TERMS AND CONDITIONS
In order to enhance your experience of Presidente Beer and its other fine beverages, Cervecería Nacional Dominicana C. Por A., (CND) makes this Website available for the personal use and enjoyment of visitors who are 21 years of age or older. CND has established these Terms and Conditions of Use so that you will know what can be expected from CND, and CND will know what it can expect from you. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
YOU MUST BE 21 YEARS OF AGE OR OLDER TO USE THIS WEBSITE. IF YOU ARE NOT 21 YEARS OF AGE OR OLDER, DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, OR LIVE IN A COUNTRY WHERE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, DO NOT USE THIS WEBSITE.
UNLAWFUL AND PROHIBITED USE
You warrant to the Company that you will not use this Website for any purpose that is unlawful or prohibited by the terms, conditions or notices in these Terms and Conditions and on this Website.
DISCLAIMERS OF WARRANTIES AND DAMAGES
Although CND makes all reasonable efforts to ensure that the content of the Website is updated and correct, CND makes no warranties as to its accuracy. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL CND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED ON OR DOWNLOADED FROM THIS WEBSITE. CND'S MAXIMUM LIABILITY IS LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT PURCHASED THROUGH THIS WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
USER INPUT AND SUBMISSIONS
You acknowledge that any electronic mail or other input to CND through this Website are non-confidential. You further agree that any ideas, concepts, techniques or other materials that you send to CND become the property of CND at the time they are submitted and/or posted, and can be used by CND for any purpose without compensation. The submission of such materials in no way creates any obligation or duty on the part of CND to post or use such materials or, if CND does so, to give you credit.
All photographs submitted to the Website must be your original creation – in other words, they must be taken by you. If the photographs have not been taken by you, the person who took the photograph must submit it. By submitting a photograph to the Website, you represent and warrant that you are at least 21 years of age, and that such photograph is your original creation, has not been copied in whole or in part from any other work, does not violate or infringe any copyright, trademark or other proprietary right of any person or entity (including any rights of privacy or publicity), and is your sole and exclusive property.
By submitting a photograph, you hereby grant CND permission to use your image or likeness as it appears in such photograph and to edit, composite, morph, scan, duplicate, or alter the photograph, and to post such photograph (as submitted, or as edited, modified or otherwise changed at CND’s sole discretion) on the Website, with or without accompanying music. If you submit any photographs that contain the image or likeness of any person other than you, you agree to obtain written permission from each such person for CND to use such image or likeness as it appears in such photograph and to post such photograph on the Website, in the manners described above. By submitting any photograph that contains the image or likeness of any person other than you, you hereby represent and warrant that you have obtained such written permission and that such person is at least 21 years of age. You agree to indemnify and hold harmless CND and its affiliates, agents and advertising agencies for any action that results from a breach of your representations and warranties made herein, or that is made by a person whose image or likeness was used in any photograph without such person’s written consent.
Any photograph or other material submitted that shows illegal, dangerous, unsafe, pornographic, obscene, profane, defamatory, libelous, or threatening activity or material, or that shows any activity or material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation, or that violates the rights of third parties, or that is otherwise deemed by CND, in its sole discretion, to be inappropriate (including, without limitation, if any such photograph contains an image of a competitive product) will not be posted. Without limiting the generality of the foregoing, any photographs will not be accepted or posted, or may be removed, if CND believes, in it sole discretion, that it contains any of the following:
(a) persons under the age of 21; (b) competitive products; (c) unsafe behavior / activity that could result in physical injury or property damage; (d) third party materials that you have no rights to, including photographs owned by third parties, images of celebrities, third party trademarks, artwork, etc.; (e) illegal activity, including drug use; (f) obscenity or profanity; (g) anything defamatory or libelous; (h) anything disparaging Presidente, any other CND brand, or any of their competitors; (i) anything racist or sexist; (j) anything pornographic or obscene; (k) gambling; or (l) anything in poor taste.
