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TERMS:

Diageo Americas, Inc., Norwalk, CT, will donate $10.00 for each qualifying photo posted on Instagram between Friday, 5/19/2017 at 8:01 a.m. Eastern Time and Monday, 5/29/2017 at 11:59:59 p.m. Eastern Time, by a person who is twenty-one (21) years of age or older of him/herself or another person who is twenty-one (21) years of age or older “walking” (i.e., literally walking as well as  “walking” in the figurative sense of moving forward as expressed by the Keep Walking advertising campaign of Diageo Americas, Inc.’s JOHNNIE WALKER brand of Scotch whiskey) along with the hashtag #KeepWalkingAmerica. 

Donation will be made to HIRE HEROES with an address of 1360 UNION HILL RD., ALPHARETTA, GA, 30004. (“Charity”).

Important Restrictions:

Offer valid only in the United States and is void elsewhere and where prohibited by law. Maximum donation to Charity is $30,000. Should the $30,000 donation threshold be attained prior to 5/29/2017 at 11:59:59 p.m. ET, Offer will automatically end at that time and notice of Offer termination will be posted on www.instagram.com/johnniewalkerus (@johnniewalkerus), the official Instagram page of JOHNNIE WALKER.

You must obtain the consent of the person walking in the photo (assuming that the person walking is not you; i.e., photo is not a “selfie”) BEFORE posting the photo and participating in the Offer.  Diageo Americas, Inc. reserves the right in its sole discretion to condition making donation upon participant establishing to the Company’s satisfaction that the consent of the person walking in the photo was previously obtained by the corresponding photographer/participant.

In order to post photo, you must verify that you are of legal age to consume alcohol beverages as per Instagram’s functionality and “follow” @johnniewalkerus (if you do not already).

Wireless Internet access and/or other fees may apply when participating in the Offer. Please consult your wireless service provider regarding your pricing plan before participating in the Offer.  Not all cellular phone providers carry necessary service to utilize the Instagram app and thereby participate in the Offer. Wireless Internet access is not available in all areas.

Photo must have been taken by you during the Offer Period of 5/19/2017 at 8:01 a.m. Eastern Time – 5/29/2017 at 11:59:59 p.m. Eastern Time. If taken previously, any such posted photo will NOT result in Diageo Americas, Inc. making a donation.

There is a limit of one (1) photo per person. An Instagram account may only be used by the individual assigned to such account by Instagram, LLC. If a person has more than one (1) Instagram account, only one (1) such account may be used to post photo(s) and participate in the Offer. In addition, if the same or nearly identical photos are posted by the same or different persons/Instagram accounts, only the first such photo posted will result in a donation being made by Diageo Americas, Inc. assuming that such photo “qualifies,” as set forth below.  But, Diageo Americas, Inc. reserves the right to withhold even the initial donation without notice or liability of any kind should Diageo Americas, Inc. determine that participants have blatantly, egregiously or willfully violated the photo posting limit. Without in any way limiting the foregoing, copying or “re-gramming” other persons’ photos will not result in donation.  

Should photo qualify for donation (as determined by Diageo Americas, Inc. and/or its promotion marketing agency in their sole discretion), no action is required by the participant him/herself beyond posting of photo on Instagram as set forth above.

No donation will be made by Diageo Americas, Inc. for photos (and/or any text or caption to same) which

  • violate or infringe any copyright, trademark, trade name, trade secret or other proprietary right of any person or entity, including photos which are copied in whole or in part from another source;
  • contain full or partial nudity, defined as the display of the genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering or the showing of the breast with less than a fully opaque covering of any part of the nipple, or any lewd or sexually suggestive gesture;
  • depict or reference persons consuming alcoholic beverages;
  • depict or reference persons conducting themselves in an inappropriate manner;
  • contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination;
  • contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status;
  • include an image of any person that appears to be under 21 years of age;
  • are irrelevant to the theme of Keep Walking; or
  • are obscene, provocative, lewd or otherwise objectionable or those which reflect poorly on the JOHNNIE WALKER brand.

Diageo Americas, Inc. and/or its promotion marketing agency shall determine in their sole discretion if a photo (including any text or caption to same) complies with these Terms (including the preceding content requirements) and thereby qualifies for a donation. Diageo Americas, Inc. will not provide notification of any kind if a photo (including any text or caption to same) does not qualify for donation for any reason; similarly, Diageo Americas, Inc. may but is in no way obligated to acknowledge that a given photo (and any text or caption to same) qualifies for a donation.

