HEINEKEN
SECRET AGENT PROMOTION
Full
Official Rules
NO PURCHASE OR TEXT
MESSAGE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT OR SENDING A TEXT
MESSAGE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE HEINEKEN SECRET AGENT PROMOTION (“PROMOTION”) IS OPEN ONLY
TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA
WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. PROMOTION IS
GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING
CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS
CONTRACT INCLUDES CERTAIN RELEASES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND
REMEDIES, INCLUDING A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.
This
Promotion consists of two (2) parts: (a) a random chance instant win program
(“Instant Win Program”) and (b) a random chance grand prize
sweepstakes (“Grand Prize Sweepstakes”).
Collectively, the Instant Win Program, and the Grand Prize Sweepstakes
are referred to as the “Promotion,” and the Instant Win Period and the Grand
Prize Sweepstakes Periods as the “Promotion Period.”
1. ELIGIBILITY:
(a) The Instant Win Program is open only to
legal residents of the fifty (50) United States and the District of Columbia who
are 21 years of age and older at time of entry, excluding residents of New Jersey. Instant Win Program is void in
New Jersey. This portion of the Promotion may only be entered in or from the fifty
(50) United States and the District of Columbia (excluding New Jersey), and entries originating from New Jersey or
outside the United States are not eligible. You are not eligible to win in the
Instant Win Program if you reside in New Jersey or outside the fifty (50)
United States and the District of Columbia.
(b) The Grand Prize Sweepstakes is open to
all legal residents of the fifty (50) United States and the District of
Columbia who are 21 years of age and older at time of entry except as set forth
below.
Notwithstanding
the foregoing, the following individuals and members of their families
(parents, grandparents, children, siblings, spouses) and immediate household members
(whether related or not) are not eligible for participation: employees,
officers, and directors of Heineken USA (“Sponsor”) and its parent, subsidiary,
and affiliated companies, alcoholic beverage suppliers, wholesalers,
distributors, and importers, alcoholic beverage retailers, and Sponsor’s
advertising and promotional agencies. All federal, state, and local regulations
apply.
2. START/END
DATES:
The Instant Win Program begins at 12:01 a.m. Eastern
Time (ET) on 3/1/20 and ends at 11:59 p.m. ET on 5/15/20 or when all Instant
Win prizes have been awarded, whichever is earlier (“Instant Win Period”). The Grand
Prize Sweepstakes begins at 12:01 a.m. Eastern Time (ET) on 3/1/20 and ends at 11:59
p.m. ET on 3/30/20 (“Grand Prize Sweepstakes Period”). In order to be eligible for the Grand Prize Sweepstakes
drawing, entries must be received by 3/30/20.
Entries received after 3/30/20 shall only be eligible for a chance to
win an Instant Win Program prize.
3. HOW TO
ENTER:
There are two (2) ways to enter the Promotion: (a)
via SMS or (b) on the Internet.
(a) SMS Entry: Submit an SMS entry from
your mobile device (“Mobile Device”) by texting ‘007’ to 77000. You will
receive a return text message providing a link to www.Heineken.com/US/007. Click the link to visit the website
and follow the on-screen instructions to participate in the Instant Win Program
and to be entered into the Grand Prize Sweepstakes drawing. In you are an Instant
Win Program winner you will receive an on-screen confirmation message. Carrier’s
standard messaging and data rates apply. All SMS entries must be submitted by 11:59
p.m. ET on 5/15/20.
(b) Internet
Entry:
To submit an Internet entry directly online (without sending a text), visit www.Heineken.com/US/007 and follow the on-screen entry
instructions to participate in the Instant Win Program and to be entered into
the Grand Prize Sweepstakes drawing. In you are an Instant Win Program winner
you will receive an on-screen confirmation message. Normal time rates, if any,
charged by Internet service provider will apply. All Internet entries must be
submitted by 11:59 p.m. ET on 5/15/20.
There is
a limit of one (1) entry per person regardless of method of entry. Once registered, returning visitors can login with their registered email
address to participate in the Instant Win portion of the promotion up to once
per day.
