THE KETEL ONE® “A GENTLEMAN’S CALL” CONTEST
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AGE 25 OR OLDER AT TIME OF ENTRY. VOID IN CALIFORNIA AND WHEREVER ELSE PROHIBITED OR RESTRICTED BY LAW. U.S. LAW GOVERNS THIS CONTEST.
ELIGIBILITY: The Ketel One “A Gentleman’s Call” Contest (the “Contest”) is open only to legal residents of the fifty United States and the District of Columbia (except California) who are 25 years of age or older as of the date of entry. The Contest is void in California, Puerto Rico and where prohibited. Employees of Diageo Americas, Inc. (“Sponsor”) or any of its affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers, importers, wholesalers, distributors or retailers, and such employees’ immediate family and household members, are not eligible to enter the Contest. In the event of a dispute regarding any entry, the entry will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry (i.e., the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address).
HOW TO ENTER: The entry period for the Contest begins at 9:00 a.m. Eastern Standard Time (EST) on May 14, 2012 and ends at 11:59:59 p.m. EST on July 29, 2012 (the “Entry Period”). To enter, visit www.agentlemanscall.com or www.facebook.com/KetelOne (collectively, the “Website”) and follow the on-screen entry instructions. Each entrant will be required during the Entry Period to submit his or her name, street address, city, state, zip code, e-mail address, telephone number, date of birth and such other information as Sponsor may require and to submit via the Website a written description of an idea for a project that furthers the values of entrepreneurship, craftsmanship and/or philanthropy and how the entrant would implement the project if selected as a Grand Prize winner in the Contest (the “Submission”). All entries must be completed and received by Sponsor by no later than 11:59:59 p.m. EST on July 29, 2012. Proof of submission does not constitute proof of entry. Normal time rates, if any, charged by the entrant’s Internet service provider will apply. There is a limit of one (1) entry per person. Additional entries past the one (1) entry limit will result in disqualification. Facebook account and e-mail address. No purchase is necessary to enter or win. All federal, state and local laws apply.
SUBMISSION GUIDELINES: Each Submission must be original and not have been entered in any other contest or violate the rights of other parties, including but not limited to any intellectual property, trade secret or other proprietary rights of any other parties. Each Submission must not, in the opinion of the Judges (as defined below) and/or the Sponsor be obscene, provocative, lewd, libelous, reflect poorly on the Ketel One brand or alcohol beverage consumption generally, or be otherwise inappropriate for use in advertising or for promotional or publicity purposes, as determined by the Judges and/or the Sponsor in their sole discretion. Each Submission must be unpublished and must be the work solely of the entrant. Judges will disqualify any Contest entry published in magazines, papers, or any other medium, or entered in other contests. Each Submission must contain no more than 1,000 characters (including spaces and punctuation) and be written in English. Sponsor reserves the right in its sole discretion to disqualify and/or not to post on the Website any Submission that Sponsor determines does not comply with these guidelines, to make such changes to any Submission as are necessary to make it compliant, to require the entrant to do so, or to take such other action as Sponsor deems appropriate in its discretion with respect to any non-compliant Submission.
SELECTION OF SEMI-FINALISTS AND FINALISTS: Selection of Semi-Finalists: On or about July 31, 2012, approximately ten (10) Semi-Finalists will be selected by judges designated by Sponsor (“Judges”) from among all Submissions submitted in accordance with these Official Rules during the Entry Period. The Judges will assess each Submission based on the following criteria, weighted equally (“Semi-Finalist Selection Criteria”): (a) originality; (b) relevance to the values of entrepreneurship, craftsmanship and /or philanthropy; (c) extent to which the Submission explains how the entrant, if selected as a Grand Prize winner, would use the prize to implement the idea described in the Submission; (d) feasibility of implementation of the entrant’s idea; and (e) overall impression. The ten (10) entrants who submitted the Submissions that receive the ten (10) highest average ratings from the Judges will be the Semi-Finalists. In the event of a tie, the tie will be broken on the basis of the tied entrants’ “overall impression” rating. Selection of Finalists: Between approximately August 1, 2012 and August 8, 2012, the Judges will conduct phone interviews with each of the Semi-Finalists to discuss the feasibility of the Submission and the Semi-Finalist’s ability to implement their Submission (the “Semi-Finalist Interview”). If any Semi-Finalist cannot be reached during a period of forty-eight (48) hours by telephone at the telephone number provided by the entrant as part of the entry, Sponsor will have the right in its discretion to disqualify the Semi-Finalist and another Semi-Finalist may be selected (based on the next highest score) at the sole discretion of the Sponsor. Five (5) Semi-Finalists will be selected as potential Finalists (subject to verification), based on a combination of their average ratings from the Judges based on the Semi-Finalist Judging Criteria and their average ratings from the Judges based on their phone interviews, weighted equally. In the event of a tie, the tie will be broken on the basis of the tied entrants’ “overall impression” ratings received from the Judges in connection with application of the Semi-Finalist Selection Criteria.
