YouTube ไม่สามารถอัพโหลดวิดีโอนี้ได้ เนื่องจากมีข้อผิดพลาดบางอย่างในช่องกรอกข้อมูลทางด้านบน ลองเช็คอีกทีว่าชื่อวิดีโอและคำอธิบาย มีจำนวนตัวอักษรตามที่กำหนด
เตรียมอัพโหลดวิดีโอลง YouTube ห้ามเปลี่ยนจากหน้านี้ไปยังหน้าอื่น
ข้อกำหนดในการเข้าร่วมประกวด SMIRNOFF NIGHTLIFE EXCHANGE PROJECT DANCE CONTEST 2011
2.1 เปิดรับสมัครตั้งแต่วันที่ 7 กันยายน 2554 เวลา 10:00 น. ถึงวันที่ 30 กันยายน 2554 เวลา 23:59 น. ตามเวลาประเทศไทย
2.2 ไม่ต้องซื้อสินค้าเพื่อเข้าประกวด และการซื้อสินค้าไม่ได้เพิ่มโอกาสในการรับรางวัล
2.3 ร่วมส่งประกวดได้ที่ www.smirnoff.com หรือ www.facebook.com/smirnoffthailand ทั้งนี้ ต้องมีโปรไฟล์เพจของคุณเอง พร้อมอัพโหลดวิดีโอความยาวไม่เกิน 1 นาที โชว์ความสามารถในการเต้นในเพลง 'Celebration' ที่ผู้จัดการประกวดกำหนด ซึ่งสามารถดาวน์โหลดได้ที่ www.smirnoff.com
2.4 เนื้อหาในวิดีโอจะต้องพูดแนะนำตัว 15 วินาที : บอกชื่อ ประเทศที่อยู่ และสไตล์การเต้นของผู้เข้าประกวด
2.5 ส่งวิดีโอภายในวันที่ 30 กันยายน 2554 ก่อนเวลา 23:59 น.
2.6 วิดีโอที่อัพโหลดสำเร็จ จะปรากฏที่ www.smirnoff.com และ www.youtube.com/smirnoff
2.7 ผู้เข้าประกวดจะต้องไม่ทำอะไรที่เป็นอันตรายตัวเองหรือผู้อื่น หรือกระทำการใดๆ ที่เสี่ยงขณะผลิตหรือถ่ายวิดีโอเพื่อส่งประกวด
2.8 วิดีโอที่ส่งเข้าประกวดจะต้องเหมาะสมและตรงตามข้อกำหนดของ YouTube อ่านรายละเอียดได้ที่ www.google.com/support/youtube/bin/answer.py?answer=132460
2.9 วิดีโอที่ส่งเข้าประกวดจะต้องถ่ายทำโดยผู้เข้าประกวด และผู้เข้าประกวดเป็นผู้รับผิดชอบค่าใช้จ่ายที่เกิดขึ้นระหว่างการผลิตและการจัดส่งแต่เพียงผู้เดียว
2.10 วิดีโอที่ส่งเข้าประกวดจะต้องไม่แสดงบุคคลอื่น นอกจากผู้เข้าประกวดเท่านั้น
2.11 วิดีโอจะต้องไม่มีเสียงเพลงอื่นๆ สอดแทรก ไม่ว่าจะเล่นสดหรือเปิดเพลงที่นอกเหนือจากที่ผู้จัดกำหนด
2.12 ส่งวิดีโอได้ 1 ครั้งต่อ 1 คน
2.14 การสมัครและส่งข้อความ ภาพ หรือวิดีโอเข้าประกวด ผู้เข้าประกวดในที่นี้ยืนยันถึงสิทธิ์/ความเป็นเจ้าของในสื่อเหล่านี้
3.1 ผู้เข้าประกวดไม่สามารถโฆษณาหรือนำเสนอผลิตภัณฑ์หรือบริการของตนเองหรือบุคคลที่สาม รวมถึงฝ่าฝืนลิขสิทธิ์ เครื่องหมายการค้า ความลับทางการค้า หรือสิทธิส่วนบุคคลของบุคคลหรือนิติบุคคลใดๆ
3.2 ผู้เข้าประกวดไม่สามารถใช้ผลงานสร้างสรรค์ ลิขสิทธิ์ กรรมสิทธิ์ ความลับทางการค้า เครื่องหมายการค้า ตราสัญลักษณ์ หรือตราใดๆ ที่คล้ายกับของบุคคล/บริษัทที่สาม ทั้งนี้ ผู้เข้าประกวดสามารถใช้ตราสัญลักษณ์ หรือแบรนด์ SMIRNOFF® ในวิดีโอ (โดยจะต้องเป็นไปตามข้อกำหนด ข้อ 3.4 ด้านล่าง)
3.3 ผู้เข้าประกวดไม่สามารถแนะนำผลิตภัณฑ์สเมอร์นอฟ หรือแอลกอฮอล์ใดๆ ว่าทำให้มีความมั่นใจ เป็นที่นิยม หรือทำให้บุคลิกดี หรือได้รับการยอมรับ มีเสน่ห์ หรือว่าการมึนเมาเป็นสิ่งที่สมควร รวมถึงไม่แสดงหรืออ้างอิงการดื่มแอลกอฮอล์ หรือผู้ที่ดื่ม หรือผู้ที่อาจมีอายุต่ำกว่า 21 ปี
3.4 ผู้เข้าประกวดไม่สามารถนำเสนอผลิตภัณฑ์ของสเมอร์นอฟ เช่น ขวด และบรรยายถึงการดื่มแม้กระทั่งตอนเต้น
3.5 วิดีโอที่แสดงถึงการเปลือยส่วนใดส่วนหนึ่งหรือทั้งหมด จำกัดความด้วยการแสดงอวัยวะเพศ ที่ไม่มีภาพมัวปกปิด หรือการแสดงหน้าอกที่ไม่มีภาพมัวปกปิดส่วนหัวนม และการแสดงความต้องการหรือท่าทางทางเพศ จะถูกตัดสิทธิ์
3.6 วิดีโอไม่สามารถ (ก) แสดงบุคคลที่มีพฤติกรรมไม่เหมาะสม (ข) แสดงถึงสิ่งใดที่ลดคุณค่าความเป็นมนุษย์ ภาพหรือรูปปั้นหญิง ชาย หรือกลุ่มบุคคลที่มีพื้นฐานเชื้อชาติ ศาสนา เพศ หรือกลุ่มบุคคลที่มีสถานะเป็นชนกลุ่มน้อย (ค) ละเมิดสิทธิ์ส่วนบุคคล หรือ (ง) อ้างอิงผู้เข้าประกวดคนอื่นๆ และวิดีโอหรือภาพโปรไฟล์ที่ใช้ร่วมกับวิดีโอที่อาจละเมิดต่อเพศ กลุ่มบุคคล ศาสนา เชื้อชาติ หรือวัฒนธรรม จะถูกปฏิเสธ
3.7 วิดีโอไม่สามารถแสดง บอกเป็นนัย สนับสนุน หรืออ้างอิงพฤติกรรมที่รุนแรง ก้าวร้าว ไม่รับผิดชอบ หรือต่อต้านสังคมหรือแสดงความเกี่ยวข้องของแอลกอฮอล์กับความกล้า แข็งแกร่ง หรือท้าทาย
3.8 ผู้เข้าประกวดจะต้องไม่แสดงอะไรที่ดึงดูดบุคคลอายุต่ำกว่า 21 ปี หรือแสดงตัวละครหรือเครื่องแต่งกายที่มีจริงหรือแต่งขึ้นที่ดึงดูดบุคคลที่อายุต่ำกว่า 21 ปี
3.9 เนื้อหาที่ลามก อนาจาร ยั่วยุ แสดงออกทางเพศอย่างโจ่งแจ้ง หรือสมควรแก่การคัดค้าน หรือสะท้อนแบรนด์สเมอร์นอฟหรือแบรนด์อื่นๆ ของผู้จัดและบริษัทในเครือในทางที่ไม่ดี จะไม่ได้รับการพิจารณา และการตัดสินความเหมาะสมของวิดีโอโดยคณะกรรมการจะถือเป็นที่สิ้นสุด
3.10 วิดีโอที่แสดงความเห็นเกี่ยวกับผู้ที่ไม่ดื่มแอลกอฮอล์ จะถูกปฏิเสธ
3.11 วิดีโอที่แนะนำผลิตภัณฑ์เครื่องดื่มแอลกอฮอล์สเมอร์นอฟหรือเครื่องดื่มแอลกอฮอล์ว่าดีต่อสุขภาพ หรือมีคุณสมบัติเป็นยา บำบัดโรคได้เนื่องจากมีส่วนผสมของแอลกอฮอล์ หรือแนะนำให้ดื่มเครื่องดื่มที่มีระดับแอลกอฮอล์สูง จะถูกปฏิเสธ
3.12 วิดีโอที่บอกเป็นนัยว่าการดื่มแอลกอฮอล์ก่อนหรือขณะขับรถ หรือดื่มขณะใช้เครื่องจักร หรือทำกิจกรรมใดๆ ที่ต้องใช้สมาธิ ความตื่นตัว หรือความพร้อมเพรียงของอวัยวะ ว่าการดื่มเหล่านี้เป็นที่ยอมรับ จะถูกปฏิเสธ
3.13 วิดีโอที่ส่งทาง www.youtube.com/smirnoffthailand จะต้องเป็นไปตามข้อกำหนดและเงื่อนไขของ YouTube ซึ่งอ่านรายละเอียดได้ทาง www.youtube.com
4.1 ผู้เข้าประกวดที่เต้นได้ถูกใจกรรมการจากประเทศไทยที่สุด จะได้รับรางวัลตั๋วเครื่องบินไป-กลับพร้อมที่พัก เพื่อร่วมปาร์ตี้ Smirnoff Nightlife Exchange Project ที่นิวยอร์กในวันที่ 12 พฤศจิกายน 2554
4.2 ผู้เข้าประกวด 10 คนจากทั่วโลกจะถูกคัดเลือกโดยทีมของมาดอนน่า เพื่อแสดงรอบสุดท้ายที่นิวยอร์ก ในวันที่ 12 พ.ย.ผู้ที่ได้รางวัลชนะเลิสจะได้เป็นแดนซ์เซอร์ ร่วมทัวร์คอนเสิร์ตครั้งต่อไปของมาดอนน่า
5. ผู้ชนะจะได้รับการติดต่อกลับจากเจ้าหน้าที่ ทางอีเมล / โทรศัพท์
6. ผู้ชนะจะต้องมีพาสพอร์ตที่ ตั้งแต่เดือนมีนาคม 2554 และ ออกค่าใช้จ่ายในการขอ Visa
7. สเมอร์นอฟขอสงวนสิทธิ์ในการเปลี่ยนแปลงข้อกำหนด โดยไม่ต้องแจ้งให้ทราบล่วงหน้า
SMIRNOFF NIGHTLIFE EXCHANGE PROJECT DANCE CONTEST 2011
TERMS AND CONDITIONS
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. MUST BE 21 YEARS OF AGE OR OLDER TO ENTER. VOID IN CALIFORNIA IN THE USA AND WHEREVER ELSE PROHIBITED OR RESTRICTED BY LAW.
These terms and conditions apply to persons ("you", "your", or "entrant") entering the SMIRNOFF Nightlife Exchange Project Dance Contest 2011 (the "Contest"). The Promoter of the Contest is Diageo Americas, Inc. with its principal place of business at 801 Main Avenue, Norwalk, Connecticut, 06851-1127, USA. All references to 'our', 'us', 'we' or 'company' refer to the Promoter, its subsidiaries, affiliates and associates.
By entering this Contest, you will be deemed to have accepted these terms and conditions available at www.youtube.com/smirnoff and www.smirnoff.com, the YouTube terms and conditions available at www.youtube.com and the terms and conditions applicable to www.facebook.com/smirnoff. Failure to abide by any of these terms and conditions will disqualify you from taking part in the Contest and your entry will be deemed invalid.
1.1 The Contest is open only to legal residents of the following countries:
Argentina, Australia, Belgium, Bulgaria, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Great Britain, Germany, Ireland, Jamaica, Mexico, Netherlands, Panama, Paraguay, Poland, South Korea, Uruguay and the USA. Up to ten additional countries may be added by the Promoter during the course of the Contest, by no later than 8 September 2011.
1.2 The Contest is open only to entrants who are at least 21 years old at time of entry.
1.3 The Contest is not open to (i) employees (and their immediate families (spouse, parent, child or sibling) and household members) of the Promoter, Live Nation, Boy Toy Inc, Google and/or YouTube or their affiliates, subsidiaries, agencies or advisors; (ii) alcohol beverage suppliers, importers, wholesalers, distributors or retailers; and (iii) anyone else involved in the creation or administration of the Contest, or their immediate families or household members. For USA entrants, all federal, state and local laws apply.
2.1 Entry to the Contest will be open from 10:00am on 7 September 2011 until 11:59:59 p.m. on 30 September 2011.
2.2 No purchase is necessary in order to enter the Contest, and a purchase will not improve your chance of winning.
2.3 To enter the Contest, entrants will need to go to www.smirnoff.com or www.facebook/smirnoff, or such other on-line entry points as the Promoter may publicise. Entrants will need to create an online profile and upload a video of maximum one (1) minute in duration featuring the entrant dancing to music provided by the Promoter and which the entrant will be able to download from www.smirnoff.com. Please note that entry via www.youtube.com/smirnoff is only open to residents of certain countries; if entry is not available through that mechanism, the entrant must enter through www.smirnoff.com.
2.4 Videos must include a fifteen (15) second spoken introduction by the entrant saying the entrant's name, what country the entrant is from, and describing the entrant's unique dancing style and flair.
2.5 All video entries must be uploaded no later than 11:59:59 p.m. on 7 September 2011.
2.7 You must not endanger yourself or others, or take any unnecessary risks in order to produce or make a video to be submitted to the Contest.
2.8 All video files must be optimised for YouTube in accordance with the specifications located at www.google.com/support/youtube/bin/answer.py?answer=132460.
2.9 The video submitted must be taken solely by the entrant. The entrant is solely responsible for any expenses incurred in the creation or submitting of the video.
2.10 All video files submitted must not feature anyone other than the entrant.
2.11 Videos must not be accompanied by a backing track or any other music, live or recorded other than the music provided by the Promoter as described above.
2.12 Only one entry is permitted per person.
2.13 Entries must be made by the authorized account holder of the email address submitted with their name, age and contact details on the application at the time of entry. In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses.
2.14 By entering the Contest and submitting any content whether written, pictorial or in video form, the entrant hereby warrants that he/she owns all rights in such material. Entrant represents and warrants that his/her video and any other content is the sole and original creation of the entrant and has not been copied in whole or in part from any other work. The Promoter will not be responsible for the content of any material submitted by the entrant and the entrant accepts that (i) he/she will be responsible for ensuring that any material submitted does not infringe any third party rights and (ii) he/she will be liable for any claims, losses, fines, penalties, costs or damages suffered or incurred as a result of any such infringement.
2.15 FOR ENTRIES SUBMITTED VIA WWW.SMIRNOFF.COM: If you have submitted your entry via the website www.smirnoff.com, to the extent permitted by law you hereby exclusively and irrevocably assign to the Promoter with full legal and beneficial ownership all intellectual property rights in your entry and in any content whether written, pictorial or in video form which you submit as part of your entry. Such assignment shall be worldwide and royalty-free, without any restriction or limitation in time. If this assignment is, for any reason, not effective under these Terms and Conditions:- (i) you hereby agree that you will enter into such an assignment as and when requested by the Promoter on the terms requested by the Promoter (failure to execute any such assignment will result in you being disqualified from the Contest); and (ii) until such rights are assigned to the Promoter, you hereby grant to the Promoter, its group companies, contractors, agents and collaborators an exclusive, irrevocable, perpetual, worldwide, royalty-free licence in respect of all intellectual property rights in the video and other submitted materials in accordance with the terms of paragraph 2.16 below.
2.16 FOR ENTRIES SUBMITTED VIA WWW.YOUTUBE.COM/SMIRNOFF : If you have submitted your entry via the website www.youtube.com/smirnoff, to the extent permitted by law you hereby grant the Promoter, its group companies, contractors, agents and collaborators a worldwide, royalty-free, perpetual, exclusive, irrevocable, sub-licensable licence to all intellectual property rights in the entry (including all its content whether written, pictorial or in video form), which includes the right to use and reproduce the entry without restriction in any and all media, including for the purposes of the competition, for internal use, for commercial use, for publication on any websites and Facebook and YouTube pages of the Promoter and its related companies, and for use in the promotional and advertising materials of the Promoter and its related companies. If this licence is, for any reason, not effective under these terms and conditions, you hereby agree that you will enter into such a licence as and when requested by the Promoter on the terms requested by the Promoter (and that failure to execute any such licence will result in you being disqualified from the Contest).
2.17 To the extent permitted by law, the entrant hereby irrevocably waives all moral rights or other transferable rights in the material to which the entrant is or may at any time in the future be entitled or any similar provisions of law in any jurisdiction. Entrants accept that the Promoter will be entitled to reproduce video entries without attributing the dancers' name.
2.18 The Promoter shall be entitled to use, reproduce, modify, edit, store and retrieve all video submissions and other material in connection with the Contest or otherwise for promotional purposes in any way that the Promoter thinks fit and in any possible medium on a perpetual, irrevocable, royalty-free, worldwide basis and will not be required to obtain consent from entrants or make any payment to entrants for such use, reproduction, modification etc.
2.19 Promoter and its agencies are not responsible for lost, late, damaged, corrupted, illegible, misdirected, or incomplete entries, or for entries not received due to lost, failed delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries.
2.20 Promoter and its agencies are not responsible for incorrect or inaccurate entry information, whether caused by web-site visitors or by any human or technological error that may occur in the processing of entries in this Contest.
2.21 Promoter reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Contest, should viruses, bugs or other causes beyond control of the Promoter corrupt the administration, security or proper operation of the Contest.
2.22 CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER AND YOUTUBE LLC RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
2.23 The entrant declares that information they provide on entering the Contest is true and correct. Any entry made in breach of this declaration may be deemed invalid and disqualified at the discretion of the Promoter.
2.24 The Promoter reserves the right to disqualify and take down any video which, in its reasonable opinion, has been made in breach of any of the requirements of these terms and conditions and/or the YouTube terms of services available at www.youtube.com, the terms and conditions of www.smirnoff.com, or the terms and conditions applicable to www.facebook.com/smirnoff.
3.1 Entries must not advertise or promote third parties' or your own goods or services, nor contain any material which violates or infringes any copyright, trademark, trade name, trade secret or other personal and/or proprietary right of any person or entity.
3.2 Entries must not use third party artistic works, copyrights, trademarks, trade names, logos, similar brand identifying marks, trade secrets or other proprietary rights. Entrants may however use the SMIRNOFF® trademark or branding in their videos (provided any such use is in accordance with these terms and conditions and in particular, subject to clause 3.4 below).
3.3 Entries must not suggest SMIRNOFF products or alcohol in general makes you more confident, popular or attractive or that it is acceptable, glamorous or generally positive to be intoxicated nor feature scenes or references to drinking alcohol or show people who are, or appear to be, under 21 years of age.
3.4 Entries may not involve or include the use of SMIRNOFF props (e.g. bottles) and entrants must not depict drinking in any way, including when dancing.
3.5 Videos containing full or partial nudity, defined as the display of the genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering or the showing of the breast with less than a fully opaque covering of any part of the nipple, or any lewd or sexually suggestive gesture will be disqualified.
3.6 No video may (a) depict persons conducting themselves in an inappropriate manner (b) contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status, (c) be offensive towards anyone, or (d) reference any other participant in the Contest; and any entry or profile photographs used in conjunction with an entry that could be offensive towards any gender, minority group, religion, race or culture will be rejected.
3.7 Entries should not show, imply, encourage or refer to aggression or unruly, irresponsible or anti-social behaviour nor link alcohol with brave, tough or daring behaviour.
3.8 Entries should not particularly appeal to under 21s or feature real or fictitious characters or costumes who appeal particularly to people under 21.
3.9 Obscene, provocative, sexually overt, lewd or otherwise objectionable content or entries which reflect poorly on the SMIRNOFF brand or any other brands of the Promoter and its affiliates will not be considered, and the determination of the appropriateness of any video submitted is at the sole discretion of the Promoter and/or Judges.
3.10 Entries passing judgment on those who choose not to drink alcohol will be rejected.
3.11 Any entry that suggests SMIRNOFF beverage alcohol products, or any beverage alcohol product, is good for you or has any positive medicinal or therapeutic property because it contains alcohol, or suggests that someone should only consume drinks with a high alcohol content, will be rejected.
3.12 Any entry that implies it is acceptable to drink alcohol before or while driving any kind of vehicle, operating any kind of machinery, or while undertaking any activity that requires alertness, concentration, or physical coordination will be rejected.
4.1 In order to select the Finalists, Live Nation(which is a live-events company responsible for promoting Madonna's next world tour) will appoint four (4) judges, three (3) of whom shallbe independent of the Promoter.
4.2 The judges will view all qualifying video entries and will choose ten (10) entrants to be Finalists taking account of the criteria listed below:
4.2.1 Entrants will need to show primarily that they are highly skilled at both choreographed and freestyle dance.
4.2.2 They will need to make the moves their own.
4.2.3 Formal technique and training in a variety of styles (e.g., Hip Hop, Contemporary Jazz, Latin) is not mandatory but a plus.
4.2.4 An emotional connection to their audience must be present in their performance.
4.2.5 Most importantly, entrants will be judged on how unique they are (e.g. having an innovative dance style, or a rare skill).
4.2.6 Entrants will also be judged on physical ability (e.g., strength, endurance).
4.2.7 Entrants' personality, charisma and other qualities will be taken into consideration.
The selection of the ten (10) Finalists will be made at the discretion of the judges and all decisions of the judges are final.
4.3 The above ten (10) Finalists will be contacted via emailby 17 October 2011 to confirm that they meet the following criteria:
4.3.1 They are at least 21 years of age;
4.3.2 They are eligible and able to travel to New York, USA within the period of 7 to 12 November 2011;
4.3.3 They have at least twelve (12) months validity on their passport from March 2012;
4.3.4 They have no previous criminal conviction in any jurisdiction for any offence involving homicide, serious violence, assault, kidnap, arson, drugs, criminal damage, robbery, burglary, blackmail, terrorism, fraud, drink driving or public disorder, or any sexual offence, and have not committed any alcohol-related crimes whether convicted or not;
4.3.5 They have a working knowledge of English; and
4.3.6 They are willing and available to take part in Madonna's next world tour (as described below) (the "Tour") and are eligible to travel to the countries forming part of the Tour.
4.4 If any Finalist does not meet any of the above criteria, the Promoter reserves the right to choose an alternative entrant as a Finalist by applying the criteria set out in paragraph 4.2 and to disqualify the entry. The Promoter can repeat this process any number of times until it has identified all of the Finalists.
4.5 Please ensure you check your email account regularly (including any junk email folders) to ensure that you can be contacted by the Promoter via email.
4.6 The Finalists will be required to sign an affidavit of eligibility and a liability/publicity release within two (2) calendar days of notification. These documents will be provided to the Finalists by the Promoter.
4.7 In the event that:
4.7.1 any Finalist and/or that Finalist's video submission does not meet any criteria set out in these terms and conditions;
4.7.2 any Finalist cannot be located, does not respond within two (2) calendar days or does not provide the signed affidavit of eligibility and the signed liability/publicity release within two (2) calendar days; or
4.7.3 any Finalist refuses or is unable to take part in the following stage of the Contest (as described below);
the Promoter reserves the right in its sole discretion to disqualify that Finalist and select another Finalist who is selected by the judge(s) as having the next best video in accordance with the criteria set out in these terms and conditions. This re-selection process may be repeated until a satisfactory replacement Finalist is selected.
5.1 The Finalists will win a trip to New York, USA for a minimum of three (3) calendar days and a maximum of six (6) calendar days ending on 12 November 2011 (the "Prize") so that they can have the opportunity of taking part in a dance event, the final round of which will be in front of a live audience and streamed live on the internet (overall, the "Dance Event").
5.2 The Dance Event will involve several rounds, dancing to various different styles of music, dancing in a group, dancing with a partner and a solo dance, both freestyle and choreographed. Finalists may be eliminated in the course of the various rounds.
5.3 The Finalists must be available to travel to New York on either the 7, 8, 9 or 10 November 2011 depending on rehearsal requirements for the Dance Event. The departure date will be confirmed by the Promoter.
5.4 The Prize consists of:
5.4.1 economy class flights to New York, USA from a departure airport nominated by the Promoter in the Finalist's country of residence;
5.4.2 4 star or equivalent hotel accommodation for between two (2) and five (5) nights depending on the length of the trip to New York (as described above);
5.4.3 transport between the hotel accommodation and the airport in New York;
5.4.4 $1,000 US Dollars spending money;
5.4.5 travel insurance and medical insurance to cover the Finalist only during his or her trip to New York in accordance with these Terms and Conditions; and
5.4.6 the opportunity to participate in the Dance Event (as described above).
5.5 Finalists must be aware that they will be required to attend rehearsals for the Dance Event every day while in New York.
5.6 Taxes (other than those set out in paragraphs 5.7 and 5.8 below), other transfers, other hotel incidentals (including the mini bar) and any other expenses not stated in these terms and conditions are not included as part of the Prize.