By submitting an entry, entrants fully and
unconditionally agree to be bound by these Official Rules and the decisions of Sponsor
and its appointed agents, which will be final and binding in all matters
relating to the Promotion. By submitting an entry, entrants are automatically
entered into both the Instant Win Program and the Grand Prize Sweepstakes. Please note that there is a limit of one (1) prize per individual,
household, street address, and/or e-mail address during any six (6) month
period across all HEINEKEN USA Inc. promotions, regardless of brand (Heineken,
Amstel, Dos Equis, Murphy’s, Newcastle, Red Stripe, Strongbow,
Tecate, and Tiger), except that in the case of this
Promotion winners of Instant Win prizes are still eligible for a chance to win
the Grand Prize Sweepstakes.
4. PRIZES:
All Promotion prize details are at Sponsor’s sole
discretion. Prizes to be awarded “as is” and any and all warranties and/or
guarantees (if any) shall be subject to the prize manufacturer’s terms;
therefore, winners agree to look solely to such manufacturer(s) for any such
warranty(s) and/or guarantee(s), if any. Any prize depiction is for
illustrative purposes only and shall not be relied upon. No part of any prize includes
any alcoholic beverages. Prizes are not transferable or redeemable for cash. No
substitutions of prizes by winners are allowed, but Sponsor reserves the right
to substitute a prize of equal or greater value at its sole discretion.
(a) Instant Win Prize #1 (1,500): One thousand five hundred
(1,500) Instant Win prize #1 will be randomly awarded during the Instant Win
Period. Each Instant Win prize #1 consists of: Heineken branded ‘007’ hat. The
approximate retail value (ARV) of each Instant Win prize #1: $4.
ARV of all available Instant Win prize #1: $6,000.
(b) Instant Win Prize #2 (500): Five hundred (500)
Instant Win prize #2 will be randomly awarded during the Instant Win Period.
Each Instant Win prize #2 consists of: Heineken branded ‘007’ backpack. ARV of
each instant win prize #2: $24. ARV of all available Instant Win prize #2: $12,000.
(c) Grand Prize Sweepstakes Prize (1): One (1) grand prize
will be awarded in the Grand Prize Sweepstakes.
The grand prize consists of a trip for two (2) people to Los Angeles, CA
and includes round-trip coach airfare for two (2) people from the gateway
airport nearest winner’s residence to Los Angeles, CA (Sun, 4/5/2020 – Wed, 4/8/2020),
hotel accommodations for two (2) people—one room, double occupancy—for three (3)
nights at The Hollywood Roosevelt Hotel or other Sponsor designated hotel (Sun,
4/5/2020 – Wed, 4/8/2020), and two (2) tickets to attend the premier of the
movie screening for No Time To Die. ARV of the grand prize: $3,500.
All travel
must be completed by 4/8/2020, or as otherwise determined by Sponsor, at its
sole discretion, or prize shall be forfeit.
Exact travel dates, transportation and accommodation details, dates,
times, and terms to be determined at the sole discretion of Sponsor. No refund
or compensation will be made in the event of the cancellation or delay of any
flight. Travel and accommodations are subject to availability. Blackout dates
and other restrictions may apply. Once travel is booked, any penalties incurred
as a result of changes to flights are the sole responsibility of winner. Travel
is subject to the terms and conditions set forth in these Official Rules and
those set forth by Sponsor’s airline carrier of choice as detailed in the
passenger ticket contract.
Except as
otherwise expressly set forth herein, all expenses and travel costs incurred as
a result of seeking or winning a prize are the sole responsibility of winner.
Any expenses or costs not expressly stated in the description of the prize
above, including, but not limited to, ground transportation, parking, meals,
incidentals, gratuities, passenger tariffs or duties, surcharges, airport fees,
service or facility charges, hotel resort fees, personal charges at lodging,
security fees, taxes, or other expenses, are the sole responsibility of winner.
Winner’s guest must be twenty-one (21) years of age or older as of the date of
departure and must travel on the same itinerary and at the same time as winner.
