This document outlines the terms and conditions (the “Terms” or the “Agreement”) to enter the CASA DRAGONES BARTENDER EXCHANGE PROGRAM (the “Competition”), a virtual competition through the social media, digital media and our website, and sponsored by Compañía Casa Dragones de México, S. de R.L. de C.V. (hereinafter referred as “we” or the “Sponsor”), and as a consequence, to participate and compete in the Competition for the chance of proving their skills and talents to win the prizes (the “Prize” or collectively the “Prizes”) as described in the guidelines of the Competition (the “Guidelines”). The Guidelines are posted in the platform of the Competition (the “Platform”) and can be read by clicking in the following link: https://www.dropbox.com/sh/9f1cu8z3cdmah0y/AABEmgy7SXbodXxf2n7nPJ48a?dl=0
We reserve the right to change or modify these Terms from time to time. By entering the Competition and continuing in the Competition after we post any such changes, and whether we notify the competitor (the “Competitor”) or an update is shown in the Platform, the Competitor accepts unconditionally the Terms, as modified.
This Agreement shall begin on the date the Competitor enters the Competition in any way as described in the Guidelines, and shall thereafter be enforceable and remain in full force in accordance with the provisions of this Agreement and during the entire time the Competitor is in the Competition (including the process before or after claiming a Prize) or is in any relationship (legal or any other) with the Sponsor.
It will be considered that a Competitor enters the Competition when the Competitor finishes and sends out to the Sponsor the registration form according to the Guidelines. Furthermore, Competitor undertakes to enter the Competition by receiving the Welcome Kit (as described in the Guidelines), and follow the steps mentioned in the Guidelines. In the event that Competitor doesn’t follow the steps to enter the Competition pursuant to the Guidelines, Competitor undertakes to return any amounts or product(s) given in terms of the Guidelines and in the Welcome Kit.
MATERIALS PROVIDED AND CONTENT CONTROL
Unless otherwise set forth on this Agreement, any non-personal information, communications and/or material the Competitor submits or uploads in connection to the Agreement or to the Competition to the Platform, social media or to any employee, officer or director of the Sponsor by E-mail or personally are on a non-confidential basis, Competitor grants us an exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable right and license to use, reproduce, create derivative works of, distribute, or publicly display any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
Competitor also represents and warrants that any information Competitor sends to the Sponsor (directly or via the Platform or social media) does not violate the rights of others, and that Competitor have full rights and authority to provide or disclosure such information.
The Sponsor will not accept any responsibility for any content, video or material provided to the Sponsor by the Competitor (or on its behalf). Any video, Content or other material is provided to the Sponsor (either directly or via the Platform or social media) at the Sponsor’s risk and the Sponsor shall not be held responsible for any legal issues arising from any video, content or material provided by the Competitor. In the event that the deadline for submission is not explicitly stated on the Agreement or the Guidelines, it is the Competitor’s responsibility to confirm with the Sponsor the deadline for submission of the video, content or material, and therefore be eligible to enter or stay in the Competition . If the video, content or advertising material is not furnished to the Sponsor by the deadline, the Sponsor will not take the Competitor into consideration for the Competition or for any of the Prizes (at any stage).
In the event that Competitor has reached a later stage in the Competition, and therefore is eligible for a Prize from time to time according to the Guidelines, the Competitor by the sole effect of staying in the Competition releases the Sponsor from any obligation or liability in connection with the Prize, pursuant to the Winner Affindavit & Release attached hereto as Appendix “A” which text is understood to be hereby transcribed. Competitor acknowledges and accepts that the Sponsor may request him at any time to sign and deliver the Winner Affindavit & Release, Competitor undertakes to sign and deliver such document to the Sponsor’s attention.
LIMITATION OF LIABILITY
Competitor acknowledges and agrees that in no event will the Sponsor and/or its subsidiaries, affiliates, licensors and/or suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other damages relating to the use, misuse or inability to use any content or materials, therefore, Competitor undertakes to hold the Sponsor and/or its subsidiaries, affiliates, licensors and/or suppliers safe and harmless from any actual and potential, known and unknown, suspected and unsuspected claims, demands, causes of action, liabilities and damages arising from the aforementioned. Whether they may be based on contract, tort, negligence, and strict liability or otherwise and even if we and/or our subsidiaries, affiliates, licensors and/or suppliers have or have been advised of a possibility of damages.
Furthermore, Competitor agrees and acknowledges entering the Competition under its own risk, and that it will be sole responsible for any injury, damage or loss that may occur to Competitor or to any third party during the Competition at any stage (including after being awarded), undertaking to hold the Sponsor and/or its subsidiaries, affiliates, licensors and/or suppliers safe and harmless from any actual and potential, known and unknown, suspected and unsuspected claims, demands, causes of action, liabilities and damages arising from the aforementioned.
Notwithstanding any other provision in contrary, both parties may terminate this Agreement with a 5 (five) day previous written notice to the other party, without any prior judicial declaration. Therefore, the Sponsor may disqualify any Competitor from the Competition, and Competitor may withdraw the Competition at any time (subject to the provisions in this Agreement regarding not entering the Competition after receiving the Welcome Kit).
If Competitor is found guilty of fraud, dishonesty, gross negligence or gross misconduct, any felony, or acts in any manner which in the Sponsor´s reasonable opinion brings or is likely to bring into disrepute or is materially adverse to the interests of Sponsor’s by any reason or any of its group companies, Sponsor shall be entitled to terminate this Agreement immediately and disqualify the Competitor by means of a written notice.
Competitor acknowledges and agrees that it will indemnify and hold harmless the Sponsor and its subsidiaries, successors, assigns, affiliates, licensors and suppliers, together with all of their respective officers, directors, employees and consultants, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees and costs) relating to your use, misuse or inability to use any video content, or materials, or to your violation of this Agreement, any laws, rules or regulations, or any rights of any third parties; and that we reserve the right to exclusively defend and control any such indemnification matters; and that Competitor will fully cooperate with us in any such defenses.
Law and regulatory requirements vary across countries and jurisdictions. These Terms and the Guidelines may not comply with legal requirements of all jurisdictions. Competitor acknowledges and agrees that if Competitor is located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes any video, content, or material provided by Competitor inappropriate or illegal, or subject to consents or permissions that Competitor have not obtained, the Sponsor will not be held responsible or liable under these circumstances.
APPLICABLE LAW AND JURISDICTION
These Terms shall be construed, interpreted and enforced in accordance with the laws of Mexico, and shall be resolved and settled before the competent courts of Mexico City without regard to conflicts of law principles, therefore, the parties waive to any other protection and jurisdiction that might correspond to any of the parties by reason of their present or future domiciles, or by any other reason.
SEVERABILITY AND MISCELLANEOUS
The failure of the Sponsor to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. Competitor acknowledges and agrees that: (i) if any provision of this Agreement is held by any court or other tribunal of competent jurisdiction to be not enforceable, then such provision will be eliminated or limited to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect; (ii) this Agreement along with the Guidelines and any other document located in the Platform or addressed to the Competitor, constitutes the entire agreement between Competitor and the Sponsor relating to the subject matter hereof, and supersedes any and all prior agreements or understandings between Competitor and the Sponsor, whether oral or written, relating to any subject matter of this Agreement; (iii) this Agreement may not be modified, in whole or in part, except by us and as otherwise might be specifically described elsewhere in this Agreement; and (iv) anything contained on or provided through the Platform or by any means that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement.