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Privacy Policy

26 MARCH 2020

This Privacy Policy, which is effective as of 26 March 2020, amends the prior version which was effective as of [25th May 2018]. We have added a new section 1.4 [5], and 9 for Californian residents to this Privacy Policy. We have also clarified our processing practices around data sharing with third party controllers for marketing and advertising purposes in section 1.1 for Digital visitors.

Please read carefully before using this site.

Contents
  1. HOW WE HANDLE YOUR DATA
    1. IF YOU ARE A DIGITAL VISITOR
    2. IF YOU ARE OUR BUSINESS PARTNER
    3. IF YOU ARE A VISITOR TO OUR PREMISES
    4. IF YOU ARE A CALIFORNIAN RESIDENT
  2. SHARING OF YOUR INFORMATION
    1. OUR AFFILIATES
    2. THIRD PARTY RECIPIENTS
    3. SERVICE PROVIDERS THAT WE MAY INVOLVE FOR THE PURPOSES DESCRIBED IN ABOVE SECTIONS
    4. LAW ENFORCEMENT OR GOVERNMENT BODIES
  3. TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA AND THE UK (EEA)
  4. YOUR RIGHTS
  5. VARIATIONS
  6. CHILDREN
  7. RETENTION PERIOD
  8. INFORMATION ABOUT US
  9. CONTACT DETAILS

We are committed to protecting and respecting your privacy. Please read the following carefully to understand our practices regarding your personal data and how we will treat it. If you are a California Resident, specific sections (1.4, [5] and 9) apply to you, in addition to other clauses outlined in this Privacy Notice.

1. HOW WE HANDLE YOUR DATA

This section covers the sources and categories of personal data that we collect and process, why we do so, and the lawful bases for such processing.

This Privacy Policy covers the processing of the following categories of individuals:

  • Section 1.1 Our Digital visitors
  • Section 1.2 Our Business Partners (this section covers existing and prospective customers, business partners and suppliers collectively called Business Partners. Where these are legal entities, this covers their employees or representatives)
  • Section 1.3 Visitors to our premises
  • Section 1.4 Californian Residents
1.1. IF YOU ARE A DIGITAL VISITOR

A – Sources of personal data

B – Personal data that we collect and process

C – Why do we collect your personal data and what are our lawful bases for it?

A. SOURCES OF PERSONAL DATA

We may obtain your personal data from the following sources:

  1. from you directly (for example, at the time of subscribing to any services offered on a website, mobile applications, events, interactive kiosks or social media including but not limited to email mailing lists, interactive services, posting material or requesting further goods or services);
  2. from your device or browser; and/or
  3. if you contact us, we may keep a record of that communication.
B. PERSONAL DATA THAT WE MAY COLLECT AND PROCESS
  1. name
  2. username
  3. address
  4. date of birth
  5. email address
  6. operating system
  7. browser type
  8. cookie data (for more information please see our Cookie Policy – linked below)
  9. preferences regarding online marketing and tracking
  10. IP address
  11. Location
  12. Information you submit to us when you contact us posting material or requesting our service
  13. Responses you provide as part of our surveys, competitions, games and other interactive services; and/or
  14. Product orders, event invitations sent, and tickets bought
  15. Behavioural information from online, web, apps, email and social media, if we have your permission to do so.
C. WHY DO WE COLLECT YOUR PERSONAL DATA AND WHAT ARE OUR LAWFUL BASES FOR IT?

In the table below, we explain what specific business interests we pursue when processing your personal data and the lawful bases we rely on.

WE MAY USE YOUR PERSONAL DATA TO WHAT ARE OUR LEGAL BASIS FOR PROCESSING YOUR DATA
Provide our digital services to you Our legitimate interest: Website and Application Management
Account Management
Establish and manage our relationship Our legitimate interest: Understand the market in which we operate
Management Reporting (including at an intra-group level)
Account Management
Learn about our digital users’ browsing patterns and the performance of our digital services Our legitimate interest or your consent*: Website & Application Management
Understand the market in which we operate
Security Our legitimate interest: Managing security, risk and crime prevention
Management Reporting (including at an intra-group level)
Let you know about our products, services and events that may be of interest to you by letter, telephone, email or other forms of electronic communication Our legitimate interest or your consent*: Promote our goods and services
Management Reporting (including at an intra-group level)
Learn about how our products or services may be used Our legitimate interest: Understand the market in which we operate
Management Reporting (including at an intra-group level)
Sharing information with advertising partners (including Social media platforms, such as [list all of them here]) Your consent: Promote our goods and services
Management Reporting (including at an intra-group level)
Ad retargeting: Sending you targeted and personal adverts on web sites and social media based on your preferences, purchase history and tracked behaviour. Your consent: Promote our goods and services
Management Reporting (including at an intra-group level)

*Where we use your email or other digital means to communicate marketing information to you, we will seek your prior consent where required to do so by law.

