1. SPONSOR: BNIC/Cognac USA c/o Teuwen Communications; 231 West 29th Street, #1006, New York, NY 10001. In the following text, “Sponsor” or “Sponsors” refers to the BNIC/Cognac USA, their media partners, SpeedRack, VinePair and any nominated country partners, distributors or importers.
2. ELIGIBILITY: The Contest is open only to individuals who (a) are at least twenty-one (21) years old and who are professional bartenders who are currently or have been legally employed bar professionals in the past 18 months in the USA. In the event that the Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest or to disqualify participants residing in the affected geographic areas. In such event, Sponsor shall have no liability to any entrants who are disqualified due to such an action.
3. AGREEMENT TO TERMS AND CONDITIONS: By participating in this Contest, you indicate your unconditional agreement to the Official Rules, these Terms and Conditions, the Program Requirements, and Sponsor’s decisions, which are final and binding. You cannot win a prize unless you comply with all requirements set forth herein. Sponsor reserves the right to change these Terms and Conditions or the Program Requirements at any time, without prior notice. Any changes will be posted on www.cognacconnection.com. Moreover, by participating, you represent that you are complying with any policies your employer may have regarding participation in contests of this nature.
4. RIGHTS TO ENTRIES: By entering, you: (a) irrevocably grant Sponsor, BNIC/Cognac USA, as well as Speed Rack and VinePair, and each of their agents, licensees, and assigns (collectively, the “Rights Holders”) the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Entry as-is or as-edited (crediting your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Rights Holders’ use of your Entry, or require any further permission for the Rights Holders to use the Entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Cognac Connection Challenge Rules Rights Holders on the grounds that any use of the Entry, or any derivative works, infringes any of your rights as creator of the Entry, including, without limitation, copyrights, trademark rights, and moral rights.
5. PUBLICITY: Except where prohibited, by participating in the Contest, you agree that the Rights Holders and any media that are exposed to your cocktail entry and/or attending events related to the Contest may use your name, likeness, voice, opinions, photographs, audio-visual footage, recipe, biographical information, state of residence, and/or any other record of your participation in the contest for promotional purposes in any press releases, advertisements, television, radio, film, documentary, internet, or in any other publication or media without acknowledgement, further payment or consideration.
6. GENERAL CONDITIONS: In the event that the operation, security, or administration of the contest is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest; or (b) award the prizes according to the criteria set forth above from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who tampers with the operation of the Contest, violates these Terms and Conditions, or acts in a disruptive or unsportsmanlike manner. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.
7. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, you agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, contractors, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of Entries; or (f) injury or damage to persons or property. You further agree to indemnify, release, and hold the Released Parties harmless from any claims that their use of your Entry (as contemplated in these Rules) violates or infringes upon the rights of any third party. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
8. DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the governing state, without giving effect to any choice of law or conflict of law rules (under any jurisdiction in any US State), which would cause the application of the laws of any jurisdiction.