Diageo Draught Cocktail Rebate Terms and Conditions.
Introduction
Diageo Great Britain Limited (we or us) identified an issue with the white four-line cooler in several Diageo draught cocktail units. As a result, outlets using Diageo draught cocktail units with the white four-line cooler were asked to switch off the draught cocktail equipment until further notice.
We have worked to replace the coolers as quickly as possible. However, if an outlet did not wish to keep their Diageo draught cocktail unit, instead of replacing the cooler we have removed the equipment from the outlet.
If an outlet had a draught cocktail unit with a white four-line cooler removed between November 2021-August 2022 instead of having the cooler replaced, Diageo will compensate the outlet for any unused draught cocktail stock (whether or not such stock is out of date) (the Product) in the outlet’s possession via the ServedUp platform. The outlet will be required to safely dispose of any Product in its possession which it has claimed a credit for.
These terms set out the basis on which we will credit an outlet that has requested removal of the Diageo draught cocktail unit (you) for the Product. By claiming a credit for the Product, you agree to comply fully with these terms.
2. Claim Process and Credit
In order to claim your credit for the Product, you must:
have had a Diageo draught cocktail unit installed in your outlet which we asked you to switch off because of the issue with the white four-line cooler;
had the Diageo draught cocktail unit removed from your outlet between November 2021-August 2022 instead of having the cooler replaced. For the avoidance of doubt, to be eligible for credit for the Product you must not have received a cooler replacement;
complete the form on the ServedUp website (www.servedup.co/diageo-cocktails-form) with your details and the amount of Product a credit is being claimed for; and
upload a photograph of the Product a credit is being claimed for. The labels on the Product must be clearly shown in the photograph. Only a single image showing all Product a credit is being claimed for will be accepted. You should retain this photograph as evidence of the amount of Product a credit is being claimed for. If you are unable to provide a photograph of the Product a credit is being claimed for, please explain why in the comments box on the form.
We will review your claim and if we are satisfied that your claim is valid, we will provide you with a credit of £160 per unit (i.e. box) of Product. The credit will be paid to you by ServedUp on our behalf.
The credit will only be paid after the Diageo draught cocktail unit has been uninstalled from your outlet.
The deadline for submitting claims in accordance with clause 2.1 above is 5pm on 31 March 2023. Any claims received after this time will not be accepted.
We cannot guarantee that the credit will be paid within a particular timeframe. However, if you have not heard from us or received your credit within 3 months of making your claim, please contact the ServedUp by emailing [email protected], and they will give you an update.
The amount of the credit is fixed and non-negotiable. The credit amount has been determined based on the average retail value of the Product, but the actual amount you paid for the Product will depend on your pricing. Unfortunately, we are unable to offer credits that are tailored to your particular pricing, including (without limitation) if the price you paid for the Product is greater than the credit amount.
You must submit all claims for credit in one application and we will not accept multiple applications.
You must ensure that all information and evidence you provide is true, accurate and not misleading. If we believe the information and evidence you have provided is or might be false, inaccurate or misleading, without limiting any other rights and remedies available to us, we may reject any associated credit claims or reclaim any associated credit payments already made to you.
If you have any questions about your claim or credit, please contact ServedUp by emailing [email protected]
3. Disposal of the Product
It is a condition of the credit that you safely dispose of all Product you have claimed a credit for and recycle the associated packaging. You must not use or resell any Product you have claimed a credit for.
You must dispose of the Product in accordance with all applicable laws, regulations, rules, codes and guidance from competent authorities including (without limitation) the Health and Safety Executive, Public Health England and the Environmental Agency. If in doubt, please contact your water company and/or waste disposal provider for information on how to properly dispose of the Product.
You must use reasonable care and follow any reasonable instructions from us in connection with the disposal of the Product and the associated packaging.
You should retain evidence that you have properly and safely disposed of the Product and the associated packaging.
If you fail to dispose of the Product and recycle the associated packaging as required by these terms, without limiting any other rights and remedies available to us, we may reclaim any associated credit payments made to you.
4. Evidence, Audit and Compliance
You must retain all evidence required under these terms and conditions for at least one year after you submit the form on the ServedUp website. For the avoidance of doubt, you must retain (i) the photograph of Product a credit is being claimed for; and (ii) evidence that you have properly and safely disposed of the Product and the associated packaging.
You agree that we or our representatives may audit you to confirm your compliance with these terms and you must promptly provide access to all relevant premises, records, materials and individuals for the purposes of such audit (including, without limitation, providing access to all evidence of the disposal of the Product).
If you fail to maintain the evidence or permit us to audit you as required by these terms, without limiting any other rights and remedies available to us, we may reclaim any associated credit payments made to you.
5. General
You unconditionally and irrevocably agree to release us from any and all liabilities relating to the switch-off and removal of the Diageo draught cocktail unit from your outlet, the non-use of the Product and the disposal of the Product. You also irrevocably waive any and all rights whatsoever and howsoever arising which you may have, which you may have had at any time in the past or which you may have at any time in the future, to bring a claim of whatsoever nature against us in relation to the switch-off and removal of the Diageo draught cocktail unit from your outlet, the non-use of the Product and the disposal of the Product. Notwithstanding the foregoing, nothing in these terms attempts to exclude our liability for death or personal injury caused by negligence, fraud or any other liability which cannot be excluded by law.
Where we deem necessary, including (without limitation) where we are concerned about compliance with any applicable laws, we may on notice to you suspend the activities contemplated by these terms.
No changes to these terms will be effective until confirmed in writing by us.
You will not make any announcements or publications in relation to the Product or our brands without our consent.
You will not transfer any of your rights or obligations under these terms to anyone else without our consent. These terms do not confer any third-party beneficiary rights.
If any portion of these terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these terms, it will not be considered a waiver.
We will only use personal data provided by you in accordance with our privacy policy which can be found here: https://footer.diageohorizon.com/dfs/assets/www.diageo.com/PrivacyPolicy_en.html?locale=en-gb
These terms and any dispute, proceedings or claim of whatever nature arising out of or in any way relating to these terms or their formation (including any non-contractual disputes or claims), will be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.