Terms and Conditions
Whyte and Mackay Limited
310 St. Vincent Street
Glasgow G2 5RG
VAT Registration Number:
Company Registration Number:
This legal notice applies to the entire contents of this World Wide Web site (the “Site”) and to any correspondence by e-mail between us (collectively “Electronic Media”).
The use and access of this Site is subject to the terms and conditions set out below (“Terms”). Please read these Terms before using or accessing the Site.
By using or accessing the Site or any part thereof you agree to be bound by the Terms.
By clicking the “Yes” option, you are stating that you have read, understand and agree to all the terms in this notice.
The phrase “Intellectual Property” means all copyright, know-how, confidential information, technical information, trade secrets, business names, trademarks, service marks, business or trade names, patents, utility models, design rights (whether registrable or otherwise), semi-conductor topography rights, database rights, all rights in the nature of unfair competition rights or rights to sue for passing-off and any other intellectual property rights whether registered or unregistered or any application therefor subsisting anywhere in the world from time to time or any other property.
Unless stated otherwise, all product names, information, designs, logos, titles, text, images, audio, video, software or other content (“Content”) within the Electronic Media are the Intellectual Property of Whyte and Mackay Limited, its affiliates or its licensors and any relevant trade marks used are the property of the respective owners.
Subject to the “Use of the Electronic Media” section below, nothing contained within the Electronic Media should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any of Whyte and Mackay Limited’s Intellectual Property displayed on the Electronic Media without the prior written permission of Whyte and Mackay Limited.
USE OF THE ELECTRONIC MEDIA
Whyte and Mackay Limited maintains the Electronic Media for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download Content on the Electronic Media for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the Content. You may not, however distribute, modify, transmit, re-use, re-post or use any or all of the Content for public or commercial purposes without Whyte and Mackay Limited’s prior written permission. Changes periodically are made to the content on this Site without notice.
Any unauthorised downloading, re-transmission or other copying or modification of any of the Content may be in breach of statutory or common law rights which could be the subject of legal action.
Whyte and Mackay Limited disclaim all liability which may result from any unauthorised reproduction or use of the information of the Site. All rights not expressly granted are reserved by Whyte and Mackay Limited.
LIMITATION OF LIABILITY
Whyte and Mackay Limited is providing the Electronic Media to you free of charge and on an “as is” and “as available” basis. Whyte and Mackay Limited does not provide any warranties in connection with the Electronic Media. Accordingly, to the maximum extent Whyte and Mackay Limited is permitted by law, Whyte and Mackay Limited provides you with the Electronic Media on the basis that Whyte and Mackay Limited excludes all representations (except fraudulent representations), warranties, conditions and other terms (including without limitation the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this notice would have effect in relation to the Electronic Media. Whyte and Mackay Limited also excludes all responsibility for any amount or kind of loss or damage that may result to you or a third party as a result of providing the Electronic Media, including but not limited to loss or damage due to viruses of whatsoever nature that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any Content from the Electronic Media or any sites linked to the Site.
Whyte and Mackay makes no warranty that (1) the Site will meet your requirements; (2) the Site will be uninterrupted, timely, secure or error free; or (3) any information that may be obtained from the use of the Site will be accurate or reliable.
Whyte and Mackay Limited, any other party (whether or not involved in creating, producing, maintaining or delivering the Electronic Media), and any of Whyte and Mackay Limited’s holding companies, subsidiaries or affiliated companies (“Affiliates”) and the offices, directors, employees, shareholders or agents of any of them shall not be liable in connection with the Electronic Media in any way (or in connection with the use of, performance of, or your browsing in, or your links to, other sites from the Electronic Media), for any loss or damages of any kind howsoever arising, including without limitation, any direct, indirect, punitive or consequential loss or damages or any loss of income, profits, goodwill, data, contracts and whether or not advised of the possibility of such damages and whether in tort (or delict) (including negligence), contract or otherwise.
However, nothing in this legal notice shall exclude or limit Whyte and Mackay Limited’s liability for fraud or for death or personal injury caused by its negligence.