By submitting a photograph(s), you grant CND and its affiliates, agents and advertising agencies permission to use the photograph(s), and any images or likeness of any persons contained therein, for any purpose and in any and all media whatsoever throughout the world, in perpetuity, without compensation. Submitted photographs may be accepted and/or posted on the Website if deemed appropriate by CND in its sole and absolute discretion. All photographs submitted become the sole property of CND and will not be returned. You must be 21 or older to submit a photograph.
PERSONAL AND NON-COMMERCIAL USE
This Website is for your personal, non-commercial use only. The copyrights to all contents of this Website are proprietary to CND or its subsidiaries or third party licensors, and you may not reproduce, post on any other Website, modify, distribute or transmit any portion of this site without CND's written consent. Any name, logo, trademark or service mark contained on this Website is owned or licensed by CND and may not be used by you without the prior written consent of CND.
LINKS
The sites linked from this Website, or any link contained in a linked site, are not under CND's control, and CND does not assume any responsibility or liability for their content. CND provides these links for your convenience only and CND makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered on any third-party website, including, without limitation, the accuracy, subject matter, quality or timeliness of such electronic content.
You must obtain CND's permission to link this Website, or any page on the Website, to your website. The fact that CND may be linked to any third-party websites does not indicate that CND has granted permission to link, and does not constitute an endorsement or recommendation.
PRIVACY POLICY
Information that you provide CND is subject to the CND Privacy Policy. The CND Privacy Policy describes what information is collected, how the information is used, and the choices you have about the way the information is used. You may view the full privacy policy at http://www.CND.com.do/legal/privacy.php By accessing this Website you agree to be bound by the terms of the Privacy Policy and acknowledge that while CND will take reasonable security precautions concerning electronic data and communications, it is not responsible for any harm caused by interception of such data and communications.
APPLICABLE LAWS
You agree that any claim relating to this Website, the services provided through this Website or to these Terms and Conditions of use shall be governed by the substantive laws of the State of Florida, without giving effect to any principles of conflicts of law. This Website has been designed to comply with United States law. CND does not represent that the content of this Website is appropriate for locations outside the United States. You are responsible for complying with all applicable local laws if you access this Website from locations outside the United States.
TRADEMARKS
CND owns, among many other trademarks, CERVEZA PRESIDENTE and all related logos and designs, in the United States and other countries.
Cervecería Nacional Dominicana C. Por A., owns, among many other trademarks, Bohemia , Ambar, The One and all related logos and designs, in the United States and other countries.
These trademarks may not be used in any manner likely to cause confusion, disparage or dilute these trademarks and/or in connection with any product or service that is not authorized or sponsored by CND and/or Cervecería Nacional Dominicana C. por A.
TERMINATION OF USAGE
CND may terminate your right to use this Website, with or without cause at any time in its sole discretion, including, without limitation, your violation of these Terms and Conditions. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
INDEMNITY
You agree to indemnify and hold CND, and its shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Website, your use of the Website, your connection to the Website, your violation of these Terms and Conditions, or your violation of any rights of another.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
General Counselor CND
Aut.30 de Mayo esq. San Juan Bautista,
Santo Domingo, DN. Dominican Republic
(Fax: (809) 534-7667
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. In no event shall CND be liable for any claim of copyright infringement which may arise from the posting of any photograph or other user generated content on any third party website or that may arise from any other unauthorized use by a third party of the photograph or other CND user generated content.
ACKKNOWLEDGMENT AND CHANGES
These Terms and Conditions represent the entire understanding between you and CND regarding your relationship with CND and this Website and supersede any prior statements or representations. In the event that any provision of these Terms and Conditions, or portion thereof, is determined to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions and the remainder of the Terms and Conditions of use shall continue in full force and effect. CND reserves the right to change the Terms and Conditions at any time by posting changes online. Your non-termination or continued use of Website after changes are posted constitutes your acceptance of these Terms and Conditions as modified by the posted changes.
