TERMS AND CONDITIONS

BALVENIE FELLOWSHIP TERMS AND CONDITIONS

TIMING: The Balvenie Rare Craft Roadshow Fellowship program (the “Program”) ends at 11:59:59 p.m. ET on October 15, 2012 (the “Program Period”).VOID IN CALIFORIA AND WHERE PROHIBITED.

ELIGIBILITY: The Program is open to legal residents of the 50 United States and the District of Columbia who are craftsmen and at least 25 years of age at the time of completing the nomination process (“Craftsmen”). Employees, officers, and directors of William Grant & Sons, Inc. (“Sponsor”) or any of its affiliates, subsidiaries, wholesale distributors, advertising and promotion agencies; suppliers, distributor and retailers of alcohol beverages; and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to participate.

NOMINATION: Visit www.thebalvenie.com/nominate (“Website”) and follow the online directions to submit a photo and description of Craftsmen’s work (140 characters max), (collectively, “Nominations”). Nominations will be evaluated based on the craft contained in the Nomination. By submitting, you grant the Sponsor a perpetual, worldwide, royalty-free, non-exclusive, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, communicate to the public and exercise all copyright and publicity rights with respect to any such work and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in the Sponsor’s Privacy Policy. If you do not wish to grant such rights to the Sponsor, you should not submit your Nomination for this Fellowship program. By submitting your Nomination, you warrant that such Nomination is your own original work, that any individuals appearing in such contribution are over the age of 25 years and have provided you their express written permission for its submission (and will agree to provide written permission directly to Sponsor upon request), and that you have the right to make it available to the Sponsor for all the purposes specified above. You agree to indemnify the Sponsor from and against all claims, suits, liability, damages costs (including without limitation attorneys’ fees) and other expenses that may be incurred by the Sponsor as a result of a breach or suspected breach by you of any of these Terms and Conditions or the rights of any third party or any violation by you of any law or regulation.

CRAFTSMEN SELECTION: Sponsor along with its agencies will review each Nomination and select up to fifty (50) Craftsmen to receive a visit from the Balvenie Rare Craft Roadshow. Each of the Craftsmen selected for a visit will be interviewed during the visit by Sponsor or its representatives, to determine up to five (5) Craftsmen to receive a trip to New York; one (1) of the Craftsmen selected to receive a trip to New York may also be selected to receive a trip to Scotland for additional fellowship opportunities. Craftsmen will be selected solely at Sponsor’s discretion based on Sponsor’s analysis of the craft and Craftsman in relation to its Fellowship Opportunity objectives.

FELLOWSHIP OPPORTUNITIES: A.. Up to five (5) Craftsmen will receive a 3-day trip to New York to show their wares at the Balvenie Whisky Den in September/October 2012, where they will each receive the following: a $2,000 award and a trip to New York to showcase their work, including flights and accommodation for 3-days; and an opportunity to sell their products. B. One of the five (5) Craftsmen will receive a two-week trip to Scotland where he/she will receive the following opportunities: A $5,000 award; flights and accommodations for 14 days; one week at Sponsor’s distillery, where he/she will learn about each of the Rare Crafts; one week spent shadowing another local craftsmen, learning more about their work and developing new skills while there. Important Notice: Trips must be taken on dates specified by Sponsor. Each trip consists of round trip coach air transportation for Craftsman from a major US commercial airport near Craftsman’s home to the destination city and specified lodging (standard accommodations, single occupancy). All travel arrangements must be made through a travel agent selected by Sponsor. Craftsman traveling to Scotland must possess a current U.S. passport valid six months past date of travel and any other required travel documents. Craftsmen who live within a 200-mile radius of hotel designated by Sponsor will not receive the air-transportation portion of the prize. Craftsmen will be responsible for all gratuities, meals, ground transportation, and any other incidental costs or expenses not identified in these terms and conditions.

VERIFICATION: Each Craftsman visited will be required to complete and sign the following document: William Grant & Sons – Balvenie Rare Craft Roadshow – General Release in order to participate in the Program or accept a fellowship.

SPONSOR: William Grant & Sons, Inc. New York, NY, 10003
© 2012 William Grant & Sons, Inc. New York, NY.

WEBSITE TERMS AND CONDITIONS

Any use by you of the The Balvenie website at www.thebalvenie.com (Website) and www.thebalvenie.com/roadshow is conditional upon your acceptance of these Terms & Conditions, including our Privacy Statement. The following Terms and Conditions apply to users, viewers and all people who access this Website. This Website is operated by The Balvenie Distillery Company Limited (registered in Scotland with company number 138003 and registered office at The Balvenie Maltings, Dufftown, Banffshire, AB55 4BB).

The Balvenie Distillery Company Limited is a member of the William Grant & Sons Group of companies (WGS Group), the parent company of which is William Grant & Sons Limited, registered in Scotland with company number 131772 and registered office at The Glenfiddich Distillery, Dufftown, Banffshire, AB55 4DH. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website.

