You were a little too late. This sweepstakes ended June 15, 2014.
To learn more about J.P. Wiser's® Whisky, please visit www.wisers.ca.
You were a little too late. This sweepstakes ended June 15, 2014.
To learn more about J.P. Wiser's® Whisky, please visit www.wisers.ca.
THE ALASKA AND HAWAII JP WISERS® MAN-CAVE MAKEOVER SWEEPSTAKES OFFICIAL RULES
MUST BE 21 YEARS OF AGE OR OLDER TO PARTICIPATE. NO PURCHASE OR SMARTPHONE ENTRY NECESSARY TO ENTER OR WIN. A PURCHASE OR SMARTPHONE ENTRY WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Sponsor: Pernod Ricard USA, LLC, 100 Manhattanville Rd, Purchase, NY 10577.
Eligibility: The Alaska and Hawaii JP Wisers Man-Cave Makeover Sweepstakes is open only to legal residents Alaska or Hawaii, age 21 or older at the time of entry. Void where otherwise taxed, prohibited or restricted by law. Officers, directors and employees of Sponsor, its parents, subsidiaries, and affiliates; individuals or entities responsible for the development, printing, distribution and implementation of this Sweepstakes; suppliers, distributors and retailers of alcohol-beverage products; and individuals who are employees of or members of the immediate family or household, whether or not related, of any of the foregoing are not eligible to enter to win. Sweepstakes is subject to all applicable Federal, state and local laws and regulations.
Sweepstakes Entry Period: The Sweepstakes will begin on December 21, 2013 and end on June 15, 2014. To be eligible, all entries must be postmarked by June 15, 2014 and received by June 30, 2014 (the â€œSweepstakes Entry Periodâ€�).
To Enter: There are 3 ways to enter the Sweepstakes:
Only entries received during the Sweepstakes Entry Period and which are otherwise fully compliant with these Official Rules are â€œValid Entries.â€� Limit one (1) entry per person, per wireless phone number, per e-mail address per day, regardless of method of entry stated above. A â€œdayâ€� is defined as 12:00:01 a.m. Eastern Standard Time though 11:59:59 p.m. Eastern Standard Time. Entrants may enter the Sweepstakes using one (1) valid name, wireless phone number, or e-mail address only. In the event of a dispute involving entries submitted by multiple individuals using the same wireless phone number, or email account or address, the entry will be deemed to have been submitted by the authorized subscriber of the email account or the authorized owner of the wireless phone number used to enter the Sweepstakes at the time of entry. The authorized account subscriber/owner is defined as the natural person who is assigned to a wireless phone number by the relevant wireless carrier or an email address by the relevant Internet access provider, online service provider or other organization responsible for assigning wireless phone numbers and/or email addresses for the domain associated with the submitted email address (as applicable) and he/she must fully comply with these Official Rules. Entries from any person, wireless phone number, email address, or household in excess of the above-stated entry limit are prohibited and will void all entries by that entrant. Entrants expressly agree to assume the risk of lost, late, incomplete, garbled, damaged, delayed, illegible, stolen, undelivered or misdirected entries and/or QR Code scans and acknowledge that Released Parties (as defined below) are not responsible for such entries.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. (â€œFacebookâ€�). By entering this Sweepstakes, you understand that you are providing your information to Sponsor and not to Facebook.
Selection of Winner(s): On or about July 1, 2014, Sponsor or an independent sweepstakes organization or entity designated by Sponsor will randomly draw one (1) potential winner from all Valid Entries. The Sponsor and/or its independent sweepstakes organization will determine, in its/their sole discretion, which entries are deemed Valid Entries, and their decisions and the result of the drawing will be final in all respects. Odds of winning depend on the total number of Valid Entries timely received.
