Dream Whiskies Terms & Conditions
Welcome to Dream Whiskies! Dream Whiskies LTD is the operator of www.dreamwhiskies.com (the "Site").
We are registered in England and Wales under number 10142133. Our registered office is at Bishopstone, 36 Crescent Road, Worthing, West Sussex, BN11 1RL.
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DREAM WHISKIES RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE, BUT WILL NOT CHANGE THESE TERMS IN RELATION TO SUBSCRIPTIONS WHICH HAVE BEEN PAID AND ACKNOWLEDGED BY DREAM WHISKIES BEFORE THE CHANGE IS MADE.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site and the App will constitute your acceptance of any such changes.
Use of the Site
You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Dream Whiskies. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Dream Whiskies. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
• Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature
• Engaging in conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any law or regulation
• Attempting to interfere in any way with the Site’s or Dream Whiskies’ network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mail-bombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorisation and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
Registration and Passwords
Consumer Rights and Cancellation
Each Dream Whiskies VIP subscription is for these purposes a single order forming part of a regular delivery of services, so you can only cancel a subscription and receive a refund within fourteen days of first accessing the Dream Whiskies VIP membership pages on the Site. You can of course cancel your subscription at any time, but it is only if you do it within this initial fourteen day period after your initial subscription that you will be entitled to a refund (as required by UK legislation known as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
To cancel your order, you must inform Dream Whiskies by email, giving us your name, address and subscription order reference. Any competition entries placed during the fourteen day period will be rendered void.
Dream Whiskies’ refunds policy is: if you cancel a subscription order within the fourteen-day cancellation period (see above), Dream Whiskies will refund you as soon as possible. Dream Whiskies will refund the price of the subscription in full. Dream Whiskies will refund the purchase price using the same method originally used by you to pay for your purchase.
Where a subscription has taken advantage of the 30-day free trial period, this will run concurrently with the 14-day cancellation period above. If subsequent to the 30-day free-trial period you decide to maintain a paid subscription, the 14-day cancellation period will be deemed to have expired during the initial 30-day free trial period and therefore you will not be entitled to any subsequent refunds.
Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged) or in the case of competitions, the minimum requirements having not been met (see Competitions Terms contained within these Terms).
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Dream Whiskies or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Dream Whiskies and the Dream Whiskies logo are registered trademarks. All other trademarks are the property of their respective owners. All of our Site's content are Copyright 2017 Dream Whiskies LTD or its affiliates. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Dream Whiskies LTD and its affiliates.
By submitting or posting any materials or content on the Site, you grant Dream Whiskies a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant Dream Whiskies the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Dream Whiskies the license specified above. You also confirm that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. Dream Whiskies will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
Dream Whiskies is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside Dream Whiskies control. If you cannot access the Site properly or at all because any of these reasons, Dream Whiskies will not refund any money you have paid or compensate you.
Making the Site enjoyable means Dream Whiskies needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. Dream Whiskies will try to do scheduled maintenance during what Dream Whiskies anticipates will be relatively low levels of online use. Dream Whiskies also need to be able to do emergency maintenance and/or suspend access to the servers where, in Dream Whiskies' reasonable discretion, Dream Whiskies sees the need to do that. Dream Whiskies will try to have the Site available again as soon as Dream Whiskies thinks it is safe to do so.
Where the Site contains links to other websites and third party products or services, these links are provided for your information only. Dream Whiskies is not responsible for the content of these websites or products or services.
You agree to indemnify Dream Whiskies and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or Dream Whiskies' Review Guidelines.
Limitation of Liability
Dream Whiskies excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and Dream Whiskies at the start of your membership.
Dream Whiskies will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products ordered by you via the Site from time to time and (b) £100, whichever is the higher.
Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.
