Terms & Conditions

Desperados – Bring the Edge: Terms & Conditions

  1. The promoter is Heineken Ireland Sales Limited, Old Belgard Road, Tallaght, Dublin 24 Ireland (“Heineken”).
  2. The “Bring the Edge” competition is only open to entry from individuals who are aged 18 years and over (proof of age may be required) and reside in the Island of Ireland. No syndicates or groups will be allowed to participate.
  3. Entry into this competition will be deemed to be a full and unconditional acceptance by the applicant of the terms and conditions of this competition. A failure to adhere to these terms and conditions may result in disqualification from the competition and, if applicable, forfeiture of the prize(s).
  4. Opening date of entries into the competition is Wednesday August 17th 2011 and will close on Monday 17th October 2011
  5. There is no purchase necessary to enter the competition. Users can enter for free at www.facebook.com/desperasdosireland. Entrants must “Like” the Desperados Facebook page before entering the competition. Entrants must provide extended Facebook permissions and fill out an application form to take part in the competition.
  6. To progress in the competition entrants must complete two photo tasks. The first task will be available on sign up with the second task being released on September 10th 2011. An email will be sent to the email address provided on entry when the new task is released. Any consumer who enters after the 10th of September 2011 will have both tasks available to them on sign up. All photos will be moderated in accordance with the MEAS guidelines. Any photo deemed to be inappropriate or not inline with MEAS guidelines will be rejected. An email be sent on rejection to the entrant asking them submit a new image. Entrants will be asked for permission to display their photos in the ‘Bring the Edge’ gallery and on the Desperados Facebook page.
  7. All entrants must have a Facebook account to enter the competition and generate votes.
  8. From all who enter the Bring the Edge competition, 5 finalists will be chosen. The 5 successful entrants will be entered into a two week long vote based competition. Finalist will be chosen based on their ability to complete the two tasks, the quality of their entries and their answer to application question. Heineken Ireland will chose the 5 finalists and may at its discretion choose a replacement finalist without future reference or obligation to the original entrant.
  9. The chosen finalists will be contacted by email. If the finalist does not confirm within 48hrs Heineken Ireland may choose a replacement finalist without future reference or obligation to the original entrant.
  10. Voting will open on Monday November 7th 2011 and will close on Sunday November 20th 2011 at 12 midnight.
  11. To generate votes all entrants can share and post a competition link on their Facebook page and on their friends Facebook pages.
  12. The entrant with the most votes at midnight on Sunday November 20th 2011 will win the main prize of a trip to Desperados parties in various European destinations. The winner will be announced no later three days after closing of the competition.
  13. There is one main Bring the Edge prize to be won. The main prize details will outlined to winner.
  14. The winner of the prize and his/her two nominated individuals must be to travel on flight and dates determined by Heineken Ireland and have a valid passport. The Winner will be required to agree to additional terms and conditions communicated to the winner.
  15. Items depicted on marketing materials related to this promotion are present for illustrative purposes only and may not accurately represent the prizes relating to this promotion.
  16. Accompanying individuals must be over 18 years of age and reside in the Republic of Ireland. The prize-winner and accompanying individuals must have valid passports. All visas and vaccinations are the responsibility of the prize-winner. Heineken does not accept responsibility in the event of prize-winner not being allowed entry into a country by authorities. The prize-winner will be responsible for arranging travel insurance cover.
  17. The prize are as stated and no alternative cash or otherwise will be offered. The prizes are not transferable.
  18. The judge’s decision is final and no correspondence will be entered into.
  19. Incomplete, illegible or late entries will not be accepted and proof of sending an email will not be accepted as proof of entry.
  20. Heineken accepts no responsibility for any entries not received or for undelivered or delayed messages which were unable to be sent due to network coverage, technical failure or any other reason beyond its control. No responsibility will be accepted by Heineken Ireland 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.
  21. The Winners names and county of residence will be posted on www.desperados.ie, the Desperados Facebook page and will feature national press publications within the promotional period.
  22. The winner and his/her nominated guests may be required for publicity purposes. Entrants agree by entering the competition to participate in such publicity including but not limited to the publication of their names and pictures for advertising and/or promotional purposes. Should a winner be unable or unwilling to take part in any such publicity, Heineken may at its discretion choose a replacement winner without future reference or obligation to the original winner.
  23. Employees and / or relatives of employees of Heineken, its associated companies and any agents connected to this competition are not eligible to enter the competition and/or win any prize (this extends to immediate family members of any of the prohibited persons referred to above and to individuals who become prohibited persons during the course of the promotion).
