Introduction

Thank you for visiting the "Espiritu de Progreso Latino" website ("Website") sponsored by Pernod Ricard USA, LLC on behalf of its Chivas Regal Scotch ® Whisky, Malibu ® Rum, and Stolichnaya ® Vodka brands ("the Sponsor") and welcome to the Terms and Conditions of Use ("Terms and Conditions"). By completing the "Espiritu de Progreso Latino" online registration form and submitting your photograph and/or story ("Submission"), you ("Submitter" or "You" or "Your") agree(s) to the following terms and conditions:

No Purchase Necessary

No purchase is necessary to participate in the photograph and/or story submission program.

Age Verification

Submitter warrants and represents that he/she is at least twenty-one (21) years of age.

Submissions

Submitters who meet the eligibility requirements as provided in the Rules, as set forth below, also agree to be bound by these Terms and Conditions. For additional information on the Photo/Story Submission, please review the Official Rules.

Photograph and Story Submission

Create and send an original photograph and/or story illustrating the theme "Espiritu de Progreso Latino" to www.espiritudeprogresolatino.org. By making a Submission, Submitter warrants and represents that he/she is either (i) the photographer of the submitted photograph and author of the story or (ii) is authorized to make the Submission, and that he/she has obtained all permissions necessary for Sponsor to publish or use the photograph and story in any media worldwide, including but not limited to permission from all persons depicted in the photograph and from any holder of copyrights, trademarks or other rights in materials or other items depicted in your photograph.. Logos of any types must not be visible in the photographs submitted. Only one Authorized Account Holder shall be named on the submission form for the Submission. If any group of individuals elects to collaborate on a submission, they are required to designate one (1) representative who will be the only Submitter on behalf of the group. In the event of a dispute as to the identity or eligibility of the Submitter, the submission may be rejected by Sponsor. "Authorized Account Holder" is defined as the natural person twenty-one (21) years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Neither Sponsor nor any of its Affiliates are liable for any disputes between collaborators related to a submission. All Submissions will become the property of the Sponsor.

Publication

By submitting the photograph and/or story, Submitter irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, edit, modify, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Submitter's Submission, as well as to use Submitter's name, likeness, photograph (collectively, "Likeness"), and/or statements regarding his/her participation in the "Espiritu de Progreso Latino" campaign (with or without using the Submitter's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Submitter or any other party. Submitter waives intellectual property rights, privacy/publicity rights or other legal rights that might preclude the Sponsor's use of the submission, and agrees not to sue or assert any claim against the Sponsor for the use of the Submission or Submitter's Likeness or statements. No photographs will be posted on the Website depicting persons under the age of twenty-five (25), in the event that Sponsor believes that this condition is not met, it may, at its exclusive election, either reject the Submission or request age verification. By submitting the photograph and story, Submitter also agrees to confirm in writing compliance with the Terms and Conditions set forth herein.

Submission Content

Submissions that are lewd, obscene, profane, pornographic, disparaging, indecent, depict competitive products or that are otherwise deemed to be inappropriate by Sponsor, in its sole discretion, will be rejected and not posted on the Website. Submitter is hereby advised that any images and stories submitted by him/her are subject to review and examination by the Sponsor or their service providers. Any and all images and stories are, of course, subject to all applicable laws regarding child pornography, child abuse, or obscene or pornographic material. Any potential violations of law will be reported by the Sponsor or their service providers to applicable law enforcement authorities. The Sponsor reserves the right in its sole and absolute discretion to refuse to process or post any materials deemed objectionable by the Sponsor.

Disclaimer

YOUR ACCESSING OR USE OF THIS WEBSITE IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND ACCEPT EVERYTHING ON THIS WEBSITE "AS IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR ACCURACY AND THE EXPRESS WARRANTY OF QUIET ENJOYMENT.

Limitations to Liability

THE SPONSOR AND ITS SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY LIABILITY, AND IN NO EVENT SHALL THE SPONSOR OR ITS SERVICE PROVIDERS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS WEBSITE OR THE SERVICES (EVEN IF THE SPONSOR OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES, MACROS, OR OTHER DISABLING SOFTWARE THAT MAY INFECT YOUR COMPUTER EQUIPMENT.

Indemnification and Release

SUBMITTER SHALL INDEMNIFY SPONSOR, ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION FULFILLMENT AND/OR JUDGING AGENCIES, ALCOHOL BEVERAGE DISTRIBUTORS AND RETAILERS (COLLECTIVELY, THE "INDEMNITEES"), AND HOLD HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND LIABILITIES (INCLUDING SETTLEMENTS), BROUGHT OR ASSERTED BY ANY THIRD PARTY AGAINST ANY OF THE INDEMNITEES DUE TO OR ARISING OUT OF THE SUBMITTER'S SUBMISSION OR THE SUBMITTER'S CONDUCT IN CREATING AN SUBMISSION OR OTHERWISE IN CONNECTION WITH THIS PROGRAM, INCLUDING BUT NOT LIMITED TO CLAIMS FOR TRADEMARK INFRINGEMENT, COPYRIGHT INFRINGEMENT; VIOLATION OF AN INDIVIDUALS RIGHT OF PUBLICITY OR RIGHT OF PRIVACY; OR DEFAMATION. SUBMITTER HEREBY RELEASES, REMISE AND FOREVER DISCHARGES THE SPONSOR AND THEIR SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, (INCLUDING BUT NOT LIMITED TO CLAIMS THAT ANY ADVERTISING SUBSEQUENTLY PRODUCED, PRESENTED, AND/OR PREPARED BY OR ON BEHALF OF SPONSOR INFRINGES SUBMITTER’S RIGHTS WITH REGARD TO ANY ELEMENTS, CHARACTERS, OR IDEAS CONTAINED IN ANY SUBMISSION) WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE OR SUBMISSION.

Governing Law

These Terms and Conditions shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. By participating, Submitters agree that any and all disputes arising out of or relating in any way to the Submission and participation in this program shall be litigated only in courts sitting in New York, NY, U.S.A

Please Drink Responsibly.
©2007 Pernod Ricard, USA, LLC, Purchase, NY