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WEBSITE TERMS & CONDITIONS OF USE

Effective Date: 01/09/2011

Any use by you of the website operated by Guinness® & Co at www.guinness.com (the "Site") is conditional upon your acceptance of these Website Terms & Conditions of Use, including our Privacy and Cookie Notice (collectively, "Terms & Conditions"). We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility to review this page periodically for updates, which shall come into effect when posted. (See the box below for a summary of updates.) Your continued use of the Site constitutes acceptance of these Terms & Conditions. We reserve the right to change, modify, suspend, or discontinue any portion, features, or content of the Site at any time. We also may impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability. The Site is operated by a member of the Diageo group of companies, the ultimate holding company of which is Diageo plc (registered in England and Wales with company number 23307 and registered address at 8 Henrietta Place, London W1G 0NB, United Kingdom).

The Site is intended for your use only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or access, and you should leave the Site immediately.

You may restrict access to this site using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.

IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS IN THEIR ENTIRETY PLEASE LEAVE THE SITE NOW.

All references to 'our', 'us', 'we', or 'company' within these Terms & Conditions are deemed to refer to Diageo plc, its subsidiaries, affiliates and associates.

Rights

All rights in all material and content (including, but not limited to, text, images, web pages, sounds, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof) on the Site are owned or licensed by us. You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Terms & Conditions.

Intellectual Property

Unless otherwise indicated, we are the owner and/or authorised user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the "Intellectual Property") appearing on or contained within the Site. Except as provided in these Terms & Conditions, your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the Intellectual Property is prohibited.

Terms of Use and Acceptable Usage Policy Relating To Public Forums

Except as expressly authorized by law, by us, or by the applicable licensor in writing, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, or to create derivative works of, any or all of the materials or content available on the Site, or to use it for commercial purposes

Acceptable Usage Policy

The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of Linked Content from Interfacing Sites (as described in Section 5 below) (collectively, "Public Forums"), which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings ("Postings"). We may or may not actively monitor Postings on Public Forums. Similarly, we may or may not exercise editorial control over Postings on any Public Forum. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk.

We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where, in our sole discretion, we believe that there may have been such a misuse.

The following examples constitute misuse of the Site:

This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Site or Public Forums that may result in the restriction, suspension, or termination of your use of the Site or Public Forums. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.

Any Postings you make will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.

You represent and warrant that your Postings are original to you, do not infringe on another party's intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any "moral rights" in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose.

We are not responsible for maintaining your Postings and we may delete or destroy them at any time.

CONTENT, INFORMATION, AND MATERIALS POSTED BY USERS TO PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.

Interfacing Sites

You acknowledge and agree that we have no responsibility for the content ("Linked Content") hosted by unaffiliated websites ("Interfacing Sites") to which you or we may link from the Site, or otherwise display on the Site via an application programming interface or other method.

We do not host or store Linked Content. The display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by or association with us of such Linked Content, Interfacing Sites, or products, advertising, or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such Interfacing Sites, or for any action taken by Interfacing Sites.

We reserve the right to remove Linked Content from our Site or Interfacing Sites, to the extent we have such control, at any time, and for any reason, including violation of these Terms & Conditions or the applicable terms of use on the Interfacing Site.

To utilize some of the functionality of the Site you may be required to establish an account with a username and password with Interfacing Sites. As these are unaffiliated sites, we are not responsible for any username, password, or other information these sites may collect. We also will never ask you to provide us with your password for Interfacing Sites. If you are unable to establish accounts on these Interfacing Sites for any reason, you may not be able to fully utilize the functionality provided by the Site.

In addition to these Terms & Conditions, the Linked Content that is displayed on our Site, including your rights relating thereto, are subject to the applicable terms of use as set forth by the Interfacing Website.

Materials submitted by you

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site or any of its services, by email or in any other way. Any information or material you submit that has not expressly been requested by us will be deemed not to be confidential, secret, or proprietary. You agree that any information or materials you submit to the Site, whether ideas, creative concepts or other materials, in any format (including, but not limited to, writings, images, illustrations, audio recordings, and video recordings), may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any "moral rights" in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be waived or excluded.

Accounts and Security

We may enable you to establish an account with a username and password to access and use certain areas of the Site, Public Forums, and other services. You may not create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing the Site. You shall provide us with accurate account information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity using your account and password. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

NO WARRANTIES

THE SITE IS PROVIDED "AS IS," AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED, OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS AND SHALL BE TO DISCONTINUE USING THE SITE.

THIRD PARTY GOODS AND SERVICES

WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES, AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.

Your responsibility

You should always verify any information set forth on the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.

In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party's consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookie Notice and any uses we may make of such information.

NO LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, REGARDLESS OF WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER WE ARE OR HAVE BEEN EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US). EUROS

User Information

In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to such User Information are set forth in the Privacy and Cookie Notice. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

Indemnity

You hereby indemnify us and our officers, directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Site or Interfacing Sites, or your violation of these Terms & Conditions, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us and our officers, directors, agents, employees, and representatives against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defenses.

Restriction, Suspension and Termination

We may restrict, suspend, or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time if we believe that you have breached these Terms & Conditions. Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms & Conditions.

Entire Agreement

These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software, and you agree to abide by the terms and conditions of any such license agreements. Our failure to e xercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in that provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may, at our option, cede, assign, or otherwise transfer any or all of our rights and obligations under the Terms & Conditions to any third party or parties at any time.

Copyright And IP Agent for the United States

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of the alleged infringing activity and where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Copyright Agent: Diageo North America, Inc., 801 Main Avenue, Norwalk, CT 06851. Attn: Evan Gourvitz, Sr. Counsel Litigation, Intellectual Property, Telephone No: 01 203 2294264 Facsimile No: 203-229-8925. Email: copyright@diageo.com.

We may not be able to remove Linked Content that is hosted by Interfacing Sites. You may need to contact the appropriate Interfacing Site for removal of your work.

Export Controls

To the extent that software or technical data is accessible through the Site, such software or technical data may be subject to export, re-export, and/or import controls imposed by the United States or any other jurisdiction, and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (b) anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department's Table of Denial Orders.

Law and Jurisdiction

These Terms & Conditions, including the Privacy Statement and any matter relating to the Site, shall be governed by English law without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms & Conditions that is against or relating to us or any indemnified party will be subject to the exclusive jurisdiction of any state or federal court sitting in England, and you hereby irrevocably consent to the jurisdiction of such courts.

© 2011 Guinness® & Co. Park Royal, London, NW10 7RR.All rights reserved.

Version 9.0 dated 01/09/2011.



