Terms & Conditions
Sponsor: Irish Distillers Limited, Simmonscourt House, Simmonscourt Road, Ballsbridge, Dublin 4, Ireland ("Sponsor" or "Irish Distillers Limited"), registered with the Irish Company Registration Office under No. 23732.
Eligibility: Jameson First Shot starring Dominic West ("Contest") is open only to individuals aged 25 or older who are legal residents of any the following (collectively, "Territory"):
- South Africa
- United Kingdom
The Contest is not open to individuals who are members of any union or guild that would have jurisdiction over the services to be performed hereunder, including, without limitation, the Writers Guild of America, Directors Guild of America, the Union of Bulgarian Writers, and the Union of Bulgarian Film Makers.
This Contest is not open to any (a) officers, directors, employees, representatives or agents of Irish Distillers Limited, Dana Brunetti, Dominic West, anyone professionally associated with Dana Brunetti or Dominic West, or any of their respective parent companies, subsidiaries, and affiliates; (b) individuals who are, or officers, directors, employees, representatives or agents of any entity that is, responsible for the development, printing, distribution and implementation of this Contest; (c) individuals who are, or officers, directors, employees, representatives or agents of any entity that is, a supplier, distributor or retailer of alcohol-beverage products; (d) or individuals who are members of the immediate family (spouse and parents, children, siblings and their respective spouses, regardless of where they reside) or household, whether or not related, of any of the foregoing.
Void outside the Territory and where prohibited by law.
To Enter: To enter, visit jamesonfirstshot.com (the "Website"), follow all instructions, and complete and submit the entry form, including a short personal biography and a script or screenplay of at least 5 pages but no more than 7 pages in length on A4 paper size in 12 point Courier font. The script should include a key role that is appropriate for Dominic West to perform and a maximum of 7 cast. The script should not include any character who is under the age of 25. Final films must be approximately 5 minutes in duration. Your story should be around the great and/or unexpected things that can happen when you fear less and invite life in. Scripts must be submitted in English and entrants must be fluent in English. The Contest will begin at 11:00 GMT on April 3rd 2017, and entries must be received by June 1st 2017, 17:00 GMT (""Contest Entry Period""). Entries can only be submitted by individual writers. Entries created by more than one individual and/or writing team will not be accepted. Only one entry/submission per person/email address will be permitted. Any entries/submissions received from any person/email address after the first entry/submission received from that person/email address will be void. Only entries/submissions received during the Contest Entry Period and which are otherwise fully compliant with these Official Rules are ""Valid Entries."
Scripts need not include any alcohol references but if they do, they must not:
- contain any image directly showing spirits, wine or beer or present any actions associated with their consumption, production and/or distribution;
- include a challenge or dare to consume alcohol or emphasize alcohol strength;
- promote excessive alcohol consumption or present abstention or moderation in negative light;
- have a strong or evident appeal to minors, or be in any way targeted at minors, for instance by presenting minors consuming alcohol;
- suggest that the consumption of alcohol may create or contribute to a significant change in mood or environment or to the achievement of success (business, social, sexual, sporting, physical or other);
- suggest that alcohol consumption offers any therapeutic benefit or is beneficial to health, social or sexual well-being, has stimulating or relaxing effect, or is capable of solving personal conflicts; or
- show or imply alcohol consumption before, or associate alcohol consumption in any other way with, any activity that requires a high degree of alertness or co-ordination, including but not limited to driving, controlling machinery or swimming.
Winner Determination: The three (3) winning scripts selected in accordance with these Official Rules, (each a "Winner") will be produced by Dana Brunetti and will star Dominic West, subject to the terms of these Official Rules. Sponsor reserves the right to not select three (3) (or any) Winners if, in its sole discretion, it does not receive a sufficient number of qualified Finalists (as defined below).
Initial Judging Criteria: A panel of qualified judges will select twenty (20) "Finalists" from among all Valid Entries received based on the following criteria (collectively, "Initial Judging Criteria"):
- Creativity including the ability to produce the script and include music within budgetary limitations (50%);
- Originality (25%); and
- Entertainment value (25%).
In the event of a tie, an additional "tie-breaking" judge will determine the Winner(s) based on the Initial Judging Criteria. Sponsor reserves the right to select fewer than twenty (20) Finalists if, in its sole discretion, it does not receive a sufficient number of qualified and Valid Entries. Decisions of Sponsor and judges are final and binding in all matters.
