We told them that they could have their way if one of them went manno et animalo and had a fist fight with a Koala – The winner getting to chose if the boring stuff was allowed or not – Sadly Koala's aren't the best fighters in the world and the lawyers won – We should have opted for a badger!
This page (together with the documents referred to in it) sets out the terms and conditions (the "Terms and Conditions") on which you may make use of the IRN-BRU website, www.irn-bru.co.uk ("our site"). Please read these Terms and Conditions carefully before you start to use our site. By using our site, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using our site.
1. INFORMATION ABOUT US
www.irn-bru.co.uk is a site operated by A.G. BARR p.l.c. ("we" or "us"). We are a public limited company registered in Scotland under company number SC005653 and have our registered office and principal place of business at Westfield House, 4 Mollins Road, Cumbernauld G68 9HD. Our VAT number is 259980502.
2. INTELLECTUAL PROPERTY RIGHTS
IRN-BRU is a registered trade mark and we are the owner (or the licensee) of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In the event that you misuse any trade mark, copyright image or text, or other material in violation of these Terms and Conditions, we reserve the right to enforce our intellectual property rights to the fullest extent permitted by law.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us (or our licensors). Unless specifically prohibited by a notice published on any page of our site, you may print off copies and download extracts of any page from our site for your personal reference only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status, as the authors or licensees of material on our site, must always be acknowledged and any copy must have any relevant proprietary notices and/or disclaimers attached to it.
3. RELIANCE ON INFORMATION POSTED
The content of our site is provided as an information guide only and based on information available to us as at the time of editing. Accordingly, this information may not remain current, and commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. The information has not been verified by us and no responsibility is accepted by us or on our behalf for any errors, omissions, or misleading statements on these pages including any feature or aspect of such pages.
We are not responsible for any consequences arising out of the use of or reliance on the information posted on our site and we do not accept any liability for any loss incurred. In particular, nothing here constitutes specific legal or financial advice, nor should it be taken as such.
4. FREE PRIZE DRAWS
We may feature free prize draws on our site from time to time. This Condition 4 sets out the general terms and conditions that shall apply to such prize draws, however the rules set out in this Condition are not exhaustive and specific terms and conditions may apply to each individual prize draw (the "Specific Terms and Conditions"). Any Specific Terms and Conditions will be posted on this page and you are expected to read them before entering the relevant prize draw, as they are binding on you. In the event of any conflict between the Specific Terms and Conditions and these Terms and Conditions, the Specific Terms and Conditions shall take precedence.
Each prize draw is open to UK residents only over the age of 13, excluding employees of A.G. BARR p.l.c. and their families, agents or anyone professionally connected with the prize draw. Entrants may only submit one entry per prize draw. Prizes are chosen at our sole discretion and we reserve the right to substitute prizes at any time. No cash alternative shall be available. Winners agree to take part in publicity if so requested.
We reserve the right to contact winners by telephone to authenticate their identity. If we do not receive full confirmation of a winner's name, full postal address and telephone number via e-mail within 7 days from notification of winning, the prize will be forfeited and correspondence will not be entered into. If a winner is not resident at the place given in their registration information, their entry may be cancelled and prize forfeited.
We will use all reasonable efforts to ensure that winners receive their prize within 28 days of authentication. In the event of any dispute about the selection of winners, our decision is final and legally binding and no correspondence will be entered into.
5. COMMUNICATIONS TO OUR SITE
By transmitting any communication or other content to any discussion board or forum on our site, you automatically grant to us (or any of our group companies) a royalty-free, perpetual, irrevocable and non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicence such rights. You agree we (or any of our group companies) are free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to our site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that we (or any of our group companies) need not provide any compensation or acknowledgement to you in exchange for any such use.
You agree not to post on our site any unlawful, threatening, libellous, defamatory, obscene, scandalous, pornographic, or profane content, or any other content that could constitute or encourage conduct that would violate any laws. We (or any of our group companies) will fully co-operate with any law enforcement authorities or court order requesting or directing us (or any of our group companies) to disclose the identity of, help identify, or locate anyone transmitting any such content.
We (or any of our group companies) do not pre-screen or monitor content transmitted to our site by third parties and are not responsible for screening or monitoring any such content. If notified, we (or any of our group companies) may investigate an allegation that content transmitted to our site is in violation of these Terms and Conditions and we shall determine whether to have the communication removed from our site. However, we (or any of our group companies) are under no obligation to remove content transmitted by third parties to our 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. We (or any of our group companies) assume no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of our site.