If you object to us using your personal data for the above purposes, including direct marketing, please contact us using contact details set out in section 9.

Where we use cookies or similar technologies, we will seek your prior consent where required to do so by law.

We do not sell your personal data to any third party.

Our website may, from time to time, contain links to and from the websites of our partner networks, creative partners and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy notices or policies. Please check their privacy notices or policies before you submit any personal data to these websites.

Please do not submit any information via this website or application if you are not happy with the way your personal data is processed as described in this Privacy Policy.

1.2. IF YOU ARE OUR BUSINESS PARTNER

This section covers existing and prospective customers, business partners and suppliers, collectively called Business Partners. The information we collect and process in relation to our customers is primarily business information. We may collect personal data related to employees, directors, authorised signatories and other individuals associated with our existing or prospective Business Partners.

A – Sources of personal data

B – Personal data that we collect and process

C – Why do we collect your personal data and what are our lawful bases for it?

A. SOURCES OF PERSONAL DATA

We may obtain your personal data from the following sources:

  1. from you directly,
  2. from a company that employs you, if you are an employee of our Business Partner,
  3. from our affiliates, i.e. members of the Bacardi Limited group of companies;
  4. during networking events that we have either hosted, or sponsored, or attended; and/or
  5. from publicly available sources (for example, your company website or social media sites).
B. PERSONAL DATA THAT WE MAY COLLECT AND PROCESS

We may collect the following categories of personal data relating to our Business Partners’ employees, officers, authorised signatories, or other associated individuals:

  1. Name
  2. Picture (photography) – During our Bacardi events
  3. business address
  4. business email address
  5. business telephone number
  6. business fax number
  7. job title or role
  8. business bank account details
  9. date of birth
  10. language of communication
  11. date of first contact
  12. categorisation as a business partner (e.g. supplier, existing or prospective customer); and/or
  13. Bacardi’s system usage details, if suppliers or business partners are permitted access to Bacardi systems
C. WHY DO WE COLLECT YOUR PERSONAL DATA AND WHAT ARE OUR LAWFUL BASES FOR IT?

In the table below, we explain what specific business interests we pursue when processing your personal data and the lawful bases we rely on.

WE MAY USE YOUR PERSONAL DATA TO: WHAT ARE OUR LEGAL BASIS FOR PROCESSING YOUR DATA?
Provide you with our products or services or receive products or services from you Our Contractual Obligation (if you act in your personal capacity or a sole trader): Efficiently fulfil our contractual and legal obligations
Our Legitimate Interest: Management Reporting (including at an intra-group level)
Efficiently fulfil our contractual and legal obligations (if you are an incorporated entity)
Establish and manage our relationship Our Contractual Obligations (if you act in your personal capacity or a sole trader):
Efficiently fulfil our contractual and legal obligations
Our Legitimate interest:
Understand the market in which we operate
Management Reporting (including at an intra-group level)
Exercise or defend legal claims
Efficiently fulfil our contractual and legal obligations (if you are an incorporated entity)
Learn about how our products and services are or may be used Our legitimate interest or Your Consent *:
Understand the market in which we operate
Management Reporting (including at an intra-group level)
Security Our Legitimate interest
Managing security, risk and fraud prevention
Management Reporting (including at an intra-group level)
Let you know about our products, services and events that may be of interest to you by letter, telephone, email or other forms of electronic communication Your Consent:
Promote our goods and services
Our Legitimate interest:
Management Reporting (including at an intra-group level)
Your image (film or photos) at events to be used to support our communication and promotional campaign Our legitimate interest or your consent * :
Promote our goods and services
[Checking your age at Bacardi events to ensure compliance with age limitations for alcohol consumption] Our Legitimate interest: Compliance with laws]

* We will seek your prior consent where required to do so by law.