Guinness Arthur’s Day 2012 Pack Promotion

1. The Guinness Arthur’s Day 2012 Pack Promotion (the "Promotion") is open to entry (or other participation in) by individuals who reside in the Republic of Ireland and Northern Ireland aged 18 years or over (proof of age may be required) except employees of the Promoter, their families, employees of any associated companies or agents, and anyone professionally involved with this Promotion.

2. Entry into this Promotion shall be deemed to be a full and unconditional acceptance by the entrant of these Terms and Conditions.

3. Failure to adhere to these Terms and Conditions may result in disqualification from the Promotion and forfeiture of the Prize.

4. To enter the Promotion, entrants must go to www.guinnessdownload.com, which will direct them automatically to the site http://guinness.rubbikmusic.com. The entrant will be asked to enter the unique code that is situated in the inside of 6x500ml, 8x440ml & 8x500ml promotional packs of Guinness Draught in Can (the "Voucher Code"). These promotional packs are clearly labelled with the Arthur’s Day promotion. When the Voucher Code is validated, the entrant will be able to choose a free Music Download ("Music Download") from the music library on the website.

5. Only one free Music Download per Voucher Code.

6. The Promotion is open from 11:59am on 16/07/2102 to 11:59am on 31/10/2012.

7. The free Music Download consists of one song which is available for download from a variety of songs on www.guinnessdownload.com.

8. This promotion shall also be subject to the Digital Download Terms and Conditions and the Terms and Conditions relating to the Voucher Codes, available at www.guinnessdownload.com, which shall govern the redemption of the free Music Download. The promotion shall also be subject to the Website Terms of Use which shall govern usage of the website and the Privacy Policy which shall govern the collection and use of personal information gathered on the website. These are also available at www.guinnessdownload.com.

9. To avoid any confusion, if there is any inconsistency between any of the terms and conditions on www.guinnessdownload.com, the following order of precedence will apply:

  1. 1) These Terms and Conditions;
  2. 2) Digital Download terms and conditions;
  3. 3) Voucher Terms and Conditions;
  4. 4) Website terms of use;
  5. 5) Privacy Policy.

10. The availability of Music Downloads may vary from time to time. The Promoter reserves the right to amend the available music downloads, by increasing or decreasing the amount and/or type of Music Downloads on offer in the course of the promotion.

11. The Music Download offered as stated. The Music Download is non-transferable. No cash alternative, or alternative to the stated Music Download, will be offered. However the Promoter reserves the right to replace the Music Download with an alternative prize of equal or greater value.

12. Allocation of the Music Download is to individual(s) only.

13. The entrants may be required to participate in reasonable publicity.

14. The Promoter reserves the right to withdraw or amend the Promotion, Prize and/or these Terms & Conditions without notice.

15. The Promoter and their agents accept no responsibility for difficulties experienced in submitting an entry to the Promotion. The Promoter cannot be held responsible for a breakdown in communication systems or networks that might result in an entry not being registered or delivered.

16. The Promoter reserves the right to exclude the use of any Voucher Code(s) used to redeem a Music Download which it believes to be fraudulent or based on misconduct.

17. Neither the Promoter nor any of its associated or affiliated companies shall be liable to any Participant for any cancellation, discontinuance or delay affecting this Promotion.

18. The Promoter reserves the right to terminate or temporarily suspend this Promotion in the event of technical or other difficulties that might compromise its integrity.

19. The Promoter does not accept any liability for loss or damages incurred, or responsibility for any claim, as a result of acceptance of the Music Download. Specific Music Download arrival dates and times cannot be guaranteed and will be subject to availability.

20. This Promotion and these Terms & Conditions are governed by the laws of Ireland and subject to the exclusive jurisdiction of the courts of Ireland.

Promoter: ROI Diageo Ireland, St James's Gate, Dublin 8, Ireland.

NI: Diageo Northern Ireland, Gilbey Ho/58 Boucher Rd Belfast BT12 6HR

Enjoy GUINNESS sensibly

Visit drinkaware.ie



Arthur’s Day Promotional Pack – Digital Download Terms and Conditions

Please read these terms and conditions carefully before downloading any Digital Products from our website. If you have any queries on these terms please contact us at iecomplaints@umusic.com before placing any order.

1. Information About Us

http://guinness.rubbikmusic.com ("Website") is a site operated by or on behalf of Universal Music Ireland Limited ("we"). We are registered in Ireland under company number 30582 with our registered office at 9 Whitefriars, Aungier Street, Dublin 2, Ireland.

2. How These Terms Apply to Downloads

2.1 These Digital Download terms and conditions (together with the Website terms of use and Privacy Policy set out the terms on which we supply via our Website to you:

  1. any digital downloads of audio music tracks ("Digital Product") to your computer; and
  2. streaming of audio preview clips of Digital Product (up to 30 seconds in duration) ("Preview Clips")

2.2 By using this Website to download Digital Products and/or access Preview Clips you are accepting these Digital Download terms and conditions. Any terms which you seek to impose in respect of downloads through this Website shall not apply.

2.3 From time to time, product specific terms may apply in addition to or replace these terms in respect of certain Digital Products available on the Website. These product specific terms will be clearly indicated and featured on the Website in the order process for the relevant Digital Products.

2.4 To avoid any confusion, if there is any inconsistency between any of the terms and conditions on this Website and the Privacy Policy the following order of precedence will apply:

  1. 1) Product specific terms;
  2. 2) Digital Download terms and conditions;
  3. 3) Voucher Code Terms and Conditions;
  4. 4) Website terms of use;
  5. 5) Privacy Policy.

2.5 We recommend you review these terms and conditions each time you download Digital Products and print a copy of these terms and conditions for your future reference.

3. Territorial Restrictions

The Digital Products displayed on our Website are only available for download by customers located in the Republic of Ireland and Northern Ireland.

4. About You

4.1 By downloading Digital Products through our Website, you warrant that:

4.1.1 You are legally capable of entering into binding contracts;

4.1.2 You are 18 years of age or over;

4.1.3 You are downloading Digital Products for private, non-commercial use only and that you will not copy, distribute or share the Digital Products other than as allowed under these terms and conditions; and

4.1.4 You are a located in the Republic of Ireland or Northern Ireland.

4.2 By placing an order for Digital Products you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order. For information about how we may store, process and use your personal data please see our Privacy Policy.

5. Registration

Please see the Voucher Code Terms and Conditions for further details.

6. Digital Products

6.1 We provide the digital service on this Website which allows you to access and stream Preview Clips and download Digital Products (including information related to these products and associated artwork).

