TERMS OF USE

PURE SCOT USER TERMS & CONDITIONS

By browsing and usin this Internet web site at purescot.com (the “Site”), provided by Pure Scot, you agree to be bound by the User Terms and Conditions of Use set forth below (the “Terms and Conditions”). You must exit this Site immediately if you do not agree to the Terms and Conditions or are not of a legal age for consuming and/or purchasing alcoholic beverages.

CHANGES TO THE TERMS AND CONDITIONS

Pure Scot may, in its sole discretion, revise the Terms and Conditions from time to time and it is your responsibility to review the Terms and Conditions each time you access this Site. Your continued use of the Site after such revisions are posted will constitute your agreement to such changes.

MODIFICATIONS TO THE SITE

Pure Scot reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. Pure Scot may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

SITE AGE LIMITATION

Pure Scot and its delegated agent maintain this Site for the personal use of web visitors who are lawfully permitted to consume and/or purchase alcoholic beverages.

USE OF MATERIALS

You may print or have printed by a third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner.

COPYRIGHTS, TRADEMARKS, AND OTHER PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this Site, including but not limited to trademarks, designs, logos, names, text, images, audio and video materials are the property of Pure Scot (“Pure Scot’s Proprietary Material”) unless otherwise noted. Pure Scot’s Proprietary Material is protected under the intellectual property laws throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from Pure Scot’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use Pure Scot’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of Pure Scot.

NO LICENSE

Except with respect to the limited license to download and print certain material from this Site for non-commercial and personal use only, as set forth above in the section entitled “Use of Materials,” nothing contained on this Site shall grant, whether by implication, estoppel, or otherwise, any license or right to use any of Pure Scot’s Proprietary Material. All rights, title and interest in and to all aspects of Pure Scot’s Proprietary Material remain the exclusive property of Pure Scot.

USER CONDUCT

You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (i) are unlawful, threatening, harassing or profane; (ii) restrict or inhibit any other user from using and enjoying the Site; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) contain a virus or other harmful component; (v) contain advertising of any kind; or (vi) contain false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not send, forward, transmit or distribute by e-mail or by any other mean any material or content of the Site to persons under the legal alcohol drinking and/or purchasing age in their country of residence

Pure Scot will fully cooperate with any law enforcement authorities or court order requesting or directing Pure Scot to disclose the identity of, help identify, or locate anyone transmitting any such content.

COMMUNICATION TO SITE

All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by e-mail, posting, uploading, or otherwise, will become the exclusive property of Pure Scot. Pure Scot will not be required to treat any submission as confidential. By transmitting content to this Site, you automatically grant to Pure Scot a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You agree that Pure Scot is free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that Pure Scot need not provide any compensation or acknowledgment to you in exchange for any such use.

MONITORING

You agree that Pure Scot has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, Pure Scot does not and cannot review all materials posted to the Site by users and Pure Scot assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, Pure Scot may investigate an allegation that content transmitted to this Site is in violation of the Terms and Conditions and determine whether to have the communication removed from this Site. However, Pure Scot is under no obligation to remove content transmitted by third parties from this Site and assume no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

INDEMNIFICATION

You shall indemnify, defend and hold harmless Pure Scot, its officers, directors, employees and agents (collectively, the “Indemnified Parties”), from and against any and all claims or demands made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another, or your breach of the Terms and Conditions. Pure Scot reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Pure Scot.

TERMINATION

This Agreement constitutes a binding agreement between you and Pure Scot until terminated by you or Pure Scot, which Pure Scot may do at any time, without notice, in Pure Scot’s sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.

GENERAL PROVISIONS

If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or Pure Scot to exercise or enforce any rights or provisions of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and Conditions comprise the entire agreement between you and Pure Scot and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms and Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms and Conditions.

CONTACT US

If you have any questions about the Terms and Conditions, the practices of or your experience on any of the Site, please contact us at by e-mail at info@purescot.com


 

Terms and Conditions for Pure Scot’s Christmas Instagram Social Media Competition

1.These terms and conditions of entry, including information on how to participate and prize details (Terms), apply to Pure Scot’s social media promotion (Promotion) and entry into the Promotion is deemed acceptance of these Terms.

