In Santiago, on March 1st, 2020, VIÑA CONCHA Y TORO LIMITADA, (from this point on, the “Organizer”) identified with unique tax role N ° 90.227.000-0 represented by its Corporate Marketing Manager Mr. Cristobal Goycoolea, who acts as the legal representative of both Concha y Toro Limitada and CASILLERO DEL DIABLO, all based on the address “Nueva Tajamar Ave. 481 Torre Norte, 15th floor, Las Condes district, Metropolitan Region, Santiago de Chile” in order to establish the following Promotion Bases:
First. Viña Concha y Toro S.A. (“Concha y Toro”) is a company which commercial purpose is the production and distribution of wines, which includes those made under the brand Casillero del Diablo (the “Brand”).
Second. Concha y Toro will carry out a promotional campaign called “CASILLERO DEL DIABLO: PLAY AT OLD TRAFFORD” focused on increasing the awareness of the brand. This promotion is part of a global scale campaign. Nevertheless, some countries (from now on called “Active Markets”) such as: Aruba, Barbados, Chile, Norway, Trinidad & Tobago, Ukraine and USA will make local plans to activate this campaign, including POS material, specific digital content, or other according to their local legislation.
In compliance with the provisions of article 36 of Act No. 19.496 on Consumer Rights, these Promotional Campaign Rules, contain the description of the mechanics, prizes and time frames in which those can be claimed and the channels of notification of the results of the draw.
Concha Y Toro is the Organizer and facilitator of this promotion and the prizes (as set out below). These terms and conditions are between Concha y Toro and participants in this promotion.
The Match (defined below) will be held at Old Trafford Stadium, which is owned by Manchester United Football Club Limited whose registered office is at Old Trafford, Sir Matt Busby Way, Manchester M16 0RA (“MU”). For the avoidance of doubt, however, MU is not a party to these terms and conditions and shall have no liability under these terms and conditions to any participant of this promotion.
For this promotional campaign (from this point on, the “promotion”), individuals who have
the legal age according to their domestic law and who comply with all the established requirements set in Point Tenth of this legal bases are going to be considered as “participants”.
THIRD: Promotion period.
The Promotion will run from March 1st 2020 until September 30th, 2020 inclusive, being 23:59 at each respective country the maximum term to participate (the “Term of Validity”).
The organizer may decide, at its discretion, to modify the terms and conditions of the contest. If this happens it will be communicated in a timely manner and in accordance with the internal legal requirements of consumers by the means determined by that purpose.
FOURTH: Promotion mechanics:
The promotional campaign “CASILLERO DEL DIABLO PLAY AT OLD TRAFFORD” consists of the following:
The participants who satisfy all the requirements established in these terms and conditions and in accordance with all the established procedures, may be able to win one of the following prizes (named as “The Prizes” as a whole):
One of the 26 trips roundtrips to Manchester, England (from now on, “The Main Prize”).
The Main Prize includes:
This trip, depending on the location of the different winners, is currently scheduled to take place in May 2021. The dates of this trip, however, are subject to confirmation by Concha y Toro and may be subject to change at its discretion.
It is stated that Concha y Toro, shall not be liable in the occurrence of a delay or cancellation of the flight on the designated Airline either by departure or return dates and shall not be required to fulfil the prize on an alternative date if any winner’s flight is delayed or cancelled.
Slots will be allocated randomly, but subject to the following distribution of winners per country as per internal Concha y Toro guidelines.
|Trinidad & Tobago||1 Slot|
|Rest of the World||4 Slots|
|Casillero del Diablo Influencers||2 Slots|
Between all participants who share their entry to the contest in any of the Social Media available in the website, will be also participating for any of the following prizes:
Also, each “Active Market” will have its own secondary prizes, which will be communicated in their respective website described in point Fourth.
ADDITIONAL TERMS WHICH APPLY TO THE MATCH:
Winners of the Main Prize who are selected for the trip to Manchester to play in the Match at Old Trafford Stadium (“Stadium”) are required to acknowledge and agree to the following additional terms:
SIXTH: Campaign management and delivery conditions.
Concha y Toro will be responsible for the recordkeeping and maintenance of the corresponding database and will make the delivery of prizes to the promotion winners.
Concha y Toro, by its own or through their local distributors in the “Active Markets” will be responsible for delivering and coordinating the trips of the respective winners.
It is an indispensable condition for receiving the prize that the winner grants his / her consent so, in compliance with the respective laws, his / her identity, image and/or voice can be disclosed and displayed by any means of communication, if CONCHA Y TORO, with its brand CASILLERO DEL DIABLO decide to do so. Given the above mentioned, no rights of exclusivity, nor rights for exhibition, not the delivery of all personal data requested for registration in the website www.casilleromanchester.com shall be claimed.
Once the winner is contacted, and upon checking their personal information with the information delivered, shall be a mandatory and unmodifiable condition, that each contacted winner shows their identity card, definitive residence certificate in the country in which he/she contest and being of legal age and capacity according the domestic legislation.
Winners commit to give advertising testimonies. In this context, in conformity with the respective legislation, winners confer their express consent in favor of Concha y Toro to use the testimonies, including but not limited to, reproduction of images, name, country of residence and identification card of the winner on any means of communication regardless of any geographical limitation and without any right to compensation, during the period of the promotion and up to 36 months after the conclusion of such term.
