without limitation those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

4. Eligibility

4.1. You must be aged 18 or over to enter the Promotion in the UK and 21 or over in other territories. Proof of age with a valid form of ID, such as a driver’s licence or passport, will be required to claim the prize.

4.2. Due to shipping and distribution logistics, this promotion is open to residents of the United Kingdom, United States, Canada, France, Czech Republic, Belgium, Italy, Germany, Austria, The Netherlands, Denmark and Sweden only.

4.3. Due to restrictions in some countries, this Promotion is only open to entrants located in one of the Participating Countries. Proof of residence may be required in order to redeem the Prize. Any entries from a country outside the Participating Countries will be void.

4.4. The following groups are excluded from participating:

(a) employees of the Promoter and its associated companies or group companies;

(b) anyone professionally associated with the Promotion, including employees of Blackwell Rum stockists and retailers in the Participating Countries; or

(c) members of the immediate families or households of (a) to (b) above.

4.5. Multiple entries will be counted.

4.6. In entering the Promotion, entrants confirm that they are eligible to do so and eligible to claim the Prize. The Promoter may require entrants to provide proof of such eligibility. By entering the Promotion, all participants warrant that all information submitted by them is true and accurate.

4.7. The Promoter reserves the right at its sole discretion to disqualify from further participation in the Promotion any individual it has reason to believe is tampering with the operation of the Promotion, or to be acting in any manner deemed by the Promoter to be in violation of these terms and conditions, relevant laws and/or regulations and/or third party rights.

4.8. If the Promoter subsequently discovers the winning entrant is ineligible, has breached these terms and conditions or is suspected of engaging in any other foul play or unethical conduct, then the Promoter reserves the right (at its absolute discretion) not to award the prize to that entrant and award the prize to another entrant who will be selected at random. In that event the original winning entrant agrees to return the prize (at his/her expense) immediately to the Promoter. No alternative prize will be awarded to the original winning entrant.

4.9. Entries cannot be returned.

5. Winner announcement

5.1. The winner will be selected at random

5.2. The winner will be contacted via direct message at the end of February 2022, after the giveaway closes.

5.3. The Promoter will not amend any contact information once the entry form has been submitted.

5.4. The Promoter will send the name and county of the winner to anyone who writes within one month after the Closing Date of the Promotion requesting details of the winner and who encloses a self-addressed envelope to the address set out in Condition 1.

6. Claiming the Prize

6.1. The Promoter will make all reasonable efforts to contact the winners. If the winner cannot be contacted or is not available, or has not claimed their prize within 7 days of the direct message, the Promoter reserves the right to offer the Prize to the next eligible entrant selected from the correct entries that were received before the end of the Promotion Period.

6.2. The Prize may not be claimed by a third party on the entrant’s behalf. The Promoter does not accept any responsibility if the entrant is not able to take up the Prize.

6.3. The Promoter does not accept any responsibility if the entrant is not able to take up the Prize.

6.4. The Prize will be dispatched to the postal address supplied by the winning entrant via courier within 28 days of the correspondence. The Promoter accepts no responsibility for the prize being lost or delayed in the post.

7. Limitation of Liability

7.1. The Promoter is not responsible for any damage or loss suffered by any entrant where such damage or loss was not at the time the entry into the Promotion made a reasonably foreseeable consequence of a breach of these terms and conditions or if the Promotion does not run as planned.

7.2. The Promoter will not be held responsible for the failure to fulfil the obligations of third parties involved in this Promotion, although the Promoter will always endeavour to minimise the effect to the participants of any such failure.

7.3. Nothing in these terms and conditions shall operate to exclude the Promoter’s liability:

(a) for death or personal injury as a result of its negligence;

(b) for fraud; or

(c) further than is permitted by law.

8. Data Protection and Publicity

8.1. By entering the Promotion, entrants acknowledge that the Promoter (and its group companies on its behalf), may process, store, distribute and/or use the information (including personal data) entrants provide in their entry and in the process of entering for the following purposes which are in the Promoter’s legitimate interests under data protection laws:

a. to enable it to administer entrants’ entry including deciding whether it accords with these terms and conditions;

b. to notify entrants if they are the winning entrant;

c. to share with organisations or agents assisting with the conduct of the Promotion and fulfilment of the prize;

d. to announce the winner of the Promotion in any media or press and to respond to others’ enquiries as to who the winner is; or

e. for any other reasonable and related promotional purposes.

8.2. For the purposes of the Promotion, the Promoter will only disclose entrants’ personal data to those of its group companies and third-party service providers who need it for the purposes listed in paragraph 8.1 above.

8.3. The winners agree to participate in all reasonable promotional activity (such as publicity and photography) surrounding the winning of the Prize and redemption of the Prizes, free of charge, and they consent to the Promoter using their name and image in promotional material including on social media.

9. Ownership of Promotion entries and intellectual property right

9.1. Prize winners agree for the Promoter to use, display, publish, transmit, copy, edit, alter, store or re-format entries and make entries available on its website and any other media, whether now known or invented in the future, and in connection with any publicity of the Promotion to the extent permitted by applicable law.

9.2. By submitting their entry, entrants confirm that:

(a)   images and other submissions are original works, are not defamatory and do not infringe third-party rights;

(b)   there are no conflicting agreements in place that restrict usage of these images or other submissions;

(c)   they have consent to use any third-party image in the entry and rights have been waived for that use. If a third party image is of a person under 18, parental or guardian consent must be given;

(d)   they will produce evidence of any required consents at the Promoter’s request, or risk being disqualified from entering the Promotion.

10. General

10.1. The Promoter reserves the right to hold void, suspend, cancel, or amend the Promotion where it becomes necessary to do so without prior notice. The Promoter reserves the right to cancel or amend these terms and conditions at any time without prior notice.

10.2. By entering the Promotion, the entrant indemnifies the Promoter against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by us in consequence of any breach or alleged breach, non-performance or non-observation by the entrant of any agreement, conditions, obligation or warranty on the part of the entrant herein. The entrant hereby waives and releases the Promoter and each of its parent, affiliated, subsidiary and/or related entities and parties from any claim, action or demand arising out of or in connection with the use of the entry.

10.3. Where the Promotion is hosted by a social networking site, the Promotion is in no way sponsored, endorsed, administered by or associated with that social networking site.

10.4. The Promoter shall be entitled to assign the benefit of these terms either in 10hole or in part to any of its subsidiary or associated bodies or successors in title and/or any third party.

10.5. These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.