6.2 All Digital Products available through this Website are owned or controlled by us and are protected by intellectual property rights and upon redemption of your Voucher Code for the Digital Product(s) we grant you a non exclusive, non-transferable licence to (i) use the Digital Product(s) and (ii) stream Preview Clips for your own personal, non-commercial use in accordance with these terms and conditions.

6.3 You can store Digital Products on the hard drive of your computer and then export, burn or copy them but for your own personal, non-commercial use only. You agree that you will not distribute, sell, broadcast, rent, share, lend, modify, edit, sub-license or transfer any Digital Products available through this Website (whether the same are available as permanent downloads and/or streamed Preview Clips). These terms do not grant to you any rights in relation to the synchronisation, public performance, promotional use, sale, reproduction, distribution or commercial exploitation of any Digital Product.

6.4 You are responsible for ensuring that you do not lose, destroy, or damage any Digital Products you download through this Website. We shall not be obliged to replace any Digital Product in the event of any loss, destruction, or damage not caused by our negligence.

6.5 To prevent unauthorised use, Digital Products may carry a digital watermark that allows us to identify the origin of the Digital Product and track any subsequent unauthorised transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way.

7. Requirements to Access the Digital Product Services

7.1 In order to access and download Digital Products and/or Preview Clips you will need access to the internet via a compatible communications device. You acknowledge and agree that you are responsible for providing your own communications equipment and internet access at your own cost. You are also responsible for ensuring that any hardware you use to download Digital Products or access Preview Clips functions correctly with the Website.

7.2 You acknowledge that due to industry/technology developments, the nature of the Digital Products (including Preview Clips) offered and the system requirements may change from time to time. We shall use reasonable endeavours to update our Website with information relating to system requirements.

8. Downloading and how the Contract is Formed Between you and us

You can only download Digital Products via the website using the Voucher Codes. A contract between you and us for the supply of the Digital Product is formed when you download the Digital Product.

9. Availability and Delivery

9.1 All Digital Products featured on our Website are subject to availability. We reserve the right to change or remove a Digital Product or other content on the Website at any time without notice or liability to you. We will endeavour to make it clear where Digital Products offered are available for a limited time.

9.2 We update our Website regularly to avoid causing disappointment but it can take time to update our Website and we cannot guarantee that any particular Digital Product will be available at a particular time.

10. Cancellations and Returns

10.1 You may not cancel an order by you for any permanent download of a Digital Product once it has been made available for download by you and each permanent download shall be deemed a final, non-exchangeable, non-refundable transaction.

Incorrect/Faulty/Defective Digital Products

10.2 We take great care in providing our Digital Products. In the unlikely event of faults with the Digital Products please contact us at iecomplaints@umusic.com. We will replace any such faulty Digital Product if possible or if there are continuing issues with the Digital Product we may credit your Account with an alternative Voucher Code. You must notify us within a reasonable period of time of download of the Digital Product which is incorrect, faulty or defective. If you fail to notify us within a reasonable time, we will have no liability to you.

11. Explicit / Objectionable Material

There may be Digital Products available through this Website which you might consider to be explicit, offensive, indecent, or objectionable, and which may or may not be identified as such. Please bear this in mind when you use the Website. We may (but subject to applicable laws are not obliged to) label some Digital Product as "explicit" or "parental advisory". We shall, to the extent permitted by law, have no liability to you for exposure to Digital Product (and/or any Preview Clips of the same) which you consider to be offensive, indecent, or objectionable and use of the Website is at your sole risk.

12. Termination of your Account

12.1 If you are in breach of, or we suspect you are in breach of, these Digital Download Terms and Conditions then we may take any/all of the following actions:

  1. issue a warning to you;
  2. immediate, temporary or permanent withdrawal of your access to your account and/or the Website however you will remain responsible for all outstanding amounts on your account;
  3. legal action against you; and/or
  4. disclosure of information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited and we may take any action we reasonably deem appropriate.

13. Our Liability to you

PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU

13.1 You agree you will have no claim against us, in respect of any decision to remove Digital Products from this Website or any decision to suspend or terminate your access to this Website or to Digital Products through the Website.

13.2 We warrant to you that any Digital Product downloaded via our Website is of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied. We do not make any other promises or warranties about the Digital Products. You agree that use of this Website to access or download Digital Products is at your sole risk.

13.3 If you or we are in breach of the contract for the Digital Product, neither of us will be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by you and us at the time you download a Digital Product via the Website.

13.4 Our liability for losses you suffer as a result of us breaking a contract for a Digital Product(s) is strictly limited to a replacement of the relevant "Voucher Code" used to acquire the Digital Product(s) affected.

13.5 We are not responsible for losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to any indirect or consequential loss of any kind, loss of profits, loss of anticipated savings or any other type of economic loss or damage to corruption of data however arising and whether caused by tort (including negligence), breach of contract or otherwise.

13.6 This section 13 does not exclude or limit in any way our liability:

13.6.1 for death or personal injury caused by our negligence; or

13.6.2 for fraud or fraudulent misrepresentation.

14. Written Communication

When using our Website, you accept that communication with us will be mainly electronic, you agree to this electronic means of communication comply with any legal requirement that such communications be in writing.

15. Notices

All notices given by you to us must be given to Universal Music Ireland Limited at 9 Whitefriars, Aungier Street, Dublin 2. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.

16. Transfer of Rights and Obligations

No assignment of this contract is permitted by either you or us but you agree however that we may sub-contract our obligations (for example contracting with a third party company to deliver the Digital Product) provided that we remain responsible to you for the performance of the contract.

17. Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for a Digital Product that is caused by events outside our reasonable control such as for example only and this list is not exhaustive, strikes or other industrial action, civil commotion, terrorist attack, war or threat of war, fire, explosion, storm, flood, earthquake or other natural disaster, impossibility of the use of public or private telecommunications networks and/or the acts, legislation or regulations of any government (Force Majeure Event). Our performance under any contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance the same as the duration of that period.

18. Waiver

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

19. Severability and Third Party Rights

19.1 If any of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

19.2 A person who is not a party to these terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

20. Entire Agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract relating to the Digital Products.

21. Our Right to Vary these Terms and Conditions

21.1 We have the right to revise these terms and conditions from time to time.

21.2 You will be subject to the policies and terms and conditions in force at the time that you download Digital Products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

22. Law and Jurisdiction

These terms and conditions will be governed by Irish Law. Any claim arising out of or in connection with such contracts or their formation shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Ireland.

23. Questions or Complaints?

If you have any queries at all, please do not hesitate to contact us via e-mail at iecomplaints@umusic.com or via post to Guinness Promotion, Universal Music Ireland Limited, 9 Whitefriars, Aungier Street, Dublin 2, Ireland and we will be more than happy to assist you.