Copyright Infringement; Notice and Take Down Procedures
Dream Whiskies specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
Waiver; Remedies; Variations, Entire Agreement
The failure of Dream Whiskies to partially or fully exercise any rights or the waiver of Dream Whiskies of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Dream Whiskies or be deemed a waiver by Dream Whiskies of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Dream Whiskies under these Terms and any other applicable agreement between you and Dream Whiskies shall be cumulative, and the exercise of any such right or remedy shall not limit Dream Whiskies’ right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.
The operation of our Site and Contracts for the purchase of services through our Site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Should you have any questions regarding these Terms you may contact us at support@Dream Whiskies.co.uk.
DREAM WHISKIES LTD - STANDARD COMPETITION TERMS
1. Qualifying Persons
1.1 Dream Whiskies Ltd (‘Dream Whiskies’, 'Promoter', 'our(s)') operate competitions – skilled prize competitions resulting in the allocation of prizes in accordance with these Terms and Conditions on the website www.dreamwhiskies.com (the 'Website') - (the 'Competition(s)').
1.2 The Competitions are open to all persons aged 18 and over in the UK and the age at which it is legal to consume, purchase and own alcohol (over 24%abv) in their country of residence, region or state excluding the Promoter's employees or members of their immediate family, agents or any other person who is connected with the creation or administration of our Competitions.
1.3 Where it is legal to consume, purchase and own alcohol (over 24%abv) in a person's country of residence, region or state but is not legal or permitted to ship alcohol from the UK to a person's country of residence, region or state, condition 5.3 of these terms and conditions comes in to effect.
2. Legal Undertaking
2.1 By entering a Competition the entrant ('Entrant', 'you', 'your(s)') will be deemed to have legal capacity to do so, you will have read and understood these Terms and Conditions and you will be bound by them and by any other requirements set out in any related promotional material.
2.2 These Competitions are governed by English Law and any matters relating to the Competition will be resolved under English Law and the Courts of England shall have exclusive jurisdiction.
2.3 In the event that you participate in a Competition online via the Website, and by accepting these Terms and Conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
3. Competition Entry
VIP Members (No longer in operation)
3.1 Our Competitions may be entered online via the Website by site members only (Dream Whiskies VIP members). There are two categories of Competitions: VIP Member weekly ‘main’ whisky giveaway competition and ‘spot prize’ giveaways that are run as impromptu giveaways during our Facebook LIVE broadcasts.. One or more Competitions may be operated at the same time and each Competition will have specific prize options.
3.2 Competition entry has no entry fee attached but entry is only available to VIP subscription members.
3.3 Entries are made by answering multiple choice skill/knowledge based questions. When an answer is selected, that answer will register as a competition entry. However, it is only correct answers that will get shortlisted and entered in to the prize draw at the close of the competition.
3.4 Please note that when entering online you will not be deemed entered into the Competition until we confirm your Entr(y)(ies) order back to you by email.
3.5 The Promoter reserves the right to refuse or disqualify any incomplete Entries if it has reasonable grounds for believing that an Entrant has contravened any of these Terms and Conditions.
3.6 To the extent permitted by applicable law, all Entries become our property and will not be returned.
Premium 'open-to-all' competitions
3.7 Our 'open-to-all' premium competitions may be entered online via the Website by any 'qualifying person' (1.1 - 1.3 above). This competition may be run on an ad hoc basis, the prize for which, along with closing date will be announced at the time of launch. One or more Competitions may be operated at the same time and each Competition will have specific prize options.
3.8 Competition entry has an assigned fee which will be announced at the launch of each competition. Players may make multiple entries with no maximum per competition.
3.9 Entries are made by answering multiple choice skill/knowledge based questions. When an answer is selected, that answer will register as a competition entry. However, it is only correct answers that will get shortlisted and entered in to the prize draw at the close of the competition.
3.10 Please note that when entering online you will not be deemed entered into the Competition until the appropriate entry fee has been paid and we confirm your Entr(y)(ies) order back to you by email.