2.The entrant is responsible for ensuring his or her familiarity with the Terms at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of the Terms generally. All entrants acknowledge that the Promoter can rely on these Terms even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to an ineligible person. Return of a prize to the Promoter may be required by the Promoter if this occurs.

3. The promoter is Bladnoch Distillery Pty Ltd ABN 96 606 358 598, 122/95 Rouse Street, Port Melbourne, Melbourne, 3207, Victoria, Australia (Promoter).

4. NSW Permit Number LTPS/15/09723.

PROMOTIONAL PERIOD

5. The Promotion commences on Wednesday 2 December at 09:00 AEST on the Pure Scot Instagram account and ends at 13:00 AEST on Friday 18 December 2015. Winners will be announced within two (2) weeks of the competition closing date.

WHO CAN ENTER?

6. Entry into the Promotion is open to New South Wales and Victorian residents only aged 18 years of age or older, who have a valid Instagram account or who open a valid Instagram account during the Promotion Period (Eligible Entrants), excluding the management, employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Promotion (including suppliers of prizes).

7. The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

HOW TO ENTER

8. To enter and be eligible to win, an Eligible Entrant must, during the Promotion Period, complete their entry using Instagram in accordance with these Terms (Entry).

ENTRY

9. To complete an Eligible Entry for the Instagram competition, an Eligible Entrant must complete the following within the Promotion period stated in Clause 4 of these Terms and Conditions (Promotional Period):

  1. a)  ‘Like’ the Pure Scot Instagram account (@purescot);
    b)  Tag a friend in the Pure Scot Instagram competition post they would like to gift a bottle of Pure Scot to for Christmas

INSTAGRAM ENTRIES GENERALLY

10. Eligible Entrants may only enter the Promotion in their own name and from their own Instagram account.

11.Any costs associated with submitting an entry via social media are the Eligible Entrant’s responsibility.

12. Eligible Entrants must reside in New South Wales or Victoria, Australia.

13. The Promoter is not responsible for technical difficulties associated with the entry mechanisms and does not warrant that the entry mechanisms will be available at all times during the Promotion.

14. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.

15. Incomplete, illegible, indecipherable or incorrect entries, or which contain offensive or defamatory imagery and/or comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.

16. Entries are deemed to be received once submitted using the requirements in Clause 8.

WINNER DETERMINATION & PRIZE INFORMATION

17. Eligible Entries will be judged at the completion of the Promotion Period by the Promoter and its representatives (Judging Location).

18.In total there will be one (1) winner per competition.

19.The prize consists of:
a) Two (2) x bottles of Pure Scot Blended Scotch Whisky.

20. Each Pure Scot bottles is valued at approximately RRP AUD$79.99 (subject to change due to transfer costs in each State).

WINNER NOTIFICATION

21. Each winner will be notified via social media within 48 hours of the relevant judging session.

22. If a winning Eligible Entrant does not respond to the Promoter’s notification within seven (7) days, an alternative winner will be selected and contacted in the same process at that time and date. The Promoter takes no responsibility for a winning Eligible Entrant failing or neglecting to respond during the designated timeframe and consequently forfeiting prizes.

GENERAL

23. The Promoter may require an Eligible Entrant and their counterparts to provide proof of identity, proof of age and/or proof of residency. Identification considered suitable for verification is at the Promoter’s discretion. A prize will only be awarded following all verification requirements of the Promoter being met to its satisfaction.

24. The Promoter accepts no responsibility for any variation in the value of the prizes from the time of creating the Promotion or Promotional materials.

25. If more than one person attempts to claim a prize, the Promoter has sole and absolute discretion to determine which of those persons is the winning entrant.

26. Prizes, or components of prizes, are not transferable or exchangeable and cannot be taken as cash.

27. If, for any reason, the Promotion is not capable of being run as planned, for any reason including, without limitation infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it including cancelling, terminating, modifying or suspending the Promotion.

28. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism or Promotion in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.

29. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. The Promoter’s decisions in relation to all aspects of the Promotion are final and binding on each Eligible Entrant and no correspondence will be entered into.

30. The Promoter, the Promoter’s related entities and all agencies associated with the Promotion shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of a prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).

31. Winners must, at the Promoter’s request, participate in any Promotional activity (such as publicity and photography) relating to winning a prize, at no cost to the Promoter, and they consent to the Promoter using their name and image in any future promotional material. This includes, but is not limited to, any of Pure Scot’s social media channels.

32. The prize winners must continue to represent Pure Scot in a manner deemed appropriate by Pure Scot and its representing agents. The Promoter reserves the right to forfeit a winner’s prize in the event of non-compliance with these Terms.

33. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the promoter reserves the right to seek damages to the fullest extent permitted by law.

PERSONAL INFORMATION

34. All information provided by Eligible Entrants (Personal Information) will be used by the Promoter for the purpose of conducting this Promotion.

35. The Promoter may disclose Eligible Entrants’ Personal Information to its contractors and agents to assist in the conducting of this Promotion, for future marketing or publicity use, and as required, to Australian regulatory authorities.

36. The Promoter’s treatment and storage of Personal Information will be handled in accordance with all applicable laws in Australia.

37. The Promoter’s privacy policy can be found at http://purescot.com/privacy-policy/

38. Participation in the Promotion is dependent on all participants following and acting in accordance with Instagram’s Terms of Use, which can be viewed at: https://help.instagram.com/478745558852511

39. There is no association or endorsement or sponsorship arrangement between the Promoter and Instagram. Eligible Entrants understand that they are providing their information to the Promoter and not to Instagram. The information Eligible Entrants provide will only be used in accordance with these Terms. Any questions, comments or complaints regarding this Promotion must be directed to the Promoter and not to Instagram.

40. These Terms and Conditions are subject to change without notice.

 

Terms and Conditions for Pure Scot’s Christmas Facebook Social Media Competition

 

  1. These terms and conditions of entry, including information on how to participate and prize details (Terms), apply to Pure Scot’s social media promotion (Promotion) and entry into the Promotion is deemed acceptance of these Terms.
  2. The entrant is responsible for ensuring his or her familiarity with the Terms at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of the Terms generally. All entrants acknowledge that the Promoter can rely on these Terms even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to an ineligible person. Return of a prize to the Promoter may be required by the Promoter if this occurs.
  3. The promoter is Bladnoch Distillery Pty Ltd ABN 96 606 358 598, 122/95 Rouse Street, Port Melbourne, Melbourne, 3207, Victoria, Australia (Promoter).

 

PROMOTIONAL PERIOD

  1. The Promotion commences on Friday 4 December at 09:00 AEST on the Pure Scot Instagram account and ends at 13:00 AEST on Friday 18 December 2015. Winners will be announced within two (2) weeks of the competition closing date.

 

WHO CAN ENTER?

  1. Entry into the Promotion is open to Australian residents only aged 18 years of age or older, who have a valid Facebook account or who open a valid Facebook account during the Promotion Period (Eligible Entrants), excluding the management, employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Promotion (including suppliers of prizes).
  2. The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

 

HOW TO ENTER

  1. To enter and be eligible to win, an Eligible Entrant must, during the Promotion Period, complete their entry using Facebook in accordance with these Terms (Entry).

 

ENTRY

  1. To complete an Eligible Entry for the Facebook competition, an Eligible Entrant must complete the following within the Promotion period stated in Clause 4 of these Terms and Conditions (Promotional Period):
    1. ‘Like’ the Pure Scot Facebook account (www.facebook.com/purescot);
    2. Buy a bottle of Pure Scot from Dan Murphy’s online http://bit.ly/1R94YWj and be able to quote receipt number / order number when requested.
    3. Tell us in 25 words or less ‘why you’d love to win a case of Pure Scot for Christmas’.