The Arthur Guinness Fund Terms & Conditions

The applicant shall be deemed to accept and to agree to abide by the following terms and conditions ("Terms and Conditions").

  1. Submission of an application to the 'Arthur Guinness Fund awards programme' constitutes acceptance of these Terms and Conditions, which shall include any instructions which may be separately or subsequently provided by Guinness & Co.
  2. Entry to the application for the 'Arthur Guinness Fund awards programme' is free. All entries must be received by November 30th 2011 5pm.
  3. Only one entry per person/organisation.
  4. Applications must be submitted on-line. Please ensure you submit a valid and working email address as we will email you a copy of your application after submission. We will do this only once.
  5. Entries that are altered, amended or damaged shall be deemed invalid. Proof of making an entry does not constitute proof of receipt by Guinness & Co. No responsibility will be accepted for entries lost, damaged, or delayed.
  6. The primary applicant (person completing the application form) must be 18 years old or over at the time of submitting the application form. Personnel working on the project must also be 18 years old or over.
  7. Successfully short-listed applicants will be notified via email and/or phone by March 2012, so a valid email account and phone number are required for your submission. The winner(s) will be announced by May 2012.
  8. Cheques will not be made payable (nor funding otherwise given) to individuals but rather to organisations only.
  9. The applicant will retain all proprietary rights to his/her business ideas and plans.
  10. The applicant expressly warrants and confirms that his/her proposal is his/her own original work, is not defamatory and does not infringe any applicable laws or the intellectual property and/or any other rights of any third party, and the applicant further expressly warrants and confirms that he/she has the right, power and authority to give Guinness & Co. permission to use his/her proposal. The applicant undertakes that he/she shall not knowingly or negligently infringe any third party rights including intellectual property and goodwill or damage the reputation of a third party or cause or allow Guinness & Co. / the Arthur Guinness Fund inadvertently to do so.
  11. The applicant expressly acknowledges and agrees as a condition of entry to allow Guinness & Co to use, for the purposes of publicity and in any media worldwide, each applicant’s name, any photographs, images, text, content and other information that he/she provides.
  12. Finalists and winners, as a condition of entry, agree to be involved in publicity relating to the Arthur Guinness Fund, for their projects, their logos and other information related to the winner being publicised alongside the Guinness & Co name, and to co-operate in publicity events and for photographs of them taken at such events to be used by Guinness & Co for publicity in any media worldwide.
  13. The applicant must make his/herself available to respond to the judges' queries and to present his/her proposal at the relevant stages of this application process.
  14. Guinness & Co. expressly reserves the sole discretion and right to disqualify any applicant and/or application form which violate the rules, regulations or the spirit of the Arthur Guinness Fund award program. In such circumstances, the applicant in question will be notified by Guinness & Co.
  15. Guinness & Co. expressly reserves the sole discretion and right to alter the eligibility criteria or other application rules, judging criteria/process and / or timelines in such manner as it sees fit at any time including, without limitation, to the right to extend the application deadlines at any time. The applicant, where necessary will be notified of any such alterations by Guinness & Co.
  16. The list of finalists and winners, including the ideas/proposals may be published on www.guinness.com
  17. All decisions made by Guinness & Co. judges are final.
  18. Guinness & Co. must be provided with advance written notice of any proposal by or on behalf of a finalist or winner to publish or announce their finalist or winner status or any related details. Applicants agree that Guinness & Co. is entitled to final approval of any such proposed publication or announcement and that the making of any such announcement or issuing of any such publication is subject to the finalist or winner obtaining Guinness & Co.’s prior written consent.
  19. The applicant shall indemnify Guinness & Co. to the fullest extent possible by law against any loss and / or damage whatsoever or howsoever arising which Guinness & Co. suffers or incurs as a result of a breach of any warranty, confirmation, undertaking or agreement given by the applicant to Guinness & Co. hereunder or howsoever otherwise provided by the applicant to Guinness & Co. in connection with the Arthur Guinness Fund.
  20. By considering applications, Guinness & Co. is not implying endorsement of any applicant, its organisation, its aims, function, remit, purposes, products or services. All applications must comply with all legal and regulatory requirements in relation to applying to the Arthur Guinness Fund imposed on the applicant or its associated organisation.
  21. The applicant expressly agrees that he/she will not at any time, without Guinness & Co. prior written consent, disclose or reveal any information disclosed by Guinness & Co. or its officers or agents, including, but not limited to, any terms of funding offered by Guinness & Co. or any of its associated group companies to the applicants, or the terms applicable to any donation, except as may be required by law.
  22. Short listed applicants will be required to sign a confidentiality agreement with Guinness & Co.
  23. All expenses of application to and participation in The Arthur Guinness Fund are the sole responsibility of the applicant.
  24. Any failure on the rrpart of Guinness & Co. to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision and shall not be deemed to be a waiver of any other term or condition hereunder, or a subsequent breach of such term or condition.
  25. All application forms should be submitted in English.
  26. "The Arthur Guinness Fund" and the Terms and Conditions will be governed by Irish law and any dispute will be determined by the exclusive jurisdiction of the Irish courts.

Guinness & Co is a registered business name of Diageo Ireland, St. James's Gate, Dublin 8.

Data Protection

Guinness & Co. is the data controller for the purposes of the Data Protection Acts 1988 and 2003. Please contact Guinness & Co here if you have any queries relating to the use of your data.
By completing this application form you are agreeing that Guinness & Co. use the information you provide in order to process your application for the Arthur Guinness Fund. While processing your application the information you provide may be made available to members of evaluation and interview groups chosen by Guinness & Co. We may also use the information you provide on this form to contact you about the Arthur Guinness Fund awards programme and your application.
If your application is successful we will retain it and any information on your project as submitted by you to Guinness & Co. and as contained in other publicly available printed and electronic form for as long as you or your project benefit from money from the Arthur Guinness Fund and 2 years thereafter we will delete all information regarding you, your project and your application in a secure manner, save for a summary of your project for which we will retain the right to publish in either printed or electronic form as a historical record of our awards.
If your application is unsuccessful we will delete it in a secure manner within one year of the completion of the application process.



GUINNESS: ARTHUR’S DAY

VOTE FOR YOUR LOCAL CAMPAIGN

TERMS AND CONDITIONS FOR CONSUMERS

1. On Thursday 27 September 2012 Diageo and Guinness will be holding the 4th Arthur’s Day across pubs in the Republic of Ireland and Northern Ireland as well as events across the globe (“Arthur’s Day”).

2. Hundreds of pubs across the Island of Ireland have agreed to participate in the ‘Vote for your Local’ campaign as part of Arthur’s Day 2012.