PRIVACY POLICIES
Cervecería Nacional Dominicana C. Por A., (from now on “CND” and/or “We”), respects the privacy of each individual who accesses our internet sites. These privacy policies address the information that CND may gather, as well as the way we can use such information.
AGREEING TO THE POLICIES
By using the web pages on the internet, you agree and consent to these policies. If you do not agree with such policies, please leave this internet Website and do no use it.
You will have accepted the terms and conditions of these privacy policies at the time in which you provide any type of personal identification information and therefore, you authorize that such personal identification information be handled as indicated in this document.
CND reserves the exclusive right to modify and amend the present policies, without previous notice. We suggest you check back periodically. If you continue using this Website after changes to the Policies have been published, this will mean that you have accepted such changes and that you agree to them.
You can be sure that no changes will be applied retroactively nor will they alter the handling of information obtained previously.
TYPE OF INFORMATION AND USE
These Policies describe the type of information CND may gather, the way such information may be used as well as the options you have regarding the way your information is obtained, distributed and used.
The information CND may request is only personal information, such as your first and last name, email, country of origin and date of birth, when the user provides them voluntarily. For example, personal information may be requested in order to obtain your comments regarding Our Websites and Our products, so you can enter one of our contests or giveaways.
USE OF PERSONAL INFORMATION
Be assured that CND tries its best to protect the privacy of our website visitors; however CND may share personal information with some of the companies and/or licensees, and/or part of the same economic group, including, but not limited to the following:
COMPANIES OF THE GROUP
Any use of personal information by any of the licensees and/or part of the same economic group of CND must comply with these Policies. Occasionally and, if you authorize it by accepting these policies, We will send you commercial information.
CND may hire third parties to perform various functions, such as fulfill orders, carry out promotions, provide technical services for the Website, etc. Such third parties could have access to the personal information you have provided, if necessary to provide the service for which they were hired, but they cannot use it for any other purpose different from the one for which they were hired.
CND reserves the right to use or reveal any personal information, to comply with some legal regulation, governmental or judicial to protect the integrity of the Websites, to comply with a request made by you or to cooperate with any legal investigation that is related to any matter of public safety.
LOG FILES
Examples of this type of information is the type of browser, the type of operational system of each computer, the number assigned to your computer while it is in the internet address “IP” (Internet Protocol), as well as the Uniform Resource Locator, better identified as “URL” of the internet from the site which it was connected or logged on to Our internet site. CND gathers information of the log file type to help with the system administration and/or analyze tendencies and administer web pages. The IP addresses and the information log file are not related to identifiable personal information.
COOKIES
Internet websites may gather some type of non-personal information automatically. Cookies are information that a website transfers to a hard drive of a computer in order to maintain files.
Cookies allow the internet site to identify important information that will make the use of Our Website by you more useful. As the majority of internet sites, CND uses cookies for a great variety of purposes in order to improve your online experience; however, we do not use any mechanism of automated recollection of data in Our Website other than cookies. When a user comes back and visits Our Website, CND may recognize the user through the internet cookie and personalize the user’s experience accordingly.
The majority of internet browsers are programmed to accept cookies. However, if you do not wish to receive cookies or want to be warned when receiving one, use your browser’s options. In order to do that, select “Help” on your browser, and see how to modify your preferences regarding cookies. If you uncheck all cookies, you may not be able to use all the options of this Website, or sometimes, some parts of the site, may not work appropriately if you do not accept cookies.
RESTRICTIONS FOR UNDERAGE KIDS
The use and enjoyment of this Website is intended for people who are 21 years of age or older.
If a user who is under age has sent his information, breaching access restrictions of the present Website, CND requests the parents or legal guardians of such user contact us immediately, so we can remove such information from our database.