Our site may contain email services and other message or communication facilities designed to enable you to communicate with others ("Communication Services"). You agree to use the Communication Services only to post send and receive messages and material that are proper. We do not control or endorse the content of messages or other information sent to our site and, therefore, we specifically disclaim any liability with regard to the those messages and any actions resulting from any messages you post to our site. Managers, administrators and hosts of our site are not A.G. BARR p.l.c. authorised representatives, and their views do not necessarily reflect those of A.G. BARR p.l.c..
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
6. CHANGES TO OUR SITE
We may change the content of our site at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
7. OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our company group and third parties connected to us hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and (viii) for any other loss or damage of any kind, however arising and whether caused by tort/delict, breach of contract or otherwise, even if foreseeable.
The above provisions do not affect our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.
8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy set out on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
9. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
10. LINKS TO/FROM OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part when none exists. Our site must not be framed on any site, nor may you create a link to any part of our site other than the home page.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
11. JURISDICTION AND APPLICABLE LAW
The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms and Conditions are governed by Scots law.
12. VARIATIONS
We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may be superseded by provisions or notices published elsewhere on our site.
13. CONTACT
If you have any concerns about material which appears on our site, please contact us at info@agbarr.co.uk
14. SUPER LEAGUE COMPETITIONS
1. This prize draw is open to entrants aged 18 (Eighteen) years or over who are residents of Great Britain, Channel Islands and the Isle of Man only, excluding employees and their immediate families of A. G. Barr p.l.c. and anyone else professionally connected with the promotion.
2. Closing time and date for receipt of entries is 11:59pm on the 30th September 2011. Winners will be notified by email within one working day of the draw having taken place. Winners will receive their prizes on or before 7th October 2011.
3. The winners will be selected at random.
4. There are 3 prizes to be won. Each prize is one pair of standard tickets for the Super League Grand Final at Old Trafford Manchester on the 8th October 2011. Winners must make their own way to the rugby grounds at Old Trafford at their own expense. The prize does not include travel or accommodation or any related costs. No cash or other alternative will be offered in whole or in part. The Promoter reserves the right to substitute the prize or any element of the prize with one of equivalent or greater value.
5. The Promoter reserves the right to amend, alter or withdraw the prize draw as necessary due to exceptional circumstances outside its reasonable control or as a result from any production errors or where there has been error(s) in any aspect of the preparation for or conduct of the prize draw.
6. The Promoter will not be held liable to any participant or winner for any third party failures beyond its reasonable control including but not limited to fraud.
7. All conditions, warranties and representations expressed or implied by law or otherwise in relation to the prize and/or the prize draw are excluded to the fullest extent permitted by law and the Promoter shall be under no liability whatsoever or howsoever in connection with any loss, damage or injury which is suffered as a direct or indirect result of the prize and/or the prize draw except that the Promoter makes no attempt to exclude or limit its liability for death or personal injury arising as a result of the negligence of the Promoter.
8. The prize winners agree to take part in any reasonable publicity required. Please note that in processing the winners' information the Promoter may disclose the information to other companies in its group.
9. The name of the prize winner will be made available on request to those enclosing a stamped self addressed envelope to: IRN-BRU Super League Competition, A.G. BARR p.l.c., Westfield House, 4 Mollins Road, Cumbernauld, G68 9HD, UK.
10. The Promoter shall not be held liable for system failures. Neither can the Promoter be held responsible for the failure to fulfil obligations of any third parties involved in this promotion, although it will endeavour to minimise the effect to the participants of such failure.
11. Conduct of participation. By entering this prize draw, all participants will be deemed to have accepted and be bound by the prize draw Terms and Conditions. The Promoter may at its sole discretion refuse to process an entry or fulfil any prize awarded or disqualify any individual found to be tampering with the operation of the Promotion or website, or to be acting in any manner deemed by the Promoter to be disruptive.
12. The Promoter's decision is final and binding in all matters.
Promoter: A.G. BARR p.l.c., Westfield House, 4 Mollins Road, Cumbernauld G68 9HD. Reg No: 5653 Scotland. Please do not send entries to this address.
BRUJET INSTANT WIN
TERMS AND CONDITIONS
1. The BRUJET promotion (the "Promotion") is open to residents of UK only (excluding the Channel Islands, Isle of Man, and Republic of Ireland) aged 18 years or over, excluding employees of the Promoter and their immediate families, or anyone professionally connected with the Promotion.
2. If you find a winning label, please call the telephone number stated on the label. Winners will be required to produce their winning label, together with the bottle where they found the winning label, or a can from the multipack where they found the winning label, and all winning labels will be checked and subject to verification by an independent adjudicator. Following a successful verification process, the Promoter will contact the winner by telephone to confirm that they are a winner. Photocopies of winning labels will not be accepted.
