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INFORMATION FOR PARTICIPANTS

The “Torres Brandy Zero Challenge” is a multi-jurisdictional competition organised by Miguel Torres S.A., a company incorporated in Spain with company number A08933251 (the “Promoter“), to locate companies that wish to have a positive impact on society (the “Challenge“).

The first phase of the Challenge is a local stage, governed by local terms and conditions (“the Local Terms“). This document sets out the terms and conditions applicable to the second phase of the Challenge, the global contest (the “Global Challenge“) and the process by which the winner(s) of the Global Challenge will be determined (the “Global Terms“). Any instructions are already considered part of the Global Terms. This document applies to all persons joining the Challenge as a “Participant”, as defined in the Local Terms. All references to “you” in this document refer to your role as a Participant and, if applicable, as a “Finalist” as defined below.

By participating in the Local Challenge, you accept and agree to be bound by both the Local Terms and the Global Terms in their entirety.

The Global Terms prevail in the event of any conflict or inconsistency between the Global Terms and the Local Terms or between the Global Terms and any other notification from the Promoter, including advertising or promotional materials. Definitions used in the Local Terms apply throughout this document and in the Global Terms unless the context requires otherwise.

The Global Terms apply to the winning participants of the Local Challenges who are invited to participate in the Global Challenge on behalf of the “Participants” as defined in the Local Terms (“Finalists“).

The project will be launched on 4 September, 2023 and participants have two months to:

  • Register online (personal and professional data)
  • Make a 30-second video with a brief explanation of the highlights of your project.
  • Write a text about the project (500 characters)

As part of the application process for the Local Challenge, the Participant is required to submit business information in the stipulated form.

 

A selection of 4 candidates per market will be made from among all the participants  between November 2023 and February 2024 following the deliberation of a jury.

 

An event will be organized in all markets, from November 2023 to February 2024, for the selected teams to present their projects. Each event will have a Local Jury and the Jury will name 1 winner per market.

The Torres Brandy Zero Challenge Final will be scheduled for March 21, 2024 in Barcelona in a 3-day experience format from March 19-22 and the exact location will be confirmed to the Finalists.

 

*Final dates may vary if necessary.

 

If you are unable to comply with any of the Global Terms, you should not participate or should withdraw from the Challenge as soon as you become aware of your inability to fully comply with the Global Terms.

GLOBAL TERMS

INTRODUCTION

These terms and conditions should be read in conjunction with the Local Terms, available at torresbrandyzerochallenge.com.

The definitions in these Global Terms contain the same meanings as those in the Local Terms.

  • You agree to abide by these Global Terms and agree that the decisions of the Promoter and judges shall be final and binding in all matters relating to the Challenge.

 

  • Qualified Local Challenge winners are eligible to compete in the Torres Brandy Zero Challenge against the other Local Challenge winners (collectively the “Finalists“) from around the world.

 

  • The Global Challenge comprises the following three stages:

 

 

First selection September – October 2023: online registration, a 30-second video presentation and 500-character text about the project. The Jury selects 4 Finalists per market at the end of October, as detailed below in Stage 1 Online Registration and Selection.

 

All candidates must complete the online registration and selection process described in Stage 1.

 

ii Local Final (November 2023 – February 2024): at a small event, the Finalists present their projects (bar and ecocktail project) and the Jury will select 1 Finalist per market.

 

iii Major Event (March 21, 2024): Finalists will have to explain their projects (bar and ecocktail project) and participate in an onsite challenge: the creation of a sustainable cocktail with products proposed by the Promoter. The Global Jury will choose the winner of the Torres Brandy Zero Challenge taking into account the previous presentations and the creation of the ecocktail.

 

  • The prize for the winner or winners of the Torres Brandy Zero Challenge is:

Final of the Torres Brandy Zero Challenge: €30,000 to be used for the implementation of the sustainable project (the person who originally submitted the application to take part in the competition). A plaque will be placed at the entrance of the winner’s bar/establishment.

 

  • The Torres Brandy Zero Challenge Grand Final will be held entirely in English, except in Mexico and Spain, where it may be conducted in Spanish if necessary.

 

  • Winners of the Torres Brandy Zero Challenge are fully responsible for determining and paying all applicable taxes with respect to the Global Challenge, including, but not limited to, income or withholding taxes in all countries (including, but not limited to, their country and the country or countries where the final global event is held).

 

  • The Promoter may change the exact dates and locations in Europe for the final event and any changes to this order will be notified to the Finalists.