Travel must be round-trip. Winner and guest are solely responsible for
obtaining any required travel documents, including a valid passport where
applicable, and travel insurance. Winner and guest must each execute an
Affidavit of Eligibility and Publicity Release form provided by Sponsor or its
appointed agent prior to issuance of tickets. Travel restrictions, conditions,
and limitations may apply. Sponsor will not replace any lost, mutilated, or
stolen tickets, travel vouchers, or certificates. Sponsor is not responsible
for any penalty charges incurred as a result of changes to tickets that have
been issued. Any such penalties incurred are the sole responsibility of winner.
ARV of all prizes: $21,500.
All expenses and travel costs incurred as a result of seeking, winning,
and/or making use of a prize are the sole responsibility of winner. Any expense
or cost not expressly stated in the description of the prizes set forth above
is the sole responsibility of winner.
All federal, state, and
local taxes, fees, and surcharges on any prize are the sole responsibility of
winner of the prize. Winners of prizes with a value of $600 or more will be
issued an IRS Form 1099-MISC early in the year following the year in which
prize was awarded for filing with his/her federal and state tax returns. Sponsor
complies with all tax reporting requirements. The amount of any tax liability
will vary depending on winner’s tax bracket.
5. ODDS OF WINNING:
(a) Instant Win
Odds of
winning an Instant Win prize are dependent on the number of eligible Instant Win
entries received divided by the number of prizes available. Limit one (1)
Instant Win prize per person or household during entire Instant Win Period.
(c) Grand Prize Sweepstakes
Odds of
winning the grand prize in the Grand Prize Sweepstakes are dependent on the
total number of eligible entries received by 3/30/20, prior to the grand prize
drawing.
6. WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:
(a) Instant Win
Participants
in the online Instant Win game who receive a winning ‘secret message’ will receive
an on-screen confirmation message and will be determined as a potential Instant
Win prize winner. Potential Instant Win
prize winners will be selected at random throughout the Instant Win Period. If
you are a potential Instant Win prize winner, you will receive an on-screen
message stating that you have won an Instant Win prize, along with the
designated Instant Win prize, and a unique prize claim code. (If you have not received the on-screen
confirmation message, along with a unique prize claim code, then you are not an
instant winner.)
Instant Win
prize winners may be required to complete and return a prize claim form or
provide verification of identify or residential address in order to claim your
prize (see below). Confirmed Instant Win
prize winners will be shipped their prize award to the residential address
provided during initial registration. Shipping
addresses may not be changed following initial registration. Allow 6 – 8 weeks for prize delivery.
NOTE: you are not officially a winner until your
eligibility has been verified by Administrator and Administrator verifies that you
have fully complied with these Official Rules. Limit one (1) Instant Win
prize per person or household during entire Instant Win Period.
Potential
Instant Win prize winners may be required to sign and return, where legal and
as required by Administrator, a Declaration of Eligibility and
Liability/Publicity Release within three (3) days of notification that he/she
is a potential winner. No potential winner will be an official winner until any
required paperwork has been returned and eligibility has been formally verified
by Administrator. If any potential winner fails to comply with these Official
Rules and/or to submit required documentation within the designated time
period, he/she will be automatically disqualified and the prize may be awarded
to an alternate winner.
(b) Grand Prize Sweepstakes
The potential
grand prize winner in the Grand
Prize Sweepstakes portion of the Promotion will be selected in a random
drawing from among all eligible entries received prior to the grand prize
drawing to be held on or about 3/31/20. Drawing
will be conducted by Sponsor or its appointed agent, and all decisions are
final. Potential winner will be contacted by telephone and/or email. If the
potential winner cannot be reached within twenty-four (24) hours of first
notification attempt, if any prize or prize notification is returned as undeliverable,
if the potential winner rejects his/her prize, or in the event of noncompliance
with these Official Rules, such prize will be forfeited and an alternate winner
will be selected from among all remaining eligible entries (NOTE: no phone messages will be left during
the winner notification process). Upon forfeiture of any prize, no compensation
will be given.