If you object to us using your personal data for above purposes, including direct marketing, please let us know using the email address provided in section 9.

Where we use your email to communicate marketing information to you, we will seek your prior consent where required to do so by law.

1.3. IF YOU ARE A VISITOR TO OUR PREMISES

A – Sources of personal data

B – Personal data that we collect and process

C – Why do we collect your personal data and what are our lawful bases for it?

A. SOURCES OF PERSONAL DATA

We may obtain your personal data from you directly and from our systems’ records (If we add events the A B C needs to be copied from digital visitor above).

B. PERSONAL DATA THAT WE MAY COLLECT AND PROCESS
  1. Name
  2. Surname
  3. Data of Birth
  4. Email address
  5. Address
  6. business contact details
  7. organisation
  8. role
  9. time and date of your visit; and/or
  10. image (for example, from CCTV cameras at our premises, where they are used)
C. WHY DO WE COLLECT YOUR PERSONAL DATA AND WHAT ARE OUR LAWFUL BASES FOR IT?

In the table below, we explain what specific business interests we pursue when processing your personal data and what lawful bases we rely on.

WE MAY USE YOUR PERSONAL DATA TO: WHAT THE LEGITIMATE INTERESTS OF OUR BUSINESS ARE:
Security Our legitimate interest: Managing security, risk and crime prevention
Maintain records of visitors to our premises Our legitimate interest: Management Reporting
Let you know about our products, services and events that may be of interest to you by letter, telephone, email or other forms of electronic communication Our legitimate interest or your consent *:
Promote our goods and services
Management Reporting (including at an intra-group level)

* We will seek your prior consent where required to do so by law.

Where we use your email to communicate marketing information to you, we will seek your prior consent where required to do so by law.

If you object to us using your contact details for these purposes, please let us know using the methods listed in section 9.

1.4. IF YOU ARE A CALIFORNIAN RESIDENT

The following is applicable to individuals residing in California from whom we collect Personal data, in accordance with the California Consumer Privacy Act (hereinafter “CCPA”).

The chart below outlines the categories of Personal Information (as defined by the CCPA) that we have collected for a business purpose in the preceding twelve months.

WE DO NOT SELL PERSONAL INFORMATION.

A. CATEGORIES OF PERSONAL INFORMATION COLLECTED

The examples of Personal Information for each category below are provided by CCPA to describe the information that pertains to each category. CCPA requires us to provide disclosures in regard to each category, even where we collect only one element that pertains to such category. For example, because we may collect “gender” information, we have to disclose that we collect personal information for the category “Characteristics of Protected Classifications under California or Federal Law” even where we do not collect any other element that pertains to that category.

For each category of Personal Information, we collect:

B. YOU MAY EXERCISE THE FOLLOWING RIGHTS. – Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected or disclosed by us; (2) purposes for which categories of Personal Information are collected by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected. Prior to disclosing the information, we are required to verify that the individual making the request is indeed the individual to whom the information relates. Once we receive a verifiable request, we must disclose to you the information requested for the twelve months preceding your request. – Right to Delete. Subject to certain exceptions, you have the option to delete Personal data about you that we have collected from you. Verification. Requests for access to or deletion of Personal data are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights. Submit Requests. For other requests or to authorize an agent to make a request on your behalf, you can also reach contact us (see Section 9).
2. SHARING OF YOUR INFORMATION

We do not sell your personal data to any third party. We use secure methods to transmit personal data. Data we collect may also be processed by staff operating outside the EEA who work with us or for us, or for one of our affiliated companies, suppliers or service providers Recipients of your personal data: –