How the Vote for Your Local Campaign works

3. Consumers will be able to vote (as set out below) for any participating pub (the “Pub”) to be in with a chance of winning one of 10 Headliners to play in that Pub on Arthur’s Day (the “VFYL Campaign”).

4. 10 separate Headliners have agreed (subject to various terms and conditions) to play one-off secret gigs within winning Pub(s) across 6 regions.

5. Each participating Pub will, for voting purposes, be placed within a Region based on their location (see table below). However, consumers will be able to vote for any of the participating Pub(s).

6. The 6 Regions and number of Headliners available per Region are set out below:

Region Number of Headliners Number of winning Pubs from that Region
1 Central Dublin and within the M50 4 4
2 Central Cork City and a within a 15 kilometre radius 2 2
3 Central Belfast City and within a 15 kilometre radius 2 2
4 Central Limerick City and within a 15 kilometre radius 1 1
5 Central Galway City and within a 15 kilometre radius 1 1
6 Rest of Republic of Ireland and Northern Ireland 1 1

7. The participating Pub(s) with the most number of votes under the VFYL Campaign in the relevant Region may have an opportunity to host one of the 10 Headliners to perform live at their Pub on Arthur’s Day 2012.

How to Vote

8. Voting is open to all individuals who reside in the Republic of Ireland and Northern Ireland aged 18 years or over (proof of age may be required) except employees of the Promoter, their families, employees of any associated companies or agents, and anyone professionally involved with the VFYL campaign.

9. There are several ways in which you can successfully vote:

  1. a. through an Application hosted on Facebook (“Facebook App”); and/or
  2. b. via text message Freetext to 50400 in the Republic of Ireland and 81515 in Northern Ireland (“Freetext”); and/or
  3. c. via mobile web browser at www.vote4yourlocal.com (“Smartphone Browser”).

and different terms and conditions apply according to the way in which you vote.

10. To vote via the Facebook App you must have a Facebook account and become a fan of the Guinness Ireland Facebook page and then enter the Facebook App on that page and follow the instructions to vote for the participating Pub of your choice. Please note that the Facebook App Terms and Conditions of Use will also apply to any voting and your use of the Facebook App. In the event of any inconsistency between these Terms and Conditions and the Facebook App Terms and Conditions of Use, these Terms and Conditions shall take precedence.

11. To Vote via Freetext you must text VOTE plus the participating Pub Name and their 3 digit code (E.G. VOTE MYPUBNAME 123) to 50400 in the Republic of Ireland and 81515 in Northern Ireland. You can find the 3 digit code on posters in participating Pubs or by asking the staff at the participating Pub.

12. To Vote via the Smartphone, you must visit www.vote4yourlocal.com using your Smartphone web browser and follow the instructions to enter the site and to place your vote.

13. You can vote for a participating Pub once per medium (Facebook App, Freetext, Smartphone Browser) per day.

14. By voting for a particular Pub you are not tied to that Pub and are free to vote for other participating Pubs in the future should you wish.

15. You will be able to vote from 11.30am on 15 August 2012 until 12.00am on 16 September 2012.

How the Votes will be Counted

16. Each vote (whether by Facebook App, Freetext and/or Smartphone Browser) will count as one vote for the chosen Pub.

17. After the closing date, all votes will be counted and verified by the Promoter and/or an independent adjudicator.

How a Winning Pub is Selected

18. The Pub (or the top Pubs depending on the Region and the number of Winning Pubs noted in the Table above) which receives the most votes by the closing date, will be checked by a Diageo representative to ensure that it has complied with its’ contractual obligations in relating to the VFYL campaign.

19. The Pub will also be checked by the external talent management agency to ensure its’ suitability to host one of the Headliners on Arthur’s Day. Any such decision is entirely outside the control of Diageo.

20. Diageo cannot guarantee that the external talent management agency or the Headliner’s record company (the “Record Company”) and/or the Headliner and/or its Agent will agree to the Headliner’s performing in any Pub on Arthur’s Day. Any such decision is entirely outside the control of Diageo.

21. In the event that the Headliner is unable to perform at the Pub (in accordance with Conditions 18 – 20 above) then the Pub with the next highest amount of votes in its’ Region will then be considered and will be subject to meeting the criteria set out in Conditions 18 – 20.

22. If the external talent management agency and/or Record Company and/or the Headliner and/or its’ Agent confirm that the Headliner will play at the Winning Pub(s), Diageo and/or its agents will contact the Winning Pub(s) to notify them.

23. In order to ensure the secrecy and confidentiality of Arthur’s Day Diageo is not obliged to notify consumers or the Winning Pub(s) of the name of the Headliner that will perform in the Winning Pub. Diageo has full discretion to determine which Headliners will play where subject to prior agreement with the external talent management agency or the Record Company.

No Guaranteed Entry to the Pubs on Arthur’s Day

24. Please note that by voting for a participating Pub you are not guaranteed entry on Arthur’s Day to that Pub and/or any other participating Pub(s).

25. The participating Pub(s) and Promoter reserve the right to refuse entry to the Pub on Arthur’s Day for any reason.

General Conditions applicable to VFYL

26. You are deemed to have accepted these terms and conditions by participating and voting in the VFYL Campaign.

27. The Promoter reserves the right at any stage to amend, alter, withdraw, suspend and/or replace the VFYL Campaign and/or these Terms & Conditions without notice.

28. The Promoter reserves the right to terminate or temporarily suspend this Promotion in the event of technical or other difficulties that might compromise its integrity.

29. The Promoter and their agents accept no responsibility for difficulties experienced in submitting votes to the VFYL Campaign. The Promoter cannot be held responsible for a breakdown in communication systems or networks that might result in an entry/vote not being registered or delivered.

30. The Promoter accepts no responsibility for entries not received, not delivered, incomplete, indecipherable, or not in accordance with the entry instructions. No responsibility will be accepted for any entries that are delayed or that are unable to be sent due to lack of network coverage, operator error, handset MMS incompatibility issues, messaging loss, delays or billing issues or any other reasons beyond its control. Proof of texting will not be taken as proof of entry. The mobile provider running the mobile element of this Campaign is Return2Sender, 4/5 Trinity Street, Dublin 2, +35316790640.

31. The Promoter reserves the right to exclude any entries/votes which it believes to be fraudulent or based on misconduct.

32. You agree not to use any methods deemed by Diageo and/or its independent adjudicator to breach fair play including buying votes, using vote sharing websites, multiple Facebook accounts or soliciting votes in any way. If in the reasonable opinion of Diageo You or others have acted in a manner that is inappropriate and inconsistent with the philosophy of fair play, Diageo reserves the right to suspend, exclude or terminate the Pub’s participation in the VFYL Campaign.