The potential
grand prize winner will be required to sign and return, where legal, an
Affidavit of Eligibility and Liability/Publicity Release (or a Declaration of
Eligibility and Liability/Publicity Release in situations where the prize value
is under $600) within one (1) day of notification that he/she is a potential
winner. No potential winner will be an official winner until his/her Affidavit
of Eligibility and Liability/Publicity Release or Declaration of Eligibility
and Liability/Publicity Release has been returned and eligibility has been
formally verified by Sponsor. If the potential winner fails to comply with these
Official Rules and/or to submit the required documentation within the
designated time period, he/she will be automatically disqualified and the grand
prize may be awarded to an alternate winner.
7. LICENSE AND RELEASE:
Participation in the Promotion and acceptance of prize
constitute winner’s and guest’s (where applicable) permission for Sponsor or
its agents to photograph, film, and record each winner and guest and to use
his/her name, address (city and state), likeness, photograph, voice,
biographical information, and/or any statements made by each winner and guest regarding
the Promotion or Sponsor for purposes of trade, publicity, or promotion without
notice or additional compensation, except where prohibited by law. By
participating and/or accepting a prize, entrants, winners, and grand prize
winner’s guest acknowledge and agree to release and hold harmless Sponsor, Sponsor’s
advertising and promotional agencies, and their respective parent companies,
subsidiaries, affiliates, partners, representatives, agents, successors,
assigns, employees, officers, and directors (“Released Parties”) from any and
all liability for loss, harm, damage, injury, cost, or expense whatsoever,
including, without limitation, property damage, personal injury, and/or death that
may occur in connection with, preparation for, travel to, or participation in the
Promotion, or participation in, possession, acceptance, and/or use or misuse of
any prize or participation in any Promotion-related activity, including, but
not limited to, any claims based on publicity rights, defamation or invasion of
privacy, and merchandise delivery. Sponsor shall not be responsible for any
cancellations, delays, diversions, substitutions, or omissions whatsoever by
any other persons providing any services to winner, including any results
thereof, such as changes in services or location necessitated by same. Sponsor
is not responsible if any part of a Promotion prize cannot be awarded due to
acts of God, acts of war, natural disasters, weather, or acts of terrorism.
Sponsor shall not be liable for any loss or damage to personal belongings.
Entrants who do not comply with these Official Rules or who attempt to
interfere with this Promotion in any way shall be disqualified. There is no
purchase required to participate in the Promotion or to win any prize in the
Promotion. A purchase does not increase odds of winning.
8. ADDITIONAL TERMS:
Sponsor
reserves the right to alter, suspend, or terminate the Promotion at any time
and with or without notice if, in Sponsor’s sole discretion, the integrity of the
Promotion becomes or is likely to become compromised in any way. In the event
the Promotion is terminated prematurely, all eligible entries received prior to
the Promotion termination or suspension date will be included in the next prize
drawing. No automated devices, bots, and/or other programs and/or software are
permitted. All entries become the sole and exclusive property of Sponsor and
will not be acknowledged or returned. Delivery of a prize will require a street
address located within the (50) United States or District of Columbia. Sponsor is not responsible for late,
incomplete, invalid, unintelligible, misdirected, technically corrupted, or garbled
entries, which will be disqualified, or for problems of any kind, whether
mechanical, human, or electronic. Only fully completed entries are eligible.
Proof of submission will not be deemed to be proof of receipt by Sponsor.
In case of a dispute as to the identity of any SMS entrant,
an entry will be declared as made by the authorized account holder of the Mobile
Device used for entry. In case of a dispute as to the identity of any Internet
entrant, an entry made by Internet will be deemed made by the authorized
account holder of the e-mail address submitted at the time of entry. The
“authorized account holder” is deemed the natural person who is assigned to an
e-mail address by an Internet access provider, service provider, or other
online organization that is responsible for assigning e-mail addresses for the
domain associated with the submitted e-mail address. A potential winner may be
requested to provide Sponsor with proof that the potential winner is the
authorized account holder of the e-mail address associated with the winning
entry.