2.1 OUR AFFILIATES
We may disclose your personal data to our affiliates, who may use your information for the purposes described in this Privacy Policy. In so doing, they will be data controllers of your information together with us. As data controllers, our affiliates will process your data in compliance with the GDPR and other relevant data protection laws.
2.2 THIRD PARTY RECIPIENTS
We may share your personal data with third parties who are controllers of your personal data as follows: Where required by law and similar mandatory disclosures. In connection with a merger, sale, or asset transfer. Other third parties for whom we have obtained your permission or consent to disclose your Personal data.
2.3 SERVICE PROVIDERS THAT WE MAY INVOLVE FOR THE PURPOSES DESCRIBED IN ABOVE SECTIONS
Our service providers process your personal data for data analytics/ marketing and advertising of our products and services to you. Our advertising and promotional agencies and consultants carry out marketing campaigns or email mailings on our behalf, or analyse or evaluate our data collection process or customer service fulfilment, such as website hosting companies. We will ensure that any service provider engaged by us is bound to comply with data protection obligations and process your personal data only on documented instructions from us and do not use it for their own purposes.
2.4 LAW ENFORCEMENT OR GOVERNMENT BODIES
We may disclose your personal data as permitted by law in order to investigate, prevent or take action regarding illegal activities, suspected fraud, violation of our intellectual property rights, situations involving potential threats to the physical safety of any person, violation of our Terms and Conditions or other agreements, or as required by law.
3. TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA AND THE UK (EEA)
If and when transferring your personal data outside the EEA and the UK, (which consists of EU member states and Iceland, Lichtenstein and Norway), we will only do so using one of the following safeguards: the transfer is to a non-EEA country which has an adequacy decision by the EU Commission; the transfer is covered by a contractual agreement, which covers the GDPR requirements relating to transfers to countries outside the EEA and the UK; the transfer is to an organisation which has Binding Corporate Rules approved by an EU data protection authority; or the transfer is to an organisation in the US that is EU-US Privacy Shield certified. You may request a copy of any relevant document in relation to transfers of your personal data outside the EEA and the UK by contacting us using the contact details in section 9 below.
4. YOUR RIGHTS
When prescribed by local regulations, you are entitled to obtain information from us on how we handle your personal data, to see copies of all personal data held by us and to request that your personal data is amended, corrected or deleted from our systems. You can also ask us to transfer a copy of your personal data that you provided to us, limit, restrict or object to the processing of your data. We do not carry out any decision-making based solely on automated processing, including profiling. If you gave us your consent to use your data, e.g. so that we can use your electronic contact details to send you marketing communications, you can withdraw your consent at any time. Please note that even if you withdraw your consent, we can still rely on the consent you gave as the lawful basis for processing your personal data before you withdrew your consent. You can object to our use of your personal data where we stated we rely on our legitimate business interests to do so. We explained the legitimate interests we rely on in sections ‘Why do we collect your personal data and what are our lawful bases for it?’ above. If you would like to exercise any of your above rights, contact us using the contact details in section 9 below.
5. VARIATIONS
We may revise this Privacy Policy at any time by amending this page. Any changes to our processing will take effect within a reasonable period of time after posting the amended Privacy Policy, so that you would have time to consider if you are ok with the changes.
6. CHILDREN
Our website is designed to appeal to adults only. We do not knowingly solicit any information from children or people under the legal drinking age, nor do we knowingly market or otherwise target our websites or its products or services to children or people under the legal drinking age. If we become aware that a visitor to our websites is a child or under the Legal Drinking Age in the country or other territory in which he or she is located at the relevant time and has registered without verifiable parental consent, we will remove his or her personal data from our files.
7. RETENTION PERIOD
We will keep and Process your Personal Data only for as long as is necessary for the purposes for which it was collected in connection with your relationship with us, unless we have a legal right or obligation to retain the data for a longer period, or the data is necessary for the establishment, exercise or defence of legal claims.
8. INFORMATION ABOUT US
Our EU entities are subsidiaries/affiliates of or are otherwise associated with Bacardi BMBV. These are listed in Annex 1 to this Privacy Notice. If you are a visitor to our websites, the relevant data controller is Bacardi Martini B.V., registered in The Netherlands under company number 33164385. Our registered office and main trading address is at (Building 1962), Stadionplein 6, 1076 CM Amsterdam, The Netherlands. Our VAT number is NL 0059.70.441.B01. If you are a customer or a potential customer of one or more of our EU entities, or an individual related to one of our existing or potential customers, the relevant data controller is the Bacardi entity which has contractual or business relations with our customer. If you contract with our EU entities in any other capacity (for example, to provide your services), your data controller will be the Bacardi entity with which you contract. If you are a visitor to our premises or events, the relevant controller is the EU entity that is located in that office or hosting the event. For cross-border matters, and in relation to personal data shared by several of our EU entities, the relevant entities may operate as joint controllers that will collaborate with one another, as necessary, to comply with our obligations under the GDPR, including to address requests by data subjects to exercise their rights under the GDPR, as set out in Section 4 above. The main establishment for all of our EU entities for purposes of compliance with the GDPR is Bacardi Martini B.V., at (Building 1962), Stadionplein 6, 1076 CM Amsterdam, The Netherlands. If you need to communicate with us, please contact us as explained in section 9. For the purpose of the General Data Protection Regulation 2016/679 and any implementing legislation (the “GDPR”), Bacardi Martini B.V., (Building 1962), Stadionplein 6, 1076 CM Amsterdam, The Netherlands will be the data controller responsible for any personal data about you.
9. CONTACT DETAILS
Questions, comments, complaints and requests regarding this Privacy Policy, or our privacy practices in general, are welcomed. Any queries and requests regarding this Privacy Policy are welcome via the contact points below. WHO YOU ARE VIA ADDRESS Digital Visitor Online Form http://Contact.BacardiLimited.com Business Partners or Visitor to our Premises Email DataProtection@bacardi.com A Californian resident only Online form Phone http://Contact.BacardiLimited.com 1-800-222-2734 Digital visitors may opt out from our marketing communication by simply clicking on the “opt Out” function at the bottom of the email received by us. As UK resident, if you are unhappy with how we dealt with your request or complaint in relation to how we handle your personal data, you have the right to file a complaint with the Information Commissioner’s Office.
Terms & Conditions
INFORMATION ABOUT US

