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Terms & Conditions

Introduction

In order to ensure that we all enjoy the facilities of the Murphy’s ‘Pure Cork’ app, we herewith set out our general guidelines. In these Terms and Conditions of use, and Privacy and Cookie Policy, you will find details on our policies and regulations. We suggest you read them carefully. The following is a general approach only.

Applicability

These terms and conditions of use (“Terms of Use”) apply to all visits to and all use of this application of Heineken Brouwerijen B.V. (“Heineken”). Murphy’s is a subsidiary Heineken Brouwerijen should we note that Murphy’s is subsidiary of Heineken B? as well as to all information, recommendations and/or services provided to you on or through this application (the “Information”).

By using this application you agree to the applicability of these Terms of Use. We note that these Terms of Use may be changed over time. Such changes shall be effective immediately upon the posting of the modified Terms of Use. Users of the app are advised to regularly read the Terms of Use for possible changes.

Information and Liability

The Information is for general information purposes only and does not constitute advice. Heineken shall not be liable for any damages resulting from the use (or inability to make use) of this application, including damages caused by viruses or any incorrectness or incompleteness of the Information, unless such damage is the result of any willful misconduct or gross negligence on part of Heineken. Heineken shall not be liable for damages resulting from any lack of suitability, timeliness or accuracy of this website or the Information.

Heineken shall further not be liable for damages resulting from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Heineken disclaims all warranties including, but not limited to, warranties of conditions, quality, merchantability, fitness for a particular purpose and non-infringement.

Information of third parties

The Information originating from third parties constitutes an expression of the personal opinions of those third parties. Heineken is not responsible and shall not be liable for such Information.

Hyperlinks on this application may direct visitors to external websites which are maintained by third parties. Heineken shall not be liable for the contents and the functioning of such external websites. Heineken shall also not be liable for the quality of products or services which may be offered on such external websites.

Intellectual property

Unless indicated otherwise, all intellectual property rights to this website and the Information are owned by Heineken. These rights include but are not limited to all copyrights, rights to the trade names, word trademarks, pictorial trademarks and logos of Heineken, such as, but not limited to the rights to “HEINEKEN”.

Users are permitted to read the Murphy’s website specifically www.murphys.com/purecork website and the information and make copies for their own personal use, for example by printing or storing. All other use of the application or of the Information, for example the storage or reproduction of (a part of) the application of Murphy’s in any external internet site is not permitted.

Unsolicited ideas

In the event that you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) on the website or send such Materials to Heineken by email or otherwise, Heineken shall be entitled to use, copy and/or commercially exploit such materials to the fullest extent and free of charge. Heineken shall not be bound by any confidentiality obligation in respect of such Materials.

You hereby indemnify and hold Heineken harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by Heineken as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

Severability

If these Terms of Use are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of such void part as much as possible, taking into account the content and the purport of these Terms of Use.

Applicable law and jurisdiction

These Terms of Use shall be exclusively governed by Irish law. All disputes arising in connection with these Terms of Use, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the jurisdiction of Irish courts.

Promotion Terms & Conditions

These terms and conditions apply to the Murphy’s Pure Cork promotion (“the Promotion”) and to all uses of the Murphy’s Pure Cork Application (“the Application”), as well as to all Content and/Services provided to you on or through the Application, “Content” includes all text, graphics, images, audio, video, software, data compilations and any other form of information that appears on or forms part of the Application. Services include all online facilities, communication infrastructure, services, tools or other information that is made available through the Application.

By participating in the promotion and entering the Application you declare explicitly to have read and accept these terms and conditions as set out below.

App Misuse:

Any individual or Publican found misusing the Pure Cork app will be removed from the app immediately. Misuse can be in the form of:

  • Using the free pint credit on the Murphy’s app to redeem a product that is not Murphy’s.
  • Redeeming a pint on the app but not actually serving the pint of Murphy’s so that the bar benefits.
  • Any type of software hacking of the app

At any time the Promoter has the right to, at its sole discretion without prior notification change or discontinue any aspect or feature of the Application or the Promotion and to change or modify these terms and conditions, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon posting of the modified terms and conditions.

Heineken has the right to vary the terms and conditions of and/or to withdraw, amend, suspend, terminate or cancel the promotion and/or limit or otherwise restrict registration to/participation in the promotion at any time without notice. It is further provided that should a person or publican attempt to abuse this promotion, Heineken reserve the right to cancel this person or publican’s participation in the promotion.

If you do not agree to abide by these or any future terms or conditions do not continue to enter the Application or participate in the Promotion. You are advised to regularly read the terms and conditions for possible changes.

The Promoter is Heineken Ireland Limited, whose registered office/’s at Lady’s Well Brewery, Cork, Ireland (the “Promoter”).

In order to participate in this Promotion and to enter the Application, you MUST be over 18 years old and resident in the Republic of Ireland and MUST have validly registered your Date of Birth with the Promoter within the Application (Downloadable from either from the iTunes Store, or Google Play).

The determination of residence and qualification for entry to the Promotion shall be at the Promoter’s sole discretion. No organised groups or representatives are permitted to enter this Promotion. Multiple automatically generated entries will not be considered. The Promoter accepts no responsibility for entries not received.