If for any reason the Promotion is not capable of running
as planned, including due to infection by computer virus, bugs, tampering,
unauthorized intervention, automated entries, fraud, technical failure, human
error, or any other cause beyond the control of Sponsor that corrupts or affects
the administration, security, fairness, integrity, or proper conduct of the
Promotion, Sponsor reserves the right, in its sole discretion, to disqualify
any individual who tampers with the entry process and to cancel, terminate,
modify, or suspend the Promotion. Sponsor assumes no responsibility for any
error, omission, interruption, telephone or other communications malfunctions,
deletion, defect, delay in operation or transmission, communications line
failure, or theft or destruction of, unauthorized access to, or alteration of
entries. Sponsor is not responsible for any problems or technical malfunctions
of any telephone networks or lines, computer online systems, servers, or providers,
computer equipment, software, failure of any e-mail or entry to be received by
Sponsor on account of technical problems or traffic congestion on the Internet
or at any website, any combination thereof, or otherwise, including any injury
or damage to entrant’s or any other person’s computer related to, or resulting
from, participation or downloading of any materials in the Promotion.
Sponsor and its agents are not responsible for printing, distribution,
or production errors and may, in their sole discretion, rescind, cancel,
suspend, modify, or revoke this Promotion based upon any such error without
liability. If by reason of a printing,
computer, or other error more prizes are awarded in a prize category than the
number set forth in these Official Rules, all persons purportedly making valid
claims will be included in a random drawing to award the advertised number of
prizes available. In no case will more than the advertised number of prizes be
awarded. Antifraud detection devices may be used for verification purposes. In
the event there is a discrepancy or inconsistency between disclosures or other
statements contained in any Promotion materials and the terms and conditions of
the Official Rules, the Official Rules shall prevail, govern and control.
Sponsor’s failure to
enforce any term of these Official Rules shall not constitute a waiver of that
provision. Headings are solely for convenience and will not be deemed to affect
in any manner the meaning or intent of the documents or any provision hereof.
Caution: Any attempt by an entrant to deliberately damage any website or
undermine the legitimate operation of the Promotion may be 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.
IN NO EVENT WILL THE
RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND,
INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
ARISING OUT OF ENTRANT’S ACCESS TO, AND USE OF, THE WEBSITES AND/OR THIS
PROMOTION, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED
FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION.
9. DISPUTES AND GOVERNING
LAW:
The parties
waive all rights to trial in any action or proceeding instituted in connection
with these Official Rules, including, without limitation, the Promotion. Any
controversy or claim arising out of, or relating to, these Official Rules
and/or the Promotion shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in New York City, New York.
THESE OFFICIAL
RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY, AND CONSTRUED
IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS
CONFLICTS OF LAWS AND RULES. For any matters that are not subject to
arbitration as set forth in these Official Rules and/or in connection with the
entering of any judgment on an arbitration award in connection with these Official
Rules and/or the Promotion, the parties irrevocably submit and consent to the
exclusive jurisdiction and venue of the state and federal courts located in or
closest to New York City, New York. The parties agree not to raise the defense
of forum non conveniens.
10. USE OF DATA:
Sponsor will
be collecting personal data about entrants online, in accordance with its
Privacy & Cookie Policy. Please review Sponsor’s Privacy & Cookie Policy
at http://heinekenusa.com/privacy-cookie-policy/. By participating in the Promotion, entrant hereby agrees to Sponsor’s
collection and usage of his/her personal information and acknowledges that he/she
has read and accepted Sponsor’s Privacy & Cookie Policy.
11. LIST OF WINNERS:
To obtain a list of winners, send a
self-addressed, stamped envelope, with sufficient postage, to Winners List, Heineken
Secret Agent Promotion, P.O. Box 248, Woodbridge, NJ 07095. All requests for a
list of winners must be postmarked by 6/30/20 and received by 7/15/20.
12. SPONSOR: HEINEKEN USA Inc.,
White Plains, N.Y.
©2020 HEINEKEN® Original
and HEINEKEN® Light Lager Beer. Brewed in Holland. Imported by Heineken USA, White Plains, NY.