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of this website and any and all other online or digital platforms (including without limitation mobile and other applications, such as Facebook apps) which we maintain (our “Site”). Please read these terms of use carefully before you start to use our Site. This Site is for the personal use, of persons who are lawfully permitted to purchase and consume alcoholic beverages, in countries and other territories where the sale, advertising and consumption of alcoholic beverages is lawful. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. Please exit our Site immediately if you do not accept these terms of use. These terms refer to the Privacy and Cookie Policies (please find links below), which also apply to your use of our Site. Please exit our Site immediately if you are not of legal age for consuming alcoholic beverages in the country or other territory in which you are located, or if you are accessing our Site in a country or other territory where use of our Site is not permitted. Content is to be shared with those over the legal drinking age only.

1. SOCIAL RESPONSIBILITY

As part of our commitment to responsible marketing, we comply with the social responsibility policies established by DISCUS (http://www.discus.org/) – the Distilled Spirits Council for the United States and spiritsEUROPE (http://spirits.eu/) – the European representative body for producers of spirit drinks, which set out the principles we maintain in all of our sales and marketing activities, including advertising and promotional programmes.

2. ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis to users located in countries or other territories where the sale, advertising and consumption of alcoholic beverages is permitted. We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice. We may suspend, terminate, or restrict access to the services we provide on our Site if you have breached these terms and/or breached our Content Standards. We may also suspend, terminate or restrict access with immediate effect if, for example, we need to take steps to defend the Site or its users from fraud, malware, spam or cybersecurity or data breaches or if we are required to do so by law. We will not be liable if for any reason our Site is unavailable at any time or for any period. Where you are given a username and account details as part of your registration, you must keep your username and any passwords confidential, and you must not disclose it to any third party. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with any unauthorised use of your username and password by a third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

3. INTELLECTUAL PROPERTY RIGHTS

All intellectual property and database rights, in our Site, and in the materials published on it by us, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by us, our subsidiaries, affiliates companies and/or any of our partners. The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site. Except as provided in these Terms and Conditions of Website Use, the use of this Site does not grant you any rights, title, interest or license to any Materials you may access on this Site. You are entitled to use the Materials on the Site for the sole purpose of use of the Site, and you may not use the Materials for any other purpose not connected with your enjoyment of the Site. You may print a reasonable number of hard copies, and may download extracts, of any page(s) from our Site for your lawful, personal, non-commercial use. You must not use any part of the Materials on our Site for commercial purposes unless expressly permitted by us and/or, where applicable, from the relevant Owner.

4. ACCEPTABLE USE

You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site where you are in breach of these terms. You are not permitted to use the Materials outside of the Site, save that you may use the recipes contained in the Site for your professional and domestic use as you see fit. You may not use our Site: In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. For the purpose of harming or attempting to harm minors in any way or which is intended to promote alcohol to minors. To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our Content Standards below. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).