5.7 For US Entrants only: The value of the Prize won by a participant under the Contest may be taxable as income to its winner. The Finalists are solely responsible for any and all taxes and/or fees associated with the Prize. Upon acceptance of the Prize, the Finalists will be issued an IRS Form 1099. Upon receipt of the Prize, the Finalists shall be required to comply with any and all applicable federal, state and local law, rules and regulations.
5.8 If a Finalist (other than a USA finalist) incurs personal tax liability in connection with the Prize and notifies the Promoter providing satisfactory evidence of such liability, the Promoter will reimburse the Finalist with a sum equivalent to such liability. For the avoidance of doubt, the Promoter will in no way be responsible for paying any taxes payable in relation to the Employment Contract as described below.
5.9 The obtaining, and costs, of visas in relation to the trip to New York are the sole responsibility of the Finalist and a Finalist will only receive the trip to New York if an approved visa is obtained which is of a duration and nature which enables the Finalist to fully participate in the Dance Event. The Promoter will not be responsible for providing the Finalist with any document that will assist it to remain in the US after the Dance Event or for any other purpose.
5.10 The total approximate retail value of the Prize is estimated to be $5,000 US Dollars depending on the Finalist's point of departure, length of stay in New York, fluctuations in the exchange rate, and any fluctuations in airfare and accommodation.
5.11 No cash alternative will be offered and the Prize is not transferable nor changeable in any manner. The trip to New York must be taken on the dates set out in these terms and conditions.
5.12 The Dance Event will be filmed and the Promoter reserves the right to use any/all footage in any and all media (including for commercial use, and for use in promotional and/or advertising materials). Finalists will be required to sign an applicable release form and waiver in relation to the footage. Failure to provide such release and waiver upon request will prevent the Finalist from participating in the Dance Event.
6.1 As part of the Dance Event, on 12 November 2011 the Finalists who have not been eliminated in the course of previous rounds will be given the opportunity to perform in front of three (3) judges, none of whom will be employees of the Promoter or its group companies.
6.2 The judges will assess the Finalists taking account of the following criteria:
6.2.1 Entrants will need to show primarily that they are highly skilled at both choreographed and freestyle dance.
6.2.2 They will need to learn routines quickly, demonstrate muscle memory, adapt to changes, and make the moves their own.
6.2.3 Formal technique and training in a variety of styles (e.g., Hip Hop, Contemporary Jazz, Latin) is not mandatory but a plus.
6.2.4 They will need to demonstrate that they are able to work effectively with others in both group and partner dance routines.
6.2.5 An emotional connection to their partners and the audience must be present in their performance.
6.2.6 Most importantly, entrants will be judged on how unique they are (e.g. having an innovative dance style, or a rare skill).
6.2.7 Entrants will also be judged on physical ability (e.g., strength, endurance).
6.2.8 They should demonstrate a professional and positive attitude which includes coming to rehearsals prepared, adhering to rehearsal etiquette and being punctual.
6.2.9 Entrant's personality, charisma and outlook will be taken into consideration.
6.3 If the judges determine that one of the Finalists demonstrates the criteria set out in 6.2.1 - 6.2.9 to a sufficiently high standard, the judge(s) may give that Finalist (the "Selected Dancer") the opportunity to enter into an employment contract (the "Employment Contract") with the operator of Madonna's next world tour (name to be announced) (the "Tour") in order for the Selected Dancer to be engaged as a full-time member of the dance troupe for the Tour. The assessment of the Finalists shall be made at the discretion of the judges and the decision of the judges shall be final.
6.4 The Promoter makes no guarantees that the Selected Dancer will be awarded the Employment Contract. In order for the Selected Dancer to get the opportunity to enter into the Employment Contract, the Selected Dancer will need to demonstrate to the Tour operator's satisfaction that he/she meets the minimum required competency and skill standards as determined by the Tour operator in its sole and absolute discretion.
6.5 The Promoter has no involvement with and is in no way responsible for the Employment Contract. The Promoter will not be responsible for any consequences resulting from the Selected Dancer and the Tour operator entering into and/or performing the Employment Contract or from the Selected Dancer being subject to any applicable employment law. The Employment Contract will be between the Tour operator and the Selected Dancer. The Selected Dancer will not in any way or at any given point be deemed to be an employee of the Promoter or any of its group companies at any time.
6.6 The Promoter does not guarantee the actions of the Tour operator in relation to entering into the Employment Contract. The Promoter does not guarantee that the Selected Dancer will receive any employment, benefits, compensation or any other term and/or condition of the Employment Contract. The Promoter makes no representations regarding possible employment, benefits, compensation or any other term and/or condition of the Employment Contract.
6.7 The Promoter accepts no liability to the Selected Dancer arising out of or in connection with the Employment Contract and/or its termination.
6.8 Rehearsals for the Tour are provisionally due to commence in the first quarter of 2012 and the Tour is provisionally scheduled to run throughout 2012 and possibly beyond. Entrants must therefore be available to participate in the Tour for these dates if they are to be in with a chance of being chosen as the Selected Dancer. Entrants must also be aware that dates for the Tour are provisional only and are subject to change.
6.9 Countries/continents which may be included in the Tour are USA, South America, Canada, Europe, Australia and New Zealand. Entrants must however be aware that the destination countries for the Tour are not yet confirmed and are subject to change at any time.
6.10 The Employment Contract may include the following:
6.10.1 travel expenses as determined by the Tour operator;
6.10.2 accommodation and per diem (i.e. a daily expense allowance) while on the Tour as determined by the Tour operator; and
6.10.3 appropriate pay commensurate with the Selected Dancer's experience and other factors.
6.11 The precise terms and conditions of the Employment Contract are to be agreed between the Selected Dancer and the Tour operator.
6.12 The Selected Dancer may be required to write a blog (no more than monthly) about their experiences while on the Tour. The Selected Dancer may be required to enter into a separate contract with the Promoter in relation to writing a blog and the involvement in additional promotional activities while on the Tour.
6.13 The Selected Dancer will work as a full-time member of the Tour dance troupe in accordance with the terms of the Employment Contract and will be required to perform employment duties comparable to other members of the Tour dance troupe, such duties to be set out in the Employment Contract.
6.14 The obtaining, and costs, of visas, permits and other similar documents in relation to the Selected Dancer's participation in the Tour are the responsibility of the Tour operator and the Selected Dancer will only be able to participate in the Tour if he/she is eligible for the visas required for the countries of the Tour and if approved visas are in fact obtained. The Promoter is in no way responsible and accepts no liability in relation to the obtaining, and costs, of visas, permits and other similar documents in relation to the Selected Dancer's participation in the Tour.