3. Northern Ireland residents may enter without purchase by sending their name, address (including postcode), date of birth, daytime telephone number and email address, on a postcard: "Bru-Jet Instant Win, PO Box 95, Leigh, Lancs, WN7 1WS". Only one entry per person per day is permitted. Only one entry per postcard. Unsuccessful entrants will not be notified.
4. The instant win element of the Promotion ends at midnight on 30th September 2011. Any winning labels found after this date will not be valid and no prize will be awarded. In the event that any of the 25 winning labels have not been redeemed by 30th September 2011, the Promoter reserves the right, in its sole discretion, to award the remaining prizes on a fair and random basis as it sees fit.
5. There are 25 instant win prizes to be won. Each prize is a holiday for 4 people (at least one of whom must be 18 years old or over) to Tenerife from Sunday 16th October 2011 until Sunday 23rd October 2011, which consists of:
Return flights from Glasgow Airport to Tenerife South (see flight times below);
Return transfers from Tenerife South to the resort; and
7 nights stay, on an all-inclusive basis in a single catering unit (sleeps 4 people), at a 4 star (as rated by Thomas Cook) resort in Tenerife.
The outbound flight will depart from Glasgow Airport on 16th October 2011 at 15.25, arriving at Tenerife South at 20.00 (local time). The inbound flight will depart from Tenerife South airport on 23rd October 2011 at 22.25, arriving at Glasgow Airport at 03.00 (local time) on 24th October 2011. Flights may be subject to change or delay for reasons out of the Promoter's control. Winners and their guests must be available to travel on these dates. No alternative dates available. Each person may take one piece of checked in luggage which shall not exceed 15kg. The prize does not include any additional expenses including, but not limited to, travel to and from Glasgow airport, excess baggage charges and travel insurance. Winners and their guests must be in possession of a valid 10-year passport, and must have a minimum of 90 days validity for the duration of the holiday. Winners and guests must be in possession of any applicable visas.
6. In the event that any winner is unable to accept the prize for any reason, the Promoter reserves the right in its sole discretion to award the prize to an alternative winner on a fair and random basis as it sees fit, in which case the original winner will forfeit any rights to a prize and no exchange or alternative prize will be offered.
7. No cash or other alternative, except that, in the event of circumstances out of its control, the Promoter reserves the right to substitute the prize (or any part thereof) with one of equal or greater value. The prize can only be redeemed by the person who wins it and may not be transferred or sold to any other person or third party.
8. The prize winners' names and counties will be made available by sending a stamped SAE marked "BRUJET PROMOTION" to IRN-BRU MARKETING MANAGER, A.G. BARR p.l.c., WESTFIELD HOUSE, 4 MOLLINS ROAD, CUMBERNAULD G68 9HD.
9. Winning labels have been fairly and randomly distributed under the supervision of PromoVeritas, an independent promotional verification service.
10. If you have not found a winning label, you may visit www.irn-bru.co.uk and insert the promotional date code on your bottle or can, to claim your Barrhead Travel holiday discount voucher (the "Voucher"). Vouchers are available to be claimed in accordance with these terms until 31/03/2013. A Voucher entitles you to a 10% discount on Barrhead Travel's own brand holiday programme or manufactured 'tailor-made' holidays or to a 5% discount on any other tour operator holiday booked through Barrhead Travel. Only one Voucher per household. Only one Voucher can be used per booking. A Voucher may only be redeemed by the person to whom it has been issued and may not be transferred or sold to any other person or third party. Vouchers are valid for 6 months from date of issue. Vouchers cannot be used in conjunction with any other Barrhead Travel discount. Vouchers can only be used against an ABTA / ATOL bonded tour operator package holiday or cruise. Vouchers can only be redeemed on new bookings and not against bookings previously made with Barrhead Travel. No cash alternative. Standard Barrhead Travel terms and conditions apply.
11. The Promoter may stop any entrant's involvement with the Promotion pending and during an investigation into the integrity of the Promotion. The Promoter may disqualify any entrant if, in its sole opinion, such entrant has cheated or has jeopardised the integrity of the Promotion.
12. If a winning entry is disqualified for any reason, the Promoter reserves the right to award the prize to an alternative winner on a fair and random basis as it sees fit.
13. Winners may be required to participate in press and media activity surrounding the Promotion.
14. The Promoter's decision is final and no correspondence will be entered into.
15. To the fullest extent allowed by law, the Promoter accepts no responsibility for loss or injury as a result of participation in the Promotion or prize acceptance.