UNAFFILIATED PRODUCTS AND WEBSITES
Descriptions of, or references to, third party products, publications or third party websites not owned by Whyte and Mackay Limited or its Affiliates do not imply any form of endorsement of that third party product, publication or website. Whyte and Mackay Limited has not reviewed the Content on websites other than the Site and is not responsible for it. Whyte and Mackay Limited disclaims responsibility for all representations made or implied in relation to products, publications or websites not owned or wholly controlled by Whyte and Mackay Limited. Your linking to any third party website is at your own risk and you acknowledge and agree that Whyte and Mackay Limited shall not be responsible or liable, directly or indirectly for any damage or loss caused by or in connection with use of or reliance on any material displayed on a third party website not under Whyte and Mackay Limited’s ownership or complete control.
The Content displayed on the Site including any information regarding the price or availability of products and/or services available via any third party website is believed to be reliable when displayed but Whyte and Mackay Limited can not guarantee that such Content will be accurate, complete and current at all times.
COMMUNICATION VIA THE ELECTRONIC MEDIA
You shall not post or transmit any statement, material or content that is unlawful, obscene, indecent, libellous, pornographic, seditious, offensive, defamatory, threatening, abusive, liable to incite racial hatred, discriminatory, menacing, threatening, scandalous, blasphemous, in breach of confidence, in breach of privacy or material owned by a third party for which you have not obtained all necessary licences and/or approvals for which may cause annoyance or inconvenience. You also agree that any postings or transmissions you make shall not constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party enforceable in, any part of the United Kingdom, the European Union, the United States or the Commonwealth. You must also not transmit any technically harmful postings or transmissions to or through the Electronic Media (and such shall include but not be limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or engage in other practices of misuse (which shall include but not be limited to hacking). Whyte and Mackay Limited will fully co-operate with any law enforcement authorities or court order requesting or directing Whyte and Mackay Limited to disclose the identity or locate any one posting any such Content.
The Site must not be accessed, monitored or copied by any manual process or by any robot, spider or other automated device.
CONSEQUENCES OF POSTINGS
The communication or Content you transmit via or related to the Electronic Media by e-mail or otherwise, including, but not limited to, any correspondence, data, questions, comments, suggestions is and will be treated as non-confidential and non-proprietary to you. Whyte and Mackay Limited cannot prevent the “harvesting” of information from the Electronic Media, and you may be contacted by Whyte and Mackay Limited or unrelated third parties, by e-mail or otherwise, within or outside of the Electronic Media. Anything you transmit using the Electronic Media becomes the property of Whyte and Mackay Limited and may be edited by or on behalf of Whyte and Mackay Limited, may or may not be published, including but not limited to on the Electronic Media at the sole discretion of Whyte and Mackay Limited information and correspondence you provide and may be used by Whyte and Mackay Limited or its Affiliates for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Whyte and Mackay Limited is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Electronic Media for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products using such information.
Whyte and Mackay Limited is under no obligation to monitor or review any discussion, charts, postings, transmissions, bulletin boards etc (“Postings”) on the Site and you understand and agree Whyte and Mackay Limited is not responsible for, does not control, does not endorse and does not verify the content of any Postings and makes no guarantee regarding the reliability, service, accuracy, legitimacy or quality of any Postings. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of Postings.
Whyte and Mackay Limited assumes no responsibility or liability for any action or communications by you or any unrelated third party within or outside of the Electronic Media.
YOUR GRANT TO WHYTE AND MACKAY LIMITED: ACKNOWLEDGEMENT
By clicking the “Yes” button above, you agree to all of the terms of this Notice and you grant the following to Whyte and Mackay Limited and its respective officers, directors, employees, agents, successors and assignees and anyone authorised by any of them (the “Related Parties”) the following:
1 All rights, title and interest in information and communication you provide on or in connection with the Electronic Media, including without limitation all copyrights, and the exclusive right and licence to sell, use, edit, adapt and/or modify the information and communication in any way.
2 Full permission to use your name, likeness, voice and biographical data, in whole or in part, in any and all media for the purposes of advertising, publicity and trade, and in connection therewith you hereby release them and each of them from all liability.
