Terms and Conditions

TERMS AND CONDITIONS MY GUINNESS

1. Applicability of these Terms and Conditions

These Terms and Conditions apply to the My Guinness program of Diageo. My Guinness is free to join for all Consumers, subject to these Terms and Conditions. As a Member You can access member rewards, offers, experiences, merchandise and events from Guinness. Unless expressly stated otherwise, all provisions of these Terms and Conditions apply to every Member.

2. Definitions

Unless expressly indicated otherwise, the following capitalised terms (both in plural and in singular) as used in these Terms and Conditions will have the following meanings:

Consumer: any natural person who is acting for purposes which are outside his trade, business, craft, or profession;

Diageo or We/Us/Our: means, depending on your location:

Diageo Great Britain Limited, company number 507652, having its registered office at 16 Great Marlborough Street, London, W1F 7HS, the United Kingdom and telephone number +44 (0) 20 7947 9100; or

Diageo Ireland Unlimited Company, company number 22876, having its registered office at St. James’s Gate, Dublin 8, Ireland and telephone number +353 1 800 931123; or

Diageo Northern Ireland Limited, company number NI003755, having its registered office at Third Floor, Capital House, 3 Upper Queen Street, Belfast, BT1 6FB, Northern Ireland, and telephone number 028 9068 2021,

and/or any of its direct or indirect affiliates.

Our VAT numbers are:

For Great Britain: GB217112703;

For Ireland: 4511336S

For Northern Ireland: XI217112703

My Guinness: the name of the membership program subject to these Terms and Conditions;

Member: any Consumer who is part of My Guinness;

Membership: the name of Your contractual relationship with Diageo as Member of My Guinness;

Terms and Conditions: these terms and conditions;

Website: means, for users located in:

Great Britain: https://my.guinness.com/en-gb

Ireland and/or Northern Ireland: https://my.guinness.com/en-ie

You(r)(s): any natural person or legal entity that visits the Website and/or has entered, or wishes to enter, into a contract with Us.

3. Who can become a member

3.1 You must be at least eighteen (18) years of age or the age of majority in Your jurisdiction to become a Member.

3.2 My Guinness is only available in the United Kingdom (including Northern Ireland) and the Republic of Ireland. Only residents of the United Kingdom (including Northern Ireland) or the Republic of Ireland, can become a Member.

3.3 My Guinness is free to join, and there is no obligation to make a purchase.

4. Registration process and membership

4.1(a) For Consumers in the United Kingdom (including Northern Ireland), prior to enjoying all the benefits that the Membership has to offer, You are required to register to Our database. As part of Your registration, You will be required to confirm (by opt-in) that You accept to receive Our marketing communications.

4.1(b) For Consumers in the Republic of Ireland, prior to enjoying all the benefits that the Membership has to offer, You are required to register to Our database. As part of Your registration, You will be requested to confirm (by optional opt-in) whether You accept to receive Our marketing communications.

4.2 During the registration process, You will be prompted to provide Your personal information, including but not limited to Your name, email address and date of birth. Additionally, we request that You choose a password to enable future access to the Website using Your credentials.

4.3 During the registration process, You will be prompted to select affinities/interests about which to receive tailored communications and benefits; those include: Premier League, Live Music, Beautiful Beer, Guinness Merch, Guinness Experiences, Food Exploration, Guinness History, Guinness Nitrosurge, Guinness at Home & Rugby Union; we request that You select at least one.

4.4 You must have reached the legal required minimum age within Your jurisdiction. A valid photo ID with date of birth, any other data and documents may be reasonably required by Us in order to establish whether You have reached the required minimum age. We may require You to go through an age verification system upon the registration as a Member to confirm that You have reached the required minimum age. If You have not yet reached the required minimum age, We are authorised to refuse the Membership. We are entitled to terminate the Membership with immediate effect if You have successfully registered as a Member, but We become aware afterwards that You do not meet the requirements to become a Member.

4.5 One individual can only have one Membership. We reserve the right, at all times, to refuse, merge, and/or terminate any additional accounts.

4.6 Your Membership is personal and subject to these Terms and Conditions and all other conditions adopted by Us, as accepted by You. You are fully responsible for all activities conducted through Your Membership account. This means that You bear the responsibility for keeping the login credentials secure and confidential. In the event of any fraudulent use of Your password or account, We advise You to promptly contact Our customer service, email address: consumercare.gbandIreland@diageo.com / telephone number: ROI: 1800 250 000 UK/NI - 0345 601 4558, 9am -5pm Monday to Friday.

4.7 Your Membership account is issued by Us and remains the property of Diageo. They cannot be transferred, sold, or exchanged in any manner.

4.8 It is Your responsibility and a condition for Your Membership, to keep Your email address and contact information up-to-date.