5. USER GENERATED CONTENT AND MODERATION

We may from time to time provide interactive services on our Site which may include information and materials uploaded by other users of the Site, including, without limitation, comments and posts, chat rooms and forums, bulletin boards, social content, music mix rooms, image upload features, interactive drinks and recipe functionality and interactive club finder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, any additional terms that apply (e.g. Content Guidelines). Unless otherwise stated in these terms and conditions or any applicable additional terms, we do not, and are under no obligation to: oversee, monitor or moderate any interactive service we provide on our Site, or any content uploaded by users of the interactive services on our Site. The views expressed by other users on our Site do not represent our views or values and are not endorsed by us. We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards. If a Site promotes or markets any Bacardi branded products or services, we reserve the right to moderate any user-generated content that is uploaded to such Site to ensure that our Content Standards and/or Content Guidelines are being adhered to. We reserve the right to remove any user-generated content that we consider (in our sole discretion) contravenes our Content Standards. If you wish to complain about content uploaded by other users, please contact us on http://Contact.BacardiLimited.com.

6. UPLOADING MATERIAL TO OUR SITE

Where you submit your own content, images, photographs, recipes, videos, and any other materials (“Your Content”) to the Site, you hereby give us, and our group companies and business partners, a non-exclusive licence to display Your Content on the Site, and to use Your Content for our own purposes (including for our own promotional purposes), and to allow other users to view, interact with, share and download Your Content. You acknowledge that given the nature of the Site, Your Content will be publicly visible and may be shared by third parties, and that even if you delete Your Content from the Site, it may still be visible to third parties who have already interacted with or shared Your Content. You shall ensure that you have all relevant permissions, rights and licences to publish Your Content on the Site Your Content that you upload to our Site (including interactions with other users) must comply with our Content Standards. Any material you upload to our Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site. We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with our Content Standards.

7. CONTENT STANDARDS

Any and all material which you contribute to our Site must comply with the spirit, as well as the letter, of the following content standards and our Content Guidelines where available. These standards apply to each part of any contribution as well as to its whole. Your contributions must: Be accurate (where they state facts). Be genuinely held (where they state opinions). Comply with applicable law in the UK, the US and in any country from which they are posted. Your contributions must not: Contain any material which is unlawful, obscene, offensive, hateful or inflammatory. Contain sexually explicit material. Harm, or attempt to harm, minors in any way. Be targeted at an under legal drinking age audience Encourage, condone, promote or glamorise under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving. Promote violence Contain any material or engage in activities which would cause offence to others on grounds of race, religion, creed, sex, nationality, disability, sexual orientation or age. Infringe any copyright, database right, trade mark or other proprietary right of any other person. Be likely to deceive any person. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. Promote any illegal or immoral activity. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. Be likely to harass, upset, embarrass, alarm or annoy any other person. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. Give the impression that they emanate from us, if this is not the case. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. Disclose any personally identifiable information about yourself or any other party (e.g. telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived). This list only serves to provide examples and is not meant to be an exhaustive list.

8. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. We may help connect users offering their services (such as bar tending, service staff, mixology services) (“User Services”) with other users seeking to use such User Services. We do not vet or scrutinise any content offering User Services. You acknowledge that we do not supervise or monitor or moderate users offering User Services, and that we do not offer User Services. You agree that we are not liable or responsible in any way for User Services and that we do not endorse or recommend any particular User Services. Nothing in our relationship or these terms shall create any employment, agency, joint venture, partnership or other relationship between you and Bacardi-Martini B.V. We accept no responsibility for any liability arising in relation to the offer or receipt of any User Services and it is your responsibility to enter into contracts with other users as necessary to regulate such User Services. You confirm that have all licenses, qualifications and experience necessary to offer any User Services advertised or offered by you. We may help you register or attend events organised by other members and connect with other members at such events. You agree that we are not responsible for such events, nor are we responsible for the conduct of other attendees at such events.

9. OUR LIABILITY

The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, we and all other members of our Group of Companies and our affiliates (“Our Group”) hereby expressly exclude and disclaim: All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the User Services, or your use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Because some jurisdictions do not allow the exclusion or limitation of liability or damages, Our Group’s liability in such jurisdictions shall be limited to the fullest extent permitted by law. Nothing in these terms affects or limits your statutory rights as a consumer.

10. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS

Your privacy is important to us. We process information about you in accordance with our Privacy Policy.

11. MALICIOUS CODE, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing any malicious code. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

12. LINKING TO OUR SITE

Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part. If you wish to make any use of Material on our Site other than that set out above, please address your request for the attention of our Digital Director as specified in section 20 of the present Terms and Conditions of Website Use.

13. LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. INDEMNITY

You will indemnify Our Group against any loss, damage or cost incurred by us arising out of your use of our Site, any User Services provided by you or accessible to you via the Site, any breach of these terms and conditions by you, or your violation of any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property right). We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defences.

15. ENTIRE AGREEMENT

These terms of use, including our Privacy Policy and Cookie Policy constitute the entire agreement between you and us in relation to your use of our Site.

16. JURISDICTION AND APPLICABLE LAW

Details of our internal complaint-handling system can be found here: In the event a dispute cannot be resolved between us and any business users by means of our internal complaint-handling system, we may agree to enter into mediation to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure or Alternative Dispute Resolution Group (ADRG) procedure. Unless otherwise agreed by us in writing, the mediator will be nominated by CEDR or ADRG. If you are located in the U.S., these terms are governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and any dispute arising out of or relating to these Terms and Conditions of Website Use or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the county of New York in the State of New York, and you hereby submit to the personal jurisdiction of such courts. If you are located anywhere except the U.S., then (i) these terms are governed by English law; and (ii) the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country and (iii) these Terms and Conditions of Website Use are governed by English law.

17. VARIATIONS

We may revise these terms of use at any time by amending this page.

18. TRANSFERRING THIS AGREEMENT

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

19. INFORMATION ABOUT US

In the present Terms and Conditions of Website Use and in the connected Cookie and Privacy Policies, "We" or "us" or "BMBV" means Bacardi-Martini B.V., registered in Groningenweg 8, Ground Floor, 2803 PV Gouda, the Netherlands. If you have any concerns about material which appears on our Site or if you need to communicate with us go online at http://Contact.BacardiLimited.com.

Official Rules for Bacardi Suns Out, Rums Out Sweepstakes
No purchase is required to enter.
1.Eligibility

The Sweepstakes is open only to legal residents of the United States who are at least twenty-one (21) years old. Employees of ArrowheadPromotion & Fulfillment Co., Inc. (“Administrator”), Bacardi U.S.A., Inc.(“Sponsor”), or any other alcohol beverage company, their respectivedistributors, wholesalers, retailers (including bartenders/staff), or licensees,as well as the immediate family (spouse, parents, siblings, and children) andhousehold members of those employees, are not eligible to enter.

2.Entry Period

The Entry Period begins at 12:01 AM EST on September 1st, 2021 and ends at 11:59 PM EST on September 30th, 2022 (the “Entry Period”). Administrator’s computer is the official time-keeping device for the Sweepstakes.

3.How to Enter
  1. Scan the QR code on the BACARDI Ready to Drink Sweepstakes pointof sale. When the browser pops up on the phone, it will give you anoption to play A/R game or enter sweepstakes. Consumer can eitherskip sweepstakes entry and just play game (and then be asked againat end of game if they want to enter sweepstakes) OR consumer canenter sweepstakes and then play game. Consumer can also enteronline at https://bacardi-ar.com. Follow the instructions to complete theentry form. There is a limit of one (1) entry per person.
  2. The use of multiple e-mail addresses or numbers, an agency, or anyautomated system to enter is strictly prohibited, and Sponsor reservesthe right to disqualify any entries received through such methods. Byentering, you indicate your full agreement to these Official Rules andSponsor’s decisions regarding the Sweepstakes, which are final andbinding. Winning a prize is contingent upon fulfilling all requirements inthese Official Rules.
4.Drawings

Administrator will select twenty-four (24) potential winners, two (2) winners monthly for twelve (12) months. The odds of being selected depend on the number of eligible entries received by the time of the drawing. Administrator will attempt to contact the potential winners on date of a drawing. A potential winner must respond within twenty-four (24) hours. If she/he doesn’t, administrator will select an alternate potential winner in a random drawing of all remaining entries. The weekly drawings will take place as follows: 9/30/21, 10/31/21, 11/30/21, 12/31/21, 1/31/22, 2/28/22, 3/31/22, 4/30/22, 5/31/22, 6/30/22, 7/31/22, 8/30/22.