STAGE 1 – Online Registration

  • Finalists must register online (personal and professional data), submit a video where they talk about the highlights of the project and a 500-character text that briefly presents the idea of their project from September to October 2023.

Eligible individuals (“Finalists” / “you”) may apply online from 12:00 a.m. (EDT) on September 4, 2023 until 11:59 p.m. (EDT) on October 31, 2023 by following the process described below.  To be eligible, applications must be received before the selection deadline. Applications received after 11:59 pm EDT on October 31st will not be considered and will automatically be discarded.

Selection. – The objective of the selection is to identify the four (4) people (“Participants”) from each market that will participate in the Local Final of the Torres Brandy Zero Challenge. Eligible individuals (“Finalists” / “you”), who at all times meet the eligibility criteria provided below, may be selected from 12:00 a.m. (EDT) on November 1, 2023 through 11: 59 p.m. (EDT) on February 28, 2024.

 

 

ELIGIBILITY

The selection process is open only to residents who meet the legal drinking age limit from the following countries/regions: Canada, Mexico, Lithuania, Finland, Italy, United Kingdom, United States, Dubai, Estonia and Spain. If you are not a resident of one of the countries or regions listed above, you are not eligible to apply or participate in the selection.

In addition, to be eligible for selection, applicants must:

  1. have a passport that will be valid for six (6) months after the conclusion of the Torres Brandy Zero Challenge;
  2. Possess or be entitled to a visa or other relevant authorization to stay in Barcelona for 3 or 4 days, including any travel or other permits that may be required to volunteer during the Torres Brandy Zero Challenge;
  3. Have a good knowledge of written and oral English. In the case of local markets in Mexico and Spain, participants may use Spanish. Native Spanish speakers will have the opportunity to have interpreters available, if needed.
  4. Be available and willing to travel during the scheduled Torres Brandy Zero Challenge timeframe, March 19-22 including two (2) additional days after the scheduled Torres Brandy Zero Challenge timeframe to allow for contingencies beyond our reasonable control (e.g., weather events).

HOW TO APPLY

To apply for selection to participate in the Torres Brandy Zero Challenge you will need:

  1. Go to the page http:// torresbrandyzerochallenge.com («Site»);
  2. Click on the “Register here” button;
  3. Accept the Legal T&C, Privacy Policy and use and exploitation of images.
  4. Complete and submit the application form providing all required personal and contact information and answering all mandatory questions in English (“Application”);
  5. Send a 30-second video explaining the highlights of your project. Accepted formats: wmv, avi, mov, mpeg, mp4, ogv, webm, 3gp, 3g2. Maximum upload size is 10 MB
  6. Provide, upon request, more information about yourself, such as background information. Each applicant may submit only one application at a time and you declare that you meet the legal drinking age limit at the time you apply and reside in the country/region of residence given by you on your application. By submitting the application, you agree that Participants will be selected from all completed applications received from eligible applicants.

Applicants acknowledge that, if selected, their participation in the Torres Brandy Zero Challenge will be on an individual basis or on behalf of an incorporated business establishment.

Accordingly, children or other dependents of the Participants who do not conform to the above paragraph will not be permitted to attend.

To the maximum extent permitted by law, the Released Parties are not liable for (i) computer or network problems, server problems, email account problems; (ii) the non-receipt of any application for any reason beyond reasonable control; or (iii) for any other selection-related errors, whether mechanical, technical, network, network, printing, typographical, human or otherwise, including administrative errors or problems affecting the selection process, the processing or review of registrations, the announcement of Participants, or in any area related to the selection.

Applicants for selection for participation will be chosen from among the applications (“Interviewees”) and perhaps invited to conduct a one-on-one interview by telephone or videocall with one or more members of the Selection Committee.

Applications will be reviewed and interviewees will be chosen entirely on merit, based on the skill criteria set forth below:

– 50 percent (50%) to the overall idea and problem it addresses by demonstrating its contribution to the Torres Brandy Zero Challenge mission, passion for the subject matter, demonstrable genuine interest in the sustainability potential of the Torres Brandy Zero Challenge and the ability to contribute to the Torres Brandy Zero Challenge mission and its projects and activities;

– 30 percent (30%) to passion for the subject and your vision for the future.

– 20 percent (20%) to communication and public speaking skills to share the project and results with others after the Torres Brandy Zero Challenge.

Participants will be selected from the list of experts prepared and based on the reports from a committee.

If different applicants submit substantially similar applications, the members of the Selection Committee will select only the best version of that idea, as determined at their discretion.

Except where prohibited by law, if in the opinion of the Selection Committee no suitable applications are received, if only an insufficient number of participants or reserves can be contacted, or if such persons do not respond in accordance with these Terms of Selection, we may cancel, extend or repeat the selection at our discretion.

Neither luck nor chance has any place in the selection process. Insofar as permitted by applicable law, we may, at our discretion, conduct reviews and background checks on the information provided to us, and any other elements that we may deem relevant to your application for selection and/or participation in the Torres Brandy Zero Challenge.

By applying for selection, applicants expressly acknowledge and agree that, if selected as a participant, they may be asked to provide further information about themselves in order to participate, for example: written confirmation or proof of eligibility, including proof of a valid passport, country/region of residence and current age; travel permission to stay in Barcelona; and any other permission required to volunteer during the Torres Brandy Zero Challenge; absence of contractual or statutory obligations restricting or prohibiting volunteering during the Torres Brandy Zero Challenge; absence of contractual obligations restricting or prohibiting the possibility of appearing in media and marketing content during or after the Torres Brandy Zero Challenge. Notification/announcement of participants.

Participants and substitutes will be selected by February 28, 2024 and within one (1) calendar day will be notified of their selection by email sent to the address provided on their applications. In order to carry out the Torres Brandy Zero Challenge, each participant must accept their position in the Torres Brandy Zero Challenge, within one (1) calendar day from the date the notification email was sent, by emailing acceptance of the position and the obligations and responsibilities contained in these Terms of Selection to info(country)@torresbrandyzerochallenge.com and within two (2) calendar days after accepting the position in the Torres Brandy Zero Challenge.

We may publicly announce the names and/or countries/regions of residence of the participants within thirty (30) days after the closing of the selection, including social media channels such as Facebook and Instagram (@torresbrandyofficial). This announcement may contain information about the participants.

This contest is in no way sponsored, promoted or administered by Instagram, and/or Facebook, nor is it conducted in association with Instagram, Facebook or any other social network. Participants understand that they are providing their information to the Organizer and not to Instagram and/or Facebook. The information provided by entrants will only be used for the purposes of this contest.

You have assumed and will provide us with certain representations and guarantees when applying for the selection for the Torres Brandy Zero Challenge, in whose accuracy and veracity we trust when managing the selection. Should we become aware of any fraud, deceit or similar action in connection with the selection, or any other act or omission that we otherwise may consider could have an adverse effect on the selection or our reputation, we reserve the right, to our absolute discretion, to without notice and/or without giving reasons (i) disqualify your application or (ii) cancel your participation in the Torres Brandy Zero Challenge. Applications with prohibited content or content submitted as an integral part of the selection must be your original work, may not have been previously published, and must not infringe the rights of any other party, including, but not limited to, intellectual property rights or rights of privacy, publicity or other moral rights. Applications must not contain: (i) support or promotion of illegal or harmful activities; (ii) material that is violent, profane, vulgar, obscene, defamatory, or otherwise objectionable; (iii) adult material; or (iv) defamatory content. We reserve the right to disqualify any applicant who contravenes these prohibitions or any other provision of these Terms of Selection, or whose application we deem inappropriate for any reason, at our sole discretion.

STAGE 2 – Local Event

  1. Between November 2023 and February 2024, all markets will organise an event in which the selected teams present their projects.
  • A local jury will be selected
  • During the event, the 4 finalists will have time to present their projects:
  • Presentation of the Bar Management Project (90 points)

Finalists will have 10-15 minutes to explain the project on how to manage a sustainable bar. The Jury has 18 points to evaluate each category (90 in total). Its itemization is as follows:

 

 

  • General Idea (30 points):

The idea:

 

-10 points: Problem – It addresses an obvious and large social environmental problem

 

-10 points: Relevance – It makes a significant difference in your community, industry, customers, suppliers, and suppliers

 

-10 points: Feasible Idea – is actually achievable (considering the resources available, the time and skills of the team to carry it out)

  • Sustainability (30 points):

-10 points: Impact – The project has a measurable environmental impact (co2 reduction, reduction or recycling of materials, renewable technologies).

 

-10 points: Environmental awareness – The idea has a place in the current/cultural context in which it would be developed (culture, DNA in the work/professional environment in which it would be developed).

 

 

-10 points: Commitment to the future- What is the ambition of the project in terms of future goals, how will the commitment to sustainability be further enhanced?

 

 

  • Business Roadmap (30 points):

-10 points: Financial viability- What is the cost of the project and how is the development of the project planned to make it feasible and achievable?

 

-10 points: Profitability- It is a project that generates an improvement or benefit for the business.

 

-10 points: Execution- Who will be the business partners to implement the project (local suppliers, companies that have proof of sustainability)

 

The presentation can use any type of format such as PPT, Notes, AutoCAD, pdf, renderings, 3D, mock-ups, audiovisual media… and will be projected on screen. Participants must send all documents in advance (5 days before the Local Event) to ensure that the formats are correct. Consider using an audiovisual production itself.  The Promoter shall disregard any claim and shall not accept any liability for misuse in case of use of any audiovisual content, owned by a third party, which has been used without that party’s consent.

 

 

  • Ecocktail presentation: (10 points)

Finalists have 5 minutes to explain and prepare a sustainable ecocktail. There is no minimum or maximum limit to the quantity of ingredients, although it is compulsory to use between 30 and 60 ml of any Brandy from the Torres catalogue. Finalists will bring their own ingredients/household items to make their cocktail. A cocktail must be made to share with the Jury. The Jury has 2 points to evaluate each category (10 in total). Its itemization is as follows:

-2 points: Justification of Ingredients used (if there is one that was used vs another for considering it sustainable)

-2 points: Aspect and Aroma

-2 points: Serve (Barman Skills)

-2 points: Communication skills

-2 points: Quality of the speech, of the representative’s passion for Zero Challenge Values

  • We will have 1 winner per market and they will be chosen by the Local Jury.

 

STAGE 3 – Grand Event

The Torres Brandy Zero Challenge experience is scheduled to take place on March 21, 2024 in Barcelona and the exact location will be confirmed to the Finalists.

  • The Local Terms applicable to each Finalist set out the terms relating to the Local Challenge awards and the travel, accommodation and catering plan that will govern during the Torres Brandy Zero Challenge.

 

  • The Torres Brandy Zero Challenge Finals will be divided into three days of activities (March 19-22, 2024, courtesy of Torres), one of which will be the Grand Event: 21 March 2024.

 

  • Presentation of the selected projects (both Bar Management Project and ecocktail)
  • Deliberation of the jury
  • During the event, the Finalists will have time to present their projects:
  • Presentation of the Bar Management Project: (90 points)

Finalists will have 10-15 minutes to explain the project on how to manage a sustainable bar. The Jury has 18 points to evaluate each category (90 in total). Its itemization is as follows:

  • General Idea (30 points):

The idea:

 

-10 points: Problem – It addresses an obvious and large social environmental problem

 

-10 points: Relevance – It makes a significant difference in your community, industry, customers, suppliers, and suppliers

 

-10 points: Feasible Idea – is actually achievable (considering the resources available, the time and skills of the team to carry it out)

 

  • Sustainability (30 points):

-10 points: Impact – The project has a measurable environmental impact (co2 reduction, reduction or recycling of materials, renewable technologies).

 

-10 points: Environmental awareness – The idea has a place in the current/cultural context in which it would be developed (culture, DNA in the work/professional environment in which it would be developed).

 

-10 points: Commitment to the future- What is the ambition of the project in terms of future goals, how will the commitment to sustainability be further enhanced?

 

 

  • Business Roadmap (30 points):

-10 points: Financial viability- What is the cost of the project and how is the development of the project planned to make it feasible and achievable?

 

-10 points: Profitability- It is a project that generates an improvement or benefit for the business.

 

-10 points: Execution- Who will be the business partners to implement the project (local suppliers, companies that have proof of sustainability)

 

The presentation can use any type of format such as PPT, Notes, AutoCAD, pdf, renderings, 3D, mock-ups, audiovisual media… and will be projected on screen. Participants must send all documents in advance (5 days before the Local Event) to ensure that the formats are correct. Consider using an audiovisual production itself.  The Promoter shall disregard any claim and shall not accept any liability for misuse in case of use of any audiovisual content, owned by a third party, which has been used without that party’s consent.

 

  • Creation of an ecocktail from the Local Store/Market (10 points)

Finalists have 10 minutes to create an ecocktail with secret ingredients to be chosen from a market (set up on stage). There is no minimum or maximum limit to the quantity of ingredients, although it is compulsory to use between 30ml and 60ml ml of any Brandy from the Torres catalogue. A cocktail must be made to share with the Jury. The Jury has 2 points to evaluate each category (10 in total).

The duration of the show will be organized into phases:

  • 5 minutes to choose ingredients from the supermarket
  • 3 minutes to create a cocktail (three cocktails must be made for the Jury)
  • 2 minutes to explain it.