  24. Heineken reserves the right to vary, cancel or modify the competition at any time and for whatever reason and/or amend or withdraw this competition in whole or in part at any time due to unforeseen circumstances. Heineken is also entitled to vary the prize(s) if, in its opinion, any would be inappropriate in any way. In that event, a prize of equal or greater value will be offered.
  25. Heineken will only use entrant’s details for the purposes of notifying entrants or any promotional activities in connection with this competition. Entrant’s personal information will not be used for any other purpose whatsoever without prior permission. Any personal information held by Heineken for the purposes of this competition will be held in accordance with Heineken’s privacy statement at www.desperados.ie.
  26. Heineken does not warrant that any use of or access to Facebook or www.desperados.ie will be uninterrupted by error or virus free nor will it have any liability for damage caused by hostile software which may infect an entrant’s equipment or property as a result of that participant using or browsing the website www.desperados.ie or the Desperados Facebook page.
  27. No warranty or guarantee is given by Heineken in relation to any of the prizes and to the fullest extent permitted by law, Heineken, its agents and trading partners will not be liable for any loss or damage whatsoever which is suffered or sustained as a result of receipt or use of any prize awarded pursuant to this competition and Heineken does not recommend or guarantee the performance of any contractor or other obligations of any third parties associated with the prizes and will not be liable for any fraud committed by any third party.
  28. The competition and these terms and conditions will be governed by Irish law and subject to the exclusive jurisdiction of the Irish Courts.
  29. Entrants may vote once per day. Entrants cannot exchange money for votes.
  30. The winner is selected as the user with the highest votes at the specified closing date and time of the competition.
  31. Entering this site means you agree to be bound by the complete Terms and Conditions.
  32. You use the site at your own risk and Heineken are not held liable for any misuse or damage caused. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this site for any other purposes violates Heineken Terms and Conditions
  33. By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site is liable (to the extent that such liability is not prohibited at law) for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
  34. Although the specifications, features, illustrations, equipment and other information contained in the site are based upon up-to-date information, and while Heineken makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and Heineken makes no warranties or representations as to its accuracy. All content information and materials contained in this site are provided to you ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  35. Do not post on this site, or transmit to this site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding the fact that Heineken or other parties involved in creating, producing, or delivering this site, may monitor or review transmissions, posting, discussions, or chats, Heineken and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
  36. By entering this site you acknowledge and agree that any communication or material you transmit to this site or Heineken, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that in consideration of your access to and transmission of any materials to this site, all rights (both legal and beneficial) in the nature of copyright arising or existing in any communication or material in which such ideas, concepts, techniques, procedures, methods, systems, designs, plans or charts are contained are assigned to Heineken. You agree that you will not have any right to any form of payment or royalty in the event that any such materials are used by Heineken anywhere, anytime, and for any reason
  37. Although this site may be linked to other sites, Heineken is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site you acknowledge and agree that Heineken has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
  38. Heineken reserves the right to revise this legal information at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this site. By entering this site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the site to review these terms and conditions.
  39. This Site may contain discussion groups, bulletin boards, chat rooms and other interactive services. We do not actively monitor use of our discussion groups, bulletin boards or chat rooms. Similarly, we do not exercise editorial control over the content of any third party sites, electronic mail transmission, text message, news group, bulletin board, chat room or other material created or accessible over or through the Site. As a result, you may be exposed to content on the Site or on sites accessible over or through the Site that you find offensive or objectionable. However, we do reserve the right to monitor our discussion groups, bulletin boards, chat rooms and other interactive portions of the Site and to remove any content which, in our sole discretion, constitutes a misuse of these interactive services and may restrict, suspend or terminate your use of these services or the Site where we believe that there has been such a misuse.
  40. The following examples constitute a misuse of the interactive services:

