TERMS AND CONDITIONS FOR RESTAURATEURS

This Promotion is run by Monsoon Valley (“Sponsor” or “MV”) whose registered office is located at 155-171 Tooley Street, London SE1 2JP, and all affiliated companies

The Prize/the Flights (as defined at clause 5 below) will be provided by Thai Airways International Limited whose registered office is at 41 Albemarle Street, London, W1S 4BF (“Thai Airways”).

This Promotion is free of charge and is only subject to the present Terms & Conditions and to all applicable laws and regulations.

“You”, “Your” represents the restaurateurs participating in the Promotion, their employees or authorised representatives.

For general questions arising out of these Terms & Conditions and/or related to this Promotion, please contact Chutiton.Pryde@monsoonvalleywine.co.uk.

By entering and participating in this Promotion, You agree to be bound by these Terms & Conditions and represent that You satisfy all of the eligibility requirements below.

The Product shall be strictly defined as any one bottle of wine that is produced by the Sponsor and part of the MV range (“the Product”). No Products outside of this definition shall be eligible to take part in this Promotion as defined at clause 3.2 below.

“Customers” people who dine at participating restaurants and purchase the Product.

  1. ELIGIBILITY

1.1 In order to enter this Promotion and be eligible to win a flight, You confirm that You satisfy the following eligibility criteria:

1.1.1 You acknowledge that You are the You are of a restaurant participating in the MV Social Media promotion and selling the Product as detailed here: CHU, PLEASE ASS LINK (“the Promotion”)

1.1.2 You acknowledge that You are 18 years of age or older at the time of participation in the Promotion.

1.1.3 Persons under the age of 18 are not allowed to participate to this Promotion or transmit or otherwise submit personal information to Sponsor.

1.1.4 You are not allowed to participate if Your residence is outside of the UK. Please note that Sponsor is not liable if You are not legally allowed to take part in the Promotion due to national or local laws.

1.1.5 Sponsor is not responsible if You are not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Promotion whatsoever. Sponsor is not liable in case a You injure yourself while performing actions with regard to this Promotion.

1.1.6 The following individuals and organisations are not eligible to take part in the Promotion:

1.1.6.1 Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies , subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisors, third party service providers or advertising and promotional agencies involved with this Promotion, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any prizes in this Promotion.

1.1.6.2 Directors, officers and employees of Thai Airlines, its parent and any of their respective affiliate companies , subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisors, third party service providers or advertising and promotional agencies involved with this Promotion, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any prizes in this Promotion.

1.1.7 For the avoidance of doubt, in order for You to be eligible to win the Prize, Products must be purchased at a participating restaurant and comply with all of the Promotion terms and conditions.

1.1.8 Sponsor requires proof of age, identity and other details from You in order to award prizes detailed at clause 5 below. In the event You provide an invalid e-mail address and/or incorrect data regarding Your age or residence You will be deemed ineligible to receive the Prize.

  1. PROMOTION PERIOD

2.1 The Product may be purchased by Your customers at any point. However, this Promotion starts at 20th March 2017 and ends on 30th April 2017 BST. (“the Promotion Period”)

  1. RULES OF THE PROMOTION AND OF PARTICIPATION

3.1 To enter You must:

  • Be a participating restaurant in the MV Social Media Promotion.
  • Stock and sell the Product at Your restaurant.
  • Have Customers who choose to participate in this Promotion and comply with the terms and conditions: CHU PLEASE ADD LINK
  • Comply with these terms and conditions.

3.2 By entering the Promotion correctly You will automatically be eligible to participate in the Promotion.

  1. THE SELECTION PROCESS

4.1 The winner of the Flights will be picked by an independent randomiser (“Winner”).

4.2 Winner will be notified directly by MV. Winners will also be announced on monsoonvalleywine.co.uk and on Monsoon Valley Wine UK Social Media Sites.