3.11 The Promoter reserves the right to refuse or disqualify any incomplete Entries if it has reasonable grounds for believing that an Entrant has contravened any of these Terms and Conditions.
3.12 To the extent permitted by applicable law, all Entries become our property and will not be returned.
4. Dream Whiskies Account
4.1 Entrant are required to purchase a VIP membership subscription to play Dream Whiskies VIP competitions. (No longer in operation)
5. Winner's Details
5.1 The Winners will be required to send a copy of their passport (or other official photo ID) to the Promoter to confirm their identity, age and also to prove that if the subscription purchase was made by credit card that the card was legally theirs or that they had authorisation to use it, before any prize will be paid or delivered. Any failure to meet these obligations may result in the Winner being disqualified and the Promoter choosing an alternate winner.
5.2 All Winners will also be required to provide photographs and/or pose for photographs and/or videos, which may be used in future marketing and public relations by the Promoter in connection with the Competition and in identifying them as a winner of a Competition. Following receipt and verification of the details requested above by the Promoter, the Winners will be contacted in order to make arrangements for delivery of the prize.
5.3 In the event that the winner resides in a country, region or state that does not permit the shipping of alcohol (above 24%abv) in to that country, region or state, but the consumption and ownership of alcohol (above 24% abv) is legally permissible, the promoter will instead offer the following alternatives.
(a) The promoter will endeavour to make an international purchase of the advertised prize within the winner's country, region or state and have it delivered internally within said country, region or state.
(b) If the advertised product is not available for international purchase within the winner's country region or state, the promoter will offer an alternative whisky prize of the same (or higher) value that is available for international purchase and shipping within the winner's country, region or state.
(c) If it is not possible to achieve either of 5.3 (a) or (b), the promoter will offer the full retail value (based on best available current UK retail price at the time, in sterling GBP) of the selected prize in the form of a cash transfer to the winner's chosen bank account.
5.4 The alternative prize arrangement (5.3 above) as with all other terms and conditions are dependent upon condition 1.2 (above) being satisfied and adhered to.
6 Winners' Personal Data
6.1 Acceptance of the prize by the Winner will mean they are required to have their photo and/or video taken by the Promoter for promotional purposes (Public Relations and Marketing), both immediately after their win and in the future for use in accordance with rule 5.2, unless prohibited by law.
6.2 By entering a Competition, you agree to the use of your name, address, and/or photograph or other likeness, as required by the Promoter if you are declared a Winner.
7. Limits of Liability
7.1 The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes. Except for liability for death or personal injury caused by the negligence of the Promoter, the Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Competitions promoted by the Promoter.
8. Electronic Communications
8.1 No responsibility will be accepted for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. The Promoter shall use its best endeavours to award the prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, the Promoter reserves the right to reclaim the Competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability.
8.2 The Promoter reserves the right at its sole discretion to extend the closing date of any competition, if for any reason any aspect of the competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. The Promoter may in its sole discretion cancel, terminate, modify or suspend a Competition, or invalidate any affected entries. In the event that the Promoter closes a Competition early, the Winner may be selected from all valid and eligible Entries received by the Promoter prior to the date of closure.
8.3 The Promoter will set, for each competition a timed deadline for the competition close. The competition will end promptly at the instant the deadline is reached. Any entries that have not been completed at the deadline such as an entry action that is is the process of being actioned but has not been completed, will be deemed to have fallen outside of the competition time period and will not be included as an entry.
8.4 The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. The Promoter shall use its best endeavours to ensure that the software and website(s) used to operate its Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the entry details recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any competition entries that occur as a result of malfunctioning software or other event. Competition results may be checked at any time by accessing the past-winners page on the Dream Whiskies website.