FINALIST NOTIFICATION AND VERIFICATION: The potential Finalists will be notified by email (sent to the e-mail address provided by the entrant when entering) and/or telephone, in Sponsor’s discretion, between approximately August 13, 2012 and August 24, 2012. Each potential Finalist is subject to verification. Each potential Finalist will be required to complete and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release (certifying, among other things, that the Submission complies with the guidelines set forth in Section 3). If a potential winner cannot be reached or does not respond within forty-eight (48) hours of the initial notification attempt, or fails to complete and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release (where permitted by law) within three (3) days of delivery to the potential winner of the same, or if any attempted notification or prize delivery is returned as undeliverable, the potential Finalist may in Sponsor’s discretion be disqualified and another Finalist may be selected (based on the next highest score) at the sole discretion of the Sponsor. The guest who will accompany the Finalist on the trip that constitutes part of the Finalist’s Prize (as described below) also must sign and return a liability/publicity release form prior to travel. Each potential Finalist, to be eligible to receive a Finalist’s Prize, must be available for and able to participate in the photo shoot that comprises part of the Finalist’s Prize as described in Section 7 below.
SELECTION OF THE GRAND PRIZE WINNER: One (1) potential Grand Prize winner will be selected from among the Finalists. From approximately October 15, 2012 through November 26, 2012 (the “Public Voting Period”), the Finalists’ Submissions will be posted on the Website for public viewing and judging by Website visitors (“Public Vote”). During the Public Voting Period, Website visitors will be instructed to vote for the Contest winner based on the following criteria: (a) extent to which the idea is likely to be inspiring to others; and (b) originality (the “Public Judging Criteria”). There will be a limit of one (1) vote per person and e-mail address per day during the Public Voting Period. If Sponsor determines or suspects that a single person has submitted votes in excess of the stated daily maximum, or that any votes submitted are illegitimate, the result of fraud or are otherwise suspect (as determined by Sponsor in its discretion), Sponsor will have the right in its discretion to disqualify any or all of the affected votes and/or to take such other actions as it deems appropriate. The use of any automated launching or entry software or any other mechanical or electronic means that permits visitors to vote repeatedly is prohibited. Each Finalist will receive a score from the Judges based on a combination of the results of the Public Vote (35%) and the scores previously given by the Judges applying the Semi-Finalist Selection Criteria and with respect to the Semi-Finalist Interview (65%) (the “Grand Prize Winner Selection Criteria”). The Finalist who submitted the Submission that receives the highest score based on the Grand Prize Winner Selection Criteria will be the potential Grand Prize winner. In the event of a tie, the tie will be broken based on the tied Finalists’ “overall impression” score from the Judges in connection with the application of the Semi-Finalist Selection Criteria. The potential Grand Prize Winner will be required to sign and return a Prize Acceptance Agreement in the form provided by Sponsor, without alteration, as a condition of receiving the Grand Prize. The person who will accompany the Grand Prize winner as a guest on the Grand Prize trip must also sign a Publicity/Liability Release in the form provided by Sponsor, without alteration, within the time period specified by Sponsor. The Grand Prize winner will be announced in mid-January, 2013.
