Terms and Conditions
1. Diageo is supporting the recovery of the on-trade across certain cities over the next two years.
2. We will use the pledged amount to fund different types of support for the on-trade selected by us (Support). The Support will be released in stages, starting from 10 August 2020, and we will announce the different types of Support available via www.diageobaracademy.com (DBA). We will regularly assess the most effective ways to support the on-trade and we may change the types of Support available from time to time.
3. To be eligible to receive Support, you (Applicant or You) must:
a. be registered as a legal entity (for tax purposes) in your country of operation;
b. have operated a pub or bar outlet 12 months prior to the local or national lockdown commencing;
c. have a licence for the sale of alcohol; and
d. demonstrate at least one way in which you are or plan to “Raising The Bar” in your community. Examples could include promoting inclusion and diversity, job-creation or training and skills for disadvantaged groups or communities; promoting positive drinking and tackling harm or anti-social behavior; focusing on sustainability or community support.
4. You must follow the instructions notified to you by us (on the DBA website, by email or otherwise) to apply for the Support and we may require proof of your eligibility for Support.
5. There will be limits on how much Support each Applicant can apply for and this will be explained on DBA and/or in communications to you for each type of Support, once the Support has been announced. You must not attempt to circumvent any limits attached to Support. We will have the sole discretion to determine your eligibility and the amount of each type of Support you should receive.
6. We will fund the Support but third-party providers (Third-Party Suppliers) are responsible for providing the Support to successful Applicants. Each Third-Party Supplier is responsible for the Support they provide, and we are not liable for any loss or damage relating to the equipment and/or services provided by Third-Party Suppliers.
7. You must follow all instructions, guidance and terms relating to any equipment or service provided by a Third-Party Supplier.
8. You must take reasonable care and use all equipment and/or services provided in connection with the Support in a safe and responsible manner. You understand that the Support provided by Diageo is limited to providing the equipment and DBA platform for your guidance and to maintain hygiene standards while operating your outlet. You agree and acknowledge that while Diageo is agreeing to provide some form of Support, the implementation of personal hygiene and sanitisation measures at your on-trade outlet and by the personnel in your outlet will at all times be your sole responsibility and neither Diageo nor its affiliates will be liable or responsible for your negligent acts, omissions or the consequences resulting thereof.
9. You must comply with all applicable laws, rules, regulations and guidance of any regulatory authority in connection with this pledge and your use of the Support.
10. You must not resell or attempt to resell any equipment or services received in connection with the Support.
11. You shall be responsible for any and all taxation or other liabilities arising from your receipt and distribution of the Support. There will be no cash equivalent of the Support available.
12. If, following a successful application for the Support, you fail to take delivery or receipt of the relevant Support, we will use reasonable efforts to contact you and help you organise the receipt of the Support and if we are unable to contact you using reasonable efforts, we may remove you from participating in the Raising The Bar pledge.
13. Diageo may withdraw or amend the terms of the Raising The Bar pledge in the event of any unforeseen circumstances arising outside of its reasonable control.
14. Diageo may terminate or temporarily suspend the Raising The Bar pledge in the event of technical or other difficulties that might compromise its administration.
15. Diageo may amend these terms and conditions from time to time by posting updated terms on RTB.
16. If there is any reason to believe that there has been a breach of these terms and conditions, Diageo may exclude Applicants from participating in the Raising The Bar pledge.
17. Diageo may use personal data provided by you for the purpose of administering and fulfilling the Raising The Bar pledge and providing supporting materials which you have requested; we may share your data with Third-Party Suppliers in connection with the provision of Support. Personal data will be stored and processed in accordance with the applicable laws and Diageo’s privacy policy. Diageo’s privacy policy can be found here.
18. By agreeing to participate in the Raising The Bar programme you agree to receive further details by email/post of ongoing Raising The Bar and/or Diageo Bar Academy training, support, resources and tools. You can opt out of receiving these details at any point in the future.
19. You shall not make any use of the brands or other IP rights of Diageo or its affiliates or make any announcements or publications in relation to the Raising The Bar pledge without our written consent. Applicants may be contacted to take part in publicity for the Raising The Bar pledge.
20. Nothing in these terms seeks to exclude liability which cannot be excluded by law, including liability for death or personal injury caused by the negligence of either party or its employees.
21. You will not transfer any of your rights or obligations under these terms to anyone else without our consent. These terms do not confer any third-party beneficiary rights.
22. These terms and any dispute, proceedings or claim of whatever nature arising out of or in any way relating to these terms or their formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with [Indian laws and subject to the exclusive jurisdiction of the courts at Bangalore, India.
23. Applicant outlets are deemed to have accepted these terms and conditions by participating in the Raising The Bar pledge.
Organiser: United Spirits Limited, UB Tower, 24 Vittal Mallya Road, Bangalore 560 001(Diageo or We/Us).
Please Drink Responsibly.
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