LINKS WITH OTHER INTERNET SITES
In Our internet sites, we might include links to other internet sites whether run by CND or not. If you visit them, you should verify the policies of the site, while in sites not operated by CND, We are not responsible for third-party policies and actions.
PROMOTIONS
“Enter to Win a Suite Night Sweepstakes”. Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE A LEGAL RESIDENT OF MIAMI-DADE, BROWARD, PALM BEACH OR MONROE COUNTY, FLORIDA AND 18 YEARS OF AGE OR OLDER TO ENTER. VOID OUTSIDE STATE OF FLORIDA AND WHERE PROHIBITED. VISIT WWW.PRESIDENTE-BEER.COM FOR OFFICIAL RULES.
1. Eligibility. The “ Presidente Imported Beer Enter to Win a Suite Night” Sweepstakes (“Sweepstakes”) begins at 10:00 a.m. (EDT) on Wednesday, February 2, 2011 and ends at 11:00 p.m. (EDT) on Friday, March 11, 2011 (“Sweepstakes Period”). Sweepstakes open only to legal residents of Miami-Dade, Broward, Palm Beach and Monroe County, Florida in the U.S. who are 21 years or older as of date of entry. Void outside of Florida and where prohibited, taxed or restricted by law. Employees and the immediate families of employees of the Released Parties (as defined in Section 4 below) their affiliates and subsidiaries are ineligible. This Sweepstakes is subject to federal, state and local regulations.
2. How To Enter: To enter, text code “67974” to the number displayed on the Sweepstakes advertising, via your mobile phone capable of sending and receiving text messages. You will receive a confirmation text message from Presidente and Miami HEAT (“Sponsors”) confirming your entry, Sponsors are not responsible for charges you may incur as a result of mobile phone transmissions. Standard text messaging rates apply to send and receive transmissions. The text method of entry is only open to eligible entrants and not all mobile phones carry the service necessary to participate. Before playing, check with your local wireless service provider for details on service availability and charges. Text entries must be sent and received by Sponsors before 11:00 p.m. (EDT) on March 11, 2011. You may also submit your entry by mailing a 3x5 postcard containing the code “67974,” your complete name, address, zip code, daytime and evening phone numbers and email address to ”Presidente Imported Beer Enter to Win a Suite Night” Sweepstakes, Waxy 790 The Ticket, 20450 NW 2nd Ave, Miami, Fl 33169. All mailed entries must be postmarked by March 11, 2011 and received by 5:00 p.m. (EDT) on March 15, 2011. No other method of entry is acceptable and multiple entries submitted by a single entrant will be void. Limit one entry per person. By entering this Sweepstakes, entrants agree to these Official Rules.
3. Random Drawing and Prizes: Two (2) Grand Prize Winners will be randomly selected on or about March 16, 2011 among all eligible entries received during the Sweepstakes Period. Prize winner will be notified by telephone. Each Grand Prize winner will receive Presidente Imported Beer’s catered suite for winner and (9) nine guests, accommodating a total of (10) people and ten (10) suite game tickets (ARV $1,500). Total ARV of all prizes $3,000. All taxes, and unspecified expenses are the responsibility of winners. The first Grand Prize shall be available for redemption on March 25, 2011 and the second on April 6, 2011, or on such other dates as determined solely by the Miami HEAT. Winners forfeit prizes if unable to attend on designated dates. Prize is non-transferable and no substitution or cash redemption will be made except as provided herein at the Sponsors sole discretion. Suite catering shall consistent of the food and beverages described in the rental menu order form (excluding alcoholic beverages). The Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Odds of winning a prize depends on the number of eligible entries received. If a winner cannot accept the prize as specified by the Sponsors, prize will be forfeited and awarded to an alternate winner. Prize winners will be required to respond to the phone call and/or email notification within 24 hours indicating whether they can accept the prizes. If no return call or email is received within 24 hours, the prize will be deemed forfeited. The prize winner will also be required to complete an affidavit of eligibility and release within three (3) days of notification and the failure to do so will constitute prize forfeiture. In the event of prize winner forfeiture or disqualification, no compensation will be awarded and the Sponsors will only select alternate winners until all prizes are awarded. All taxes on prizes are winners’ sole responsibility.