9. Data Protection Notice
9.1 Any personal data that you supply to the Promoter or authorise the Promoter to obtain from a third party, for example, a credit card company, will be used by the Promoter to administer the Competition and fulfil prizes where applicable. In order to process, record and use your personal data the Promoter may disclose it to
(a) any credit card company whose name you give;
(b) any person to whom the Promoter proposes to transfer any of the Promoter's rights and/or responsibilities under any agreement the Promoter may have with you;
(c) any person to whom the Promoter proposes to transfer its business or any part of it;
(d) comply with any legal or regulatory requirement of the Promoter in any country; and
(e) prevent, detect or prosecute fraud and other crime. In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the United Kingdom, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
10.1 Dream Whiskies Ltd, 36 Crescent Road, Worthing, West Sussex BN11 1RL, UK. Tel: +44 7793 654282 email: firstname.lastname@example.org Web: www.dreamwhiskies.com. A list of winners and their home town will be available for one (1) month after the end of each Competition by sending an email to the Promoter.
Online Whisky Tasting Events
1.1 Tickets are regularly offered for purchase to attend our 'virtual' online whisky tasting events. The price of our whisky tasting tickets can vary and are dependent upon the value of whiskies being used and the number of samples being offered.
1.2 Each ticket entitles the purchaser to receive the advertised whisky samples delivered to their door in good time for the live broadcast, a link to attend the live tasting broadcast itself plus any other advertised 'add-ons' such as discount codes, bonus samples, etc.
1.3 Tickets will be available for purchase until the assigned number of tickets have all been sold 'sold out' or until 4 days prior to the date and time of the live broadcast.
1.4 Tickets are currently only for sale to UK & NI residents only.
2.1 To attend and/or participate in a Dream Whiskies online whisky tasting event, participants must be of legal drinking age for their country or region. In the UK, this is 18 years of age.
3.1 Dream Whiskies makes no representations or warranties as to the quality/suitability of any of the goods or services offered in relation to the whisky tasting events. Except for liability for death or personal injury caused by the negligence of the Dream Whiskies, the Dream Whiskies shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Dream Whiskies, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to ticket holders and, where applicable, to any family/persons accompanying the ticket holder(s), or in connection with any of the whisky tasting events promoted by the Dream Whiskies.
3.2 Dream Whiskies will ship all whisky samples to the tickets holder's UK address a minimum of 4 days prior to the relevant whisky tasting event using Royal Mail First Class Tracked & Signed For service. Notwithstanding, Dream Whiskies holds no liability for the late or non delivery of the aforementioned whisky samples and will therefore hold no liability for making compensation as a result of such delay or loss due to the failure of the Royal mail service. Notwithstanding, Dream Whiskies will always look to come to an acceptable solution in any instance that such delay or loss occurs.
3.3 The consumption of alcohol during whisky tasting events can result in a level of increased inebriation, rendering the ticket holder inebriated. As such, Dream Whiskies accepts no responsibility for the consequences of any action, behaviour or reaction (social or physical) experienced or perpetrated by the ticket holder(s) as a result of the consumption of the whisky tasting event supplied whisky samples.
4. Mailing List
4.1 In purchasing tickets for any Dream Whiskies whisky tasting event, the personal information provided will be added to our whisky tasting event database so that we are able to communicate with ticket holders both prior to and subsequent to the whisky tasting event. In addition, we will use your contact information to notify you of forthcoming whisky tasting events and to provide you with loyalty vouchers as a reward for having attended one or more of our whisky tasting events.
4.2 If you no longer wish to remain on our database (4.1) subsequent to having attended one of our whisky tasting events, you can unsubscribe by either clicking the 'unsubscribe' button at the bottom of any of our emails or by contacting us directly at email@example.com and requesting that we unsubscribe you.
5.1 In the case of non-delivery or damage of whisky samples supported by proof of such, Dream Whiskies will offer a full refund. In the case of whisky samples having been shipped and received by the ticket holder who then has a change of mind, we will offer a full refund on return receipt of the unopened whisky samples.
5.2 Dream Whiskies will not be responsible for the cost of shipping returns.