Finalist Notification: Potential Finalists will be notified by telephone and/or email using the information provided at time of entry, no later than July 14th 2017. Each potential Finalist will be asked to provide, within seven (7) business days of date of initial notification, the following additional entry materials/information (collectively, "Finalist Materials"):
- an example of any film previously written, directed or produced by Finalist;
- a full written director’s treatment of submitted script;
- a filmed scene from one of three (3) scripts provided by Dana Brunetti. The filmed scene must conform to any parameters provided to the Finalist by Sponsor or Dana Brunetti; and
- if requested, a polished version of the submitted script based on comments provided to Finalist by Sponsor and/or Dana Brunetti.
Telephone and email notification shall each be deemed to have occurred on the date Sponsor or Sponsor's designee first attempts to make telephone or email contact with a potential Finalist. If a Finalist fails to provide the Finalist Materials within the specified time period, or is found to be ineligible for any reason, or fails to respond to Sponsor's initial notification within seven (7) business days of date of notification, such Finalist may be disqualified and, at Sponsor’s discretion, a runner-up will be notified. In the event of any non-compliance with these Official Rules, the potential Finalist may be disqualified and, at Sponsor’s discretion, a runner-up will be notified. Released Parties (as defined below) are not responsible for unsuccessful efforts to notify any potential Finalist and shall be fully and completely released and discharged from any liability to any entrant(s) in this regard.
Winner Judging Phase: A panel of qualified judges will select the Winners from among all Finalists based on the Judging Criteria (collectively, "Winner Judging Criteria"):
- Creativity (40%);
- Originality (15%);
- Entertainment value (25%); and
- Previous experience with writing, directing and/or producing short films (20%).
In the event of a tie, an additional "tie-breaking" judge will determine the Winner(s) based on the Winner Judging Criteria. Decisions of Sponsor and judges are final and binding in all matters.
Winner Notification: Potential Winners will be notified by telephone and/or email using the information provided on such Winner’s entry no later than July 27th 2017. In order to receive the prize, each potential Winner must, within seven (7) business days of date of initial notification, provide evidence of identity and sign an affidavit of eligibility and (unless prohibited) publicity/liability release or, at Sponsor’s discretion, such Winner will be disqualified and, at Sponsor’s discretion, an applicable runner-up will be notified. Telephone and email notification shall each be deemed to have occurred on the date Sponsor or Sponsor’s designee first attempts to make telephone or email contact with a potential Winner. In addition, each potential Winner must, promptly upon Sponsor’s or Dana Brunetti’s request (and in any event within seven (7) business days of such request), sign such other releases, agreements and other documents as Sponsor or Dana Brunetti may require from time to time (including, without limitation, the “Winner Agreement” described below. If any prospective Winner is found to be ineligible for any reason, he/she will be disqualified and, at Sponsor’s discretion, a runner-up will be notified. Any non-response by a potential Winner, or Sponsor’s failure to receive a response from any potential Winner within the prescribed seven (7) business day period, or the failure of any potential Winner to sign any documents required by Sponsor or Dana Brunetti may result in disqualification and, at Sponsor’s discretion, a runner-up will be notified. In the event of any non-compliance with these Official Rules, the potential Winner may be disqualified and, at Sponsor’s discretion, a runner-up will be notified. Released Parties (as defined below) are not responsible for unsuccessful efforts to notify any potential Winner and shall be fully and completely released and discharged from any liability to the first selected entrant(s) in this regard.