Winner Notification: Potential winner will be notified by email, telephone and/or mail using the information provided on such potential winnerâ€™s entry on or about July 2, 2014 (â€œPrize Notificationâ€�). Prize Notification by telephone and/or email shall be deemed to have occurred on the date Sponsor or Sponsorâ€™s designee first attempts to make email and/or telephone contact with a potential winner and Prize Notification by mail shall be deemed to have occurred on the date such notification is postmarked. In order to receive the Prize (as defined below), potential winner must provide his or her social security number and will also be required to sign an affidavit or certification of eligibility and publicity/liability release within seven (7) business days of the date of initial Prize Notification, or an alternate potential winner will be selected at Sponsorâ€™s sole discretion. If any prospective potential winner is found to be ineligible for any reason, an alternate potential winner may be selected at Sponsorâ€™s sole discretion. If Prize Notification is returned as undeliverable, it will result in disqualification, and, at Sponsorâ€™s sole discretion, the Prize may be awarded to an alternate potential winner. Any non-response by a potential winner or Sponsorâ€™s failure to receive a response from any potential winner within the prescribed seven (7) business day period will result in disqualification of such potential winner and the selection of an alternate potential winner in Sponsorâ€™s sole discretion and time permitting. In the event Sponsor is unable to contact a potential winner or if a potential winner is non-compliant with these Official Rules, the potential winner will be disqualified and an alternate potential winner will be selected. Sponsor is not responsible for unsuccessful efforts to notify any potential winner. Notwithstanding the foregoing, the potential winner and any alternate potential winners are collectively referred to herein as the â€œWinner.â€�
Prize: One (1) Grand Prize will be awarded. The Grand Prize is a $2,500 gift card (approximate retail value â€œARVâ€�) is $2500.00 USD (the â€œPrizeâ€�). Grand Prize is not assignable or transferable. Any and all federal and state income taxes are responsibility of the winner. Sponsor reserves the right to conduct a background check, including but not limited to criminal history, on the potential winner. To the extent required by law, potential winner shall authorize this check.
General Prize Conditions: Prizes are awarded â€œas isâ€� with no warranty or guarantee, either express or implied by Sponsor. No transfers, cash redemption, or substitutions are permitted, except that Sponsor reserves the right to substitute a Prize (or portion thereof) with one of comparable or greater value in its sole and absolute discretion. Prize award is subject to verification of eligibility and compliance with these Official Rules. Any and all Federal, state and local taxes on Prizes, and any other costs, fees and expenses not explicitly stated herein as being awarded, are the sole responsibility of the Winner. Prizes will be shipped within 6-8 weeks from the date of completion of the Winner verification process. All Prize details are at Sponsorâ€™s sole discretion.
Sponsor reserves the right to conduct a background check, including but not limited to criminal history on Trip Winners and their guests. To the extent required by law, Trip Winners and their guests shall authorize this check.
General: By participating, all entrants warrant and represent that they have complied in full with these Official Rules, including but not limited to all eligibility requirements, and further agree to be bound by these Official Rules and the decisions of Sponsor and/or the sweepstakes organization or entity, which are final and binding in all respects. All entries become the property of Sponsor and will not be returned or acknowledged. Photocopies, facsimiles, illegible, incomplete or mechanically reproduced entries are not eligible. Entry materials that have been tampered with or altered, mass entries or entries generated automatically or robotically, or by a script, macro or use of any automated or mechanical device(s) or practices, or any other means which subvert the entry process are void. Sponsor, , Facebook, and their respective parents, affiliates, subsidiaries, divisions and/or advertising or sweepstakes agencies, individuals or entities responsible for the development, printing, distribution and implementation of this Sweepstakes, suppliers, distributors and retailers of alcohol-beverage products, and each of their respective employees, officers, directors and agents (collectively, â€œReleased Partiesâ€�) are not responsible for: (i) lost, late, misdirected, damaged, illegible or postage due entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, mechanical, typographical, printing, computer, hardware or software malfunctions or errors of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor; (iii) hardware or software errors; faulty computer, telephone, cable, satellite, network, cellular towers, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled, scrambled, delayed or faulty data transmission entries; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Sweepstakes; or (iv) any injury or damage to entrantâ€™s or any other personâ€™s computer or other device related to or resulting from entering or otherwise participating in the Sweepstakes or downloading materials from or use of a Web Site. Released Parties are also not responsible for any other errors in connection with the Sweepstakes, including, without limitation, errors or problems in connection with the administration of the Sweepstakes, the processing of entries and/or QR codes, the incorrect scanning of any QR code, the announcement of the Winners, or typographical, printing or other errors in these Official Rules or in any Sweepstakes-related materials. Sponsor reserves the right to withdraw and terminate, or modify, the administration of the Sweepstakes if it becomes technically corrupted, if a computer virus or system malfunction impairs its ability to conduct the Sweepstakes, or if the online entry method otherwise becomes impossible, impractical, infeasible for any other reason. If for any reason the Sweepstakes is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion to cancel, suspend, modify or terminate the Sweepstakes.