4. Release and Limitation of Liability. The Sponsors, the AmericanAirlines Arena, Basketball Properties, Ltd., Miami Heat Limited Partnership, National Basketball Association and its Member Teams, NBA Properties, Inc., NBA Media Ventures, LLC, the County of Miami-Dade, Presidente USA, and Waxy 790 The Ticket and Lincoln Financial Media of Florida and each of their respective parent companies, subsidiaries, affiliates, advertising/promotion agencies and each of their directors, officers, employees and agents (collectively the “Released Parties”) are not responsible for lost, late, incomplete, damaged, postage-due or misdirected mail entries, miscommunications, failed telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Entries become the property of Sponsors and will not be returned or acknowledged. No facsimile, mechanically reproduced, altered or forged entries will be accepted. Entrants who tamper with or abuse any aspect of this Sweepstakes, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person in relation to this Sweepstakes, as solely determined by Sponsors, will be disqualified. Any attempt by a person to deliberately damage or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and Sponsors reserve the right to seek damages from any such person to the fullest extent of the law. Release Parties are not responsible for injury or damage to participants’ or any other persons’ property related to or resulting from participating in this Sweepstakes. Sponsors shall resolve all disputes in its sole discretion. By accepting a prize, winner agrees to release, hold harmless and indemnify the Released Parties from and against any and all liability, losses, damages, rights, harm, injury, cost, expense, claims and causes of action (however named or described) of any kind resulting from or arising out of the preparation for, participation in or travel to the Sweepstakes and/or the acceptance, possession, receipt, use or misuse of any prize, including without limitation, personal injuries, death and property damage or for any claims based on publicity rights, defamation, invasion of privacy or merchandise delivery. By participating in this Sweepstakes, participant agrees to be bound by all the Official Rules of this Sweepstakes. Sponsors reserve the right to terminate or modify the Sweepstakes at their discretion.
5. No responsibility is assumed by any of the Released Parties hereunder for: any error, including typographical error, omission, interruption, deletion, defect, delay in operation, theft or destruction or unauthorized access to, or alteration of, entries; or any other problems in connection with the Sweepstakes, including, but not limited to, technical malfunctions in the posting of the Official Rules on-line. Any trade names, trademarks or service marks shown as part of the materials associated with the Sweepstakes are the property of their respective owners. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
6. Publicity. Acceptance of the prize offered constitutes permission to use winners’ name, biographical information, likeness and/or footage filmed of or by the winner in connection with the prizes (“Winner Materials”) for purposes of advertising and promotion, and to sublicense, edit, adapt, publish, distribute, display, reformat and reproduce Winner Materials, without further compensation as permitted by law by the Miami Heat Limited Partnership, the AmericanAirlines Arena, the National Basketball Association and its Member Teams, NBA Properties, Inc., NBA Media Ventures, LLC and/or each of their respective parent companies, subsidiaries, affiliates and advertising/promotion agencies. Submission further constitutes participant’s irrevocable assignment, conveyance and transference to sponsor any and all right, title and interest in the video, including, without limitation, all copyrights.
7. Winners List: For the names of the Sweepstakes Winners: send a self-addressed, stamped envelope after April 30, 2011 to be received by May 31, 2011 to: Waxy 790 The Ticket Sweepstakes text code 67974, Miami, Florida 33169
8. Sponsors: Presidente USA 8280 NW 27th St. Suite # 506 Miami, Fl 33122
CONTACT US
If you have any doubt regarding the present Policies, please contact us at the following address:
Centro de Atención y Servicio
Aut. 30 de Mayo esq. San Juan Bautista Km 6 ½
Teléfono: (809) 535-5555