- The World Class competition (the "Competition") is promoted globally, and organised centrally, by Diageo Brands B.V. and organised
in each participating market through a local affiliate of Diageo Brands B.V (Diageo Brands B.V and its local affiliates are together
“DIAGEO” in these Rules and Regulations) in each participating market (the “Local Market”).
- The Competition consists of no fewer than eight months of activity (comprising engagement with the bartending community in each participating
country through participation in World Class programming), including (a) an announcement and registration period; (b) a recruitment period of bartender
training; (c) a series of competition stages around themes designed for the bartending community; and (d) formally judged World Class bartender live
competition challenges.
- Entry in the Competition constitutes a participant's full and unconditional agreement to abide by and accept the terms and conditions
of these Official Rules and Regulations and the rules of the Local Market the participant belongs.
- The Competition is void wherever prohibited or restricted by law. No person may enter or participate in the Competition where doing so
is prohibited or restricted by the laws of their country of residence or employment, or where they are otherwise legally prohibited from
participating. All participants must also satisfy the eligibility criteria set out in the Entry Criteria section of these Official Rules and
Regulations and the rules of the Local Market the participant belongs.
- Competition entries must be original, not have been entered in any other drink recipe competition or violate the rights of other parties,
including any Intellectual Property Rights of DIAGEO or any third parties. Competition entries may not be offensive, defamatory, discriminatory, obscene,
libellous, reflect poorly on DIAGEO or its brands or be inappropriate for use in advertising or for promotional publicity purposes, as determined by DIAGEO
and/or the Judge(s) in their sole discretion. Competition entries must be unpublished and must be the work solely of the participant. In these Official Rules
and Regulations "Intellectual Property Rights" means all rights in and to intellectual property, whether registered or unregistered, including but not limited
to copyrights, trademarks, service marks, trade names, design rights, database rights, rights in know-how and confidential information, trade secrets and all
other proprietary rights, and any rights of a similar nature or having an equivalent effect anywhere in the world, together with all applications, renewals,
extensions, and revivals of such rights.
- By entering this Competition, and in consideration of the opportunity to participate, each participant hereby irrevocably and unconditionally assigns to Diageo Brands B.V. (and/or such other DIAGEO entity as DIAGEO may nominate), with full title guarantee, all of their right, title and interest (including all Intellectual Property Rights, whether now known or hereafter devised) in and to:
- all cocktail recipes and drink names created, developed or submitted by the participant in connection with the Competition;
- all materials created, developed or contributed by the participant in connection with the Competition;
- any recordings, photographs, videos or other content created by or on behalf of DIAGEO or any third party that features, depicts or includes the participant's performance, appearance or Image during the Competition (including, without limitation, any written, audio, visual or audiovisual content, in any media or format, whether tangible or intangible), together with all performers' rights specified in Part II of the Copyright, Designs and Patents Act 1988 and any analogous rights anywhere in the world;
- any modifications, adaptations or derivative works of the foregoing in a to c above; and ((a) to (d) are collectively referred to as "Materials" in these Official Rules and Regulations); and
- all information and data submitted to DIAGEO in connection with the Competition, including all entry forms and related submissions,
((a) to (e) are collectively referred to as the "Competition Entry" or "Competition Entries" in these Official Rules and Regulations)
in each case for the full term of such rights, including all renewals and extensions, throughout the world and free from any encumbrance.
Such assignment shall take effect automatically upon submission and shall be effective in perpetuity.
Materials and Competition Entries will not be returned to participants and cannot be acknowledged.
For the purposes of these Official Rules and Regulations, "Image" means photograph, image, likeness, voice, name,
biographical information, social media handle(s), performance, and any other personal attributes. DIAGEO and its affiliates,
distributors, and agencies acting on behalf of DIAGEO or in connection with the Competition (together with DIAGEO, the "Permitted Parties")
shall have the unrestricted right to use, publish, adapt, edit and/or modify any Competition Entry in any way,
in any and all media now known or hereafter discovered, worldwide, including on DIAGEO websites, social media sites and
any third-party platforms, websites, and social media channels, without any obligation to provide compensation to the participant and
without any right of notice, review or approval.
- Notwithstanding the assignment to DIAGEO in paragraph 6 above,
DIAGEO hereby grants to each participant a non-exclusive licence to use their Competition Entry
(including without limitation their cocktail recipes and drink names)
outside of the Competition, provided that such use:
(a) does not use or incorporate any DIAGEO trademarks, logos,
or brand-identifying marks without DIAGEO's prior written consent;
(b) does not suggest any endorsement by, or affiliation with, DIAGEO;
(c) does not compete with or undermine DIAGEO's own use or exploitation of the Competition Entry; and
(d) does not bring DIAGEO or any of its brands into disrepute.
- By entering this Competition, each participant hereby grants to DIAGEO and the Permitted Parties an irrevocable,
worldwide, royalty-free right (with the right to sub-licence) to use, in perpetuity,
their Image (as defined in paragraph 6 above) in any and all media (whether now known or hereafter devised) and
on any third-party platforms, websites, and social media channels throughout the world, for any purpose,
including but not limited to publicity, advertising, promotional materials, social and digital media,
and any other commercial or non-commercial purposes, without further compensation and without any right of approval.
Each Participant acknowledges that DIAGEO and the Permitted Parties shall have no obligation to remove any such content from any media
or channel at any time.
- In accordance with Articles L.121-1 et seq. of the French Intellectual Property Code, each participant’s moral rights are perpetual, inalienable and may not be waived. Each participant nevertheless expressly consents, to the extent permitted by law, to the reproduction, representation, adaptation, modification and exploitation the Materials for the purposes of the Competition and agrees not to object to such acts provided they are not prejudicial to the participant’s reputation. Each participant undertakes to exercise their moral rights in good faith and in a manner that does not unreasonably interfere with the legitimate exploitation of the Materials.
- By entering the Competition, each participant represents and warrants that:
- they have all necessary rights and authority to grant the assignments and rights set out in these Official Rules and Regulations;
- their Competition Entry is their sole, original work and has not been copied from the work of any other person;
- their Competition Entry does not infringe the Intellectual Property Rights or any other rights of any third party;
- the use and exploitation of the Competition Entry and participant's Image by DIAGEO will not infringe the Intellectual Property Rights or other rights of any third party; and
- any person referenced in their Competition Entry has given express written consent to such reference and use as contemplated by these Official Rules.
- Any Competition Entry containing third party Intellectual Property Rights (meaning Intellectual Property Rights
owned by any person or entity other than the participant or DIAGEO BRANDS BV, including but not limited to trademarks, trade names,
logos, or brand identifying marks) will not constitute a valid Competition Entry unless the participant has obtained all necessary
written permissions from such third parties for DIAGEO BRANDS BV's use and exploitation of such rights as contemplated by these Official
Rules and Regulations. Each participant represents and warrants that they have obtained all such necessary permissions and shall provide
evidence of such permissions to DIAGEO BRANDS BV promptly upon request. DIAGEO BRANDS BV reserves the right, in its sole discretion,
to disqualify any participant and remove them from the Competition.
- Each participant hereby agrees to indemnify and hold DIAGEO and the Permitted Parties harmless from and against any third party claims,
actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs,
arising out of any breach or alleged breach of any of the warranties and representations set out in these Official Rules and Regulations.