HENNESSY X NBA

COMPETITION ORGANIZER

Jas Hennessy &Co. (“Hennessy”) with a company number of Angouleme B 905 620 035 and a registered address at 1 rue de la Richonne, 16100 Cognac, France.

NBA Entities is defined as NBA Properties, Inc., the National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”).

Hennessy and NBA Entities may collectively be referred to as the Organizers.
 

INTRODUCTION

By participating in the competition Hennessy and NBA via the Hennessy newsletter received by e-mail (the “Competition”), you accept and agree to be bound by these terms and conditions (“Terms and Conditions”). Promotional materials that may be developed relating to the Competition, including all entry instructions, also form part of these Terms and Conditions. In the event of any conflict between any terms referred to in such promotional materials and these Terms and Conditions, the Terms and Conditions take precedence.
 

ENTRY TO THE COMPETITION

a. The Competition is notably open to citizens of South Africa who are eighteen (18) years old or over. The Organizer reserves the right to require participants to prove that they are eligible. If a prize winner is found to be ineligible, Hennessy reserves the right to award the prize to another participant and to require the return of any prize already awarded.

This Competition is being organized in two (2) different countries (i.e., United Kingdom and South Africa).

b. No purchase of Hennessy’s products is necessary to enter the Competition. Participants can enter the Competition by clicking on the redirection button in the newsletter they received by e-mail from Hennessy. The participant is then directed to a game page where they must choose one of the three basketball hoops to determine whether they have won or not. The winners will be selected randomly by Hennessy.

c. Internet access and being subscribed to the Hennessy's newsletter are required to participate, and each participant will be required to make only one submission (the “Entries”). The Competition starts on March 12, 2024, at 00:01 GMT and ends on March 22, 2024, at 23:59 GMT (the “Competition Period”). Entries received outside the Competition Period will not be eligible to win a prize. Proof of sending will not be deemed proof of receipt.

d. All Entries of participants which have abusive, defamatory, or in any way offensive content for any of the Organizers or any natural or legal person and any reference offending the good morals or legality, at the sole and absolute discretion of Hennessy, will be excluded from the Competition.
e. Participation in the Competition implies full acceptance of these Terms and Conditions, and the terms of use of the social media platforms for participation and conduct of the Competition
 

EXCLUSION OF PARTICIPANTS

The employees of Hennessy and the NBA Entities, including their affiliates, agents, and their immediate family members are excluded from participating in the Competition. Participation by any of the aforementioned persons shall be automatically disqualified.
 

THE PRIZE

a. The prizes to be won are 20 (twenty) Hennessy branded NBA basketballs (one (1) NBA basketball per winner). The randomly selected winners will be communicated by Hennessy. The prize is non-exchangeable and non-transferable. There is no cash alternative. Hennessy reserves the right to substitute the prize with another prize of equal or greater value. The prize will only be awarded to winners.

b. If the prize is declined, or a winner cannot take up a prize, or does not claim the prize within 72 (seventy-two) hours of notification from Hennessy, that they have won, the prize will be forfeited, and a replacement winner may be drawn at Hennessy’s sole discretion. Hennessy will not be responsible for any inability of the winner to take up the prize.
 

THE WINNER

The winners will be randomly selected by Hennessy and will be contacted by email on the same day of their participation or at the latest within 48 (forty-eight) hours.

Winners will be contacted using the details provided in their Competition entry, or as part of the sign-up process to be included in the Hennessy database.
 

GENERAL

a. Participating in the Competition or winning the prize does not amount to an endorsement or engagement as an ambassador of either Hennessy or any of the NBA Entities.

b. By entering the Competition, participants in this Competition agree to be bound by these Terms & Conditions and agree that Hennessy and the NBA Entities and their designees and assignees may use the participant’s name, city/state of residence, photos for publicity materials, advertising and/or trade purposes relating to the Competition and in reasonable promotional activity as may be required by Hennessy in respect of the Competition, without further reference, permission, notification, payment, or other compensation.

c. Participation in this Competition implies the explicit and unconditional consent of participants for the collection and processing of participants’ personal data, including names, contact details, and any other information provided and required to organize and manage the Competition.

Personal data will be kept for as long as is necessary to administer this Competition and a reasonable period thereafter to deliver prizes, resolve disputes and comply with legal requirements.

d. On other occasions, Hennessy may store and use personal data for its legitimate interests, such as to administer and manage the Competition or when required by law. Personal data will be shared with Moët Hennessy South Africa Limited and its processors for the same purpose. Participants’ personal data will be shared with Hennessy’s agents only to the extent necessary for the prizes to be redeemed by the prize winner. Participants’ names and other personal details from their entry to the Competition will be processed in accordance with applicable data protection legislation. By entering this Competition, each participant consents to the use of their personal data per these Terms & Conditions.

e. Participants have the right to withdraw their consent and be removed from this Competition at any time or to object to any use of their personal data not required to administer the Competition unless Hennessy has compelling legitimate interests. Participants also have the right to access, amend, erase or receive a copy of their personal data in a portable form to the extent permitted by law. If participants wish to exercise these rights concerning the Competition, they may contact Hennessy at contactdpo@moethennessy.com and they may have the right to contact a data protection authority if they have any unresolved complaints.

f. Hennessy reserves the right to modify, cancel, withdraw, or suspend the Competition or these Terms and Conditions in whole or in part, at its sole discretion, at any time if circumstances beyond its control make this unavoidable. Hennessy is not responsible for any condition, circumstances, losses, failures, or delays caused by events beyond its control.

g. To the fullest extent permitted by law, Hennessy and the NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents, are excluded from liability and will be released and held harmless for any damage, loss, injury, action, liability or claims, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property incurred by a participants' entry into the Competition or their acceptance, receipt, possession and/or use or misuse of the prize and/or participation in the Competition. Except as otherwise required by applicable law, Hennessy accepts no responsibility or liability for any entry or claim which for technical or other reasons is unsuccessful, lost, incomplete, late, damaged, illegible, corrupted, misdirected, or faulty.

h. Any participant who enters, attempts to enter, or participates in the Competition in a manner which in Hennessy’s reasonable determination is contrary to these Terms and Conditions (including in respect of eligibility) or by its nature is unjust to other participants (including without limitation tampering with the operation of the Competition, entering using fraudulent means, cheating, hacking, deception or abusing, offending, upsetting threatening or harassing any other participants or Hennessy ) may be suspended or disqualified from the Competition at Hennessy’s sole discretion without prior notice.

i. All decisions of Hennessy concerning the Competition are final and Hennessy is not obliged to enter into any correspondence with participants. No message whether written or electronic will be sent to non-winning participants.

j. The unauthorized reproduction, representation, or use in any way of all or part of elements relating directly or indirectly to the Competition, and any brands, logotypes, or trademarks is strictly prohibited. All trademarks, logos, and any other intellectual property rights are and shall remain the property of their respective owners.
k. These Terms and Conditions may be sent by mail free of charge to any person who requests them from Hennessy in writing.

l. All disputes, claims, issues, and questions concerning the Competition and these Terms and Conditions, or the rights and obligations of the participants and Hennessy in connection with the Competition, shall be governed and construed by South African law. Each participant agrees that the courts of the Republic of South Africa shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Competition or these Terms and Conditions.