4.9 We reserve the right to communicate with You via email regarding the Membership and any special/promotional offers (as applicable, depending on location and terms of Membership creation outlined at clause 4.1(a) and clause 4.1(b) above), etc. The communication conducted with You is of significant importance for Your Membership and accompanying activities. Further, We reserve the right to conduct temporary promotional offers that may grant Members additional benefits.

4.10 After successfully completing the registration process, where permission has been granted for targeted marketing communication, it is possible to withdraw the permission for targeted marketing communication at any time by contacting Our customer service or by using the link as included in Our marketing communication. If You have withdrawn permission to receive Our marketing communication, You agree that We may, however, still contact You with personal information about your Membership.

5. Benefits

5.1 All My Guinness members receive access to member rewards, offers, experiences, merchandise and events from Guinness.

5.2 From time to time, My Guinness may offer other variable rewards, offers, partner offers, prize draws and experiences to members of My Guinness. Members must be logged in to their account to view their benefits. Where we offer benefits, they will be subject to the terms and conditions communicated with that benefit.

6. Modification or termination

6.1 You may terminate Your Membership at any time by contacting Our customer service or by using the link as included in Our marketing communications (as applicable). If You terminate Your Membership, all rights will be forfeited and the information as registered in Your account can no longer be accessed as from the moment We confirm the termination of Your Membership.

6.2 We reserve the right to amend, modify, suspend, restrict and/or terminate My Guinness, as well as these Terms and Conditions, either in part or in its entirety, at Our discretion and at any time We will duly inform You about any changes to My Guinness and/or these Terms and Conditions by email. In case of any amendments the new version of the Terms and Conditions will also be published on Our Website.

6.3 If You are not happy with the modifications in My Guinness and/or these Terms and Conditions as referred to in clause 6.2, You have the right to terminate Your Membership.

6.4 We reserve the right to make minor changes to My Guinness and the Terms and Conditions without prior notice, provided that these changes do not substantially negatively impact the Membership.

6.5 We reserve the right to terminate Your Membership at any time at Our discretion. You will be duly notified by Us in a timely manner.

6.6 We will terminate Your Membership in any case under the following circumstances:(a) in the event of Your decease;(b) upon notification of loss, theft, or in case of fraud or reasonable suspicion thereof;(c) termination due to a directive or instruction from an authority, such as a regulatory body;(d) You have expressed in writing Your non-acceptance of a modification to these Terms and Conditions;(e) termination based on a significant reason justifying the cessation of Your Membership;(f) immediate termination without any notice of default if You fail to fulfil Your obligations; and(g) upon termination of My Guinness.

7. Processing of Your personal data

The personal data that You provide to Us as a Member participating in My Guinness will be recorded and stored in Our database. We respect Your privacy and endeavour to handle the personal information You provide in accordance with the applicable privacy legislation. For a comprehensive overview of how We process Your personal data, please refer to Our privacy policy as published on Our Website https://www.diageoprivacycentre.com/en-gb

8. Limitation of our Liability

8.1 Without prejudice to any rights to which You are entitled as a Consumer under applicable laws and regulations in your jurisdiction, and to the extent permitted by law, We shall not be liable for damage caused by:(a) (unauthorised) use of and/or fraudulent actions of any kind with the Membership account; and(b) malfunctions on the Website.

8.2 Without prejudice to any rights to which You are entitled as a Consumer under applicable laws and regulations in your jurisdiction, and to the extent permitted by law, We are not liable for any indirect, immaterial and/or consequential damages.

9. Applicable law

Depending on Your location, the applicable law will vary, as follow:

For Members located in Great Britain (England, Scotland, Wales): all enquiries made by You, offers made by Us (Diageo Great Britain Limited), (legal) actions arising from the Membership, any non-contractual obligations (intended), the use of Our Website (https://my.guinness.com/en-gb) as well as these Terms and Conditions themselves, English law applies and You agree to submit to the exclusive jurisdiction of the courts of England.

For Members location in the Republic of Ireland or Northern Ireland: all enquiries made by You, offers made by Us (Diageo Ireland Unlimited Company and/or Diageo Northern Ireland Limited), (legal) actions arising from the Membership, any non-contractual obligations (intended), the use of Our Website (https://my.guinness.com/en-ie) as well as these Terms and Conditions themselves, Irish law applies and You agree to submit to the exclusive jurisdiction of the courts of Ireland.

10. Contact and Complaints

10.1 Your comments and suggestions are always welcome. You can submit your comments, suggestions, or complaints by contacting Us email address: consumercare.gbandIreland@diageo.com / telephone number: ROI: 1800 250 000 UK/NI - 0345 601 4558, 9am-5pm Monday to Friday.