TERMS & CONDITIONS – The Pub that Refused to Die Campaign

The campaign is being run by Heineken Ireland Limited (“HIL”) with a registered address at Ladyswell Brewery, Cork. Co. Cork (“the Promoter”).

The purpose of the Campaign is for Heineken, through its Sales Team, to provide advice, guidance, and support to existing publicans and to individuals interested in becoming publicans. This includes sharing industry knowledge, best practice insights, and practical recommendations to help publicans operate successful licensed premises and to assist prospective publicans in understanding the requirements and opportunities involved in entering the trade (the “Services”)

To enter this Campaign, you must be either an existing publican or an individual who wishes to become a publican. You must be over 18 years of age and have willingly registered your interest in taking part in the Campaign on the Pub that Refused to Die website.

By entering the Campaign, you will be deemed to have read and agreed to these terms and conditions of the Promotion. Employees and/or relatives of employees of the Promoter, its associated companies and any agents connected to the Promotion are not eligible to enter the Promotion.

The Campaign is free to enter, and no purchase of product is necessary.

To enter the Promotion, consumers must:

1. Register their interest by completing all necessary fields on https://www.heineken.com/ie/en/thepubthatrefusedtodie/
2. Engage with The Promoter’s appointed staff to meet and understand all outstanding criteria.
3. Any other costs incurred that are incidental are the sole responsibility of the Promotional Participant (as defined below), including without limitation all taxes, insurance, fees and surcharges.

Publicity

If one of the Campaign Participants receives advice from the Promoters Sales Staff, they may be required for publicity purposes. Campaign Participants agree by entering the Promotion to participate in such publicity including but not limited to the publication of their name, videography and photographs for advertising and/or promotional purposes.

Should an applicant be unable or unwilling to take part in any such publicity, the Promoter may at its discretion choose to cease their involvement in the Campaign.

1. Personal Data

   1.1. The personal data provided by you in the context of this Campaign will be processed by the Promoter in accordance with our privacy policy available on heinekenireland.ie/privacy-policy. The details you provide to the Promoter will be stored by the Promoter in order to carry out promotional activities around the Campaign and to give effect to the Services (as defined below) . You can request Heineken® at any time to provide access to the personal data it has collected about you. You can request Heineken® at any time to correct or to delete such personal data. You can send requests for access, correction or removal for your personal data to privacy@heineken.ie mentioning your name and email address.

2. Campaign

   2.1. The purpose of the Campaign is whereby the Promoter will provide the Services.

   2.2. The Promoter, its officers, or it’s employees are not a financial advisor and any information contained on the Promoter’s website are its own views and not for the purposes of providing any financial, tax, legal, general business advice, or investment advice to any Campaign Participants. None of the information provided on the Website or by the Promoter should be relied upon by any Campaign Participant for the purposes of running a pub without seeking secondary advice. The Campaign Participant’s use of this information contained on the Website shall be at the Campaign Participant’s own risk.

   2.3. All content and information on the Promoter’s Website is for the purpose of the Promotion, does not constitute legally binding advice and does not establish any kind of business relationship between the Promoter and the Campaign Participants.

   2.4. The Campaign Participants should carry out their own due diligence and investigations into the requirements for either running or purchasing a licensed premises. The Promoter does not conduct any investigations or due diligence including from the Campaign Participants and the Campaign Participant should seek their own independent legal, tax, and other relevant advisors to evaluate the Business. This includes, but not limited to, associated liabilities, financial statements, tax returns, and any other facts or information which may impact the Campaign Participant’s decision to enter into the licensed trade or actions taken to run their current licensed premises.

   2.5. The Promoter to the maximum extent provided by law accepts no responsibility nor liability whatsoever, for any claims, losses, expenses or damages howsoever arising whether direct, indirect or consequential special, exemplary, or other damages, including but not limited to, loss of revenue or income, pain or suffering, emotional distress, or similar damages in respect of any omission or consequences of actions taken by the Campaign Participants based on any information, opinions or advice contained within the Promoters Website of any information given by the Promoter during the Promotion.

   2.6. It is for the Campaign Participant’s sole responsibility to determine that the business meets the needs of their future business and are suitable for the purposes for which they are used. In providing the Services, the Promoter does not act as a Broker and is not authorised by the seller of the Business or the Campaign Participants in their capacity as Buyer to act on their behalf in negotiating terms for the sale and purchase of the Business.

   2.7. The Promoter is not a party to any transaction between the Campaign Participants and the seller of the Business. In such circumstances that the Campaign Participants and the seller of the Business enter into a transaction for the purchase of the Business, both parties agree that neither party shall have any cause of action against the Promoter arising out of the transaction.

   2.8. The Promoter is not responsible for:

   2.8.1. the suitability of the legality of the Business.

   2.8.2. the truth, accuracy, or completeness of the information provided by the seller of the Business to the Campaign Participants.

   2.8.3. The future performance of the Business.

   2.8.4. The condition of the Business or the property the Business is contained in.

   2.8.5. The presence or condition of any items in the Business or the property the Business is contained in.

3. Services

   3.1. The Services will be issued subject to proof of valid identification and age verification.

   3.2. No cash alternative is available; the offer is non-transferable, non-exchangeable and non-refundable.

   3.3. Entries on behalf of another person will not be accepted and joint submissions are not allowed.

   3.4. The Promoter will not accept any entries that are: (2) automatically generated by computer; (b) completed by third parties in bulk; (c) illegible or have been altered, reconstituted, forged or tampered with; (d) photocopies and not originals; (e) incomplete.

   3.5. Use of a false name, address or supply of inaccurate information will disqualify you from the Services.

   3.6. The Promoter reserves the right to disqualify you if your conduct is contrary to the spirit or intention of the Promotion.

   3.7. In the event of an epidemic, pandemic or otherwise and the offer becomes unavailable, or the time of the offer is changed whether owing to health guidelines issued by the relevant Government in this Jurisdiction or the Jurisdiction to which the offer relates or otherwise, the Promoter reserves the right to offer to the applicant the offer for the alternative date.

   3.8. The Promoter accepts no responsibility for entries not received or for undelivered or delayed messages which were unable to be sent or received due to technical failure or any other reason beyond its control. No responsibility will be accepted by the Promoter for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet, accessibility or availability or for traffic congestion or unauthorised human act.

   3.9. The Promoter reserves the right to disengage with any applicant if there is any suspicion of fraud or in the event that application notification has been incorrectly (e.g. by reason of technical fault, computer and/or printing error) printed and/or generated and/or sent to the winner on the Promoter’s behalf.

   3.10. No warranty or guarantee is given by the Promoter in relation to the offer and to the fullest extent permitted by law, the Promoter, its agents, associated companies, and trading partners will not be liable for any loss, damage, delay, additional expenses, injury or death howsoever caused, whether in contract, tort (including without limitation, negligence, fraud or malicious act), statutory or otherwise arising out of the Promotion or receipt or use of the offer, pursuant to the Promotion and the Promoter does not recommend or guarantee the performance of any contractor or the obligations of any third parties associated with the offer (including without limitation the promoter of the offer) and will not be liable for any fraud committed by any third party.

   3.11. Successful applicants will be contacted in a timely period by relevant agents of the Promoter. The applicant will be contacted via the contact details provided on the registration form which could include email, telephone or social media. The Promoter will make reasonable efforts to contact the applicant. If the applicant cannot be contacted, is unavailable or has not claimed their prize by within 72 hours the Promoter reserves the right to select an alternative applicant. The Promoter does not accept any responsibility if any applicant is not able to take up the offer. The offer may not be claimed by a third party on behalf of the applicant.

   3.12. During the Promotion, any request or complaint concerning the Promotion and Terms and Conditions may be sent via e-mail to the Promoter at info@heineken.ie stating your name, address, e-mail address and telephone number. In the event of any dispute regarding the rules, conduct or results of the Promotions the decision of the Promoter will be final.

   3.13. The Promoter reserves the right to vary, cancel or modify the Promotion and/or the Terms and Conditions at any time and for whatever reason and/or amend or withdraw the Promotion (and/or any related offers) in whole or in part at any time due to unforeseen circumstances. The Promoter is also entitled to vary the offer if, due to unforeseen circumstances it becomes impossible to provide the offer as described or in its opinion, it would be inappropriate in any way.

   3.14. The Promotion and these Terms and Conditions are governed by Irish law and subject to the exclusive jurisdiction of the Irish courts.

   3.15. Heineken promotes responsible drinking. Please visit drinkaware.ie for more information.