Prizes (3): Each Winner will have his/her script produced by Dana Brunetti in Los Angeles or another location determined by Sponsor and such film will include Dominic West in a key role, subject to the terms of these Official Rules. Exact details of film production, including, without limitation, length of resulting film, budget and actors, will be determined by Dana Brunetti in its sole discretion. Each Winner will be the director of the film unless Dana Brunetti, in its sole discretion, deems the Winner incapable. Each Winner will have no approval over the production or final film produced based on his/her entry/submission, and each Winner acknowledges and agrees that Dana Brunetti will own all rights in film based on his/her entry/submission. If requested by Dana Brunetti or Sponsor, each Winner agrees to (i) attend the production of the film being produced based on his/her script, (ii) take part in behind the scenes filming to create “Making Of Films” segments, (iii) participate in publicity, media interviews, photo shoots or other events promoting the film and/or this Contest without additional consideration (on a free basis), and/or (iv) attend the special screening of the final film (at a location and date/time to be determined by Sponsor or Dana Brunetti) (collectively “Production Activities”). Each Winner must be able to obtain, and will be responsible for obtaining, all necessary travel documents to fulfill all obligations set forth herein, including, without limitation, passports and visas. If a Winner cannot obtain a visa or if the Winner is unable to attend the shoot day for the film, then such Winner may be disqualified and an alternate winner will be chosen in Sponsor’s sole discretion. Sponsor will pay for the costs of travel and accommodations associated with attending the production of the film and attending the special screening, which will include round-trip coach class air transportation and one (1) standard room at a hotel of Sponsor’s choice. All travel arrangements will be made by Sponsor, through an agent of Sponsor’s choice. Exact dates for all Production Activities will be determined by Sponsor and/or Dana Brunetti and will be subject to Dominic West’s availability (and subject to the terms of these Official Rules). In the event, for whatever reason, Dominic West is unable to star or otherwise perform in the film, Sponsor reserves the right, in its sole discretion, to substitute a different actor of its choosing and/or to not produce the film. Each Winner must use reasonable efforts to make himself/herself available on all dates specified by Sponsor. Failure of a Winner to participate in any Production Activity may, in Sponsor’s sole discretion, result in prize being forfeited. (References in these Official Rules to a Winner’s “entry/submission” shall include all materials submitted by a Winner at each phase of the Contest, including, without limitation, the original entry/submission, the Finalist Materials, and any other materials submitted by the Winner.)
Each Winner understands that his/her participation in the production of the film or any publicity or other events (including, without limitation, the Production Activities), any interviews provided by him/her and his/her attendance at the special screening may be photographed, videotaped and otherwise recorded by Sponsor and Dana Brunetti and/or their respective designees (“Production Footage”) and that such Production Footage will be owned by Sponsor or Dana Brunetti (as applicable) pursuant to the “Winner Agreement” (defined below). Each Winner understands and agrees that Sponsor and Dana Brunetti will have the right to reproduce, distribute, perform, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit and otherwise use the Production Footage, free of any payment, including, without limitation, Winner’s name, voice, performance, image, photograph, statements and biographical information, in any manner and in any and all media now known or hereafter devised throughout the universe for any purpose whatsoever, including, without limitation, for commercial purposes, without compensation or notification to, or permission from, Winner or any third party, and each Winner hereby acknowledges that Sponsor or Dana Brunetti (as applicable) will hold all moral rights in the Production Footage, or if for any reason this is not the case, each Winner hereby grants all assignable moral rights in the Production Footage to the Sponsor or Dana Brunetti (as applicable) (or, if a resident of Bulgaria or Australia - agrees to consent in writing to any modifications of non-assignable moral rights). Each Winner agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of Sponsor and/or Dana Brunetti, which it may withhold in its sole discretion. If, for whatever reason, Sponsor is unable to produce a Winner’s script, Sponsor is under no obligation to provide compensation or substitution; however, Sponsor reserves the right to substitute a prize of comparable or greater value for this or any other reason that it determines in its sole and absolute discretion. Prize must be accepted as awarded, is not transferable except at the sole discretion of Sponsor and cannot be converted to cash. Prize is awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion.
General: By participating, all entrants warrant and represent that they have complied in full with these Official Rules, including but not limited to all eligibility requirements, and further agree to be bound by these Official Rules and the decisions of Sponsor and/or the judges, which are final and binding in all respects. All entries/submissions become the property of Sponsor and will not be returned or acknowledged. Released Parties assume no responsibility for entries/submissions that are lost, late, delayed, destroyed, incomplete, inaccurate, garbled, stolen or misdirected for any reason whatsoever or for any computer errors or malfunctions. Entry materials that have been tampered with or altered, or mass entries or entries generated automatically or robotically, or by a script, macro or use of any automated device(s) or by any other means which subvert the entry/submission process are void. To the extent permitted by law, neither Sponsor, Dominic West, anyone professionally associated with Sponsor, Dana Brunetti, Dominic West, nor their respective parent companies, subsidiaries, and affiliates; individuals or entities responsible for the development, printing, distribution and implementation of this Contest; suppliers, distributors or retailers of alcohol-beverage products nor any of their respective officers, directors, representatives, employees or agents (collectively, “Released Parties”) are responsible for: (i) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor; (ii) hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest; or (iii) any injury or damage to entrant’s or any other person’s computer or other device related to or resulting from entering or otherwise participating in the Contest. Sponsor reserves the right to withdraw and terminate, or modify the Contest, if it becomes technically corrupted, if a computer virus or system malfunction impairs its ability to conduct the Contest, or if the Contest otherwise becomes impossible, impractical, infeasible for any other reason. To the extent permitted by law, if for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. If terminated, Sponsor may, at its discretion, award the prize from among all non-suspect, Valid Entries received up to time of such action using the judging procedure outlined above. Sponsor reserves the right to modify the Official Rules without materially affecting the terms and conditions hereof by sending a notice to the entrants at the email address provided by the entrants and/or publishing such notice at the Web Site.
Warranty: By entering, each entrant warrants and represents that (i) the entrant owns all rights to the entry/submission he/she is entering in this Contest and can grant the rights set forth herein, and (ii) his/her entry/submission: (a) complies with these Official Rules; (b) is original to the entrant and has been legally created and is not based on any pre-existing book, film or work of any kind, and does not include any character that is, or is based on, a real person, alive or deceased, (c) does not infringe the intellectual property, privacy or publicity rights or any other legal, personal or moral rights of any third party, or violate applicable laws, rules, regulations, or network standards, or defame or invade the publicity rights or privacy of any person, living or deceased; (d) will not be entered into any other contest or program during the Contest Entry Period, and has not been entered in or won any previous contests or awards prior to entry into this Contest; and (e) has never before been published or produced; and (iii) each individual featured or visible in the entry/submission is 25 years of age or older at the time the entry was submitted. Each entrant agrees not to submit any entry/submission that does not comply with these Official Rules.
Content: Each entry/submission must be suitable for display and publication in all forms of media, including but not limited to the internet, the World Wide Web, print, radio, and network, cable or satellite television broadcast. Accordingly, entries must be dignified, modest and in good taste, may not be obscene or indecent or include nudity, pornography or profanity, must not contain any offensive or defamatory statements or material including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, must not feature, advocate, suggest, condone, or treat in a humorous manner the excessive, underage or irresponsible consumption of beverage alcohol products, must not include threats to any person, place, business, group or world peace, must not invade privacy or other rights of any person, firm or entity, must not include any third party trademarks or copyrighted materials, including brand names, logos, text or other similar materials, must not portray Sponsor or the Jameson brand in any way that might tend to subject any of them to public contempt, scandal, disrepute or ridicule, and must not in any other way violate any applicable laws, rules or regulations or network standards. Sponsor reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any entry/submission it determines to be inappropriate for any of the reasons listed above, or for any other reason, to the extent permitted by law.
Indemnity and Release: To the fullest extent permitted by law, by participating in the Contest and/or accepting a prize, each entrant and Winner agrees to release, defend, indemnify and hold harmless Released Parties from and against any and all claims, demands, expenses, losses and liabilities of any nature whatsoever caused or contributed to by entering or participating in the Contest, the acceptance, use or misuse of any prize, participation in any prize-related activities (or, in the case of a Winner, any Production Activates), and/or any use of the entrant’s or Winner’s entry/submission as permitted hereunder, including, without limitation, any claims of third parties claiming infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation, and each entrant and Winner further agrees to release, defend, indemnify and hold harmless Released Parties from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of any of the Released Parties infringes on the rights of entrant's work as contained in any submitted entry/submission or includes any ideas or content that is similar or identical to materials contained in any submitted entry/submission. The provincial liquor boards and agencies of Canada are not connected with this Contest in any manner whatsoever, and are not liable in any way whatsoever in regard to any matter that relates to this Contest.
License to Use Entries/Submissions By All Entrants: By participating in the Contest, to the fullest extent permitted by law, each entrant irrevocably grants to Sponsor and Dana Brunetti and their respective parent, subsidiaries, affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual (or, for a resident of Bulgaria, the maximum applicable term of validity for the entry/submission and Finalist Materials) right and permission, which right and permission may be freely assigned or sublicenses to any other parties, to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse, without limitation and free of charge, (a) the entrant's name, address, image, voice, likeness, statements, biographical material, (b) the entrant’s entry/submission and (c) the entrant’s Finalist Materials (if applicable) (including, but not limited to, any text, video, still image, likeness, photos, names, special effects, recordings, performances or other material contained in such entry/submission and Finalist Materials), as submitted or as edited, altered or modified in any way by Sponsor, Dana Brunetti or their designee(s) in their sole discretion, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the entrant and arising from his/her participation in this Contest or acceptance of a prize, in any media now known or hereafter devised throughout the world for any purpose, without limitation and without additional review, compensation, or approval from the entrant or any other party.