At all times the Promoter has the right to at its sole discretion without prior notification exclude you from participation. Circumstances in which the Promoter can exclude you from participation include but are not limited to, non-compliance with these terms and conditions or attempts to compromise the Promotion or Application in any way.

  • In order to participate in the promotion participants must download and install the Application.
  • The Promotion will run throughout the year. This is referred to as “the promotion period”.
  • No purchase of any product is necessary to enter this Promotion.
  • A push notification is sent to all those who download the Application and have elected to receive push notifications from the Application.

Each week the Promoter will make an allocation of pints of Murphy’s available to claim ranging from 500 – 3000. A maximum of 1000 pints can be claimed each day. A participant in the Promotion can claim a maximum of 1 pint each day. These pints will only be able to be claimed on the same calendar day. Once the calendar day changes the remaining pints will no longer be available for claiming.

If a participant has claimed a pint successfully, they will have the current day and the next 7 calendar days to redeem their voucher; from the moment they select ‘claim’ on the Application.

A ‘voucher entitles the redeemer to a full pint of Murphy’s stout.

Free Pint Vouchers can only be redeemed in participating outlets. The outlets participating will appear on the ‘Map’ function of the Application. If an outlet signs up to the campaign it may take up to 72 hours before that outlet will appear on the ‘Map’. The Promoter is not responsible for incorrect placement of a participating outlet on the ‘Map’ function of the Application.

A mobile voucher can only be redeemed in a participating venue in Cork City & County (Republic of Ireland).

Once a voucher has been activated, a ‘Pour’ confirmation screen will appear for a 3 minute period. Once this time period has elapsed, the voucher will become invalid and may not be redeemed.

It is the Consumer’s sole responsibility to ensure that they activate the voucher by:

  • Selecting the participating bar in which they wish to redeem the pint &
  • Inserting the correct 5 digit ‘Free pint code’ provided by outlet bar staff/management when in a participating outlet in order to successfully redeem the voucher and to avail of the Promotion.

A free pint of Murphy’s can only be redeemed by a person aged 18 or over. The participating outlet at which the voucher is being redeemed may require proof of age and entry into the participating outlet is at the participating outlets sole discretion.

Free pint vouchers are non-transferable and no cash alternative is available.

Claiming the pint will have no monetary value. No cash will be given in lieu of holding a voucher. Only a pint of Murphy’s can be redeemed, no other products are accepted.

A voucher is void if not validated and/or redeemed in accordance with these terms & conditions and/or is obtained, altered or otherwise used fraudulently or improperly in the Promoter’s sole opinion. Multiple registrations by a Consumer are not permitted and will not be valid. A maximum of one (1) pint per person, per day is allowed.

The Promoter shall not be liable for any acts or omissions of the participating outlet.

The Application is provided “as is” and on an “as available” basis to the fullest extent permissible by law. The Promoter shall not be liable at any time for any damages losses and causes of action resulting from any lack of suitability, timeliness or accuracy of the Application, or resulting from the failure of electronic means of communication, including, but not limited to the failure or delay in delivery or electronic communications, interceptions of manipulation of electronic communications by third parties or by computer programmes used for the electronic communications and transition of viruses, or resulting from breakdowns in/or errors in or relation to the internet.

Unless indicated otherwise all intellectual property rights in the Application are owned by the Promoter. Users are permitted to read the Application and make copies of it for their own personal use. Uses of the Application for example storage, reproduction in any external site of the creation of links or hyperlinks is prohibited without the express written consent of the Promoter.

In the event that a participant posts unsolicited ideas, opinions, statements, contents, of any messaging or other material consisting of text, graphics, images, audio, video, software, data consolations or other material, (the Material), on the Application and associated discussion groups, bulletin boards or chat rooms or sends such material to the Promoter by email or otherwise, the Promoter shall be entitled to use, copy and commercially utilise such Material, in whole or in part, in any form, to the fullest of its extent and free of charge. The Promoter shall not be bound by any confidentiality obligation in respect of such Material.

The participants hereby indemnify and hold the Promoter harmless for and against all actions, claims and liabilities, suffered incurred or sustained by the Promoter as a result of the posting, use or exploitation of the Material infringing the intellectual property rights of any third party or otherwise being unlawful towards any third party.

The Promoter reserves the right to remove Material at its sole discretion or without prior notification that does not meet its standards or does not comply with these terms of use but the Promoter is not liable for any failure or delay in removing such Material. The Promoter is not responsible and shall not be liable for any such Material.

The Promoter, its agents and the participating outlets accept no responsibility for any technical or other difficulties experienced by consumers participating in this Promotion. The Promoter reserves the right to update, remove or otherwise close down the Application at any time without notice.

These Terms & Conditions shall be governed by and construed in accordance with Irish law and subject to the exclusive jurisdiction of the Irish Courts.

Data Protection Notice:

Downloading and installing the “Pure Cork” smartphone app does not provide us with personal data about you. Data collected here is anonymised and is used for the purposes of assessing promotion performance and for marketing measurement purposes. By using this app you are consenting to the anonymous collection of data within the app including but not limited to, location, claiming, redemption, error reporting, clickstreams (navigation within the app), sharing information, age information, notification delivery, opt-in to geolocation and push notification services, expiry, deletion and other user patterns which Heineken Ireland and its subsidiaries and partners reserves the right to use in promotion, marketing, operations and for other purposes.

If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

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