Posted photo (including any text or caption to same) becomes the property of Sponsor and receipt of same may not be acknowledged.  By posting a photo, you represent and warrant that such photo (including any text or caption to same) is your sole, original work and that it does not infringe upon the rights of any other party, including but not limited to any intellectual property, trade secret or other proprietary rights of any other party. By posting a photo, you further represent and warrant that any person(s) depicted or referenced therein (including in any text or caption to such photo) have given his or her express written consent to the depiction/reference and use as contemplated by these Terms and that you have obtained written permission for such use from any such person.  Posting of a photo (including any text or caption to same)  grants Diageo Americas, Inc. the right to use, publish, adapt, edit and/or modify such photo (and any text or caption to same) in any way, in whole or in part, and to use such photo (and any text or caption to same), and any ideas or concepts contained therein, in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to the official JOHNNIE WALKER Instagram page or the JOHNNIE WALKER website, without limitation or compensation to you and without right of notice, review or approval of any such use of posted photo (including any text or caption to same). Posting of photo (including any text or caption to same) further constitutes your consent to irrevocably assign and transfer to Diageo Americas, Inc. any and all rights, title and interest in and to the photo (including any text or caption to same)  including but not limited to all intellectual property rights and proprietary rights worldwide. (The preceding is subject only to those rights reserved by Instagram, LLC as the operator of a social media platform).  Any content, material or information included in posted photo (including any text or caption to same) shall not be confidential, proprietary or trade secret.  By posting a photo (and any text or caption to same), you consent to Diageo Americas, Inc.’s use, reproduction and disclosure of the photo (including any text or caption to same), and the ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose.  Any posted photo (including any text or caption to same)  that contains third party artistic works, copyrights, trademarks, trade names, logos or similar brand identifying marks, trade secrets or other proprietary rights is NOT valid and will not result in a donation being made by Diageo Americas, Inc.

This offer cannot be combined with any other Diageo Americas, Inc. or JOHNNIE WALKER coupon, discount, offer or promotion.  Individual participation only; group, organization, club or business requests are not allowed.

Charity is not endorsing Diageo Americas, Inc. or its JOHNNIE WALKER brand of scotch whiskey.

Any data posted on the official JOHNNIE WALKER Instagram page or elsewhere regarding the Offer, including the amount of the donation by Diageo Americas, Inc. to date, is intended solely for informational purposes, is not binding in any way upon Diageo Americas, Inc. and may be modified by Diageo Americas, Inc. without notice or liability of any kind.

Consumer will not receive any charitable deduction or other tax benefit (or other incentive of any kind) in conjunction with Offer participation.

All decisions of Diageo Americas, Inc. regarding the Offer and these Terms (including but not limited to whether posted photos qualify for a donation) are final and binding in all respects. The failure of Diageo Americas, Inc. to enforce any provision of these Terms in a given circumstance shall not constitute the waiver of such provision.

POSTED PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE PERSON POSTING SUCH PHOTO HIM/HERSELF AND DO NOT REFLECT THE VIEWS/OPINIONS OF DIAGEO AMERICAS, INC. IN ANY MANNER. DIAGEO AMERICAS, INC. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH POSTED PHOTOS, INCLUDING SPECIFICALLY ANY LIABILITY FOR REVIEIWNG, MODERATING OR MONITORING POSTED PHOTOS.

Diageo Americas, Inc. and its agencies are not responsible for lost, late, damaged, illegible, garbled, jumbled, inaccessible, corrupted, misdirected or incomplete photos, due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of photo. The preceding includes but is not limited to filtering or other operation of the functionality of Instagram. 

Diageo Americas, Inc. is not responsible for incorrect or inaccurate information, whether caused by Instagram users or by any human or technological error that may occur in the processing of photos in this Offer. Diageo Americas, Inc. reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Offer, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Offer. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY MOBILE WEBSITE, DEFRAUD DIAGEO AMERICAS, INC. IN CONJUNCTION WITH THE OFFER OR UNDERMINE THE LEGITIMATE OPERATION OF THIS OFFER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW (AND DIAGEO AMERICAS, INC. FURTHER RESERVES THE RIGHT IN ITS SOLE DISCRETION TO WITHHOLD DONATION(S) ATTRIBUTABLE TO SUCH CONDUCT).

Diageo Americas, Inc. shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate this Offer at any time without notice or further obligation. 

In posting a photo and participating in the Offer, you voluntarily and knowingly completely and forever release, waive and discharge Diageo Americas, Inc. and all related parties, Charity, as well as Instagram, LLC, from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which you ever had, now has or might in the future have arising in any way or related to this Offer, including, but not limited to, your participation in the Offer; your photo;  physical and/or emotional injury or other loss of any  kind; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.

This offer is in no way sponsored, endorsed or administered by, or associated with, Instagram, LLC.

JOHNNIE WALKER scotch whisky imported by Diageo, Norwalk, CT.

Please Drink Responsibly.

THIS OFFER IS NOT SPONSORED OR ENDORSED BY THE UNITED STATES GOVERNMENT, THE UNITED STATES ARMED FORCES OR ANY BRANCH THEREOF.