Assignment of Rights/Waiver of Moral Rights By Each Winner: If entrant’s entry/submission is judged a Winner, the Winner will be required to execute such releases, agreements and other documents as may be required by Sponsor or Dana Brunetti, including, without limitation an agreement (The “Winner Agreement”) that is governed by the law of New York, NY (U.S.A.) that provides, among other things, that, in consideration for receiving the prize, the Winner (a) irrevocably assigns and transfers to Sponsor or Dana Brunetti any and all rights, title and interest in the entry/submission, including, without limitation, all copyrights therein, (b) the results and proceeds of the Winner’s services in connection with the development and production of a film based on his/her entry/submission (including, without limitation, the Winner’s services in connection with the Production Activities and the Production Footage) (the “Winner Work Product”) shall be considered as created under Sponsor’s or Dana Brunetti’s commission as a work made for hire or if for any reason determined not to be created under Sponsor’s or Dana Brunetti’s commission or a work for hire, then Winner shall irrevocably assign and transfer to Sponsor or Dana Brunetti any and all rights, title and interest therein, (c) forever waives (or, if a resident of Bulgaria or Australia agrees to consent in writing to any modifications of) all moral rights in the entry/submission and/or Winner Work Product, any rights of privacy, intellectual property rights, and any other legal or moral rights that might preclude Sponsor’s or Dana Brunetti’s use, alteration or modification of the entry/submission or Winner Work Product or require the entrant's permission to use the entry/submission or Winner Work Product for any purpose, (c) agrees to never sue or assert any claim against Sponsor or Dana Brunetti or any entity acting pursuant to Sponsor’s or Dana Brunetti’s direction for any use, alteration, or modification of such entry/submission or Winner Work Product and (d) acknowledges and agrees that, in connection with the use of the entry/submission and Winner Work Product, integrity of all or any portion of the entry/submission or Winner Work Product may be affected (e.g. each or any of them may be modified, translated, directed and played, supplemented by images, videos or audio recordings of any kind, preface, subtitles, voice-overs, comments etc., which in some cases may alter the perception of the entry/submission, Winner Work Product and/or author’s idea), and Winner consents to any and all such actions, including those altering the integrity of the entry/submission or Winner Work Product, that may be performed with respect to the entry/submission in accordance herewith. Notwithstanding the foregoing, if it is ever determined that for any reason that New York law cannot govern the assignment and transfer of ownership as described in the prior sentence and that, instead, the law of a different jurisdiction applies which does not permit such assignment and transfer of ownership, then (a) the Winner shall grant to Sponsor or Dana Brunetti, an exclusive, irrevocable, perpetual, worldwide, fully paid and royalty free license with the right to sublicense throughout multiple levels of sublicenses, or (b) to the extent the applicable law does not permit perpetuity of license, the license shall be considered granted for the maximum statutory term subject to automatic renewal for further maximum statutory terms. The Winner Agreement will also include customary representations, warranties, indemnities and other provisions.
Each entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright, patent or other intellectual property right in and to the entry/submission. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of any Sponsor's actual or alleged exploitation or use of any entry/submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the entry, and, to extent permitted by applicable law, entrant’s rights and remedies in any such event shall be strictly limited to the right to recover out-of-pocket costs associated with participating in the Contest, if any, in an action at law.
Legal Warning: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNYS’ FEES) AND TO DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Interpretation: This Contest shall be governed by and interpreted under the laws of the State of New York, USA, without regard to its conflicts of laws provisions. By participating, to the extent permitted by law, entrants agree that any and all disputes arising out of or relating in any way to this Contest shall be litigated only in courts sitting in the State of New York, USA.
Winners List: Available no later than November 2017 at www.jamesonfirstshot.com.
With respect to their personal data collected and processed in relation to the Contest each entrant has the following rights: (a) to request access to the his/her personal data; (b) to require deletion, correction or blocking of his/her personal data in case their processing is not in compliance with the requirements of the applicable legislation; (c) to object to the processing of his/her personal data for the purposes of direct marketing; (d) to be informed before his/her personal data are disclosed for the first time to third parties or used on their behalf for the purposes of direct marketing, and to be given the opportunity to object to such disclosure or use. Each entrant may exercise these rights by notifying the Sponsor at: firstname.lastname@example.org.
Dana Brunetti and Irish Distillers Limited urge you to PLEASE DRINK RESPONSIBLY.