For each minute exceeding the allotted time, finalists will lose 5 points from their total score of 10 points.

The scoring breakdown will be identical to that of the Local Events:

-2 points: Justification of Ingredients used (if there is one that was used vs another for considering it sustainable)

-2 points: Aspect and Aroma

-2 points: Serve (Barman Skills)

-2 points: Communication skills

-2 points: Quality of the speech, of the representative’s passion for Zero Challenge Values

  • The jury will deliberate to choose which ecocktail is the most sustainable. The winner will be the finalist who obtains the highest score in both phases; Bar Management Project Presentation and Ecocktail Presentation.
  • The dinner will be followed by the awards ceremony.
  • Exact details on the estimated duration and format of the presentations will be notified to the finalists prior to the Torres Brandy Zero Challenge finals. The judges will determine how to assign the Grand Prize at their discretion. The full Grand Prize award will be announced at the final Torres Brandy Zero Challenge and will be confirmed to the winners in writing within 5 business days after the Grand Event.
  • The decisions of the judges are final and binding in all matters relating to the award of the Grand Prize and no correspondence will be entered into in connection with such award by either the judges or the Promoter.

 

In the event of a tie, the 2 Finalists will face a deciding Challenge during the day of the Event.

 

 

GLOBAL CONTEST MATERIALS AND PROFILES ON THE PROMOTER’S WEBSITE

  1. The Promoter will create certain materials to enable the Promoter to design advertising and promotional campaigns in support of the Global Challenge and will include the following:

 

  1. a profile of each Finalist for the Website (the “Participant Profiles“);
  2. participation in, and creation of, public relations, promotional and marketing activities, including the creation of marketing materials via photo shoots, filming of different stages of the Challenge, webisodes, social media and digital content and advertising in all media (the “Promotional Materials“); and

iii. together with any other marketing materials that may be requested by the Promoter in connection with the Global Challenge and/or its products and services (the “Global Challenge Materials“).

 

 

  • The Promoter may use the services of external agencies specialised in marketing and public relations (“Agencies“) to assist both it and the Finalists with the preparation of the Global Challenge materials. The Finalist shall cooperate fully with the Agencies as reasonably required by the Promoter.

 

  • The Promoter estimates that the time required for the Finalist to participate in the preparation of the Global Challenge Materials will be approximately 3 days.
  • The Finalist must provide any information requested by the Promoter to create the Global Challenge materials (“the Participant Information“) by March 11, 2024 or such other date as specified by the Promoter and notified to the Finalist. The Finalist will make any changes to the Participant Information as requested by the Promoter in reasonable accordance with the specified timelines.
  • The Promoter will give final approval on all Participant Information submitted by the Finalist to create the Global Challenge materials.
  • The Finalist undertakes to:
  1. provide Participant Information and participate (without payment for either) in preparing the Global Challenge materials as required by the Promoter;

 

  1. have no right of approval over the Global Challenge materials and that the Promoter has no obligation or liability toward any finalist or representative who does not like the materials submitted to them or their company;

 

iii. request the Promoter’s prior written consent to use the Global Challenge materials (and the Promoter shall have absolute discretion as to whether to consent to such use and release the materials in question);

 

 

iv The Promoter shall be under no obligation to make any use of the Participant Information for any Finalist and may discontinue using any Global Challenge material with or without cause at any time, at its sole discretion.

 

  • The Finalist confirms that:

 

  1. Participant Information: The Finalist confirms that he or she provides his or her own original work and will not infringe or infringe any copyright, trademark, privacy, publicity or other intellectual property or any other rights of any person or entity anywhere in the world;

 

  1. obtain prior to submission, all licenses, releases and consents (“Releases“) necessary to allow use of the Participant Information. The Promoter reserves the right to request from any Finalist at any time evidence of such releases in a form acceptable to the Promoter. The Promoter, at its sole discretion, may discontinue the use of any Global Challenge material if the Finalist fails to provide any release when requested to do so; and

 

iii. all persons listed in the Participant Information have consented to the submission of the Participant Information and the use and inclusion of such materials in the Global Challenge materials in accordance with these Global Terms.