4.3 If You are deemed a winner, Sponsor is under no obligation to publish notification of Your win.

4.4 Sponsor undertakes to use reasonable efforts to maintain adequate hardware and software service for the Promotion and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Promotion, whether the entry is lost, not submitted, wrongly processed or does not win.

4.5 Sponsor also undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.

4.6 If You are disqualified, Sponsor is under no obligation to publish this fact.

4.7 The contact details You provide to MV as a restaurateur will be used to notify You of any prizes; please make sure they are correct. The Sponsor shall not be liable to You if these details are provided incorrectly.

5.THE PRIZE

5.1 The Winner (or Your nominated representative) will receive:

  • 1x (one) return economy class flights to Bangkok, Thailand courtesy of Thai Airlines. Sponsor and Thai Airlines will request proof of age and identity before travel can be arranged (“Flights”).
  • Flights must be validly claimed in accordance with these conditions within 14 days of receiving notification of the award of the Flights from Sponsor.

5.1.1 Flights are subject to You having valid and up to date travel documents.

  • The award of Flights will be arranged and agreed between the You, MV and Thai Airways. For the avoidance of doubt, MV shall has the final say over arrangements made.
  • All Flights must be scheduled between 31st of May 2017 – 31st May 2018. Any travel outside of these dates cannot be accommodated.
  • Preferred flights chosen by You will be subject to the availability of flights, travel dates and flight times along with final confirmation by Thai Airlines.
  • All travel documents, not limited to passports and visa must be paid for by the You. For the avoidance of doubt, MV will not cover these costs.
  • All health and inoculation information is available from Travel Clinic and Local Heath Centres/GPs. The costs of this must be borne by the You and will not be covered by the Sponsor.
  • Travel, medical or other insurances are not included, and should be arranged separately if required by
  • All travel to and from Heathrow Airport and Bangkok Airport must be independently organised by You.

5.2 Sponsor reserves the right to replace any or all prizes with prizes of a similar value.

5.3 Please note that no further travel or other costs apart from those costs set out in this clause 5 will be covered in relation to the Promotion.

5.4 To the extent permitted by applicable local law, Flights are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose). Country, state, local taxes, including vat taxes which are associated with the receipt or use of any Flights are the sole responsibility of the winner.

5.5 No cash alternatives will be provided and Flights are non-transferable and non-refundable.

5.6 If the winner does not claim his/her Flight within 14 days of notification by the Sponsor he/she will have forfeited the Flights and Sponsor reserves the right to determine an alternative winner

5.7 The Promotion will be run at Sponsor’s sole discretion. Sponsor’s decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.

  1. SPONSOR’S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY

6.1 Sponsor reserves the right to change the Promotion rules and these Terms & Conditions from time to time and such changes will be available on http://www.monsoonvalleywine.co.uk/drinkthaiflythai

6.2 If in Sponsor’s opinion the Promotion is compromised by any event beyond Sponsor’s control, Sponsor reserves the right to modify, terminate, amend or extend the Promotion without responsibility and liability for any amount or kind of loss or damage that may result to You or any third party (whether direct or indirect).

6.3 At any time during the Promotion, Sponsor reserves the right in its sole discretion to disqualify and remove any You for any failure to observe these Terms & Conditions (including but not limited to, because Sponsor believes the You engaged in cheating and in general for violations of the provisions set out under section 7 of these Terms and Conditions) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winning You are disqualified, the Flights will be forfeited and/or may be awarded to another Winner as chosen by the Sponsor.

  1. THAI Airline’s Terms and Conditions (“THAI”)

7.1 The voucher provided by THAI is valid for one year from the issuing date subject to restrictions and embargo periods as dictated by the THAI Airways UK Office (Currently December, January, the Easter period, April, July and August are embargoed). The maximum stay is three months.

7.2 Booking can be made three months prior to travel date. Once you have decided on your dates of travel, you must contact the office in writing to arrange the necessary reservations.

7.3 Confirmation of flights is subject to availability at the time of booking and at the time of the actual travel dates. THAI will not be liable for any expense incurring to the prize Winner(s) in case of an off-loading of the prize Winner(s) from the confirmed flights.