6.15 Entrants must be aware that the salary the Selected Dancer receives pursuant to the Employment Contract may be subject to taxation. It will be the responsibility of the Selected Dancer and the Tour operator to pay any/all such taxes to the appropriate authority. In no way will the Promoter be responsible for any social security contributions, income or any other taxes payable in relation to the Employment Contract.
6.16 Entrants must be aware that the Employment Contract will be terminable at will by the Tour operator and subject to the standard Tour employment terms and conditions. The Promoter is in no way responsible for the Employment Contract or the actions of the Tour operator. In the event that, following signature of the Employment Contract, the Tour operator terminates the Employment Contract for any reason, the Promoter will not compensate the Selected Dancer nor offer the Selected Dancer any prize or reward as an alternative.
6.17 The Tour operator will give the Selected Dancer the opportunity to receive independent legal advice prior to the signing of the Employment Contract at the Tour operator's expense. The Promoter accepts no responsibility or liability in respect of any such advice and will not be responsible or liable in any way if the Selected Dancer chooses to enter into an Employment Contract either without having received any such legal advice or on the basis of any such legal advice.
7.1 The Promoter reserves the right, at its sole discretion, to disqualify any individual who has tampered with the entry process.
7.2 The Promoter reserves the right to withdraw or amend the Contest and the nature of the Prize (to an alternative of equal or greater value) in the event that it or its conduct of the Contest is affected or is likely to be affected by any unforeseen circumstances and/or circumstances outside its reasonable control. The Promoter shall not be in breach of these terms and conditions, nor liable for delay in performing, or failure to perform, any of its obligations under these terms and conditions, if such delay or failure result from events, circumstances or causes beyond its reasonable control.
7.3 The name of the Selected Dancer and the Finalists will be published on www.smirnoff.com, www.facebook.com/smirnoff and all other SMIRNOFF online channels (e.g. Twitter). The name of the Selected Dancer and the Finalists will also be made available on request to those enclosing a stamped self-addressed envelope to SMIRNOFF Nightlife Exchange Project Dance Contest 2011, 801 Main Avenue, Norwalk, Connecticut 06851, Attention: Paul Sirisant.
7.4 In the event any person has a complaint regarding the operation of this Contest, please send that complaint in writing by email to Smirnoff@consumer-care.net. The Promoter will use all reasonable endeavours to consider any complaints but will not be obliged to reply.
7.5 The Promoter's and the judges' decisions are final in every situation including any not covered above and no correspondence will be entered into.
7.6 To the extent permitted by applicable law, the Finalists consent to the use by the Promoter and its related companies, both before and after the closing date of the Contest for an unlimited time, of their voice, image, photograph, name and likeness for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by the Promoter and its related companies) and in advertising, marketing or promotional material without additional compensation or prior notice and in entering the Contest, all entrants consent to the same. The Finalists and the Selected Dancer shall, on the Promoter's reasonable request, participate in all required promotional activities, including photo shoots.
7.7 An entrant's personal data will only be held by the Promoter and its affiliates, and YouTube as outlined in these terms and conditions and in accordance with the Privacy Policies available at: https://www.smirnoff.com/privacy.aspx, http://www.youtube.com/t/privacy, and www.facebook.com.
7.8 By entering the Contest entrants agree that their personal data submitted as part of the entry process (including their email address) will be stored and processed by or on behalf of the Promoter and its affiliates as data controller in accordance with applicable data protection laws and that such storage and/or processing may occur outside of the entrant's country of residence (including outside the European Economic Area for entrants who are resident within the European Economic Area). Entrants agree that such data may be used to contact them, for the purposes of the administration and conduct of the Contest, and for publicity purposes as stated above and for the provision of the Selected Dancer and the Finalists' names on request to third parties. A request to access, update, delete or correct any information should be directed to the Promoter at the address set in these terms and conditions.
7.9 You agree that, to the extent permissible by law, the Promoter and its affiliates, agents and their employees and directors assume no liability for injuries, losses or damages of any kind to property or persons, resulting in whole or part, directly or indirectly, from entry into the Contest, any acts or omissions of an entrant, or participation in the Contest in any way. Entrants acknowledge that dancing is a physical activity and that injuries are possible but, by entering the Contest, entrants agree to participate at their own risk.
7.10 Nothing in these terms and conditions shall exclude the Promoter's liability for death or personal injury as a result of its gross negligence.
7.11 These Terms and Conditions constitute the entire agreement between you and us in relation to their subject matter and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever between us.
7.12 The failure by the Promoter to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
7.13 If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
7.14 The Promoter may assign or otherwise transfer its rights and obligations under these Terms and Conditions to third parties.
7.15 These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, USA without regarding to conflicts of laws principles. The parties irrevocably submit to the non-exclusive jurisdiction of the federal and state courts of New York, New York, USA.
7.16 Promoter shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate this promotion, or any part thereof, at any time, for any reason, without notice or further obligation.
7.17 The Promotion is void where prohibited or restricted by law.
7.18 You accept the conditions stated in these official rules and terms, agree to be bound by the decisions of the Promoter, and warrant that you are eligible to participate in this contest. Notwithstanding the review of any video by the Promoter, you understand and agree to bear sole liability for the contents of your video and agree to indemnify the Promoter and YouTube LLC for any damages and/or costs incurred as a result of any third party's claim or demand relating to the content of your video. You further agree to indemnify and to keep the Promoter and YouTube LLC fully indemnified against all claims, costs, proceedings, actions, demands, damages and/or liabilities whatsoever incurred by and/or awarded against and/or compensation agreed by the Promoter or YouTube LLC in consequence of any breach or non-performance by you of the warranties specified in these terms and conditions.
7.19 You hereby acknowledge and agree that the relationship between you, the Promoter and (where you have entered via www.youtube.com/smirnoff) YouTube LLC is not a confidential, fiduciary, exclusive or other special relationship, and that your decision to submit your entry does not place the Promoter or YouTube LLC in a position that is any different from the position held by members of the general public with regard to elements of your entry, other than as set forth in these terms and conditions.
8.1 To the fullest extent permissible by applicable law, you agree that YouTube LLC shall not be liable for any economic losses, loss of goodwill or reputation or special, indirect or consequential losses (whether or not such losses were within the contemplation of you and YouTube LLC at the date of your upload of your entry to www.youtube.com/smirnoff) suffered or incurred by you arising out of or in connection with these terms and conditions and the Contest. YouTube LLC's aggregate collective liability to you arising from or relating to these terms and conditions and the Contest (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to $100.
