This website is available for the use of visitors who are 21 years of age or older. Constellation Brands (Constellation) has established these Terms and Conditions of Use so that you will know what can be expected from Constellation, and Constellation will know what it can expect from you. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.

YOU MUST BE 21 YEARS OF AGE OR OLDER TO USE THIS WEBSITE. IF YOU ARE NOT 21 YEARS OF AGE OR OLDER, DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, OR LIVE IN A COUNTRY WHERE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, DO NOT USE THIS WEBSITE.

PERSONAL AND NON-COMMERCIAL USE

This website is for your personal, non-commercial use only. The copyrights to all contents of this website are proprietary to Constellation or its third party licensors, and you may not reproduce, post on any other website, modify, distribute or transmit any portion of this website without Constellation’s written consent. Any name, logo, trademark or service mark contained on this website is owned or licensed by Constellation and may not be used by you without the prior written consent of Constellation.

UNLAWFUL AND PROHIBITED USE

You warrant to Constellation that you will not use this website for any purpose that is unlawful or prohibited by the terms, conditions or notices in these Terms and Conditions and on this website.

DISCLAIMERS OF WARRANTIES AND DAMAGES

Although Constellation makes all reasonable efforts to ensure that the content of the website is updated and correct, Constellation makes no warranties as to its accuracy. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL CONSTELLATION BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED ON OR DOWNLOADED FROM THIS WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

USER INPUT AND SUBMISSIONS

You acknowledge that any electronic mail or other input to Constellation through this website is non-confidential. You further agree that any ideas, concepts, techniques or other materials that you send to Constellation become the property of Constellation at the time they are submitted and/or posted, and can be used by Constellation for any purpose without compensation. The submission of such materials in no way creates any obligation or duty on the part of Constellation to post or use such materials or, if Constellation does so, to give you credit.

All photographs submitted to the website must be your original creation – in other words, they must be taken by you. If the photographs have not been taken by you, the person who took the photograph must submit it. By submitting a photograph to the website, you represent and warrant that you are at least 21 years of age, and that such photograph is your original creation, has not been copied in whole or in part from any other work, does not violate or infringe any copyright, trademark or other proprietary right of any person or entity (including any rights of privacy or publicity), and is your sole and exclusive property.

By submitting a photograph, you hereby grant Constellation permission to use your image or likeness as it appears in such photograph and to edit, composite, morph, scan, duplicate, or alter the photograph, and to post such photograph (as submitted, or as edited, modified or otherwise changed at Constellation’s sole discretion) on the website, with or without accompanying music. If you submit any photographs that contain the image or likeness of any person other than you, you agree to obtain written permission from each such person for Constellation to use such image or likeness as it appears in such photograph and to post such photograph on the website, in the manners described above. By submitting any photograph that contains the image or likeness of any person other than you, you hereby represent and warrant that you have obtained such written permission and that such person is at least 21 years of age. You agree to indemnify and hold harmless Constellation and its affiliates, members, agents and advertising agencies for any action that results from a breach of your representations and warranties made herein, or that is made by a person whose image or likeness was used in any photograph without such person’s written consent.

Any photograph or other material submitted that shows illegal, dangerous, unsafe, pornographic, obscene, profane, defamatory, libelous, or threatening activity or material, or that shows any activity or material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation, or that violates the rights of third parties, or that is otherwise deemed by Constellation, in its sole discretion, to be inappropriate (including, without limitation, if any such photograph contains an image of a competitive product) will not be posted. Without limiting the generality of the foregoing, any photographs will not be accepted or posted, or may be removed, if Constellation believes, in it sole discretion, that it contains any of the following:

(a) persons under the age of 21; (b) competitive products; (c) unsafe behavior / activity that could result in physical injury or property damage; (d) third party materials that you have no rights to, including photographs owned by third parties, images of celebrities, third party trademarks, artwork, etc.; (e) illegal activity, including drug use; (f) obscenity or profanity; (g) anything defamatory or libelous; (h) anything disparaging the brands of Constellation Brands Inc., or any of their competitors; (i) anything racist or sexist; (j) anything pornographic or obscene; (k) gambling; or (l) anything in poor taste.