33. No Tampering, Right To Cancel, Modify. Diageo and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, designees, clients, sponsors, licensees, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to participants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate these terms and conditions; (b) Participants who have committed fraud or deception in entering or participating in the VFYL Campaign; (c) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties.

34. Diageo reserves the right, in its sole discretion, to disqualify any Consumer, Vote and/or Pub it finds to be: (a) tampering with the voting process or the operation of the VFYL Campaign, or with any website promoting the VFYL Campaign; (b) acting in violation of these terms and conditions; or (c) voting or attempting to vote in the VFYL Campaign multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Diageo determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the VFYL Campaign, Diageo reserves the right to void, terminate and/or suspend participation of an Pub in the VFYL Campaign at any stage, and/or terminate the relevant portion of the VFYL Campaign, including the entire VFYL Campaign, and/or modify the VFYL Campaign and/or award the A-list artist prize based upon the criteria set forth in these terms and conditions.

35. Neither the Promoter nor any of its associated or affiliated companies shall be liable to any person for any cancellation, discontinuance or delay affecting the VFYL campaign.

36. This VFYL Campaign is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information and votes to Guinness as part of Arthur’s Day 2012 and not to Facebook. The information you provide will only be used for communication associated with this campaign or for further brand communication if the entrant has specifically opted in to receive this.

37. These Terms & Conditions are governed by Irish law and subject to the exclusive jurisdiction of the Irish Courts.

38. These Terms & Conditions were last updated on 15 August 2012.

Promoter: Diageo Ireland, St James's Gate, Dublin 8, Ireland.

Enjoy Guinness sensibly



TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) apply to your use of (i) the Guinness Vote For Your Local Facebook App (“Facebook App”) accessible via http://www.facebook.com/GuinnessIreland/app_269888889778828 (the app available on the above platform is referred to as the “App”).

The App is controlled and operated by Diageo Ireland, St James’s Gate, Dublin 8, Republic of Ireland. All references to 'our', 'us', 'we', ‘company’ or ‘the Promoter’ refer to Diageo Ireland, its subsidiaries, affiliates and associates.

By accessing and using the App you will be deemed to have accepted these Terms and Conditions, and the additional terms and conditions referred to below. If you do not agree with any of these Terms and Conditions, or any additional terms and conditions referred to below, you should not use or access the App. Failure to abide by any of these Terms and Conditions may disqualify you from taking part and your votes may be deemed invalid.

GUINNESS VOTE FOR YOUR LOCAL – VOTING DETAILS FOR CONSUMERS

These Voting Details should be read alongside the Guinness Vote For Your Local Campaign Terms and Conditions. Below are terms and conditions and further details which relate solely to the use of the Facebook App for voting purposes. Unless stated otherwise, capitalised terms in these Voting Details will have the same meaning as in the Guinness Vote For Your Local Campaign Terms and Conditions.

A. Voting for the Vote For Your Local (“VFYL”) campaign is open only to legal residents of Republic of Ireland and Northern Ireland who are aged 18 or over. Voting is open to all individuals who reside in the Republic of Ireland and Northern Ireland aged 18 years or over (proof of age may be required) except employees of the Promoter, their families, employees of any associated companies or agents, and anyone professionally involved with the VFYL campaign.

B. Consumers can place their vote from 11.30am (GMT) on 15 August 2012 until 12.00am (GMT) on 16 September 2012.

C. Consumers can vote for a participating Pub once per day.

D. The Pub with the most votes from consumers will receive from the Promoter the chance to host an Arthur’s Day event with a Headliner as described and subject to the conditions in the Guinness Vote For Your Local Campaign Terms and Conditions.

E. You agree not to use any methods deemed by Diageo and/or its independent adjudicator to breach fair play including buying votes, using vote sharing websites, multiple Facebook accounts or soliciting votes in any way. If in the reasonable opinion of Diageo You or others have acted in a manner that is inappropriate and inconsistent with the philosophy of fair play, Diageo reserves the right to suspend, exclude or terminate the Pub’s participation in the VFYL Campaign.

F. Any fraudulent or deceptive voting practices are not permitted and will lead to disqualification of the Pub which is behind the practices.

G. The organisation of the VFYL Campaign, voting and its rules and regulations are governed by Irish law.

H. The winning events will take place on Arthur’s Day on Thursday 27 September 2012.

App Terms and Conditions

1. Your use of the App

1.1 Provided you comply with these Terms and Conditions (and the terms and conditions referred to below), the Promoter grants you permission to use the App by way of a non-exclusive and non-transferable licence. This means that whilst others may be granted permission to use the App, they may only be granted such permission by the Promoter and not you. For the avoidance of doubt you do not own the App.

1.2 The ownership of all intellectual property rights in or relating to the App and the content of the App are the property of the Promoter and/or its licensors. No rights are granted to you other than those expressly granted to you under these Terms and Conditions.

1.3 You may use the App for your personal and non-commercial use only.

1.4 You understand and accept that the hardware you use to access the App will require certain software in order for the App to work correctly and it is your sole responsibility to ensure that you have the required up-to-date software.

1.5 The may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the Promoter’s control.

1.6 The Promoter does not charge users for use of the App or when voting via the App. However, mobile network operators may charge their customers’ data charges for using the App. Data charges may vary depending on the entrant’s mobile network operator and tariff and entrants should contact their mobile network operator for more details.

1.7 The App is provided "as is", and your use of it is at your own risk. We do not warrant or make any guarantees that the App will be free from viruses, available or that its contents or operation will be accurate and/or error-free.

1.8 Although we take reasonable steps to secure the App, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the App will be safe from unauthorised access or use.

1.9 We, our officers, directors, employees, agents and assignees, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement.

2. Additional Terms and Conditions

2.1 The Facebook App is made available via Facebook. Your use of the Facebook App is therefore subject to the relevant Facebook terms and conditions at www.facebook.com/terms.php?ref=pf (the “Facebook Terms”).