8.2 Nothing in these terms and conditions shall be construed so as to limit or exclude either you or YouTube LLC from liability for fraudulent misrepresentation, personal injury or death.
(c) The Smirnoff Co., Norwalk, CT
Please Drink Responsibly.
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This Privacy and Cookie Notice provides a high-level overview of our full Privacy and Cookie Notice (click here to access). It summarises important information regarding how we collect, use, and share any personal information collected. This Privacy and Cookie Notice applies to personal information collected through this website www.smirnoff.com, which is operated by Diageo plc - the world's leading premium drinks business - or one of its group of companies. Smirnoff is one of Diageo's outstanding collection of beverage alcohol brands.
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Date last revised: 2008
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Section 3 - Description of personal information
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(f) law enforcement, governmental or regulatory agencies, or other third parties in order to comply with applicable law, or where we believe such action is necessary in order to comply with applicable law, or to detect, protect, or defend us and/or other third parties against error, negligence, breach of contract, theft, fraud, or other illegal or harmful activity, to comply with our audit and security requirements, or to audit compliance with our corporate policies, procedures, legal, or contractual obligations.
Information that you post on or through the public areas of the site (e.g., chat rooms, bulletin boards, discussion groups, or Social Networking modules) generally is accessible to, and may be collected and used by, others, and may result in unsolicited messages or other contact from others. You should not provide personal information about yourself in public (or interactive) areas of the site. Such personal information is not covered under this Privacy and Cookie Notice.
We take security seriously and take precautions to keep your personal information secure. We have put in place appropriate physical, electronic, and managerial procedures to safeguard the information we collect. however, we have no control over the privacy of any communications while it is in transit to us. We therefore recommend that you not include confidential, proprietary, or sensitive information in any such communications.
In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If such a notification is appropriate, we will endeavour to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email.
You are reminded that, in accordance with the Terms and Conditions for this website, which include this Privacy and Cookie Notice, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you wish to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this obligation.
At your request and where the law requires us to do so, if you contact us using the unsubscribe details provided below we will confirm what personal information we hold about you, update your information, remove your information, fulfil specific opt-out requests (including requests where you previously opted in with respect to the use of your personal information), and/or correct any inaccuracies in such personal information.
If you would like to unsubscribe from Smirnoff communications, or from all communications about Diageo brands, please contact: firstname.lastname@example.org
If you have given permission to receive communications about Diageo brands generally (for example, by opting to receive news and special offers by email about Diageo's other great alcohol brands), you may from time to time receive communications about brands to which you have not opted in specifically. Information about many of Diageo's brands can be found at www.diageobrands.com.
We occasionally may send you communications about brands not featured on www.diageobrands.com (e.g., new brands). We recommend that you refer to www.diageobrands.com from time to time as the list of featured brands will be updated periodically.
Providing general permission for us to communicate with you about our brands does not mean that you will receive communications about all of Diageo's brands. We will only communicate with you about those brands that we think may be of particular interest to you. Any such communications will provide you with an opportunity to unsubscribe from the brand in question and/or from all communications about Diageo brands.
If you have any privacy-related questions, concerns or complaints, please contact: Data Privacy Officer, Corporate Centre Legal Team, Diageo plc, Lakeside Drive, London, NW10 7HQ, United Kingdom.
The site may contain links, references, and content from other websites outside of our control. Please be aware that we have limited or no control over these websites and our Privacy and Cookie Notice does not apply to these sites. We encourage you to read the Privacy and Cookie Notices and terms and conditions of any linked, referenced, or interfacing websites you enter.
This Privacy and Cookie Notice will be supplemented by additional legal requirements in jurisdictions where we conduct business as required. Nothing in this Privacy and Cookie Notice or otherwise will create, or add to, any right or claim (whether legal, equitable, or otherwise) that any individual or person may have at law or otherwise against the company or any third party, or any of their respective directors, officers, employees, agents, or representatives (collectively the "Diageo Group"), nor will the existence of this Privacy and Cookie Notice or its application impose or add to any obligations upon or create any liability for the Diageo Group that it does not already otherwise have under law.
©The Smirnoff Co. 2011. Norwalk CT. All rights reserved.
Version 9.2 dated 15 September 2011
The Website Terms and Conditions set forth below have been approved by our legal teams for use only in GB, Ireland and NA.
Markets other than GB, Ireland and NA are required where appropriate to translate the wording into their local language and to make any essential changes to comply with local laws.
Markets/brands can tailor copy for tone provided no substantive changes are made to the meaning.
Marketing teams should obtain the approval of local legal counsel and/or the relevant Diageo IP counsel representing the brand (with any substantive changes approved by a member of the Digital Governance Leadership Team).
The Terms and Conditions have been worded to deal with the broadest possible range of content to ensure maximum legal protection and the minimum need for revisions as a website evolves or takes on new functionality.
There are mandatory requirements about use of the Terms and Conditions on websites. For example, consumers are deemed to 'Accept' the Terms and Conditions when they first enter the site; a link to the Terms and Conditions must be contained on every page.
Websites featuring, e.g., competitions, promotions, or online sales will require additional specific Terms and Conditions to cover these activities in addition to these general Terms and Conditions.
In the body of the Terms and Conditions you will see Text highlighted in GREY. This allows for text relating to a specific brand, website address, and/or jurisdiction to be inserted as appropriate. Update these areas before you publish these Terms and Conditions on a website. The GO LIVE DATE is the date on which you publish the latest version of these Terms and Conditions on your site.
Effective Date: [15 September 2011]
Any use by you of the website operated by Diageo Moet Hennessey Thailand at www.smirnoff.com (the "Site") is conditional upon your acceptance of these Website Terms & Conditions of Use, including our Privacy and Cookie Notice (collectively, "Terms & Conditions"). We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility to review this page periodically for updates, which shall come into effect when posted. (See the box below for a summary of updates.) Your continued use of the Site constitutes acceptance of these Terms & Conditions. We reserve the right to change, modify, suspend, or discontinue any portion, features, or content of the Site at any time. We also may impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability. The Site is operated by a member of the Diageo group of companies, the ultimate holding company of which is Diageo plc (registered in England and Wales with company number 23307 and registered address at 8 Henrietta Place, London W1G 0NB, United Kingdom).
The Site is intended for your use only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or access, and you should leave the Site immediately.