Participants acknowledge and accept that Concha y Toro in their parent companies, branches, and related companies, in accordance to the local legislation, can make use of the personal data disclosed by participants in virtue of their participation in the promotional campaign, on bank registries or own data. Participants exonerate of any liability Concha y Toro for any misuse of such data by third parties. Concha y Toro will not commercialize or assign such data without express authorization of the participants, according to the governing law.
Concha y Toro is required to pass the winner’s details to MU in order to facilitate the Match. MU shall process such personal data on the basis of legitimate interest.
The prizes lucky draws will be held digitally on these dates:
Rest of the World, Aruba, Barbados and Trinidad y Tobago: 1st of October 2020.
The rest of the “Active Markets” state the date of their luck draws in their exclusive Legal Bases.
SEVENTH: Delivery Management.
CONCHA Y TORO, via the agency DAFWS, will contact the potential winners to coordinate the delivery of the drawn prizes.
The potential winner shall present his/her identity card, in each market, to the marketing team of the distributor of Concha y Toro, to certify his/her conditions as a winner, where CASILLERO DEL DIABLO will not be liable to the winner and / or third parties in the event that the prize is collected by a person who proves their identity with a false or adulterated document, not having the winner and / or third party any right to claim compensation and / or damages whatsoever from Concha y Toro for the occurrence on the above.
It is expressly established that the prizes are personal and non-redeemable in products, money or other goods. It is established that the prize can be transferred to another person, defined by the winner, in case he/she is unable to make the trip. This designated person must satisfy all the restriction indicated at point tenth and who transfers him the prize will have 2 days to communicate the name of this person. In the event that the above does not occur, Concha y Toro, with all the authority, can choose another winner.
Once the draw has been made, Concha y Toro has 2 business days to wait for a response and / or contact with the winner. In case that such contact and corroboration with the winner could not be established, Concha y Toro has the authority to make another draw for the allocation of the respective prize.
EIGHTH: Taxes and Transportation Costs
Any tax or expenses related with the assignation or use of any of the prizes, that are not stated in point Fifth of these Terms and Conditions, will be assumed by every potential winner.
NINTH: Prize Warranty and Participation
Neither Concha y Toro nor Manchester United shall be liable for any damages that potential winners might suffer, either emotional or physical (including their assets and goods), upon their participation in the promotional campaign, or with regard to the withdraw from or use of the prizes. In addition to the above, neither Concha y Toro, nor Manchester United will give any type of warranty of quality, eviction, functioning, nor any other, in relation with the prizes, being necessary to address any claim to the manufacturers, importers or service providers of such services.
TENTH: Participation and Acceptance.
Participants must be 18 years old and older in order to enter this promotion. Yet, to be a winner of the Main Prize, participants needs to satisfy all of the following conditions:
In the case of winners who require VISA to enter the United Kingdom, Concha y Toro will facilitate everything needed so they can apply for it. Nevertheless, Concha y Toro will not make themselves responsible in case the VISA is rejected or it is not given in time so the winner can make it to Manchester in the dates of the trip.
In order to play the match, on the day of the event, each one of the winners shall sign a document issued by Manchester United and Concha y Toro, where the winner clearly expresses consent and declares to be physically suitable to play, excluding of any sort of liability both Manchester United and Concha y Toro.
It is declared here that it is prohibited, and given such, cannot participate in this promotion, nor have access to claim the prizes, any worker of VTC Chile and Viña Concha y Toro, as well as workers of any of the other companies that, directly or indirectly participate in the organization, implementation and /or events of this promotional campaign; by means of mere reference, workers of DAFWS marketing agency, responsible for the support of the implementation of this promotion.
This prohibition is also extensive to the spouses and relatives up to a second blood line, inclusive.
Participation in this promotion implies for all legal purposes, the total acceptance of these Promotion Terms, waiving any claim or legal action of any nature against Concha y Toro., And / or Manchester United and/or Agency Dafws.
Concha y Toro and the agency DAFWS shall not be liable in the event that, as a consequence of any action, accident, or circumstance, by means of the prize, occurs a physical, emotional or economical damage, whether to the winner or to others. It is understood that the acceptance of a prize by any participant winner shall imply for all the legal effects, a waiver to any claim or legal action against Concha y Toro.
TWELFTH: Modification of the Terms and Conditions.
When unforeseeable circumstances justify so, Concha y Toro is entitled to suspend or modify the promotion timings, without participants having any right to raise any claim.
Participants and winners, declare to acknowledge and accept that Concha y Toro may cancel the trip in case of any unforeseen circumstance, such as a global epidemic. Just in that case, Concha y Toro declares that the 4 Global winners and the ones from Aruba, Barbados and Trinidad y Tobago stated in point fifth, will receive an equivalent prize in money of 2.500 USD each. The rest of the winners stick to the legal bases of their respective markets.
THIRTEENTH: Acceptance to the Terms and Conditions
Participation of this promotion implies the acknowledgment and acceptance of these bases and conditions, as well as to the decisions adopted by Concha y Toro or Manchester United on any relevant situation not covered in such, given that the above mentioned are in full accordance to the current legislation and have been duly approved by the correspondent authority in the country.
FOURTEENTH: Legislation and Applicable Jurisdiction.
The promotional campaign (promotion) will be ruled by the laws of the Republic of Chile. In the event of any controversy originated from the present promotion, this shall be ruled by the jurisdiction of the commercial courts of the city of Santiago.
pp. CONCHA Y TORO LIMITADA