3. Restrictions on use of the App

3.1 You must not use the App to do any of the following:

  1. (i) use the App for any improper, unlawful, or immoral purpose;
  2. (ii) cause any nuisance by your use of the App or cause the operation of the App to be jeopardised or impaired;
  3. (iii) create, host, or transmit any defamatory, offensive, or obscene material, or engage in activities which would cause offence to others on grounds of race, religion, creed, or sex;
  4. (iv) harm or attempt to harm minors in any way;
  5. (v) create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability;
  6. (vi) create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or proprietary rights of any other party;
  7. (vii) create, host, or transmit unsolicited advertising material to other users;
  8. (viii) create, host, or transmit any material that harasses another;
  9. (ix) make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like;
  10. (x) add, remove, or modify identifying network header information or copyright management information, including author names, publication dates, or clearance agency names, in an effort to deceive or mislead;
  11. (xi) access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
  12. (xii) collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;
  13. (xiii) any activity which adversely affects the ability of other people or systems to use the App or the Internet generally, including, without limitation, flooding and hacking;
  14. (xiv) resell, repurpose, or redistribute any intellectual property provided by us our contractors or our licensees without our prior written consent;
  15. (xv) impersonate any person or entity or using a false name that you are not authorised to use;
  16. (xvi) encourage, condone, or glamorise under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages; or
  17. (xvii) except as provided for in these Terms and Conditions, disclose any personally identifiable information about yourself or any other party (e.g. telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived).

General Terms and Conditions

4. The Promoter’s Responsibility and Liability

4.1 The Promoter will not be responsible for the content of any material submitted by entrants and entrants accept that (i) they will be responsible for ensuring that any material submitted does not infringe the rights of any third party (including intellectual property rights) and (ii) they will be liable for any claims, losses, fines, penalties, costs or damages suffered or incurred as a result of any such infringement.

4.2 The Promoter will not be responsible for lost, late, damaged, corrupted, illegible, misdirected, or incomplete voting entries, or for entries not received due to lost, failed delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries.

4.3 You agree that, to the extent permissible by law, the Promoter and its affiliates, agents and their employees and directors assume no liability for injuries, losses or damages of any kind to property or persons, resulting in whole or part, directly or indirectly, from voting, any acts or omissions of any entrant, or participation in the voting in any way.

4.4 To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the App or from any computer virus transmitted through the App, or other sites accessed from the App, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage.

4.5 In no event shall the Promoter’s total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising out of or in connection with these Terms and Conditions exceed, in the aggregate, €10.00.

4.6 The Promoter shall not be in breach of these Terms and Conditions, nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions, if such delay or failure result from events, circumstances or causes beyond its reasonable control.

4.7 Nothing in these Terms and Conditions shall exclude the Promoter’s liability for death or personal injury as a result of its negligence or fraudulent misrepresentation.

5. General

5.1 The Promoter reserves the right, in its sole discretion, to cancel or suspend all or a portion of the VFYL Campaign, should viruses, bugs or other causes beyond the control of the Promoter corrupt the administration, security or proper operation of any voting mechanism of the VFYL Campaign.

5.2 The Promoter reserves the right to withdraw or amend the VFYL Campaign in the event that it or its conduct of the voting is affected or is likely to be affected by any unforeseen circumstances and/or circumstances outside its reasonable control.

5.3 The Promoter reserves the right to change the rules and timings at time and for any reason.

5.4 These Terms and Conditions including the Guinness Vote For Your Local Terms and Conditions, the Privacy Policy constitute the entire agreement between you and us in relation to their subject matter and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever between us.

5.5 The failure by the Promoter to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

5.6 If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.

5.7 The Promoter may assign or otherwise transfer its rights and obligations under these Terms and Conditions to third parties.

5.8 The Promoter will use entrants’ personal information only in accordance with the Privacy Policy available at http://www.guinness.com/en-ie/privacy.html.

5.9 The Promoter reserves the right to change the contents of the App, including these Terms and Conditions at any time, without notice, and such changes shall be effective immediately when they are made available on the App. The date these Terms and Conditions were last updated appears at the bottom of these Terms and Conditions. It is your responsibility to familiarise yourself with these Terms and Conditions on a regular basis to ensure that you are aware of any changes. Your use of the App following any such changes will constitute your acceptance of the revised Terms and Conditions. We recommend that you print and store or save a copy of these Terms and Conditions for future reference.

5.10 These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of Ireland. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.

5.11 5.11 In the event that you have a complaint regarding the App please contact us via email. The Promoter will use all reasonable endeavours to consider any complaints but will not be obliged to reply.

5.12 These Terms and Conditions were last updated on 16 August 2012.

Please Drink Responsibly



Your chance to win a VIP Arthur's Day Experience Prize Draw Competition - Terms and Conditions

The 'VIP Arthur's Day Experience' (the "Promotion") is open to residents of the Republic of Ireland and Northern Ireland aged 18 years or over only (proof of age may be required), excluding employees of the Promoter, their families, any associated or affiliated companies or any agencies professionally involved or otherwise associated with the Promotion.

No purchase is necessary.

To enter, users must complete all of the mandatory fields and click 'SUBMIT' to be entered into the competition prize draw. Only one entry per person.

There will be four (4) winners. The winners will be selected at random after 12:00pm on Wednesday 19th September 2012.

Each winner will receive four (4) Arthur's Day Experience passes for the GUINNESS STOREHOSUE®, four (4) tickets to an Arthur's Day studio pub venue in Dublin and overnight accommodation for one night for four (4) people at a Dublin hotel consisting of two (2) standard double rooms. All elements of the prize are to be used on Thursday 27th September 2012.

The Promotion is open from 12:00pm on Monday 10th September 2012 and closes on Wednesday 19th September 2012 at 12:00pm. Offer is as stated. The prize is non transferable and there is no cash alternative.

The winner will be contacted by phone or email after 12:00pm on Friday 21st September 2012 and the tickets will be available for pick-up from a specific location in Dublin on Arthur's Day (Thursday 27th September 2012).

The Promoter does not accept liability for loss or damages incurred, or responsibility for any claim, as a result of acceptance of the prize.

The winner and their guest must be 18 years of age or over.

The winners' names can be found out by sending an SAE to Target McConnells, 20 Northumberland Rd, Dublin 4. No other correspondence will be entered into and the Promoter's decision is final.

The winners may be required to participate in reasonable publicity.

The Promoter does not accept any liability for loss or damages incurred, or responsibility for any claim, as a result of acceptance of this prize.

The Promoter reserves the right to amend and/or withdraw the Promotion, the prize and/or these terms and conditions without notice.

The Promoter reserves the right to terminate or temporarily suspend the Promotion in the event of technical or other difficulties that might compromise its integrity.

By participating in the Promotion and entrant is deemed to have unconditionally accepted these terms and conditions.

Entrants' personal data will only be held for the purposes of contacting and selecting the winner and will not be used for any other purposes without their prior permission.

These terms and conditions shall be governed by and construed in accordance with Laws of Ireland and subject to the exclusive jurisdiction of the Courts of Ireland.