7.4 It is the responsibility of the passenger to ensure that a valid passport and visa (if applicable) are acquired in good time.

7.5 Health and inoculation information is available from Travel Clinic and Local Heath Centres/GPs.

7.6 Travel insurance is not included, and should be arranged separately if required by the passenger.

7.7 The prize voucher does not include accommodation.

7.8 The prize is non-transferable and cannot be refunded for any money if the voucher has not been utilized.

7.9 Extension of validity is not permitted.

7.10 Tickets are not valid on TG code share flights operated by partner airlines.

7.11 The Winner(s) will pay applicable Passenger Duty and applicable taxes and surcharges i.e. fuel surcharges.

8. FAIR PLAY

8.1 You hereby confirm that the personal data You enter in connection with the Promotion is accurate and up to date.

8.2 You hereby warrant and represent that You personally performed and otherwise participated in the Promotion to meet the criteria set out under sections 3 and 4 of these Terms & Conditions associated with Your entry or by Your own creation of other materials such as user generated content as specified in these Terms & Conditions and that You have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation. By entering this Promotion, all Yous warrant and represent that they will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy.

8.3 You confirm and are responsible that You nor You nor Your participating restaurant do not:

  • infringe another’s rights, including but not limited to privacy, publicity or intellectual property rights;
  • contain brand names or trademarks, other than (i) those of Sponsor, which You have a limited licence to use for the sole purpose of advertising the Promotion to Your customers , and/or (ii) those that You own, which You agree to licence to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have licence to use and sub-licence to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
  • contain copyrighted material not created by You, other than material that You have necessary rights, consents and permissions to use and sub-licence to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
  • contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
  • contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created.
  • infringe the Terms of Twitter (https://twitter.com/tos) or any other social media sites, including but not limited to: Facebook, Instagram (“Social Media Sites”)

8.4 If there is an infringement of sections 7.2 and/or 7.3 above, You shall defend and indemnify Sponsor against any and all claims relating to intellectual property.

  1. GRANT OF RIGHTS

9.1 You hereby assigns and grants to the Sponsor including its parents, subsidiaries, affiliates and partners any and all rights, title and interest in and to all entries and materials submitted to Sponsor in connection with any Promotion, including Your voice, image, photograph, statements, biographical information, performances, name and likeness and including any user generated content (collectively, “Entry Materials”) under current and future law to the broadest extent possible according to applicable law. To the extent that rights are not assignable, You hereby grants to the Sponsor the irrevocable, worldwide, perpetual, exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use. This includes in particular but is without any payment or notice You. If a court or any other authority finds that the exclusive grant above is not fully effective for any reason, You hereby grants to the Sponsor the irrevocable, worldwide, perpetual, non-exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use without any payment or notice to the You.  You waive any and all moral rights (sometimes referred to as “droit moral” or similar terms) in the Entry Materials in favor of Sponsor.  The conveyances and licences in this section include in particular but are not limited to the following rights: the broadcasting right, the right of making available to the public (download/on-demand-rights), the film theatre right (cinematic/exhibition right), the video rights, the right of distribution and copying, the right of alteration and dubbing, the right of promotion, the merchandising right, the publishing right and the stage drama, radio drama and audio/talking book rights. Furthermore, the Sponsor acquires the right to make any alterations, intermissions, deletions, cuts or other modifications in and to the Entry Materials and the exclusive right to exploit such altered version in any matter.  The Sponsor and its parents, subsidiaries, affiliates and partners shall be enabled to exploit the Entry Materials without any limitations and regardless of the medium via which the exploitation takes place. Sponsor is however not obliged to make use of these rights.

9.2 Sponsor is further irrevocably entitled to assign the rights entirely or in part to any third parties and to grant any sublicences respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties.

9.3 The sole consideration for this assignment and grant of rights is for You to get the chance to win the Flights as a result of the Promotion.