5.Potential Winner Requirements

Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility andliability/publicity release. If a potential winner fails to sign and return thesedocuments within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entriesreceived. Only three (3) alternate potential winners may be contacted.

6.Prizes

Each winner will receive one (1) BACARDI branded box containingtwo (2) BACARDI towels, two (2) BACARDI bandanas, two (2) BACARDI hatsand one (1) deck of cards collectively valuing at $100.40. The winner isresponsible for paying taxes any costs and expenses not specified above. Anyprize details not specified above will be determined by Sponsor, in its solediscretion. A prize may not be transferred prior to award. A winner may notrequest cash or a substitute prize; however, Sponsor reserves the right tosubstitute a prize with another prize of equal or greater value if the prize isnot available for any reason, as determined by Sponsor, in its sole discretion.No alcohol will be awarded as part of any prize.

7.General Conditions

In the event that the operation, security, oradministration of the Sweepstakes is impaired in any way, Sponsor may, in itssole discretion, either: (a) suspend the Sweepstakes to address theimpairment and then resume the Sweepstakes in a manner that bestconforms to the spirit of these Official Rules; or (b) award the prizes atrandom from among the eligible entries received up to the time of theimpairment. Sponsor reserves the right, in its sole discretion, to disqualifyany individual who tampers with the operation of the Sweepstakes, violatesthese Official Rules, or acts in an unsportsmanlike or disruptive manner.Sponsor reserves the right to seek damages from any person who seeks toundermine the legitimate operation of the Sweepstakes. Failure by Sponsorto enforce any term of these Official Rules shall not constitute a waiver ofthat provision. Proof of sending any communication to Sponsor by mail shallnot be deemed proof of receipt of that communication by Sponsor. In theevent of a dispute as to the owner of an online entry, the authorized accountholder of the e-mail address used to enter will be deemed to be the owner.The Sweepstakes is subject to federal, state, and local laws and regulationsand is void where prohibited.

8.Release and Limitations of Liability

By entering, you agree to releaseand hold harmless Sponsor, Administrator, their respective parents,subsidiaries, affiliates, and each of their respective officers, directors,employees, and agents (the “Released Parties”) from and against any claimor cause of action arising out of participation in the Sweepstakes or receipt oruse of any prize, including, but not limited to: (a) unauthorized humanintervention in the Sweepstakes; (b) technical errors related to computers,servers, providers, or telephone or network lines; (c) printing errors; (d) lost,late, postage-due, misdirected, or undeliverable mail; (e) errors in theadministration of the Sweepstakes or the processing of entries; or (g) injuryor damage to persons or property. You further agree that in any cause ofaction, in no event shall the Released Parties be liable for attorney’s fees. Youwaive the right to claim any damages whatsoever, including, but not limitedto, punitive, consequential, direct, or indirect damages.

9.Privacy and Publicity

Any information you submit as part of the Sweepstakes will be treated in accordance with Sponsor’s Privacy Policy. Except where prohibited participation in the Sweepstakes constitutes anentrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions,biographical information, and state of residence for promotional purposes inany media without further payment or consideration.

10.Disputes

You agree that any disputes, claims, and causes of action arisingout of, or connected with, the Sweepstakes or any prize awarded shall beresolved individually, without resort to any form of class action, andexclusively by the appropriate court located in Florida. All issues andquestions concerning the construction, validity, interpretation andenforceability of these Official Rules, your rights and obligations, or the rightsand obligations of the Sponsor in connection with the Sweepstakes, shall begoverned by, and construed in accordance with, the laws of Florida, withoutgiving effect to any choice of law or conflict of law rules (whether of Florida orany other jurisdiction), which would cause the application of the laws of anyjurisdiction other than Florida.

11.Winner Information

For the name of the winners, send a self-addressed stamped envelope to Suns out Rums Out Sweepstakes CASA BACARDI, PR-165, Cataño, 00949, Puerto Rico.

12.Sponsor and Administrator

The Sweepstakes is sponsored by Bacardi U.S.A., Inc., 2701 Le Jeune Road, Coral Gables, FL 33134, and is administered by CASA BACARDI, PR-165, Cataño, 00949, Puerto Rico

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These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.

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