PUBLICITY

By submitting an application, you grant us a perpetual, non-exclusive (or for the term of the protection granted by the relevant intellectual property rights), worldwide, irrevocable, royalty-free license to transform, edit, modify, reproduce, distribute, transmit, publish, disclose to the public, broadcast, perform, display or use the application, in whole or in part, with or without modification, in any form or media (including: internet, any print media distributed via print, display, point-of-sale advertising, flyers, brochures, etc.), whether now existing or later developed, for any purpose, including entertainment, promotion and/or advertising. To the fullest extent permitted by law, you agree on our behalf to waive and not assert or invoke any so-called moral rights in connection with your application (including the right to be identified as the creator of the work and the right to object to derogatory treatment of the work). For the avoidance of doubt, the license referred to in this paragraph is a fully paid-up license. By participating, you warrant to us that your application is original as stated above, and that you have all rights necessary to facilitate the application and grant each of us the rights set forth in these Terms of Selection, and you have the consent of any person identified, represented or referenced in your application. If lawful in your jurisdiction, you will indemnify and hold each of us harmless for any breach of these provisions. Permissions and Releases: by applying for selection, you agree that, if selected to participate, you are under no legal or physical obligation to participate in the Torres Brandy Zero Challenge (i.e., it is voluntary); we, our agents or our Torres Brandy Zero Challenge partners may contact you in connection with the selection and/or the Torres Brandy Zero Challenge; you agree to provide reasonably requested documents with which to support your application; you agree to participate in any publicity activity that occurs as a result of the selection and/or the Torres Brandy Zero Challenge and you agree to be filmed, photographed and otherwise recorded (including your voice, image, likeness, appearance, performances, etc.) during the selection and the Torres Brandy Zero Challenge, including statements about the selection, the Torres Brandy Zero Challenge, us and the activities, experiences and opinions of participants, and that we may use such recordings for any and all promotional or other purposes in any and all media worldwide in perpetuity; participants shall have no rights to such materials. Participants declare that they will behave as good citizens and comply with all applicable laws and regulations during the Torres Brandy Zero Challenge, including travel to and from Iceland, that they will cooperate with Torres during the Challenge, with the Torres Brandy Zero Challenge logistics team, and that they will be present and remain for the duration of the Torres Brandy Zero Challenge. Participants agree that they will not perform any act or omission that may bring Torres or its partners into disrepute. Participants acknowledge that failure to comply with this representation may result in immediate termination of their participation in the Torres Brandy Zero Challenge. The Finalist agrees not to disclose any publicity or other materials on its own behalf or through a third party regarding its participation or any other aspect of the Challenge without the prior consent of the Promoter, which may be reserved in its absolute discretion.

HEALTH AND SAFETY

By applying for selection and/or participation in the Torres Brandy Zero Challenge, each participant assumes all risks, where health and safety are the responsibility of the participant. By agreeing to the selection, applicants confirm that their health conditions are sufficient to participate in the Torres Brandy Zero Waste Challenge and to carry out the activities mentioned in the previous section “Torres Brandy Zero Challenge”. General Disclaimer: except as required by applicable mandatory laws, Brandy Zero Challenge Towers shall be as stated in these Terms of Selection and, to the fullest extent allowed by law, is provided on an “as is” basis: without express or implied warranty, condition or guarantee. This selection may be subject to mandatory local laws and regulations, including tax legislation. Each participant is solely responsible for any taxes or company contributions applicable to or resulting from their commitment to the Torres Brandy Zero Challenge and we shall have no obligation whatsoever with respect to any related taxes or company contributions payable. Prior to admission to the Torres Brandy Zero Challenge, Applicants must enter into an agreement to confirm acceptance of the Terms of Selection and to indemnify us and waive our liability in connection with the Torres Brandy Zero Challenge. We may require Participants to sign and return an affidavit or declaration of eligibility (determined at our discretion), a liability waiver and a publicity release allowing us to use their name, likeness and application in promotional materials, where permitted by law. Refusal or inability to sign and return any requested statement, affidavit or other document referred to in these Terms of Selection within two (2) calendar days after acceptance of receipt may result in disqualification and selection of an alternate entrant.  By participating in the selection, Applicants release the Released Parties from any and all liability, on any theory, and waive, to the fullest extent permitted by applicable law, all claims and causes of action arising out of or related to the selection, its administration and/or participation in the Torres Brandy Zero Challenge (including any travel or activity related thereto). However, nothing in these Terms of Selection limits or excludes the liability of any person or entity for death or personal injury caused by its negligence, fraud or any other liability which, by law, cannot be limited.