3 Indemnification and agreement to hold them harmless from any and all losses, damages, costs, expenses, rights, claims, demands and actions which any other party may have against you arising out of your participation in the Site including but not limited to personal injuries, death, disability, property damages, solicitors fees and expenses of litigation and settlement.
CHARGES TO THE TERMS
Whyte and Mackay Limited reserves the right to make changes to any part of the Site and due to its policy of updating and improving the Site Whyte and Mackay Limited may wish to change the Terms. Whyte and Mackay Limited reserve the right to modify these Terms relating to the use of and access to the Site without prior notice. The amended Terms shall become effective immediately upon the posting of the amended Terms on the Site and use of the Site by you on or after any such effective date shall constitute acceptance of such amended Terms.
You agree that Whyte and Mackay Limited, in its sole discretion, may terminate your ability to use the Site, and remove and discard any Content or Postings, for any reason whatsoever, including, without limitation, for infringing these Terms. You agree that any termination of their access to the Site may be immediate and without prior written notice.
The Electronic Media shall be governed by, and your browsing in and use of the Electronic Media, is under and subject to the laws of Scotland and under the exclusive jurisdiction of the Scottish courts. Notwithstanding the foregoing, the Electronic Media may be viewed internationally and may contain products or services not available in all countries or available in some countries only on other terms, including terms as to price. References to a particular product or service do not imply that Whyte and Mackay Limited intend to make such products or services available in such countries.
If any provision of the Terms is found to be invalid the validity of that provision shall not affect the validity of the remaining provisions of the Terms which shall remain in full force and effect.
If Whyte and Mackay Limited fails to exercise any right or remedy available under the Terms such failure does not constitute a waiver of that right or remedy.
The Headings in the Terms are for convenience only and will have no legal meaning or effect.
PERSONALISED VINYL DRINK MATS PROMOTION
1. The promotion is open to residents of Great Britain (England, Scotland and Wales), the Isle of Man and the Channel Islands only. Excluding employees and their immediate families of Whyte & Mackay, their agents, or anyone else professionally connected with the promotion.
2. Participants must be 18 years or over.
3. Promotion opens for applications on 24.03.14. Closing time and date for receipt of applications is 11.59pm on 31.07.2014.
4. The gift is a set of three personalised vinyl drink mats. Each of the three vinyl drink mats can be personalised with the claimant's name and their favourite song artist and song title. Please note the drink mats can not be played on a record player, are not toys and should not be given to children.
5. Consumers can only claim a set of vinyl drink mats by purchasing a promotional 70cl bottle of Whyte & Mackay Special Blended Whisky and entering the unique 10-digit promotional code, located on the back of the promotional neck collar, at whyteandmackay.com. Claimants must complete all required fields on the form online. See information about promotional codes below. A full postal address is required. Postage is included.
6. Claims are limited to one set of three personalised vinyl drink mats per household which will be verified by house number and postcode. If more than one claim is received from the same postal address all additional claims will be disqualified.
7. Any unsuitable personalisation's (in the opinion of the Promoter) will not be processed.
8. Promotional codes can only be found on the following promotional packs:
- Whyte & Mackay Special Blended Scotch Whisky 70cl
9. 10-digit promotional codes can be located on the back of the promotional neck collar.
10. Only valid promotional codes will be accepted. All codes are subject to verification. Codes may not be sold or exchanged. Other manufacturer's references or printing errors do not constitute codes. Each valid promotional code can only be entered once.
Vinyl drink mat sets
11. All drink mat sets will be dispatched within 28 days of completed order.
12. If you are unable to read your promotional code on pack or have any enquires concerning the promotion, please us at email@example.com. Please note that this service is dedicated to responding to queries about this promotion only.
13. Photographs of your personalised vinyl drink mats must not infringe the intellectual property of any third party. This includes the use of third party trademarks, images and/or copyright. By uploading your photographs online, you warrant that they are created by you. Your photographs shall not comprise of anything which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another's privacy, sexually or racially or ethically or religiously insulting, harassing, abusive, profane or otherwise unlawful. All uploads to Whyte and Mackay social media channels will be screened by Whyte & Mackay who reserve the right, at their sole discretion, to remove any photograph from the website which is in breach of this clause.