You may restrict access to this site using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS IN THEIR ENTIRETY PLEASE LEAVE THE SITE NOW.
All references to 'our', 'us', 'we', or 'company' within these Terms & Conditions are deemed to refer to Diageo plc, its subsidiaries, affiliates and associates.
1. Rights - All rights in all material and content (including, but not limited to, text, images, web pages, sounds, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof) on the Site are owned or licensed by us. You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Terms & Conditions.
2. Intellectual Property - Unless otherwise indicated, we are the owner and/or authorised user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the "Intellectual Property") appearing on or contained within the Site. Except as provided in these Terms & Conditions, your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the Intellectual Property is prohibited.
3. Restrictions on Use - Except as expressly authorized by law, by us, or by the applicable licensor in writing, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, or to create derivative works of, any or all of the materials or content available on the Site, or to use it for commercial purposes
The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of Linked Content from Interfacing Sites (as described in Section 5 below) (collectively, "Public Forums"), which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings ("Postings"). We may or may not actively monitor Postings on Public Forums. Similarly, we may or may not exercise editorial control over Postings on any Public Forum. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk.
We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where, in our sole discretion, we believe that there may have been such a misuse.
The following examples constitute misuse of the Site:
This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Site or Public Forums that may result in the restriction, suspension, or termination of your use of the Site or Public Forums. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.
Any Postings you make will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.
You represent and warrant that your Postings are original to you, do not infringe on another party's intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any "moral rights" in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose.
We are not responsible for maintaining your Postings and we may delete or destroy them at any time.
CONTENT, INFORMATION, AND MATERIALS POSTED BY USERS TO PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.
5. Interfacing Sites - You acknowledge and agree that we have no responsibility for the content ("Linked Content") hosted by unaffiliated websites ("Interfacing Sites") to which you or we may link from the Site, or otherwise display on the Site via an application programming interface or other method.
We do not host or store Linked Content. The display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by or association with us of such Linked Content, Interfacing Sites, or products, advertising, or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such Interfacing Sites, or for any action taken by Interfacing Sites.
To utilize some of the functionality of the Site you may be required to establish an account with a username and password with Interfacing Sites. As these are unaffiliated sites, we are not responsible for any username, password, or other information these sites may collect. We also will never ask you to provide us with your password for Interfacing Sites. If you are unable to establish accounts on these Interfacing Sites for any reason, you may not be able to fully utilize the functionality provided by the Site.
6. Materials submitted by you - Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site or any of its services, by email or in any other way. Any information or material you submit that has not expressly been requested by us will be deemed not to be confidential, secret, or proprietary. You agree that any information or materials you submit to the Site, whether ideas, creative concepts or other materials, in any format (including, but not limited to, writings, images, illustrations, audio recordings, and video recordings), may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any "moral rights" in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be waived or excluded.
7. Accounts and Security - We may enable you to establish an account with a username and password to access and use certain areas of the Site, Public Forums, and other services. You may not create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing the Site. You shall provide us with accurate account information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity using your account and password. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
8. NO WARRANTIES - THE SITE IS PROVIDED "AS IS," AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED, OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS AND SHALL BE TO DISCONTINUE USING THE SITE.
9. THIRD PARTY GOODS AND SERVICES - WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES, AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
10. Your responsibility - You should always verify any information set forth on the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.
In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party's consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookie Notice and any uses we may make of such information.
11. NO LIABILITY - TO THE FULLEST EXTENT PERMITTED BY LAW WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, REGARDLESS OF WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER WE ARE OR HAVE BEEN EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, 3,000THB.
12. User Information - In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to such User Information are set forth in the Privacy and Cookie Notice. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
14. Restriction, Suspension and Termination - We may restrict, suspend, or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time if we believe that you have breached these Terms & Conditions. Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms & Conditions.
15. Entire Agreement - These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software, and you agree to abide by the terms and conditions of any such license agreements. Our failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in that provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may, at our option, cede, assign, or otherwise transfer any or all of our rights and obligations under the Terms & Conditions to any third party or parties at any time.
16. Copyright And IP Agent for the United States - We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the alleged infringing activity and where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Diageo North America, Inc., 801 Main Avenue, Norwalk, CT 06851. Attn: Evan Gourvitz, Sr. Counsel Litigation, Intellectual Property, Telephone No: 01 203 2294264, Facsimile No: 203-229-8925, Email: email@example.com.
We may not be able to remove Linked Content that is hosted by Interfacing Sites. You may need to contact the appropriate Interfacing Site for removal of your work.
17. Export Controls - To the extent that software or technical data is accessible through the Site, such software or technical data may be subject to export, re-export, and/or import controls imposed by the United States or any other jurisdiction, and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (b) anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department's Table of Denial Orders.
18. Law and Jurisdiction - These Terms & Conditions, including the Privacy Statement and any matter relating to the Site, shall be governed by local law without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms & Conditions that is against or relating to us or any indemnified party will be subject to the exclusive jurisdiction of any state or federal court sitting in Thailand, and you hereby irrevocably consent to the jurisdiction of such courts.
©The Smirnoff Co. 2011. Norwalk CT. All rights reserved.
To the nights you'll always remember, with the friends you'll never forget.
Please Drink Responsibly.
Smirnoff is committed to making nights out, nights in, or any time spent with alcohol, a Socially Responsible experience. We believe that responsible drinking is a valued and enjoyable part of celebrations in everyday life for most people who choose to drink. We take great care to only market our product responsibly to adults. We support programmes, practices and policies that create a more positive role for alcohol in society and address issues related to the misuse of alcohol. We encourage our consumers to make responsible decisions about drinking - or not drinking
It is our goal to provide you with everything you need in order to enjoy our product responsibly.
Here are a few resources to help you make responsible choices:
Alcohol affects different people in different ways. Two people can drink the same amount of alcohol and react differently because of their gender, weight, ability to process and breakdown alcohol or their tolerance to alcohol. Even the same person can drink the same amount of alcohol on different occasions and be affected differently on each occasion. Visit www.DRINKiQ.com .
Keep track of how much you drink. Pace yourself, alternate drinks with water to stay refreshed and have a bite to eat before or while you drink. These and many more helpful hints and tips will help you make it a night to remember, not to forget.
Getting home safely
Key to a successful night is having a safe way to get home. Think about how you're going to get home before you leave home - grab a cab or designate a driver.
Treat your Designated Driver to one of these delicious drinks that don't feature alcohol.
Want to know the facts about alcohol?