PERSONAL DATA

In order to manage the selection, we need to collect, review and store your personal data (e.g. name, contact details and application) (“Personal Selection Data”). It is mandatory to provide personal selection data. If you do not provide the personal selection data, you will not be able to participate in the selection or in the Torres Brandy Zero Challenge. The purpose of processing personal selection data is to enable us to fulfil our obligations under these Terms of Selection. We control personal selection data, but we may share it with third-party providers for selection and administration purposes of Torres Brandy Zero Challenge. You hereby acknowledge, agree and confirm the purpose, nature, period and extent of the use of personal data that is required for us to process the selection and is therefore a necessary condition of the selection. You further acknowledge that, if you are selected as an interviewee, we may, at our sole discretion, conduct background checks and/or verification of the information you have provided to determine or confirm your eligibility to participate in the selection and, if applicable, to participate in the Torres Brandy Zero Challenge. In some jurisdictions, your written consent may be required to process your personal data. In such circumstances, we will seek your consent. We will process personal selection data as controllers to fulfil our obligations under these Selection Terms (including for the purpose of managing the selection, compiling the interview list and selecting participants and substitutes) and, where permitted by law, for our legitimate interests (e.g., marketing and promotional purposes in connection with the Torres Brandy Zero Challenge). We may share personal selection data with third-party providers for selection and administration purposes of Torres Brandy Zero Challenge. In certain circumstances, we may need to ask you to provide us or our partners with additional personal data (for example, to demonstrate medical suitability for the activities in question). In such circumstances, we, or our partners, will ask for your consent to the processing of such personal data and, if necessary, to share such personal data with third party providers. If you are asked to provide any such additional personal data, this sensitive personal data will not be considered personal data for selection purposes and will be controlled entirely by a third party, not Torres, and Torres will not have any access to it. For more information on how Torres processes your personal data, data retention periods and Participants’ rights regarding their personal data, please see our privacy policy at https:// torresbrandyzerochallenge.com.

TAX TREATMENT OF THE AWARD

The net prize value is thirty thousand euros (€30,000), calculated on the basis of the withholdings detailed below:

1.- If the winner is an individual resident in Spanish territory; The cash prize is subject to withholding for Personal Income Tax and as participation in the contest is carried out within the scope of an economic activity, this withholding applicable by the Organizer will be 15% of the total prize.

2.- The winner is a natural person who is not a resident in Spanish territory; the specific case will be analysed and the Double Taxation Agreement applicable according to the country of residence of the winner will be applied, and the taxation will be exclusive to the State of residence of the recipient of the prize. In order to apply this criterion, the winner must provide the certificate of tax residence to prove that they are not a resident in Spanish territory. Otherwise, the Organizer will apply a withholding tax of 19% or 24% depending on whether or not the winner is a resident of a Member State of the European Union or of the European Economic Area with which there is an effective exchange of tax information.

3.- The winner is a natural person acting on behalf of a legal entity incorporated in Spanish territory. The tax treatment applicable will be that corresponding to the corporate legal regime of the company winning the tender.

4.- The winner is a natural person acting on behalf of a legal entity not incorporated in Spanish territory. The tax regulations applicable to the country of incorporation of the company will apply.

COMPLIANCE WITH THE TORRES CODE OF RESPONSIBLE MARKETING (“THE CODE”)

  1. The Promoter is a member of the Torres group of companies and is obligated to ensure that all aspects of the Global Challenge, including the Global Challenge materials, comply with the Code. A full copy of the Code is available at torresbrandyzerochallenge.com

 

  1. The Finalist must ensure that its business and conduct throughout the Global Challenge is fully consistent and in accordance with the Code and the Finalist will cooperate fully with the Promoter and assist the Promoter in ensuring full compliance with the Code.

CONFIRMATION OF KEY ELIGIBILITY AND SUITABILITY CRITERIA

  1. The Finalist confirms that:

 

I           Whether you are acting as an individual or as a representative of a legal entity, your business is a legal for-profit entity and is incorporated in accordance with applicable federal, provincial, state and local rules and regulations;

 

ii          The Finalist complies with the legal age limit for alcohol consumption in the first market to which it applies with power to bind the Participant; its business does not and will not violate the rights of any third party;

 

iii         neither the Finalist nor any of its directors or officers have been convicted of fraud, declared insolvency or been disqualified from acting as a director of the company;

 

iv         the Finalist will not act in any manner or disseminate any material that is false or that may reasonably be considered obscene, profane or defamatory, derogatory or disparaging, or that may or may adversely affect any advertising or promotional campaign of the Promoter, or that may disparage or discredit the Promoter, including but not limited to arrest, prosecution or conviction in connection with any criminal or illegal act, including, without limitation, any drunk, dangerous or reckless driving event;

 

v          the Finalist may not, without the written consent of the Promoter, use, disclose or make public any financial or commercial information of the Promoter or any member of the Torres Group;

 

vi         the Finalist has disclosed to the Promoter in writing any incident relating to his or her past or present personal or business circumstances that a reasonable person would reasonably expect to be brought to the Promoter’s attention in operating the Global Challenge and lending exposure to the Finalist;

 

vii        the Finalist has complied with the Local Terms and has complied and will continue to comply with the Global Terms; and

 

viii                   any Participant Information that the Finalist has provided to the Promoter does not violate or infringe the rights of any person or entity.