By participating in the Sweepstakes, each entrant agrees to release, defend, indemnify and hold harmless Released Parties from and against any and all claims, demands, expenses, losses and liabilities of any nature whatsoever caused or contributed to by: (i) entering or participating in the Sweepstakes (including any claims of third parties alleging infringement, rights of publicity, rights of privacy or defamation or other intellectual property rights); (ii) the acceptance, use or misuse of any Prize; and/or (iii) participation in any Prize-related activities or travel. By participating in the Sweepstakes and accepting a Prize, entrant irrevocably grants to Sponsor and its designees, the unconditional and perpetual right and permission to use the entrant's name, address (city and state), image, voice, likeness, statements, biographical material as well as any additional photographic images, video images, portraits, interviews or other materials relating to the entrant and arising from his/her participation in this Sweepstakes in any and all media now known or hereafter devised, throughout the world in perpetuity, for advertising, Sweepstakes or any other purposes, without limitation and without additional review, notification, compensation, or approval from the entrant (unless prohibited by law). Entrant further agrees to release, indemnify and hold harmless Sponsor from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented and/or prepared by or on behalf of Sponsor infringes on the rights of entrantâ€™s work as contained in any submitted entry.
Legal Warning: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND TO DILIGENTLY PURSUE ALL REMEDIES (INCLUDING REASONABLE ATTORNEYSâ€™ FEES) AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Interpretation: This Sweepstakes shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. By participating, entrants agree that any and all disputes arising out of or relating in any way to this Sweepstakes shall be litigated only in courts sitting in New York, NY, U.S.A. The New York courts (State and Federal) shall have sole jurisdiction of any controversies regarding the sweepstakes/contest and the laws of the State of New York shall govern the Sweepstakes/Contest. Each entrant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of these courts.
Winnerâ€™s list: (Available after July 5 2014): For a list of Prize Winners, send a self-addressed stamped envelope by August 5, 2014 to:
Alaska and Hawaii JP Wiserâ€™s Man Cave Make Sweepstakes Winners
31103 Rancho Viejo Road D-2113
San Juan Capistrano, CA 92675
Unsubscribe: Sponsor shares your concerns about the privacy of your personal information. By entering this Sweepstakes, entrants agree to receive marketing materials, communications and other materials from the Sponsor and/or any promotional partners whose products and services Sponsor feels might interest entrants at a future date. An entrant not interested in receiving future promotional offers should email email@example.com to notify the Sponsor that he or she does not desire to receive such materials.
PLEASE DRINK RESPONSIBLY. WISERâ€™S® Deluxe. Blended Canadian Whisky. 40% Alc./Vol. (80 Proof). Product of Canada. ©2013 Imported by Pernod Ricard USA, Purchase, NY.
NO PURCHASE OR SMARTPHONE ENTRY NECESSARY TO ENTER OR WIN.Â Open to legal residents of Alaska and Hawaii who are 21 years of age or older. Void wherever else prohibited or restricted by law. Sweepstakes begins December 21, 2013 at 12:00:00 a.m. EST and ends June 15, 2014 at 11:59:59 pm EST. For official rules, and prize descriptions, see www.JPWisersAK.com and www.JPWisersHI.com
TERMS & CONDITIONS OF USE
Introduction: The following terms and conditions of use (the "Terms and Conditions") govern your use of the J.P. WISERâ€™SÂ® brandâ€™s â€œJ.P. WISERâ€™S Man-Cave Sweepstakes websiteâ€�, at www.jpwisersak.com (and www.jpwisershi.com) which shall include, without limitation, the home page, splash page, and all other pages under the same top level domain name, and all content thereon (the "J.P. WISERâ€™S Site") as provided by Pernod Ricard USA, LLC ("PRUSA" or "We"). We may change the Terms and Conditions from time to time and at any time without notice to you, by updating such changes. BY USING THE J.P. WISERâ€™S SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE J.P. WISERâ€™S SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the J.P. WISERâ€™S Site. By using the J.P. WISERâ€™S Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Proprietary Rights: Pernod Ricard USA, LLC is the owner and/or authorized user of any trademark, and/or service mark appearing on the J.P. WISERâ€™S Site, and is the copyright owner or authorized user of the content and/or information on the J.P. WISERâ€™S Site, unless otherwise indicated. This J.P. WISERâ€™S Site and all web pages are Â©2013 Pernod Ricard USA, LLC. All other trademarks, service marks and logos used in this J.P. WISERâ€™S Site are the trademarks, service marks, or logos of their respective owners. All pages and content within this J.P. WISERâ€™S Site are the property of PRUSA and/or its affiliates. Except as otherwise provided herein, use of the J.P. WISERâ€™S Site does not grant to you a license to any content, features or materials you may access on the J.P. WISERâ€™S Site. Any commercial use of the J.P. WISERâ€™S Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions or as permitted on the J.P. WISERâ€™S Site, for any purpose. You may, however, print one (1) copy of the information on the J.P. WISERâ€™S Site solely for your personal use or records. If you make other use of the J.P. WISERâ€™S Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the J.P. WISERâ€™S Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the J.P. WISERâ€™S Site, may be used by us in any manner.