By submitting a photograph(s), you grant Constellation and its affiliates, agents and advertising agencies permission to use the photograph(s), and any images or likeness of any persons contained therein, for any purpose and in any and all media whatsoever throughout the world, in perpetuity, without compensation. Submitted photographs may be accepted and/or posted on the website if deemed appropriate by Constellation in its sole and absolute discretion. All photographs submitted become the sole property of Constellation and will not be returned. You must be 21 or older to submit a photograph.

LINKS

The sites linked from this website, or any link contained in a linked site, are not under Constellation’s control, and Constellation does not assume any responsibility or liability for their content. Constellation provides these links for your convenience only and Constellation makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered on any third-party website, including, without limitation, the accuracy, subject matter, quality or timeliness of such electronic content.

You must obtain Constellation’s permission to link this website, or any page on the website, to your website. The fact that Constellation may be linked to any third-party websites does not indicate that Constellation has granted permission to link, and does not constitute an endorsement or recommendation.

PRIVACY POLICY

Information that you provide Constellation is subject to the Constellation Privacy Policy. The Constellation Privacy Policy describes what information is collected, how the information is used, and the choices you have about the way the information is used. You may view the full privacy policy below. By accessing this website you agree to be bound by the terms of the Privacy Policy and acknowledge that while Constellation will take reasonable security precautions concerning electronic data and communications, it is not responsible for any harm caused by interception of such data and communications.

APPLICABLE LAWS

This website is created and controlled by Constellation in the State of Illinois, USA and that exclusive jurisdiction resides in the courts of the State of Illinois. You agree that any claim relating to this website, the services provided through this website or to these Terms and Conditions of Use shall be governed by the substantive laws of the State of Illinois, without giving effect to any principles of conflicts of law. This website has been designed to comply with United States law. Constellation does not represent that the content of this website is appropriate for locations outside the United States. You are responsible for complying with all applicable local laws if you access this website from locations outside the United States.

TRADEMARKS

Constellation owns, among many other trademarks, MODELO ESPECIAL®; and all related logos and designs, in the United States.

These trademarks may not be used in any manner likely to cause confusion, disparage or dilute these trademarks and/or in connection with any product or service that is not authorized or sponsored by Constellation and/or Constellation.

TERMINATION OF USAGE

Constellation may terminate your right to use this website, with or without cause at any time in its sole discretion, including, without limitation, your violation of these Terms and Conditions. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

INDEMNITY

You agree to indemnify and hold Constellation, and its members, managers, directors, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the website, your use of the website, your connection to the website, your violation of these Terms and Conditions, or your violation of any rights of another.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Materials may be made available via the website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the website.

If you believe any materials on the website infringe a copyright, you should provide us with written notice that at a minimum contains:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows: Constellation Brands, 131 S. Dearborn St., Suite 1200, Chicago, Illinois 60603, Attn: Marketing Department.

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. In no event shall Constellation be liable for any claim of copyright infringement which may arise from the posting of any photograph or other user generated content on any third party website or that may arise from any other unauthorized use by a third party of the photograph or other Constellation user generated content.

Text Message Terms & Conditions

1. By subscribing to CBrandsGear text messages, you consent to receiving up to 6 SMS messages per month.
2. Text STOP to 900-900 to cancel. This is the exclusive method for opt-out. After texting STOP to 900-900 you will receive one additional message confirming that your request has been processed.
3. By participating in CBrandsGear alerts, you are agreeing to receive recurring, autodialed marketing messages at the mobile number that’s been provided at opt-in. Consent is not a condition of purchase. Message & data rates may apply.
4. In the event that you change or deactivate your mobile number it is your responsibility to text STOP to 900-900 to have your number removed.
5. Additionally, CBrandsGear reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program.
6. For assistance, please contact customer service at CBrandsGear@bdainc.com.

ACKKNOWLEDGMENT AND CHANGES

These Terms and Conditions represent the entire understanding between you and Constellation regarding your relationship with Constellation and this website and supersedes any prior statements or representations. In the event that any provision of these Terms and Conditions, or portion thereof, is determined to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions and the remainder of the Terms and Conditions of use shall continue in full force and effect. Constellation reserves the right to change the Terms and Conditions at any time by posting changes online. Your non-termination or continued use of website after changes are posted constitutes your acceptance of these Terms and Conditions as modified by the posted changes.