LIABILITY AND INDEMNITIES

  1. Finalist agrees to defend, hold harmless, release, discharge, indemnify and hold harmless at the request of the Promoter, its parent, affiliates, subsidiaries and agencies and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing from any and all losses, claims, claims, allegations, claims, demands, costs, liabilities, judgments, settlements, settlements, penalties, damages and expenses (including, without limitation, without limitation, including without limitation, reasonable legal fees and settlement costs) resulting, in whole or in part, from Finalist’s participation or disqualification in the Global Challenge or the Local Challenge, including but not limited to:

 

  • any travel/activity related or connected in any way to the Challenge (including, without limitation, transportation, participation or accommodation at any event that is part of, related or ancillary to the Challenge);
  • any related activity or the acceptance, possession, use or misuse of any prize awarded;
  • any alleged or actual violation of the Local Terms or the Global Terms;
  • any actual or alleged breach of any representation, warranty or agreement in the Global Terms and Conditions, and
  • any use of Global Challenge materials permitted in the Global Terms.
  1. Nothing in these Global Terms limits the Promoter’s or Finalist’s liability for fraud, or for death or personal injury caused by its negligence or any other liability to the extent that such liability cannot be excluded or limited as a matter of law.
  • The Promoter is not responsible for:

 

  1. erroneous, lost, delayed, damaged or corrupted entries, votes or other communications during delivery to or by the Local Promoter due to computer malfunction, virus, error, delay, anomaly or any other reason;

 

  1. loss, interruption or unavailability of network, server, telecommunications, satellite, Internet Service Provider (ISP), website or other connections;

 

 

  • malfunctions, failures or difficulties with computer hardware or software;

 

  1. any incorrect or inaccurate information, caused by human error, site users, tampering, hacking or by any equipment or programming associated with or used in the Challenge;
  2. harm or damage to the Finalist’s computer or any other person’s computer related to or resulting from participating in the Challenge or downloading materials or using the Challenge website; or
  3. other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Global Challenge, including, without limitation, errors or difficulties that may occur in connection with the administration of the application processing, the judging process, the announcement of the Global Challenge winner or in any Global Challenge materials.

EXCLUSIVITY

  1. Finalist agrees not to participate in any endorsement or promotional agreement related to another alcohol brand from the date of submission of its Challenge application until:
  2. The Finalist receives confirmation that they have not been selected to access the final of the Local Challenge; or

 

 

NOTICES

  1. Any notice given under these Global Terms shall be in writing and shall be deemed received:
  2. if delivered personally, at the time of delivery;
  • if sent by first class mail prepaid with return receipt requested, by 9:00 a.m. on the second business day after posting;
  • if delivered by commercial courier, on the date and at the time the courier’s receipt is signed; and
  • if sent by e-mail, at the time of transmission.

RESOLUTION OF DISPUTES

Except where prohibited by law, Finalist agrees that:

any disputes, claims and causes of action arising out of or related to the Contest shall be resolved exclusively by the courts of Barcelona, Spain; and under no circumstances shall Finalist be permitted to obtain any concessions; Finalist waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and all rights to multiply or otherwise increase damages.

 

 

 

 

 

WHOLE AGREEMENT

  • These Global Terms, the Local Terms and the Participant Information document, together with any documents referred to therein, constitute the entire agreement between the Finalist and the Promoter with respect to the Global Challenge.

APPLICABLE LAW

  • The Global Challenge and these Global Terms shall be governed by the laws of Spain without regard to any conflict of laws or rules that would result in the application of the law of any other jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Global Terms, or the rights and obligations of the Finalist and Promoter relating to the Global Contest, shall be governed by and construed in accordance with the laws of Spain.
  • AVAILABILITY OF THESE TERMS AND CONDITIONS

  • The rules governing the multi-jurisdictional Torres Brandy Zero Challenge are available for consultation at www.torresbrandyzerochallenge.com.