14. Copyright in all photographs submitted for this campaign remains with the respective owners. However, by submitting the photographs to the campaign, the owner grants a worldwide, non-exclusive, royalty-free licence to Whyte and Mackay Limited to feature, use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any or all of the submitted images in any of their publications, their websites and/or in any promotional material connected to this campaign.
15. If there is any reason to believe that there has been a breach of these Terms and Conditions, the Promoter may, at its sole discretion refuse to accept a claim. The Promoter will be the final arbiter in any decisions and these will be final and binding and no correspondence will be entered into.
16. No cash or other alternative available in whole or in part except owing to circumstances outside the reasonable control of the promoter, the promoter reserves the right to substitute a suitable alternative of equal or greater value.
17. Limitations of liability: insofar as permitted by law, neither the Promoter nor the promotional parties assume any responsibility or liability for:
- Any incorrect or inaccurate code entry, or for any faulty or failed electronic data transmissions.
- Any unauthorised access to, or theft, destruction or alteration of codes at any point in the operation of this promotion.
- Communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this promotion.
- Inaccessibility or unavailability of the internet or the website or any combination thereof.
- Any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the promotion.
- Any damages or injuries due to the misuse of the vinyl drink mats or the user's negligence or misconduct.
18. 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.
Promoter: Whyte and Mackay Ltd, Dalmore House, 310 St Vincent Street, Glasgow, Scotland G2 5RG. Claims should not be sent to this address.
W&M Trip to London Competition
Terms & Conditions:
• Entrants must be aged 18 years and over and be of legal drinking age or over in their country of residence.
• No other offer can be used in conjunction with this offer.
• Whyte & Mackay employees and their families, their affiliated companies, their agents or anyone professionally connected with this promotion are not
entitled to enter.
• Promotion begins 15th Feb 2014 and ends August 30th 2014
• One entry per person, per email address and no multiple entries accepted.
• To enter please mail firstname.lastname@example.org, leave your name and address and we will enter you
in a prize draw to win the trip to London.
• Original Proof of purchase necessary to redeem the prize, no copies of proof will be entertained
• No other entry methods will be accepted
• The Prizes are 2 return tickets to London, economy flights from country of residence to London for two people, plus £1000 spending money. Flights must be
booked within 6 months of notification of winning the prize and travel must be taken by end of December of 2015. Travel is subject to flight availability
and excludes UK and national holidays of the country of the winner.
• All other expenses including accommodation, insurance and visa arrangements to be covered by the winner.
• The winners will be drawn at random from all valid entries and the Promoters decision is final.
• The winner will be contacted by email within 14 days of the draw. All reasonable effort will be made to contact the winner, however, if the winner cannot
be contacted within 14 days an alternative winner may be chosen. The Promoter's decision is final and no correspondence will be entered into.
• The prizes cannot be converted to cash rewards.
• Promoter reserves the right to exclude any entries made using script, brute force or other computer-generated techniques, or not in line with the spirit
of the promotion.
• No cash or other alternatives available to these prizes, except that in the event of circumstances outside of its control the Promoter reserves the right
to substitute similar alternatives of equal or greater value.
• Unless otherwise agreed in writing by the Promoter the prizes will only be available directly to the winners.
• No responsibility accepted for any entries delayed, lost or not included in the draw for any reason whatsoever.
• Entry details will not be passed on to third parties and your personal details will only be used by Whyte and Mackay.
• Winners may be required to take part in publicity.
• Those entering are deemed to have accepted these terms and conditions and will be bound by them
• The Promoter and their agents accept no responsibility for damages, losses or injuries that result from acceptance of the prize.
• Winner’s details available from 15th Sept 2014 by sending SAE to the Promoter.
• Promoter: Whyte and Mackay Ltd, Dalmore House, 310 St Vincent Street, Glasgow, G2 5RG, U.K.