PRIZES: Grand Prize: One (1) Grand Prize will be offered. The Grand Prize is (a) one hundred thousand dollars ($100,000), awarded in the form of a check, to be used by the Grand Prize winner to execute the idea described in the Grand Prize winner’s Submission, and (b) a trip for the Grand Prize winner and one (1) guest to a location determined by Sponsor to attend an event in the winner’s honor. The trip consists of round trip, coach-class air transportation for the winner and guest between the major airport nearest to or in the vicinity of the winner’s home (as determined by Sponsor in its discretion) and the major airport nearest to or in the vicinity of the event location (as determined by Sponsor in its discretion), provided the winner resides more than 250 miles from the event location; hotel accommodations for the winner for two (2) nights (double occupancy) at a hotel selected by Sponsor (room rate and taxes only; size and type of room determined by Sponsor); and $200 in spending money for the Grand Prize winner. If the Grand Prize winner resides 250 or fewer miles from the event location, Sponsor may in its discretion substitute ground transportation for the air transportation component of the prize. The winner and guest must travel on the same itinerary. The guest must be at least twenty-one (21) years of age. The approximate retail value (“ARV”) of the Grand Prize is $103,000. The exact value will depend on market conditions at the time of provision of the trip component of the prize. The Grand Prize winner will at the request of Diageo keep Diageo informed as to the status of the winner’s implementation of his or her idea and the winner’s use of the funds awarded as part of the Grand Prize. Finalist’s Prizes: Five (5) Finalist’s Prizes will be offered. The Finalist who ultimately is selected as the Grand Prize winner will also receive a Finalist’s Prize. Each Finalist’s Prize consists of a trip for the Finalist to New York City or Los Angeles, California (as determined by Sponsor in its discretion) to participate in a photo shoot for GQ magazine. The trip consists of round trip, coach-class air transportation for the winner between the major airport nearest to or in the vicinity of the winner’s home (as determined by Sponsor in its discretion) and an airport in the New York City or Los Angeles, California metropolitan area, as applicable, provided the winner resides more than 250 miles from the destination city; participation in a photo shoot for GQ magazine; hotel accommodations for the winner for two (2) nights at a hotel in the New York City or Los Angeles area (as applicable) selected by Sponsor (room rate and taxes only; size and type of room determined by Sponsor); and $200 in spending money for the Finalist. If the Finalist resides 250 or fewer miles from the destination city, Sponsor may in its discretion substitute ground transportation for the air transportation component of the prize. The trip is tentatively expected to take place between September 4, 2012 and September 6, 2012, but the dates of the trip will be determined by Sponsor in its discretion and are subject to change. All creative and business decisions regarding the photo shoot and the production and use, if any, of the results and proceeds thereof (including whether to utilize any photograph(s) of any Finalist and in what manner) will be made by Sponsor and Condé Nast in their sole discretion. The Finalists will not be entitled to receive any fees, residuals or other compensation of any kind in connection with any such production or use. The ARV of each First Prize is $1,500. The exact value will depend on market conditions at the time of provision of the trip. General Prize Terms and Conditions: The total ARV of all prizes is $110,500. The specific trip dates and itinerary, event locations and details and all other prize details will be determined by Sponsor in its discretion. Travel and accommodation restrictions and other additional restrictions may apply. If a potential Finalist or the potential Grand Prize winner is not available for the trip or prize event on the dates specified by Sponsor or otherwise elects not to participate in the trip or prize event, Sponsor may in its discretion deem the prize to be forfeited and disqualify the potential Finalist or Grand Prize winner. and another Finalist or Grand Prize winner may be selected (based on the next highest score) at the sole discretion of the Sponsor. No substitution will be made in the event the winner is not available for the trip or event on the dates specified by Sponsor or otherwise elects not to participate in the trip or event. The winner is responsible for obtaining all required travel documents. Tickets and passes may not be sold or transferred. All expenses and costs associated with the acceptance or use of any prize that are not expressly specified in these Official Rules as being part of the prize (including without limitation, costs of additional travel, souvenirs, incidentals and food) are the responsibility of the winner.