16. Entrants will be deemed to have accepted these Terms and Conditions and agreed to be bound by them when entering this Promotion.
17. This Promotion, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with Scots law. You irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Promotion.
PROMOTER: A.G. BARR p.l.c. Westfield House, 4 Mollins Road, Cumbernauld G68 9HD
SNOWMAN GIFTLIST FACEBOOK PROMOTION
TERMS AND CONDITIONS
1. The Snowman Gift Lift promotion (the “Promotion”) is open to residents of UK only (excluding the Channel Islands, Isle of Man, and Republic of Ireland) aged 18 years or over, excluding employees of the Promoter and their immediate families, or anyone professionally connected with the Promotion.
2. No purchase necessary. To enter, go online to the IRN-BRU Facebook page, select the Snowman Gift List application underneath the profile picture, and enter the required details to be in with a chance of winning the prize detailed below. Only one entry per person. Each entry will be valid for the duration of the promotion. Unsuccessful entrants will not be notified.
3. The closing date for entries is Fri 30th Dec 2011.
4. All eligible entries received will automatically be entered into a free prize draw. A draw will be made on Wed 4th Jan 2011 to select a winner. One winner will be selected – this will be the first qualifying entry drawn at random from all qualifying entries by an independent judge.
5. Winners will be notified by telephone or e-mail within 3 days of the draw.
6. There is one prize to be won. This prize comprises the items detailed on the IRN-BRU Facebook page.
7. In the event that any winner is unable to accept the prize for any reason, the Promoter reserves the right in its sole discretion to award the prize to an alternative winner on a fair and random basis as it sees fit, in which case the original winner will forfeit any rights to a prize and no exchange or alternative prize will be offered.
8. There is no cash or other alternative to any prize in whole or part, except that, in the event of circumstances out of its control, the Promoter reserves the right to substitute the prize (or any part thereof) with one of equal or greater value. The prize can only be redeemed by the person who wins it and may not be transferred or sold to any other person or third party.
9. The prize winners’ names and counties will be made available by sending a SAE marked “Snowman Wish List FACEBOOK PROMOTION” to IRN-BRU MARKETING MANAGER, A.G. BARR p.l.c., WESTFIELD HOUSE, 4 MOLLINS ROAD, CUMBERNAULD G68 9HD within 30 days after the closing date of the promotion.
10. The Promoter may stop any entrant’s involvement with the Promotion pending and during an investigation into the integrity of the Promotion. The Promoter may disqualify any entrant if, in its sole opinion, such entrant has cheated or has jeopardised the integrity of the Promotion.
11. If a winning entry is disqualified for any reason, the Promoter reserves the right to award the prize to an alternative winner on a fair and random basis as it sees fit.
12. Winners may be required to participate in press and media activity surrounding the Promotion.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. To the fullest extent allowed by law, the Promoter accepts no responsibility for any loss, damage or injury as a result of participation in the Promotion or prize acceptance.
15. Entrants will be deemed to have accepted these Terms and Conditions and agreed to be bound by them when entering this Promotion.
16. This Promotion, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with Scots law. Entrants irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Promotion.
17. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and entrants release Facebook from any and all liability in relation to this promotion. Entrants are providing their information to the Promoter and not to Facebook.
PROMOTER: A.G. BARR p.l.c. Westfield House, 4 Mollins Road, Cumbernauld G68 9HD
We respect your personal information and undertake to comply with applicable UK Data Protection legislation. You should be aware that if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your personal information and/or information concerning your activities whilst using the website we shall do so.
We reserve the right in our reasonable discretion to disclose details of your use of the website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the website whether in connection with the matters set out in these conditions or otherwise.
Please review our Privacy Policy (http://www.irn-bru.co.uk/privacy-policy.html ) which forms part of these conditions.
All entrants must register for the relevant competitions and/or promotions by giving their correct name and address together with their email address. By registering for the relevant competitions and/or promotions, you acknowledge that you have read and agree to the provisions contained within these Terms and Conditions.
For the purposes of the Data Protection Act 1998, you acknowledge that in the course of entering a competition and/or promotion on this website, where you have given consent by ticking the appropriate boxes upon registration, certain personal information or data about you will be captured electronically or otherwise and transmitted to A.G. Barr p.l.c. By entering into any competition, you expressly agree to transfer such personal information or data to / A.G. Barr p.l.c. to use, store and process the personal information for the purposes of such competition on this website. You have the right to access, modify and cancel your personal information or data by contacting us at A.G. Barr p.l.c., Westfield House, 4 Mollins Road, Westfield, Cumbernauld, G68 9HD Registered in Scotland (Reg No SC5653).