Age Requirement for Use of J.P. WISERâ€™S Site: This J.P. WISERâ€™S Site is intended only for the use and enjoyment of persons who are of legal age to purchase beverage alcohol in the jurisdiction in which they reside. You must be of legal purchase age or older to access or otherwise view and use the J.P. WISERâ€™S Site and related services. Persons under legal purchase age are prohibited from using the J.P. WISERâ€™S Site or such services in any way. Certain content on the J.P. WISERâ€™S Site may contain material that may be considered inappropriate or offensive. If you consider any material on the J.P. WISERâ€™S Site to be inappropriate or offensive, please refrain from utilizing the J.P. WISERâ€™S Site. If we receive notice, or reasonably believe, that someone under legal purchasing age has provided us with personal information, We will make reasonable efforts to remove such personal information from our database.
Services Available on the J.P. WISERâ€™S Site: PRUSA may make certain services available to users of the J.P. WISERâ€™S Site. For example, you may be able to share links with mobile users, post comments on a bulletin board, enter sweepstakes and/or contest (the "Services"). J.P. WISERâ€™S Site users are solely responsible for any user information and other content they post on and through the J.P. WISERâ€™S Site. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, mobile phone number) on or through the public portions of the J.P. WISERâ€™S Site (e.g. invitations), that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. Users of the J.P. WISERâ€™S Site are encouraged to exercise caution when providing personal information about themselves. By accessing this J.P. WISERâ€™S Site, you, the user agree to release and discharge PRUSA, its affiliates, owners and creators of this J.P. WISERâ€™S Site from any and all liability which may arise from your use of the J.P. WISERâ€™S Site.
Internet Access: You acknowledge and agree that in connection with your use of the J.P. WISERâ€™S Site and Services you must: (a) provide for your own access to the World Wide Web and pay any service and data fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, a mobile phone, software, mobile Internet functionality, a functional modem and/or router and a means of connecting to or accessing the Internet. PRUSA shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the J.P. WISERâ€™S Site.
User Conduct: You warrant and agree that, while using the J.P. WISERâ€™S Site, you shall not upload, post or transmit to or distribute or otherwise publish through the J.P. WISERâ€™S Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the J.P. WISERâ€™S Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the J.P. WISERâ€™S Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the J.P. WISERâ€™S Site. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the J.P. WISERâ€™S Site itself or derivative works with respect thereto, as the J.P. WISERâ€™S Site is copyrighted as a collective work under U.S. copyright laws.
We have no obligation to monitor any content on or through the J.P. WISERâ€™S Site and We assume no obligation. You acknowledge and agree, however, that We do retain the right to monitor the J.P. WISERâ€™S Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the J.P. WISERâ€™S Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message or short message service (SMS) phone number information unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
You agree to defend, indemnify and hold PRUSA and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the J.P. WISERâ€™S Site or the placement or transmission of any message, information, software or other materials through the J.P. WISERâ€™S Site by you.
Disclaimer of Warranties: THE J.P. WISERâ€™S SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, including, without limitation, any warranty for information, data, data processing services, or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. PRUSA does not warrant that the J.P. WISERâ€™S Site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. PRUSA makes no warranty that the J.P. WISERâ€™S Site will meet users' requirements. No advice, results or information, whether oral or written, obtained by you from PRUSA or through the J.P. WISERâ€™S Site shall create any warranty not expressly made herein. If you are dissatisfied with the J.P. WISERâ€™S Site, your sole remedy is to discontinue using the J.P. WISERâ€™S Site.
Limitation of Liability: IN NO EVENT SHALL PRUSA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED to the use of, or the inability to use, the J.P. WISERâ€™S Site or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales, even if PRUSA or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall PRUSA be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the J.P. WISERâ€™S Site. In no event shall the total liability of PRUSA to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the J.P. WISERâ€™S Site exceed, in the aggregate ($1.00) U.S. dollar.
Links from and to the Mobile Site: You acknowledge and agree that We have no responsibility for the accuracy or availability of information provided by web mobile sites to which you may link from the J.P. WISERâ€™S Site ("Linked Mobile Sites"). Links to Linked Mobile Sites do not constitute an endorsement by or association with PRUSA of such Linked Mobile Sites or the content, products, advertising or other materials presented on such Linked Mobile Sites. PRUSA does not author, edit, or monitor these Linked Mobile Sites. You acknowledge and agree that PRUSA is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Mobile Sites.