9.4 Sponsor including its affiliated companies and partners may be required to request You to enter into a separate licence agreement permitting Sponsor to use the Entry Materials for reasonable promotional, administrative or other purposes beyond the reasonable expectation of the You.

  1. COLLECTION OF INFORMATION & DATA PROTECTION

10.1 In the following, the term “Personal Data” describes all data kept in connection with You and Your restaurant.

10.2 Sponsor may process Your Personal Data itself, within the Sponsor Group or through outside data processors who will process data on its behalf in accordance with all relevant data protection regulations.

10.3 Sponsor and its affiliated companies will, as a general policy, not transmit Personal Data to third parties without Your explicit consent. In particular, Personal Data will not be sold, leased or traded. However, in cases in which Sponsor is required to transmit Personal Data to an outside data processor in connection with the Promotion, Sponsor will only transmit as much Personal Data as is necessary in order to fulfil its tasks set out under these Terms & Conditions. In such cases, Sponsor will require and make sure that our partners treat all Personal Data in a confidential manner and according to all relevant data protection regulations as well as to delete such Personal Data immediately as soon as their specific tasks have been fulfilled in connection with the Promotion. Please note that Sponsor does not have complete control over the compliance with this obligation and that Sponsor cannot be held responsible for possible infringements by its partners to the extent that it is legally permissible.

10.4 Since Sponsor operates globally, this may mean Sponsor could transfer Your personal information to other countries, including countries outside the European Economic Area in accordance with all relevant data protection regulations.

10.5 Personal Data will only be used for purposes in connection with this Promotion and will only be retained by Sponsor, its affiliated companies and its mandated data processors for as long as is necessary to fulfil the original or directly related purpose for which it was collected in connection with the Promotion. This might include a period of time after the conclusion of the Promotion in order to distribute Flight or to fulfil tax related or any other legal queries.

10.6 Sponsor, its affiliated companies and its mandated data processors shall process Your Personal Data securely and take appropriate security measures to protect the Personal Data.

10.7 Sponsor does not knowingly collect information from persons below the age of 18.

10.8 Winning Restaurateur may be requested to take part in promotional activity and Sponsor reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity. Winners may be required to take part in further reasonable promotional activities.

10.9 The entered Personal Data shall always be accurate. You should keep Your data up to date in order for Sponsor to notify You in case they You won a prize. Sponsor will ensure that Your personal data is not used if we know that it is not accurate.

10.10 Sponsor and its contractors may contact You via email, phone or otherwise in relation to the Promotion.

10.11 At any time, You have the opportunity to require the amendment and/or the deletion, entirely or partly, of such Personal Data. In such a case, Sponsor will ensure the deletion of such data as soon as feasible.

10.12 At any time, You also have the right to request information about the Personal Data we are keeping.

10.13 You can contact Sponsor with regard to privacy questions as follows:

Chutiton Pryde Chutiton.Pryde@monsoonvalleywine.co.uk

151 – 170 Tooley Street, SE1 2JP

No cooperation with Twitter or any other Social Media Site exists with regard to this Promotion. For questions of data usage by Twitter, please refer to https://twitter.com/tos

  1. LIABILITY AND WARRANTY 

11.1 Except in the case of death or personal injury arising from its negligence, or in respect of fraud, and so far as is permitted by law, MV and its associated companies and agents and distributors exclude responsibility and all liabilities, whether direct or indirect, arising from:

  • any postponement or cancellation of the Flights;
  • any act or default of any supplier, which are beyond MV’s reasonable control.

11.2 Sponsor does not accept responsibility for any liability arising from technical incompatibility, problems relating to the internet, or technical difficulties of any kind.

11.3 Sponsor and Thai Airways shall not be liable, whether in tort, contract, misrepresentation or otherwise for loss of profits, loss of anticipated savings, loss of goods, loss of use, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

11.4 You agree to indemnify MV against all liabilities, claims and expenses that may arise from any breach of Your agreement with MV.

END OF TERMS AND CONDITIONS