GRANT OF RIGHTS: Entry constitutes an irrevocable grant of permission to Sponsor and its parent companies, subsidiaries and affiliates, each of their advertising and promotion agencies, Condé Nast and the successors, agents, contractors, licensees and designees of each of the foregoing (all of the foregoing, the “Contest Entities”), to use the entrant’s name, likeness (including without limitation photographs and/or recordings of the entrant), voice and biographical information, and the Submission submitted by the entrant and any ideas or concepts contained therein, including without limitation modifying, altering, excerpting or amending the Submission and/or creating derivative works based on the Submission or any component thereof, for purposes of trade, publicity or promotion and any other purpose, including commercial purposes, in all media and formats whether now known or later developed, throughout the world in perpetuity, without any notice, permission or compensation (except where prohibited by law). Without limitation of the foregoing, by entering the Contest, each entrant irrevocably agrees that (a) Sponsor will have the irrevocable right, during the Public Voting Period and thereafter, to display the entrant’s Submission, name, likeness and/or biographical information online at the Website and other websites and/or social media outlets for public viewing and comment and to incorporate the entrant’s Submission, name and/or biographical information in advertising, marketing and promotional materials for the Contest and for Sponsor and/or its products and services and (b) the Contest Entities, and those they may designate from time to time, will have the irrevocable right to use all results and proceeds of the Finalist photo shoot, including one or more photographs of each Finalist and each Finalist’s name, likeness and biographical information, for purposes of trade, publicity or promotion or other commercial purposes, in all media and formats whether now known or later developed, throughout the world in perpetuity, without compensation or notice to the Finalist, except as prohibited by law. Without limitation of the foregoing, the Finalists’ Submissions and/or photographs of the Finalists may in Sponsor’s discretion by published in GQ magazine and/or any website, social media outlet and/or other publication associated with GQ magazine or Condé Nast. Each Finalist may be required to execute a release in connection with the photo shoot in the form provided by Sponsor and/or Condé Nast, without alteration and/or to execute such releases, licenses and other documentation as Sponsor requires with respect to the Finalist’s Submission. In addition, by accepting the Grand Prize, the Grand Prize winner grants to the Contest Entities the irrevocable right to take still photographs, film, videotape and sound recordings of the process and/or elements of the execution by the Grand Prize winner of his or her Submission or any component thereof (including without limitation the Grand Prize winner’s name, likeness, voice and biographical information) (collectively, the “Project Recordings”) and to use such Project Recordings for purposes of trade, publicity or promotion and any other purpose, in all media and formats whether now known or later developed, throughout the world in perpetuity, without any notice, permission or compensation (except where prohibited by law). Entrants expressly agree to waive any and all rights to publicity that they have or may have arising out of or relating to the Contest.
CONTEST ENTRIES: All materials submitted to the Sponsor in connection with this Contest, including the Submission (collectively “Contest entry”) are the property of Sponsor, will not be returned and cannot be acknowledged, By entering the Contest, entrants represent and warrant that their Contest entry is their sole, original work and that it does not infringe upon the rights of any other party, including but not limited to any intellectual property, trade secret or other proprietary rights of any other party. By submitting a Contest entry, entrant further represents and warrants that any person(s) referenced therein has given his or her express written consent to the reference and use as contemplated by these Official Rules and that entrant has obtained written permission for such use from any such person. Each entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions and to complete, sign, and return any additional permissions, releases and other documents (including from any individuals referenced in the Submission) required by Sponsor in the form provided by Sponsor, without alteration. Submission of a Contest entry further constitutes the entrant's consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the Contest entry, including but not limited to all intellectual property rights and proprietary rights worldwide. Any content, material or information included in Contest entry shall not be confidential, proprietary or a trade secret.