 

FACEBOOK ENTRIES GENERALLY

  1. Eligible Entrants may only enter the Promotion in their own name and from their own Facebook account.
  2. Any costs associated with submitting an entry via social media are the Eligible Entrant’s responsibility.
  3. Eligible Entrants must reside in Australia.
  4. The Promoter is not responsible for technical difficulties associated with the entry mechanisms and does not warrant that the entry mechanisms will be available at all times during the Promotion.
  5. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
  6. Incomplete, illegible, indecipherable or incorrect entries, or which contain offensive or defamatory imagery and/or comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
  7. Entries are deemed to be received once submitted using the requirements in Clause 8.

 

WINNER DETERMINATION & PRIZE INFORMATION

  1. Eligible Entries will be judged at the completion of the Promotion Period by the Promoter and its representatives (Judging Location).
  2. In total there will be one (1) winner of the competition.
  3. The prize consists of:
    1. Six (6) x bottles of Pure Scot Blended Scotch Whisky.
  4. Each Pure Scot bottles is valued at approximately RRP AUD$79.99 (subject to change due to transfer costs in each State). Total prize value RRP AUD $479.94

 

WINNER NOTIFICATION

  1. Each winner will be notified via social media within 48 hours of the relevant judging session.
  2. If a winning Eligible Entrant does not respond to the Promoter’s notification within seven (7) days, an alternative winner will be selected and contacted in the same process at that time and date. The Promoter takes no responsibility for a winning Eligible Entrant failing or neglecting to respond during the designated timeframe and consequently forfeiting prizes.

 

GENERAL

  1. The Promoter may require an Eligible Entrant and their counterparts to provide proof of identity, proof of age and/or proof of residency. Identification considered suitable for verification is at the Promoter’s discretion. A prize will only be awarded following all verification requirements of the Promoter being met to its satisfaction.
  2. The Promoter accepts no responsibility for any variation in the value of the prizes from the time of creating the Promotion or Promotional materials.
  3. If more than one person attempts to claim a prize, the Promoter has sole and absolute discretion to determine which of those persons is the winning entrant.
  4. Prizes, or components of prizes, are not transferable or exchangeable and cannot be taken as cash.
  5. If, for any reason, the Promotion is not capable of being run as planned, for any reason including, without limitation infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it including cancelling, terminating, modifying or suspending the Promotion.
  6. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism or Promotion in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
  7. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. The Promoter’s decisions in relation to all aspects of the Promotion are final and binding on each Eligible Entrant and no correspondence will be entered into.
  8. The Promoter, the Promoter’s related entities and all agencies associated with the Promotion shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of a prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
  9. Winners must, at the Promoter’s request, participate in any Promotional activity (such as publicity and photography) relating to winning a prize, at no cost to the Promoter, and they consent to the Promoter using their name and image in any future promotional material. This includes, but is not limited to, any of Pure Scot’s social media channels.
  10. The prize winners must continue to represent Pure Scot in a manner deemed appropriate by Pure Scot and its representing agents. The Promoter reserves the right to forfeit a winner’s prize in the event of non-compliance with these Terms.
  11. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the promoter reserves the right to seek damages to the fullest extent permitted by law.

 

PERSONAL INFORMATION

  1. All information provided by Eligible Entrants (Personal Information) will be used by the Promoter for the purpose of conducting this Promotion.
  2. The Promoter may disclose Eligible Entrants’ Personal Information to its contractors and agents to assist in the conducting of this Promotion, for future marketing or publicity use, and as required, to Australian regulatory authorities.
  3. The Promoter’s treatment and storage of Personal Information will be handled in accordance with all applicable laws in Australia.
  4. The Promoter’s privacy policy can be found at http://purescot.com/privacy-policy/
  5. Participation in the Promotion is dependent on all participants following and acting in accordance with Facebook’s Terms of Use, which can be viewed at: facebook terms of use 2015
  6. There is no association or endorsement or sponsorship arrangement between the Promoter and Facebook. Eligible Entrants understand that they are providing their information to the Promoter and not to Facebook. The information Eligible Entrants provide will only be used in accordance with these Terms. Any questions, comments or complaints regarding this Promotion must be directed to the Promoter and not to Facebook.
  7. These Terms and Conditions are subject to change without notice.

© 2015 Pure Scot. All rights reserved.