    a) * using the services for any improper, unlawful or immoral purpose, causing any nuisance by your use of the services or causing the operation of the services to be jeopardised or impaired;

    b) * using the services to create, host or transmit (whether in a live chat room, on a bulletin board or otherwise) any defamatory, offensive, or obscene material or engaging in activities which would cause offence to others on grounds of race, religion, creed or sex;
    c) * using the services to harm, or attempt to harm, minors in any way;

    d) * using the services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;

    e) * using the services to create, host or transmit material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party;

    f) * using the services to create, host or transmit unsolicited advertising material to other users in instances where you feel that the transmission of such material would be unwelcome to the user in question;

    g) * using the services to create, host or transmit unsolicited advertising material to other users;

    h) * using the services to create, host or transmit any material that harasses another; using the services to make fraudulent offers to sell or buy products, items or services;

    i) * adding, removing or modifying identifying network header information in an effort to deceive or mislead;

    j) * using the services to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software, hardware, electronic communication system, or telecommunications systems;

    k)    * using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;

    l)    * using the services for any activity which adversely affects the ability of other people or systems to use the services or the internet generally;

    m) * reselling, repurposing or redistributing any services provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorised to use.

    n) This list only serves to provide examples and is not meant to be an exclusive list of the type of misuses of the interactive services that may result in the restriction, suspension or termination of your access to the Site. Due to the global nature of the internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.

Third Party Goods and Services

  1. 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.
  2. Republic of Ireland consumers, please note that the exclusion of rights under Section 39 of the Sale of Goods and Supply of Services Act 1980 is subject to the provisions of Section 40 of that act.

Your responsibility

  1. You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment.
  2. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses which we may make of such information.
  3. To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim 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 this site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are 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, or otherwise) arising from the terms and conditions, including our privacy statement, or use of the site

Materials submitted by you

  1. 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, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this Site, whether ideas, creative concepts or other materials, 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 excluded.

User Information

  1. In relation to your content submissions, you are responsible for all of the images you upload or copy using the Service. You must have the legal right to copy and display each image that you upload or print. Professional images provided to you by professional photographers or made available through websites, magazines, books or other resources are protected by copyright and should not be uploaded, printed or copied using the Service.
  2. 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 Site Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

Links from and to the Site

  1. You acknowledge and agree that we have no responsibility for the information provided by Web sites to which you may link from this Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. 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 use of or reliance on any such content, goods or services available on such Linked Sites.

Restriction, Suspension and Termination

  1. 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, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights which 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 ISP in the event of a suspected breach of these Terms & Conditions.
  2. If any winner of a main prize is unable or unwilling to accept their prize, Heineken may at its sole discretion choose a replacement entry as the winner of that main prize without further reference or obligation to the entrant originally selected.
  3. Heineken may insist that accompanying individuals must be over 18 years of age and reside in the Republic of Ireland. The prize-winners and accompanying individuals must have valid passports. All visas and vaccinations are the responsibility of the prize-winners. Heineken does not accept responsibility in the event of prize-winners not being allowed entry into a country by authorities. The prize-winners will be responsible for arranging travel insurance cover.
  4. The prizes are as stated and no alternative cash or otherwise will be offered. The prizes are not transferable.
  5. The winners may be required for publicity purposes. Entrants agree by entering this competition to participate in such publicity including but not limited to the publication of their names and pictures for advertising and/or promotional purposes. Should a winner be unable or unwilling to take part in any such publicity, Heineken may at its discretion choose a replacement winner without further reference or obligation to the original winner.
  6. Heineken reserves the right to vary, cancel, postpone or modify this competition at any time and for whatever reason and/or amend or withdraw this competition in whole or in part at any time due to unforeseen circumstances. Heineken is also entitled to vary the prize(s) if, in its opinion, any would be inappropriate in any way. In that event, a prize of equal or greater value will be offered.

Entire Agreement

  1. These Terms & Conditions, including our Privacy Statement, constitutes 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 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. The failure by us 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 endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect.
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