RELEASE AND ASSUMPTION OF RISK: By entering, each entrant, on behalf of the entrant and his or her guests, heirs, personal representatives, guardians and assigns, voluntarily and knowingly completely and forever releases, waives and discharges each of the Contest Entities, Facebook, Inc. and the directors, officers, employees and assigns of each of the foregoing (all of the foregoing, the “Released Parties”) from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way from or related to this Contest, including without limitation any claims, demands, injuries, costs, attorney fees, rights, liabilities or causes of action arising in any way from or relating to the entrant’s participation in the Contest, the acceptance or use of any prize, the use by any of the Contest Entities of any Submission or any other exercise by any of the Contest Entities of the rights granted herein (including, but not limited to, any use of an entrant’s name, likeness, biographical information, signature, image or likeness, a prize winner’s receipt, use or inability to use any prize or part thereof), any injury or loss sustained in connection with the acceptance or use of a prize or any travel or activity related to the prize, any financial claims, any physical and/or emotional injury and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim. The foregoing release includes, without limitation, a release of any and all liabilities, claims, actions, suits, proceedings or demands based upon or alleging any invasion of privacy, violation of right of publicity or infringement of any intellectual property or other personal or proprietary rights, or any personal injury or death to an entrant or any other person or any property damage or loss. Entrants assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in this Contest or the acceptance or use of any prize or participation in any prize-related activity.
GENERAL CONDITIONS: Entry in the Contest constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor’s sole discretion. Cash equivalent may be less than the approximate retail value of the prize. Prize is non-transferable except at the sole discretion of the Sponsor. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize. It is the winner’s sole responsibility to arrange transportation to and from the major airport nearest winner’s residence. Sponsor reserves the right to conduct a background check of any criminal records of the prize winners and travel companions. To the extent necessary and permitted by law, prize winners and travel companions shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prize winners and/or travel companion(s) from any prize element, based on the background check. Each winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize. Each entrant will indemnify, defend and hold each of the Released Parties and each of their successors, and the directors, officers, employees and assigns of each of the foregoing, harmless from and against any and all claims, actions, suits, proceedings and demands arising out of or relating to the use by any of them of the entrant’s Submission as permitted hereunder and/or any breach by the entrant of any of the entrant’s warranties and representations set forth herein, and all liabilities, losses, injuries and/or damages to entrant or any other person arising out of relating to the same. The value of the prize won by a participant under the contest may be taxable as income to its winner. Winner is solely responsible for any and all taxes and/or fees associated with the prize. Upon acceptance of prize, winner will be issued an IRS Form 1099. Upon receipt of a prize, the winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations. Sponsor 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. The Released Parties are not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries, e-mails, incorrect or inaccurate capture of, damage to, or loss of entries, Submissions or entry information, or any other human or technical errors of any kind relating to the submission, collection, storage or processing of entries or the administration of the Contest. The Released Parties are not responsible for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in a user's e-mail account to receive e-mail. The Released Parties are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the contest any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of the Website or the contest by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (iii) has attempted or intends to attempt any of the foregoing. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Contest should a virus, bugs, entrant fraud or misconduct, or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Contest. In the event of termination of the Contest, a notice will be posted online and a winner will be selected from among all eligible entries received prior to the time of termination. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Contest. The Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In no event will more than the stated number of prizes be awarded. By entering the Contest, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Each entrant’s sole and exclusive remedy with respect to any and all claims, causes of action and/or lawsuits relating to or arising out of the Contest shall be an action at law for the recovery of monetary damages only, and in no event shall any of the rights acquired or to be acquired by any of the Released Parties hereunder be affected or impaired. Each entrant agrees that in no event shall the entrant have the right to enjoin or otherwise interfere with any of the Contest Entities’ exercise of any of their rights hereunder or to terminate or rescind any of the rights granted herein. Non-compliance with these Official Rules may result in disqualification. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules.
PRIVACY: Information collected by Sponsor from entrants in connection with the Contest will be used and collected in accordance with Sponsor’s Privacy and Cookie Notice (available at www.ketelone.com). Entrants are providing information to Sponsor and not to Facebook.
WINNERS’ NAMES: For the names of the winners, available after February 1, 2013, send a self-addressed, stamped envelope to: The Ketel One “A Gentleman’s Call” Contest, c/o Grey Alliance, 200 Fifth Avenue, 4th Floor, New York, NY 10010.
(c) 2012Imported by Diageo, Norwalk, CT.
Please Drink Responsibly.