TO ACCESS THE WEBSITE YOU MUST BE OF LEGAL DRINKING AGE IN THE COUNTRY WHERE YOU ARE VIEWING THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE. All references to ‘our’, ‘us’, ‘we’ or ‘Company’ within this policy and within the opt-in notice are deemed to refer to William Grant & Sons Limited, its subsidiaries, affiliates and associates.

INTRODUCTION
1. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.

2. The Company may revise these Terms and Conditions at any time by updating this posting.

3. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement.

INTELLECTUAL PROPERTY
4. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation trade marks, designs, logos, text, images, audio and video materials and bottle designs) are owned or licensed by the Company.

5. Without limitation, the trademarks and all related logos, labels, bottle designs and all other intellectual property associated with The Balvenie brand The Balvenie are owned by the Company.

6. Without prejudice to clause 4 of these Terms and Conditions, any other product names and images used in this Website are for identification purposes only. All trademarks and registered trademarks included in such product names and images (including but not limited to any whisky names and images included in the Whisky Shelf section of the Website) are the property of their respective owners.

7. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the Company.

8. Any rights not expressly granted in these Terms and Conditions are reserved.

SERVICE ACCESS & ACCEPTABLE USE
9. The Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily or permanently without notice.

10. Without prejudice to Clause 9, the Company reserves the right to suspend, terminate or restrict access to the Website if these Terms and Conditions are breached.

11. You shall keep any passwords and usernames allocated to you confidential and the Company reserves the right to suspend or terminate the username and password if the Company suspects non-compliance by you with these Terms and Conditions.

12. You may use the Website only for lawful purposes. You may not use the Website:

a. in any way that breaches any applicable local, national or international law or regulation;
b. in any way that is unlawful or fraudulent or has any unlawful or fraudulent effect;
c. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of spam;
d. to knowingly transmit any data, send or upload any material that contains viruses or similar computer code designed to adversely affect the operation of any computer software or hardware;
e. to undertake any other activity that would contravene the Computer Misuse Act 1990 (UK).

SUBMISSIONS
13. Other than personally identifiable information, which is covered under our Privacy Policy, where you are invited to submit any contribution to this Website (including without limitation any text, graphics, video or audio) you grant the Company a perpetual, worldwide, royalty-free, non-exclusive, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, communicate to the public and exercise all copyright and publicity rights with respect to any such work and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in the Company’s Privacy Policy. If you do not wish to grant such rights to the Company, you should not submit your contribution to this Website.

14. By submitting your content to this Website, you also:By submitting your content to this Website, you also:

a. warrant that such contribution is your own original work, that any individuals appearing in such contribution are over the age of 25 years and have provided you their express written permission for its submission, and that you have the right to make it available to the Company for all the purposes specified above; and
b. agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.

15. You agree not to submit any contribution that is not original to you or otherwise infringes the rights of, or that restricts or inhibits the use and enjoyment of this Website by, any third party. Your use and submission must not be unlawful, nor may it harass or cause distress or inconvenience to any person and will not contain obscene or offensive content or disrupt the normal flow of dialogue within this Website.

16. You will not, nor will you encourage any other party, to make any statement or introduce any contribution which includes:

a. swearing and/or unacceptable, indecent, defamatory, threatening, violent or discriminatory (based on race, religion, sex, sexual orientation, national origin, age or physical or mental disability) language;
b. discussions that encourage, promote or provide information about illegal or criminal activities (including but not limited to pornography, explosives, weapons, violence, drugs, programming viruses, computer hacking and copyright infringement);
c. posting of addresses for other web sites or content that infringes any third party’s intellectual property rights;
d. exchanging telephone numbers or home addresses, the harassment of other users of the site (either privately or in a public forum), or the impersonation of our staff, celebrities or any other characters;
e. actions that would disrupt or impair the functioning, stability or security of the site (including but not limited to the introduction of viruses, bugs, worms, Trojan horses or any other form of contaminants);
f. advertisements, promotions, unsolicited approaches, or any other use of the site for unauthorised commercial purposes; and
g. any derogatory remarks about the Company or the site.

17. You agree to indemnify the Company against all legal fees, damages and other expenses that may be incurred by the Company as a result of a breach or suspected breach by you of any of the Terms or the rights of any third party or any violation by you of any law.

18. Although we ask all Website users to adhere to these Terms, you acknowledge that other users may submit material that you consider offensive or objectionable. The Company assumes no responsibility or liability for the individual user content submitted to the Website and such submissions do not represent the views of the Company.

19. In contributing to our Website you agree to grant us a royalty-free, non-exclusive license to publish and otherwise use the material in any way that we want, and in any media worldwide. To have your information removed from this website please list the craftsman name, location, etc. and email us at balvenieroadshow@gmail.com.

LINKS TO OTHER WEBSITES
20. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

RESTRICTION ON LIABILITY
21. While the Company endeavors to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. To the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law).

22. Subject to Clause 23, the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

23. Nothing in these Terms and Conditions shall limit the Company’s liability for:

a. death or personal injury caused by the negligence of the Company, its directors, agents, officers or representatives;
b. fraud or fraudulent misrepresentation; or
c. any other liability which cannot be excluded or limited by law.

GOVERNING LAW AND JURISDICTION
24. These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Scottish courts although the Company retains the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

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