Applicable Laws: We control and operate this J.P. WISERâ€™S Site from our offices in the United States of America. We do not represent that materials on the J.P. WISERâ€™S Site are appropriate or available for use in other locations. Persons who choose to access this J.P. WISERâ€™S Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous: The Terms and Conditions and the relationship between you and PRUSA shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and PRUSA agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You and PRUSA each agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. The failure of PRUSA to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Modifications to the J.P. WISERâ€™S Site and the Services: We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the J.P. WISERâ€™S Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the J.P. WISERâ€™S Site or restrict your access to part or all of the J.P. WISERâ€™S Site without notice or penalty.
User Information: In the course of your use of the J.P. WISERâ€™S Site, you may be asked to provide certain information to PRUSA or PRUSA may collect such information from you (the "User Information"). PRUSAâ€™s procedures in relation to the collection and storage of User Information is set forth below. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
Unsolicited or Solicited Materials: Unless specifically requested, PRUSA does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the J.P. WISERâ€™S Site, any of its Services, by e-mail, SMS text message, or in any other way. Any information or material submitted or sent to PRUSA will be deemed not to be confidential or secret. By submitting or sending information or other material to PRUSA you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to PRUSA you grant PRUSA the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any privacy or publicity rights in posted materials have been waived.
No Confidentiality: You agree and acknowledge that by using this J.P. WISERâ€™S Site, any and all communications and/or information transmitted by you to or through the J.P. WISERâ€™S Site will not be treated as confidential or proprietary.
Personally Identifiable Information: This J.P. WISERâ€™S Site may collect certain personally identifiable User Information such as names, addresses, phone numbers, and e-mail addresses through various means, such as J.P. WISERâ€™S Site registration, surveys, games, questions, comments and communications to the J.P. WISERâ€™S Site, and postings to chat and bulletin areas, if any.
Non-Personally Identifiable Information: We may also collect certain non-personally identifiable User Information through our J.P. WISERâ€™S Site, such as annual income, buying preferences, or age, also known as demographic or profile data, though this information is optional.
IP Address: We may collect your phone number and IP (Internet Protocol) address, which also falls under User Information, to help diagnose problems with our server, and to administer our J.P. WISERâ€™S Site. An IP address is a number that is assigned to your computer when you use the Internet. This information does not contain any personally identifiable information about you. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.
Use of User Information: PRUSA and its affiliates use User Information collected on and through this J.P. WISERâ€™S Site to comply with the purpose for which such information was collected and other purposes, as disclosed at the time such information is provided, or as described in this Policy. For example, the User Information collected on and through the J.P. WISERâ€™S Site may be used to send you information about our and our affiliates' products and Services and updates to our J.P. WISERâ€™S Site. In certain instances you will have an opportunity to limit this use at time the User Information is collected. You also may limit this use by following the instructions in Choice/Opt-out below. We may use the User Information We gather along with information obtained from other sources, including third parties.
With respect to non-personally identifiable User Information, We may use this data to improve our J.P. WISERâ€™S Site and to send you information that may be of interest to you. We may also share this User Information with others, such as advertisers interested in advertising on the J.P. WISERâ€™S Site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person. This User Information may also be used to evaluate what portions of the J.P. WISERâ€™S Site are more popular than others, determine where visitors came from, and where they go, and how long visitors stay on a particular page, or the J.P. WISERâ€™S Site in general.
Security: We take security very seriously. We provide for the secure transmission of User Information from your mobile phones to our servers by using encryption software. However, due to the open communication nature of the Mobile Internet, We cannot guarantee that communications between you and us, and us and you, will be free from unauthorized access by third parties.
Consent: By providing any User Information to this J.P. WISERâ€™S Site, you fully understand and unambiguously consent to the transfer of the same to, and the collection and processing of such User Information in, the United States and other countries or territories.
Choice/Opt-out: You may choose to have your name taken off Pernod Ricard USA's e-mail list or have Pernod Ricard USA not provide your information to others in the future by (1) sending an e-mail to the copyright agent mentioned below, or by (2) following instructions as provided in any e-mail message from a Pernod Ricard USA representative.
Copyright Act Agent:
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:
Adam W. Tracy, Esq.
Intellectual Property Counsel
100 Manhattanville Road
Purchase, New York 10577