The Promoter is Diageo Ireland, St James's Gate, Dublin 8, Ireland



ARTIST AND RECORD LABEL PROMOTION 2012: TERMS AND CONDITIONS - ROI and NI

1. The “Arthur’s Day TV Specials” (the “Promotion”) is open to all residents of the Republic of Ireland and Northern Ireland aged 18 years of age and over (proof of age may be required) except employees of the Promoter, their families, employees of any associated companies or agents, and anyone professionally involved with this Promotion.

2. No purchase is necessary.

3. Entry into this Promotion shall be deemed to be a full and unconditional acceptance by the entrant of these Terms and Conditions.

4. Failure to adhere to these Terms and Conditions may result in disqualification from the Promotion and forfeiture of the Prize.

5. Passes to the ‘Arthur’s Day TV Specials’ are compilmentary and are not for sale nor transferable.

6. The Prize consists of 4 passes to the relevant artist’s Arthur’s Day TV special on 27th September 2012. For the avoidance of doubt, travel and accommodation will not be provided by the Promoter.

7. To enter: users must enter their details in the mandatory fields and answer the multiple choice question if applicable.

8. The different promotions open on various dates through the week comencing 17th September 2012. Promotions will close on various dates through week commencing 24th September 2012. Timings are at the discretion of the Promoter.

9. Only one entry per person will be accepted into this Promotion.

10. Each winner will be notified that they have won during week commencing 24th September 2012. The location will not be disclosed until 27th September 2012.

11. The draw will take place during week commencing 24th September 2012. Winners will be selected from the pool of entrants. The Promoter reserves its right to select winners based on their location in respect to the venue.

12. The Prize winner(s) will be notified via phone within 1 working day of the draw.

13. To claim the Prize, the winners must confirm acceptance of the Prize by phone and provide their date of birth.

14. Winner will be contacted again by phone on 27th September 2012 to be informed of the venue

15. A Prize winner and all winner’s guests must be aged 18 years or over (valid ID will be required on the night).

16. Winners and their guests must be at their designated venue before 7pm to guarantee entry.

17. ROAR. The venue and event organisers have the right to refuse admission and a valid ID will be required from all attendees.

18. All attendees must agree to be filmed on the night for broadcast on TV and online.

19. Allocation of Prizes will be to individuals only.

20. The winners and their guests may be required to participate in reasonable publicity.

21. The Promoter reserves the right to amend, terminate or temporarily suspend this Promotion, and/or the Prizes, without notice.

22. The Promoter reserves the right to withdraw or amend these Terms and Conditions without notice.

23. The Promoter reserves the right to exclude any entries which it believes to be fraudulent or based on misconduct.

24. Obscene, provocative, inappropriate, offensive or otherwise objectionable content will not be considered and any such entry will be deemed invalid. Such determination is at the sole discretion of the Promoter.

25. Prize offered as stated. The Prize is non-transferable. No cash alternative, or alternative to the stated Prize, will be offered. However the Promoter reserves the right to replace the Prize with an alternative prize of equal or greater value.

26. The Promoter and their agents accept no responsibility for difficulties experienced in submitting an entry to this Promotion.

27. Neither the Promoter nor any of its associated or affiliated companies shall be liable to any Participant for any cancellation, discontinuance or delay affecting this Promotion.

28. The Promoter cannot be held responsible for a breakdown in communication systems or networks that might result in an entry not being registered or delivered.

29. The Promoter does not accept any liability for loss or damages incurred, or responsibility for any claim, as a result of acceptance of a Prize.

30. An entrant’s personal data will only be held for the purpose of selecting, contacting, and confirming (as per Terms 10 - 13) the winners and will not be used for any other purposes whatsoever without their prior permission (i.e. where the entrant has specifically opted in).

31. Entrants are deemed to have accepted these Terms and Conditions by participating in this Promotion.

32. The Promoter reserves the right to terminate or temporarily suspend this Promotion in the event of technical or other difficulties that might compromise its integrity.

33. This Promotion and these Terms and Conditions are governed by the laws of England and Wales Ireland and subject to the exclusive jurisdiction of the courts of IrelandEngland and Wales.

Promoter: Diageo Ireland Limited, St James Gate, Dublin 8.

Enjoy GUINNESS Sensibly.

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Connoisseur Experience Competition Terms and Conditions

The ‘Guinness Connoisseur Experience’ (the “Promotion”) is open to residents of the Republic of Ireland and Northern Ireland aged 18 years or over only (proof of age may be required), excluding employees of the Promoter, their families, any associated or affiliated companies or any agencies professionally involved or otherwise associated with the Promotion.

No purchase is necessary.

To enter, users must click on the ‘ENTER NOW’ link in the email that will take them through to ‘Thank you’ page. By clicking on the ‘ENTER NOW’ link, users will automatically be entered into the competition prize draw. Only one entry per person.

There will be four (4) winners. The winners will be selected at random after 12:00pm on Tuesday 18th December 2012.

Each of the four (4) winners will receive four (4) tickets for the Guinness Connoisseur Experience and Guinness Storehouse VIP tour on a date of their choice plus one night’s accommodation at a Dublin Hotel for themselves and their three (3) guests on the same date.

The Promotion is open from 12:00pm on Friday 14th December 2012 and closes on Monday 17th December 2012 at 12:00pm. Offer is as stated. The prize is non transferable and there is no cash alternative.

The winner will be contacted by phone or email on Wednesday 19th December 2012 and the tickets will be delivered to their chosen address.

The Promoter does not accept liability for loss or damages incurred, or responsibility for any claim, as a result of acceptance of the prize.

The winner and their guest must be 18 years of age or over.

The winners’ names can be found out by sending an SAE to Target McConnells, 20 Northumberland Rd, Dublin 4. No other correspondence will be entered into and the Promoter’s decision is final.

The winners may be required to participate in reasonable publicity.

The Promoter does not accept any liability for loss or damages incurred, or responsibility for any claim, as a result of acceptance of this prize.

The Promoter reserves the right to amend and/or withdraw the Promotion, the prize and/or these terms and conditions without notice.

The Promoter reserves the right to terminate or temporarily suspend the Promotion in the event of technical or other difficulties that might compromise its integrity.

By participating in the Promotion and entrant is deemed to have unconditionally accepted these terms and conditions.

Entrants’ personal data will only be held for the purposes of contacting and selecting the winner and will not be used for any other purposes without their prior permission.

These terms and conditions shall be governed by and construed in accordance with Laws of Ireland and subject to the exclusive jurisdiction of the Courts of Ireland.

The Promoter is Diageo Ireland, St James’s Gate, Dublin 8, Ireland.

Enjoy GUINNESS sensibly

Visit drinkaware.ie